Code of Federal Regulations
Title 43 — Pubic LAnds: Interior
Subtitle A — Office of the Secretary of the Interior
Part 3 — Preservation 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
(a) By the Secretary
of Agriculture over lands within the exterior limits of
(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
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
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
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.