[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR296.1]

[Page 373]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 296_PROTECTION OF ARCHAEOLOGICAL RESOURCES:
UNIFORM REGULATIONS--Table of Contents
 
Sec.  296.1  Purpose.




Sec.  
296.1 Purpose.
296.2 Authority.
296.3 Definitions.
296.4 Prohibited acts and criminal penalties.
296.5 Permit requirements and exceptions.
296.6 Application for permits and information collection.
296.7 Notification to Indian tribes of possible harm to, or destruction 
          of, sites on public lands having religious or cultural 
          importance.
296.8 Issuance of permits.
296.9 Terms and conditions of permits.
296.10 Suspension and revocation of permits.
296.11 Appeals relating to permits.
296.12 Relationship to section 106 of the National Historic Preservation 
          Act.
296.13 Custody of archaeological resources.
296.14 Determination of archaeological or commercial value and cost of 
          restoration and repair.
296.15 Assessment of civil penalties.
296.16 Civil penalty amounts.
296.17 Other penalties and rewards.
296.18 Confidentiality of archaeological resource information.
296.19 Report.
296.20 Public awareness programs.
296.21 Surveys and schedules.

    Authority: Pub. L. 96-95, 93 Stat. 721, as amended, 102 Stat. 2983 
(16 U.S.C. 470aa-mm)(Sec.   10(a). Related Authority: Pub. L. 59-209, 34 
Stat. 225 (16 U.S.C. 432, 433); Pub. L. 86-523, 74 Stat. 220, 221 (16 
U.S.C. 469), as amended, 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 
915 (16 U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139 
(1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 
(1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996).

    Source: 49 FR 1027, Jan. 6, 1984, unless otherwise noted.


    (a) The regulations in this part implement provisions of the 
Archaeological Resources Protection Act of 1979, as amended (16 U.S.C. 
470aa-mm) by establishing the uniform definitions, standards, and 
procedures to be followed by all Federal land managers in providing 
protection for archaeological resources, located on public lands and 
Indian lands of the United States. These regulations enable Federal land 
managers to protect archaeological resources, taking into consideration 
provisions of the American Indian Religious Freedom Act (92 Stat. 469; 
42 U.S.C. 1996), through permits authorizing excavation and/or removal 
of archaeological resources, through civil penalties for unauthorized 
excavation and/or removal, through provisions for the preservation of 
archaeological resource collections and data, and through provisions for 
ensuring confidentiality of information about archaeological resources 
when disclosure would threaten the archaeological resources.
    (b) The regulations in this part do not impose any new restrictions 
on activities permitted under other laws, authorities, and regulations 
relating to mining, mineral leasing, reclamation, and other multiple 
uses of the public lands.

[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]