36 CFR 79.2 - Authority.
§ 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. 470
a) 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. 470
h -2), the Reservoir Salvage Act (16 U.S.C. 469-469
c) and the Archaeological Resources Protection Act (16 U.S.C. 470
aa-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. 470
dd) 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. 470
aa-mm ), the Antiquities Act (16 U.S.C. 431-433) or the Reservoir Salvage Act (16 U.S.C. 469-469
c ).
(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]
Title 36 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
