[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: 43CFR7.3]



[Page 202-203]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.3  Definitions.



    As used for purposes of this part:

    (a) Archaeological resource means any material remains of human life 

or activities which are at least 100 years of age, and which are of 

archaeological interest.

    (1) Of archaeological interest means capable of providing scientific 

or humanistic understandings of past human behavior, cultural 

adaptation, and related topics through the application of scientific or 

scholarly techniques such as controlled observation, contextual 

measurement, controlled collection, analysis, interpretation and 

explanation.

    (2) Material remains means physical evidence of human habitation, 

occupation, use, or activity, including the site, location, or context 

in which such evidence is situated.

    (3) The following classes of material remains (and illustrative 

examples), if they are at least 100 years of age, are of archaeological 

interest and shall be considered archaeological resources unless 

determined otherwise pursuant to paragraph (a)(4) or (a)(5) of this 

section:

    (i) Surface or subsurface structures, shelters, facilities, or 

features (including, but not limited to, domestic structures, storage 

structures, cooking structures, ceremonial structures, artificial 

mounds, earthworks, fortifications, canals, reservoirs, horticultural/

agricultural gardens or fields, bedrock mortars or grinding surfaces, 

rock alignments, cairns, trails, borrow pits, cooking pits, refuse pits, 

burial pits or graves, hearths, kilns, post molds, wall trenches, 

middens);

    (ii) Surface or subsurface artifact concentrations or scatters;

    (iii) Whole or fragmentary tools, implements, containers, weapons 

and weapon projectiles, clothing, and ornaments (including, but not 

limited to, pottery and other ceramics, cordage, basketry and other 

weaving, bottles and other glassware, bone, ivory, shell, metal, wood, 

hide, feathers, pigments, and flaked, ground, or pecked stone);

    (iv) By-products, waste products, or debris resulting from 

manufacture or use of human-made or natural materials;

    (v) Organic waste (including, but not limited to, vegetal and animal 

remains, coprolites);

    (vi) Human remains (including, but not limited to, bone, teeth, 

mummified flesh, burials, cremations);

    (vii) Rock carvings, rock paintings, intaglios and other works of 

artistic or symbolic representation;

    (viii) Rockshelters and caves or portions thereof containing any of 

the above material remains;

    (ix) All portions of shipwrecks (including, but not limited to, 

armaments, apparel, tackle, cargo);

    (x) Any portion or piece of any of the foregoing.

    (4) The following material remains shall not be considered of 

archaeological interest, and shall not be considered to be 

archaeological resources for purposes of the Act and this part, unless 

found in a direct physical relationship with archaeological resources as 

defined in this section:

    (i) Paleontological remains;

    (ii) Coins, bullets, and unworked minerals and rocks.

    (5) The Federal land manager may determine that certain material 

remains, in specified areas under the Federal land manager's 

jurisdiction, and under specified circumstances, are not or are no 

longer of archaeological interest and are not to be considered



[[Page 203]]



archaeological resources under this part. Any determination made 

pursuant to this subparagraph shall be documented. Such determination 

shall in no way affect the Federal land manager's obligations under 

other applicable laws or regulations.

    (6) For the disposition following lawful removal or excavations of 

Native American human remains and ``cultural items'', as defined by the 

Native American Graves Protection and Repatriation Act (NAGPRA; Pub. L. 

101-601; 104 Stat. 3050; 25 U.S.C. 3001-13), the Federal land manager is 

referred to NAGPRA and its implementing regulations.

    (b) Arrowhead means any projectile point which appears to have been 

designed for use with an arrow.

    (c) Federal land manager means:

    (1) With respect to any public lands, the secretary of the 

department, or the head of any other agency or instrumentality of the 

United States, having primary management authority over such lands, 

including persons to whom such management authority has been officially 

delegated;

    (2) In the case of Indian lands, or any public lands with respect to 

which no department, agency or instrumentality has primary management 

authority, such term means the Secretary of the Interior;

    (3) The Secretary of the Interior, when the head of any other agency 

or instrumentality has, pursuant to section 3(2) of the Act and with the 

consent of the Secretary of the Interior, delegated to the Secretary of 

the Interior the responsibilities (in whole or in part) in this part.

    (d) Public lands means:

    (1) Lands which are owned and administered by the United States as 

part of the national park system, the national wildlife refuge system, 

or the national forest system; and

    (2) All other lands the fee title to which is held by the United 

States, except lands on the Outer Continental Shelf, lands under the 

jurisdiction of the Smithsonian Institution, and Indian lands.

    (e) Indian lands means lands of Indian tribes, or Indian 

individuals, which are either held in trust by the United States or 

subject to a restriction against alienation imposed by the United 

States, except for subsurface interests not owned or controlled by an 

Indian tribe or Indian individual.

    (f) Indian tribe as defined in the Act means any Indian tribe, band, 

nation, or other organized group or community, including any Alaska 

village or regional or village corporation as defined in, or established 

pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688). In 

order to clarify this statutory definition for purposes of this part, 

``Indian tribe'' means:

    (1) Any tribal entity which is included in the annual list of 

recognized tribes published in the Federal Register by the Secretary of 

the Interior pursuant to 25 CFR part 54;

    (2) Any other tribal entity acknowledged by the Secretary of the 

Interior pursuant to 25 CFR part 54 since the most recent publication of 

the annual list; and

    (3) Any Alaska Native village or regional or village corporation as 

defined in or established pursuant to the Alaska Native Claims 

Settlement Act (85 Stat. 688), and any Alaska Native village or tribe 

which is recognized by the Secretary of the Interior as eligible for 

services provided by the Bureau of Indian Affairs.

    (g) Person means an individual, corporation, partnership, trust, 

institution, association, or any other private entity, or any officer, 

employee, agent, department, or instrumentality of the United States, or 

of any Indian tribe, or of any State or political subdivision thereof.

    (h) State means any of the fifty states, the District of Columbia, 

Puerto Rico, Guam, and the Virgin Islands.

    (i) Act means the Archaeological Resources Protection Act of 1979 

(16 U.S.C. 470aa-mm).



[49 FR 1027, Jan. 6, 1984; 49 FR 5923, Feb. 16, 1984, as amended at 60 

FR 5260, Jan. 26, 1995]