43 Cfr 3

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Title 43: Public Lands: Interior
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PART 3—PRESERVATION OF AMERICAN ANTIQUITIES

Section Contents

§ 3.1 Jurisdiction.
§ 3.2 Limitation on permits granted.
§ 3.3 Permits; to whom granted.
§ 3.4 No exclusive permits granted.
§ 3.5 Application.
§ 3.6 Time limit of permits granted.
§ 3.7 Permit to become void.
§ 3.8 Applications referred for recommendation.
§ 3.9 Form and reference of permit.
§ 3.10 Reports.
§ 3.11 Restoration of lands.
§ 3.12 Termination.
§ 3.13 Report of field officer.
§ 3.14 Examinations by field officer.
§ 3.15 Persons who may apprehend or cause to be arrested.
§ 3.16 Seizure.
§ 3.17 Preservation of collection.

Authority: Secs. 3, 4, 34 Stat. 225, as amended; 16 U.S.C. 432.
Source: 19 FR 8838, Dec. 23, 1954, unless otherwise noted.
§ 3.1 Jurisdiction.
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Jurisdiction over ruins, archeological sites, historic and prehistoric monuments and structures, objects of
antiquity, historic landmarks, and other objects of historic and scientific interest, shall be exercised under
the act by the respective Departments as follows:
(a) By the Secretary of Agriculture over lands within the exterior limits of forest reserves;
(b) By the Secretary of the Army over lands within the exterior limits of military reservations;
(c) By the Secretary of the Interior over all other lands owned or controlled by the Government of the
United States, Provided, The Secretaries of the Army and Agriculture may by agreement cooperate with

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the Secretary of the Interior in the supervision of such monuments and objects covered by the Act of
June 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433), as may be located on lands near or adjacent to forest
reserves and military reservations, respectively.

§ 3.2 Limitation on permits granted.
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No permit for the removal of any ancient monument or structure which can be permanently preserved
under the control of the United States in situ, and remain an object of interest, shall be granted.

§ 3.3 Permits; to whom granted.
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Permits for the examination of ruins, the excavation of archeological sites, and the gathering of objects
of antiquity will be granted, by the respective Secretaries having jurisdiction, to reputable museums,
universities, colleges, or other recognized scientific or educational institutions, or to their duly authorized
agents.

§ 3.4 No exclusive permits granted.
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No exclusive permits shall be granted for a larger area than the applicant can reasonably be expected to
explore fully and systematically within the time limit named in the permit.

§ 3.5 Application.
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Each application for a permit should be filed with the Secretary having jurisdiction, and must be
accompanied by a definite outline of the proposed work, indicating the name of the institution making the
request, the date proposed for beginning the field work, the length of time proposed to be devoted to it,
and the person who will have immediate charge of the work. The application must also contain an exact
statement of the character of the work, whether examination, excavation, or gathering, and the public
museum in which the collections made under the permit are to be permanently preserved. The
application must be accompanied by a sketch plan or description of the particular site or area to be
examined, excavated, or searched, so definite that it can be located on the map with reasonable
accuracy.

§ 3.6 Time limit of permits granted.
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No permit will be granted for a period of more than 3 years, but if the work has been diligently
prosecuted under the permit, the time may be extended for proper cause upon application.

§ 3.7 Permit to become void.
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Failure to begin work under a permit within 6 months after it is granted, or failure to diligently prosecute
such work after it has been begun, shall make the permit void without any order or proceeding by the
Secretary having jurisdiction.

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§ 3.8 Applications referred for recommendation.
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Applications for permits shall be referred to the Smithsonian Institution for recommendation.

§ 3.9 Form and reference of permit.
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Every permit shall be in writing and copies shall be transmitted to the Smithsonian Institution and the
field officer in charge of the land involved. The permitee will be furnished with a copy of the regulations
in this part.

§ 3.10 Reports.
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At the close of each season's field work the permitee shall report in duplicate to the Smithsonian
Institution, in such form as its secretary may prescribe, and shall prepare in duplicate a catalogue of the
collections and of the photographs made during the season, indicating therein such material, if any, as
may be available for exchange.

§ 3.11 Restoration of lands.
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Institutions and persons receiving permits for excavation shall, after the completion of the work, restore
the lands upon which they have worked to their customary condition, to the satisfaction of the field officer
in charge.

§ 3.12 Termination.
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All permits shall be terminable at the discretion of the Secretary having jurisdiction.

§ 3.13 Report of field officer.
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The field officer in charge of land owned or controlled by the Government of the United States shall, from
time to time, inquire and report as to the existence, on or near such lands, of ruins and archaeological
sites, historic or prehistoric ruins or monuments, objects of antiquity, historic landmarks, historic and
prehistoric structures, and other objects of historic or scientific interest.

§ 3.14 Examinations by field officer.
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The field officer in charge may at all times examine the permit of any person or institution claiming
privileges granted in accordance with the act and this part, and may fully examine all work done under
such permit.

§ 3.15 Persons who may apprehend or cause to be arrested.

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All persons duly authorized by the Secretaries of Agriculture, Army and Interior may apprehend or cause
to be arrested, as provided in the Act of February 6, 1905 (33 Stat. 700) any person or persons who
appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of
antiquity on lands under the supervision of the Secretaries of Agriculture, Army, and Interior,
respectively.

§ 3.16 Seizure.
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Any object of antiquity taken, or collection made, on lands owned or controlled by the United States,
without a permit, as prescribed by the act and this part, or there taken or made, contrary to the terms of
the permit, or contrary to the act and this part, may be seized wherever found and at any time, by the
proper field officer or by any person duly authorized by the Secretary having jurisdiction, and disposed of
as the Secretary shall determine, by deposit in the proper national depository or otherwise.

§ 3.17 Preservation of collection.
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Every collection made under the authority of the act and of this part shall be preserved in the public
museum designated in the permit and shall be accessible to the public. No such collection shall be
removed from such public museum without the written authority of the Secretary of the Smithsonian
Institution, and then only to another public museum, where it shall be accessible to the public; and when
any public museum, which is a depository of any collection made under the provisions of the act and this
part, shall cease to exist, every such collection in such public museum shall thereupon revert to the
national collections and be placed in the proper national depository.
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