CODE OF FEDERAL REGULATIONS
TITLE 43PUBLIC LANDS: INTERIOR
SUBTITLE A-OFFICE OF THE SECRETARY OF THE INTERIOR
PART 3PRESERVATION OF AMERICAN ANTIQUITIES
s 3.1 Jurisdiction.
Jurisdiction over ruins, archeological sites, historic and prehistoric
monuments and structures, objects of antiquity, historic landmarks, and
other objects of historic and scientific interest, shall be exercised under
the act by the respective Departments as follows:
(a) By the Secretary of Agriculture over lands within the exterior limits
of forest reserves;
(b) By the Secretary of the Army over lands within the exterior limits
of military reservations;
(c) By the Secretary of the Interior over all other lands owned or controlled
by the Government of the United States, Provided, The Secretaries of the
Army and Agriculture may by agreement cooperate with the Secretary of the
Interior in the supervision of such monuments and objects covered by the
Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431433), as may
be located on lands near or adjacent to forest reserves and military reservations,
respectively.
s 3.2 Limitation on permits granted.
No permit for the removal of any ancient monument or structure which
can be permanently preserved under the control of the United States in
situ, and remain an object of interest, shall be granted.
s 3.3 Permits; to whom granted.
Permits for the examination of ruins, the excavation of archeological
sites, and the gathering of objects of antiquity will be granted, by the
respective Secretaries having jurisdiction, to reputable museums, universities,
colleges, or other recognized scientific or educational institutions, or
to their duly authorized agents.
s 3.4 No exclusive permits granted.
No exclusive permits shall be granted for a larger area than the applicant
can reasonably be expected to explore fully and systematically within the
time limit named in the permit.
s 3.5 Application.
Each application for a permit should be filed with the Secretary having
jurisdiction, and must be accompanied by a definite outline of the proposed
work, indicating the name of the institution making the request, the date
proposed for beginning the field work, the length of time proposed to be
devoted to it, and the person who will have immediate charge of the work.
The application must also contain an exact statement of the character of
the work, whether examination, excavation, or gathering, and the public
museum in which the collections made under the permit are to be permanently
preserved. The application must be accompanied by a sketch plan or description
of the particular site or area to be examined, excavated, or searched,
so definite that it can be located on the map with reasonable accuracy.
s 3.6 Time limit of permits granted.
No permit will be granted for a period of more than 3 years, but if
the work has been diligently prosecuted under the permit, the time may
be extended for proper cause upon application.
s 3.7 Permit to become void.
Failure to begin work under a permit within 6 months after it is granted,
or failure to diligently prosecute such work after it has been begun, shall
make the permit void without any order or proceeding by the Secretary having
jurisdiction.
s 3.8 Applications referred for recommendation.
Applications for permits shall be referred to the Smithsonian Institution
for recommendation.
s 3.9 Form and reference of permit.
Every permit shall be in writing and copies shall be transmitted to
the Smithsonian Institution and the field officer in charge of the land
involved. The permittee will be furnished with a copy of the regulations
in this part.
s 3.10 Reports.
At the close of each season's field work the permittee shall report
in duplicate to the Smithsonian Institution, in such form as its secretary
may prescribe, and shall prepare in duplicate a catalogue of the collections
and of the photographs made during the season, indicating therein such
material, if any, as may be available for exchange.
s 3.11 Restoration of lands.
Institutions and persons receiving permits for excavation shall, after
the completion of the work, restore the lands upon which they have worked
to their customary condition, to the satisfaction of the field officer
in charge.
s 3.12 Termination.
All permits shall be terminable at the discretion of the Secretary
having jurisdiction.
s 3.13 Report of field officer.
The field officer in charge of land owned or controlled by the Government
of the United States shall, from time to time, inquire and report as to
the existence, on or near such lands, of ruins and archaeological sites,
historic or prehistoric ruins or monuments, objects of antiquity, historic
landmarks, historic and prehistoric structures, and other objects of historic
or scientific interest.
s 3.14 Examinations by field officer.
The field officer in charge may at all times examine the permit of
any person or institution claiming privileges granted in accordance with
the act and this part, and may fully examine all work done under such permit.
s 3.15 Persons who may apprehend or cause to be arrested.
All persons duly authorized by the Secretaries of Agriculture, Army
and Interior may apprehend or cause to be arrested, as provided in the
Act of February 6, 1905 (33 Stat. 700) any person or persons who appropriate,
excavate, injure, or destroy any historic or prehistoric ruin or monument,
or any object of antiquity on lands under the supervision of the Secretaries
of Agriculture, Army, and Interior, respectively.
s 3.16 Seizure.
Any object of antiquity taken, or collection made, on lands owned or
controlled by the United States, without a permit, as prescribed by the
act and this part, or there taken or made, contrary to the terms of the
permit, or contrary to the act and this part, may be seized wherever found
and at any time, by the proper field officer or by any person duly authorized
by the Secretary having jurisdiction, and disposed of as the Secretary
shall determine, by deposit in the proper national depository or otherwise.
s 3.17 Preservation of collection.
Every collection made under the authority of the act and of this part
shall be preserved in the public museum designated in the permit and shall
be accessible to the public. No such collection shall be removed from such
public museum without the written authority of the Secretary of the Smithsonian
Institution, and then only to another public museum, where it shall be
accessible to the public; and when any public museum, which is a depository
of any collection made under the provisions of the act and this part, shall
cease to exist, every such collection in such public museum shall thereupon
revert to the national collections and be placed in the proper national
depository.
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The Vermont Heritage Network
The University of Vermont Historic Preservation Program
Wheeler House, University of Vermont
Burlington, VT 05405
(802)656-3180
http://www.uvm.edu/~vhnet
E-mail To: vhnet@zoo.uvm.edu