Uniform Rules and Regulations
Code of Federal Regulations
Title 43--Public Lands: Interior
Subtitle A--Office of the Secretary of the Interior
Part 3--Preservation of American Antiquities
Revised Dec. 23, 1954
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 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. 431433), as
may be located on lands near or adjacent to forest reserves and military
Limitation on permits granted.
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.
Permits; to whom granted.
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.
No exclusive permits granted.
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.
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.
Time limit of permits granted.
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.
Permit to become void.
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.
Applications referred for recommendation.
Applications for permits shall be referred to the Smithsonian
Institution for recommendation.
Form and reference of permit.
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 permittee will be furnished with a
copy of the regulations in this part.
At the close of each season's field work the permittee
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.
Restoration of lands.
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.
All permits shall be terminable at the discretion of
the Secretary having jurisdiction.
Report of field officer.
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.
Examinations by field officer.
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.
Persons who may apprehend or cause to be arrested.
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.
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.
Preservation of collection.
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.
| Chapter 8 | Appendix
A | Appendix B