[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR79.3]

[Page 421-422]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 79_CURATION OF FEDERALLY-OWNED AND ADMINISTERED ARCHAEOLOGICAL 
COLLECTIONS--Table of Contents
 
Sec. 79.3  Applicability.

    (a) The regulations in this part apply to collections, as defined in 
Sec. 79.4 of this part, that are excavated or removed under the 
authority of the Antiquities Act (16 U.S.C. 431-433), the Reservoir 
Salvage Act (16 U.S.C. 469-469c), section 110 of the National Historic 
Preservation Act (16 U.S.C. 470h-2) or the Archaeological Resources 
Protection Act (16 U.S.C. 470aa-mm). Such collections generally include 
those that are the result of a prehistoric or historic resource survey, 
excavation or other study conducted in connection with a Federal action, 
assistance, license or permit.
    (1) Material remains, as defined in Sec. 79.4 of this part, that 
are excavated or removed from a prehistoric or historic resource 
generally are the property of the landowner.
    (2) Data that are generated as a result of a prehistoric or historic 
resource survey, excavation or other study are recorded in associated 
records, as defined in Sec. 79.4 of this part. Associated records that 
are prepared or assembled in connection with a Federal or federally 
authorized prehistoric or historic resource survey, excavation or other 
study are the property of the U.S. Government, regardless of the 
location of the resource.
    (b) The regulations in this part apply to preexisting and new 
collections that meet the requirements of paragraph (a) of this section. 
However, the regulations shall not be applied in a manner that would 
supersede or breach material terms and conditions in any contract, 
grant, license, permit, memorandum, or agreement entered into by or on 
behalf of a Federal agency prior to the effective date of this 
regulation.
    (c) Collections that are excavated or removed pursuant to the 
Antiquities Act (16 U.S.C. 431-433) remain subject to that Act, the 
Act's implementing

[[Page 422]]

rule (43 CFR part 3), and the terms and conditions of the pertinent 
Antiquities Act permit or other approval.
    (d) Collections that are excavated or removed pursuant to the 
Archaeological Resources Protection Act (16 U.S.C. 470aa-mm) remain 
subject to that Act, the Act's implementing rules (43 CFR part 7, 36 CFR 
part 296, 18 CFR part 1312, and 32 CFR part 229), and the terms and 
conditions of the pertinent Archaeological Resources Protection Act 
permit or other approval.
    (e) Any repository that is providing curatorial services for a 
collection subject to the regulations in this part must possess the 
capability to provide adequate long-term curatorial services, as set 
forth in Sec. 79.9 of this part, to safeguard and preserve the 
associated records and any material remains that are deposited in the 
repository.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]