[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: 43CFR7.13]



[Page 209]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.13  Custody of archaeological resources.



    (a) Archaeological resources excavated or removed from the public 

lands remain the property of the United States.

    (b) Archaeological resources excavated or removed from Indian lands 

remain the property of the Indian or Indian tribe having rights of 

ownership over such resources.

    (c) The Secretary of the Interior may promulgate regulations 

providing for the exchange of archaeological resources among suitable 

universities, museums, or other scientific or educational institutions, 

for the ultimate disposition of archaeological resources, and for 

standards by which archaeological resources shall be preserved and 

maintained, when such resources have been excavated or removed from 

public lands and Indian lands.

    (d) In the absence of regulations referenced in paragraph (c) of 

this section, the Federal land manager may provide for the exchange of 

archaeological resources among suitable universities, museums, or other 

scientific or educational institutions, when such resources have been 

excavated or removed from public lands under the authority of a permit 

issued by the Federal land manager.

    (e) Notwithstanding the provisions of paragraphs (a) through (d) of 

this section, the Federal land manager will follow the procedures 

required by NAGPRA and its implementing regulations for determining the 

disposition of Native American human remains and other ``cultural 

items'', as defined by NAGPRA, that have been excavated, removed, or 

discovered on public lands.



[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, 5261, Jan. 26, 

1995]