[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR767.5]

[Page 487]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 767_APPLICATION GUIDELINES FOR ARCHEOLOGICAL RESEARCH PERMITS ON 
 
                       Subpart B_Permit Guidelines
 
Sec. 767.5  Evaluation of permit application.

    (a) Permit applications for archeological research are reviewed for 
completeness, compliance with program policies, and adherence to the 
guidelines of this subpart. Incomplete applications will be returned to 
the applicant for clarification. Complete applications are reviewed by 
NHC personnel and, when necessary, outside experts. In addition to the 
criteria set forth in Sec. 767.6, applications are also judged on the 
basis of: relevance or importance; archeological merits; appropriateness 
and environmental consequences of technical approach; and qualifications 
of the applicants.
    (b) Under certain circumstances, it may be necessary to consult with 
the State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP) about the need to comply with section 
106 of the NHPA. A section 106 review may require the NHC to consult 
with the appropriate SHPO and the ACHP. The ACHP review can take up to 
60 days beyond the NHC's required 120-day review. Therefore, the entire 
review process may take up to 180 days.
    (c) The NHC shall send applications for research at sites located in 
units of the national park system, national wildlife refuge system, and 
national marine sanctuary system to the appropriate Federal land manager 
for review. The Federal land manager is responsible for ensuring that 
the proposed work is consistent with any management plan or established 
policy, objectives or requirements applicable to the management of the 
public lands concerned. NHC shall send applications for research at 
sites located on state bottomlands to the appropriate state agency for 
review. The burden of obtaining any and all additional permits or 
authorizations, such as from a state or foreign government or agency, 
private individual or organization, or from another federal agency, is 
on the applicant.
    (d) Based on the findings of the NHC evaluation, the NHC Underwater 
Archeologist will recommend an appropriate action to the NHC Director. 
If approved, NHC will issue the permit; if denied, applicants are 
notified of the reason for denial and may appeal within 30 days of 
receipt of the denial. Appeals must be submitted in writing to: Director 
of Naval History, Naval Historical Center, 805 Kidder Breese St. SE, 
Washington Navy Yard, DC 20374-5060.