[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR79.2]

[Page 437]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 79_CURATION OF FEDERALLY-OWNED AND ADMINISTERED ARCHAEOLOGICAL 
COLLECTIONS--Table of Contents
 
Sec.  79.2  Authority.

    (a) The regulations in this part are promulgated pursuant to section 
101(a)(7)(A) of the National Historic Preservation Act (16 U.S.C. 470a) 
which requires that the Secretary of the Interior issue regulations 
ensuring that significant prehistoric and historic artifacts, and 
associated records, recovered under the authority of section 110 of that 
Act (16 U.S.C. 470h-2), the Reservoir Salvage Act (16 U.S.C. 469-469c) 
and the Archaeological Resources Protection Act (16 U.S.C. 470aa-mm) are 
deposited in an institution with adequate long-term curatorial 
capabilities.
    (b) In addition, the regulations in this part are promulgated 
pursuant to section 5 of the Archaeological Resources Protection Act (16 
U.S.C. 470dd) which gives the Secretary of the Interior discretionary 
authority to promulgate regulations for the:
    (1) Exchange, where appropriate, between suitable universities, 
museums or other scientific or educational institutions, of 
archeological resources recovered from public and Indian lands under 
that Act; and
    (2) Ultimate disposition of archeological resources recovered under 
that Act (16 U.S.C. 470aa-mm), the Antiquities Act (16 U.S.C. 431-433) 
or the Reservoir Salvage Act (16 U.S.C. 469-469c).
    (3) It further states that any exchange or ultimate disposition of 
resources excavated or removed from Indian lands shall be subject to the 
consent of the Indian or Indian tribe that owns or has jurisdiction over 
such lands.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]