[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: 43CFR7.33]



[Page 214-215]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

      Subpart B_Department of the Interior Supplemental Regulations

 

Sec.  7.33  Determination of loss or absence of archaeological interest.



    (a) Under certain circumstances, a Federal land manager may 

determine, pursuant to Sec.  7.3(a)(5) of this part, that certain 

material remains are not or are no longer of archaeological interest,



[[Page 215]]



and therefore are not to be considered archaeological resources under 

this part.

    (b) The Federal land manager may make such a determination if he/she 

finds that the material remains are not capable of providing scientific 

or humanistic understandings of past human behavior, cultural 

adaptation, and related topics.

    (c) Prior to making a determination that material remains are not or 

are no longer archaeological resources, the Federal land manager shall 

ensure that the following procedures are completed:

    (1) A professional archaeological evaluation of material remains and 

similar materials within the area under consideration shall be 

completed, consistent with the Secretary of the Interior's Standards and 

Guidelines for Archeology and Historic Preservation (48 FR 44716, Sept. 

29, 1983) and with 36 CFR parts 60, 63, and 65.

    (2) The principal bureau archaeologist or, in the absence of a 

principal bureau archaeologist, the Department Consulting Archeologist, 

shall establish whether the material remains under consideration 

contribute to scientific or humanistic understandings of past human 

behavior, cultural adaptation and related topics. The principal bureau 

archaeologist or the Department Consulting Archeologist, as appropriate, 

shall make a recommendation to the Federal land manager concerning these 

material remains.

    (d) The Federal land manager shall make the determination based upon 

the facts established by and the recommendation of the principal bureau 

archaeologist or the Departmental Consulting Archeologist, as 

appropriate, and shall fully document the basis therefor, including 

consultation with Indian tribes for determinations regarding sites of 

religious or cultural importance.

    (e) The Federal land manager shall make public notice of the 

determination and its limitations, including any permitting requirements 

for activities associated with the materials determined not to be 

archaeological resources for purposes of this part.

    (f) Any interested individual may request in writing that the 

Departmental Consulting Archeologist review any final determination by 

the Federal land manager that certain remains, are not, or are no 

longer, archaeological resources. Two (2) copies of the request should 

be sent to the Departmental Consulting Archeologist, National Park 

Service, P.O. Box 37127, Washington, DC 20013-7127, and should document 

why the requestor disagrees with the determination of the Federal land 

manager. The Departmental Consulting Archeologist shall review the 

request, and, if appropriate, shall review the Federal land manager's 

determination and its supporting documentation. Based on this review, 

the Departmental Consulting Archeologist shall prepare a final 

professional recommendation, and shall transmit the recommendation and 

the basis therefor to the head of the bureau for further consideration 

within 60 days of the receipt of the request.

    (g) Any determination made pursuant to this section shall in no way 

affect the Federal land manager's obligations under other applicable 

laws or regulations.