[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: 43CFR7.8]



[Page 207-208]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.8  Issuance of permits.



    (a) The Federal land manager may issue a permit, for a specified 

period of time appropriate to the work to be conducted, upon determining 

that:

    (1) The applicant is appropriately qualified, as evidenced by 

training, education, and/or experience, and possesses demonstrable 

competence in archaeological theory and methods, and in collecting, 

handling, analyzing, evaluating, and reporting archaeological data, 

relative to the type and scope of the work proposed, and also meets the 

following minimum qualifications:

    (i) A graduate degree in anthropology or archaeology, or equivalent 

training and experience;

    (ii) The demonstrated ability to plan, equip, staff, organize, and 

supervise activity of the type and scope proposed;

    (iii) The demonstrated ability to carry research to completion, as 

evidenced by timely completion of theses, research reports, or similar 

documents;

    (iv) Completion of at least 16 months of professional experience 

and/or specialized training in archaeological field, laboratory, or 

library research, administration, or management, including at least 4 

months experience and/or specialized training in the kind of activity 

the individual proposes to conduct under authority of a permit; and

    (v) Applicants proposing to engage in historical archaeology should 

have had at least one year of experience in research concerning 

archaeological resources of the historic period. Applicants proposing to 

engage in prehistoric archaeology should have had at least one year of 

experience in research concerning archaeological resources of the 

prehistoric period.

    (2) The proposed work is to be undertaken for the purpose of 

furthering archaeological knowledge in the public interest, which may 

include but need not be limited to, scientific or scholarly research, 

and preservation of archaeological data;

    (3) The proposed work, including time, scope, location, and purpose, 

is not inconsistent with any management plan or established policy, 

objectives, or requirements applicable to the management of the public 

lands concerned;

    (4) Where the proposed work consists of archaeological survey and/or 

data recovery undertaken in accordance with other approved uses of the 

public lands or Indian lands, and the proposed work has been agreed to 

in writing by the Federal land manager pursuant to section 106 of the 

National Historic Preservation Act (16 U.S.C. 470f), paragraphs (a)(2) 

and (a)(3) shall be deemed satisfied by the prior approval.

    (5) Written consent has been obtained, for work proposed on Indian 

lands, from the Indian landowner and the Indian tribe having 

jurisdiction over such lands;

    (6) Evidence is submitted to the Federal land manager that any 

university, museum, or other scientific or educational institution 

proposed in the application as the repository possesses adequate 

curatorial capability for safeguarding and preserving the archaeological 

resources and all associated records; and

    (7) The applicant has certified that, not later than 90 days after 

the date the final report is submitted to the Federal land manager, the 

following



[[Page 208]]



will be delivered to the appropriate official of the approved 

university, museum, or other scientific or educational institution, 

which shall be named in the permit:

    (i) All artifacts, samples, collections, and copies of records, 

data, photographs, and other documents resulting from work conducted 

under the requested permit where the permit is for the excavation and/or 

removal of archaeological resources from public lands.

    (ii) All artifacts, samples and collections resulting from work 

under the requested permit for which the custody or disposition is not 

undertaken by the Indian owners, and copies of records, data, 

photographs, and other documents resulting from work conducted under the 

requested permit, where the permit is for the excavation and/or removal 

of archaeological resources from Indian lands.

    (b) When the area of the proposed work would cross jurisdictional 

boundaries, so that permit applications must be submitted to more than 

one Federal land manager, the Federal land managers shall coordinate the 

review and evaluation of applications and the issuance of permits.



[49 FR 1027, Jan. 6, 1984; 49 FR 5923, Feb. 16, 1984]