CODE OF FEDERAL REGULATIONS
TITLE 43PUBLIC LANDS: INTERIOR
SUBTITLE A-OFFICE OF THE SECRETARY OF THE INTERIOR
PART 3PRESERVATION OF AMERICAN ANTIQUITIES
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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.