[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: 43CFR7.14]



[Page 209-210]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.14  Determination of archaeological or commercial value and cost

of restoration and repair.



    (a) Archaeological value. For purposes of this part, the 

archaeological value of any archaeological resource involved in a 

violation of the prohibitions in Sec.  7.4 of this part or conditions of 

a permit issued pursuant to this part shall be the value of the 

information associated with the archaeological resource. This value 

shall be appraised in terms of the costs of the retrieval of the 

scientific information which would have been obtainable prior to the 

violation. These costs may include, but need not be limited to, the cost 

of preparing a research design, conducting field work, carrying out 

laboratory analysis, and preparing reports as would be necessary to 

realize the information potential.

    (b) Commercial value. For purposes of this part, the commercial 

value of any archaeological resource involved in a violation of the 

prohibitions in Sec.  7.4 of this part or conditions of a permit issued 

pursuant to this part shall be its fair market value. Where the 

violation has resulted in damage to the archaeological resource, the 

fair market value should be determined using the condition of the 

archaeological resource prior to the violation, to the extent that its 

prior condition can be ascertained.



[[Page 210]]



    (c) Cost of restoration and repair. For purposes of this part, the 

cost of restoration and repair of archaeological resources damaged as a 

result of a violation of prohibitions or conditions pursuant to this 

part, shall be the sum of the costs already incurred for emergency 

restoration or repair work, plus those costs projected to be necessary 

to complete restoration and repair, which may include, but need not be 

limited to, the costs of the following:

    (1) Reconstruction of the archaeological resource;

    (2) Stabilization of the archaeological resource;

    (3) Ground contour reconstruction and surface stabilization;

    (4) Research necessary to carry out reconstruction or stabilization;

    (5) Physical barriers or other protective devices, necessitated by 

the disturbance of the archaeological resource, to protect it from 

further disturbance;

    (6) Examination and analysis of the archaeological resource 

including recording remaining archaeological information, where 

necessitated by disturbance, in order to salvage remaining values which 

cannot be otherwise conserved;

    (7) Reinterment of human remains in accordance with religious custom 

and State, local, or tribal law, where appropriate, as determined by the 

Federal land manager.

    (8) Preparation of reports relating to any of the above activities.