36 CFR 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. 470a) 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. 470h-2), the Reservoir Salvage Act ( 16 U.S.C. 469-469 469-469c) and the Archaeological Resources Protection Act ( 16 U.S.C. 470aa-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. 470dd) 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. 470aa-mm), the Antiquities Act ( 16 U.S.C. 431- 433 431-433) or the Reservoir Salvage Act ( 16 U.S.C. 469-469 469-469c).
(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.