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eCFR — Code of Federal Regulations

ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of June 18, 2014
Title 43: Public Lands: Interior
PART 3—PRESERVATION OF AMERICAN ANTIQUITIES
Contents
§3.1 Jurisdiction.
§3.2 Limitation on permits granted.
§3.3 Permits; to whom granted.
§3.4 No exclusive permits granted.
§3.5 Application.
§3.6 Time limit of permits granted.
§3.7 Permit to become void.
§3.8 Applications referred for recommendation.
§3.9 Form and reference of permit.
§3.10 Reports.
§3.11 Restoration of lands.
§3.12 Termination.
§3.13 Report of field officer.
§3.14 Examinations by field officer.
§3.15 Persons who may apprehend or cause to be arrested.
§3.16 Seizure.
§3.17 Preservation of collection.
AUTHORITY : Secs. 3, 4, 34 Stat. 225, as amended; 16 U.S.C. 432.
SOURCE: 19 FR 8838, Dec. 23, 1954, unless otherwise noted.

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§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. 431-433), as may be located on lands near or adjacent to
forest reserves and military reservations, respectively.
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§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.
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§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.
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§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.
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§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.
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§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.
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§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.
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§3.8 Applications referred for recommendation.
Applications for permits shall be referred to the Smithsonian Institution for recommendation.
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§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 permitee will be furnished with a copy of the
regulations in this part.
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§3.10 Reports.
At the close of each season's field work the permitee 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.
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§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.
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§3.12 Termination.
All permits shall be terminable at the discretion of the Secretary having jurisdiction.
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§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.
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§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.
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§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.
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§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.
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§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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