[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR7.1]



[Page 201-202]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.1  Purpose.









                      Subpart A_Uniform Regulations



Sec.  

7.1 Purpose.

7.2 Authority.

7.3 Definitions.

7.4 Prohibited acts and criminal penalties.

7.5 Permit requirements and exceptions.

7.6 Application for permits and information collection.

7.7 Notification to Indian tribes of possible harm to, or destruction 

          of, sites on public lands having religious or cultural 

          importance.

7.8 Issuance of permits.

7.9 Terms and conditions of permits.

7.10 Suspension and revocation of permits.

7.11 Appeals relating to permits.

7.12 Relationship to section 106 of the National Historic Preservation 

          Act.

7.13 Custody of archaeological resources.

7.14 Determination of archaeological or commercial value and cost of 

          restoration and repair.

7.15 Assessment of civil penalties.

7.16 Civil penalty amounts.

7.17 Other penalties and rewards.

7.18 Confidentiality of archaeological resource information.

7.19 Report.

7.20 Public awareness programs.

7.21 Surveys and schedules.



      Subpart B_Department of the Interior Supplemental Regulations



7.31 Scope and authority.

7.32 Supplemental definitions.

7.33 Determination of loss or absence of archaeological interest.

7.34 Procedural information for securing permits.

7.35 Permitting procedures for Indian lands.

7.36 Permit reviews and disputes.

7.37 Civil penalty hearings procedures.



    Authority: Pub. L. 96-95, 93 Stat. 721, as amended; 102 Stat. 2983 

(16 U.S.C. 470aa-mm) (Sec.  10(a). Related authority: Pub. L. 59-209, 34 

Stat. 225 (16 U.S.C. 432,433); Pub. L. 86-523; 74 Stat. 220, 221 (16 

U.S.C. 469), as amended; 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 

915 (16 U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139 

(1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 

(1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996).





    Source: 49 FR 1027, Jan. 6, 1984, unless otherwise noted.





    (a) The regulations in this part implement provisions of the 

Archaeological Resources Protection Act of 1979, as amended (16 U.S.C. 

470aa-mm) by establishing the uniform definitions, standards, and 

procedures to be followed by all Federal land managers in providing 

protection for archaeological resources, located on public lands and 

Indian lands of the United States. These regulations enable Federal land 

managers to protect archaeological resources, taking into consideration 

provisions of the American Indian Religious Freedom Act (92 Stat. 469; 

42 U.S.C. 1996), through permits authorizing excavation and/or removal 

of archaeological resources, through civil penalties for unauthorized 

excavation and/or removal, through provisions for the preservation of 

archaeological resource collections and data, and through provisions for 

ensuring confidentiality of information about archaeological resources 

when disclosure would threaten the archaeological resources.

    (b) The regulations in this part do not impose any new restrictions 

on activities permitted under other laws, authorities, and regulations 

relating to mining, mineral leasing, reclamation,



[[Page 202]]



and other multiple uses of the public lands.



[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]