All archeological investigations on Federal lands that are not carried out by federal archeologists must be conducted under a Permit for Archeological Investigations (Permit). The Federal land manager’s authority for issuing a Permit is contained in statutes and regulations. Permits for Archeological Investigation may be issued under the Archaeological Resources Protection Act (ARPA), the Antiquities Act, or both. Some agencies also cite their own authorizing law(s) as an authority to issue archeological investigation permits.
Why is a Permit for Archeological Investigations Necessary?
The Permit is a legal document that spells out the nature and location of the archeological research that is permitted, the manner in which the research is to be conducted, and where any material that is recovered, including associated records, will be curated. The purpose of a Permit is to ensure the protection and proper treatment of archeological resources in Federal trust for the American people.
When individuals conduct archeological activities or otherwise disturb archeological resources on Federal lands without a valid Permit, they are in violation of ARPA (16 U.S.C. 470ee, ff, gg), the Antiquities Act (16 USC 433), and other statutes. They are subject to criminal and civil penalties, including potential forfeiture of personal property.
Who May Apply?
ARPA and its regulations detail the requirements for obtaining a Permit. Qualified individuals, academic institutions, museums, or businesses that propose to conduct archeological fieldwork on Federal lands must first apply for a Permit for Archeological Investigations. Permit applications are reviewed by Federal managers and archeologists.
The issuance of a Permit is dependent upon the scope of the proposed work; consistency of the proposed work with resource management plans and policy; adequacy of curatorial arrangements for any collections and records; and the qualifications of the applicant. The general requirements are described in Federal regulations that are uniform for the major land managing agencies.
How Do Applicants Apply?
Contact the Federal land manager of the area where you propose to work. An initial consultation with Federal agency staff can save time later in the Permit application process. Information about conducting research and Federal agency points of contact are often available on agency websites.
Prepare a Permit application to conduct archeological investigations on Federal lands. If the initial discussions are fruitful, researchers will be directed to complete and submit an application for a Permit for Archeological Investigations.
Applicants interested in conducting archeological investigations on Department of Interior land should submit a Permit for Archeological Investigations application (DI Form 1926, OMB No. 1024-0037) to the appropriate agency or bureau. The same application form may be used to apply for a Permit for Archeological Investigations under ARPA, the Antiquities Act, or both. Depending on the nature of the investigations, additional permits from the Federal land manager may be required.
Federal land managers may also require potential applicants to participate in consultations with affiliated Indian tribes if the land manager determines that the proposed fieldwork involves sites that have religious or cultural importance for Indian tribes.
Information for Applicants
The National Park Service has prepared a detailed instruction guideline regarding the issuance of Permits for Archeological Investigations in units of the National Park system. This guide includes information that will be useful to applicants, managers, and archeologists who review applications and monitor the conduct of archeological investigations done under Permits.
News and Announcements
For updates about Permits for Archeological Investigations, see the News section.
Last updated: March 24, 2023