43 CFR 7.5 - Permit requirements and exceptions.

§ 7.5 Permit requirements and exceptions.
(a) Any person proposing to excavate and/or remove archaeological resources from public lands or Indian lands, and to carry out activities associated with such excavation and/or removal, shall apply to the Federal land manager for a permit for the proposed work, and shall not begin the proposed work until a permit has been issued. The Federal land manager may issue a permit to any qualified person, subject to appropriate terms and conditions, provided that the person applying for a permit meets conditions in § 7.8(a) of this part.
(b) Exceptions:
(1) No permit shall be required under this part for any person conducting activities on the public lands under other permits, leases, licenses, or entitlements for use, when those activities are exclusively for purposes other than the excavation and/or removal of archaeological resources, even though those activities might incidentally result in the disturbance of archaeological resources. General earth-moving excavation conducted under a permit or other authorization shall not be construed to mean excavation and/or removal as used in this part. This exception does not, however, affect the Federal land manager's responsibility to comply with other authorities which protect archaeological resources prior to approving permits, leases, licenses, or entitlements for use; any excavation and/or removal of archaeological resources required for compliance with those authorities shall be conducted in accordance with the permit requirements of this part.
(2) No permit shall be required under this part for any person collecting for private purposes any rock, coin, bullet, or mineral which is not an archaeological resource as defined in this part, provided that such collecting does not result in disturbance of any archaelogical resource.
(3) No permit shall be required under this part or under section 3 of the Act of June 8, 1906 (16 U.S.C. 432), for the excavation or removal by any Indian tribe or member thereof of any archaeological resource located on Indian lands of such Indian tribe, except that in the absence of tribal law regulating the excavation or removal or archaeological resources on Indian lands, an individual tribal member shall be required to obtain a permit under this part;
(4) No permit shall be required under this part for any person to carry out any archaeological activity authorized by a permit issued under section 3 of the Act of June 8, 1906 (16 U.S.C. 432), before the enactment of the Archaeological Resources Protection Act of 1979. Such permit shall remain in effect according to its terms and conditions until expiration.
(5) No permit shall be required under section 3 of the Act of June 8, 1906 (16 U.S.C. 432) for any archaeological work for which a permit is issued under this part.
(c) Persons carrying out official agency duties under the Federal land manager's direction, associated with the management of archaeological resources, need not follow the permit application procedures of § 7.6. However, the Federal land manager shall insure that provisions of §§ 7.8 and 7.9 have been met by other documented means, and that any official duties which might result in harm to or destruction of any Indian tribal religious or cultural site, as determined by the Federal land manager, have been the subject of consideration under § 7.7.
(d) Upon the written request of the Governor of any State, on behalf of the State or its educational institutions, the Federal land manager shall issue a permit, subject to the provisions of §§ 7.5(b)(5), 7.7, 7.8(a) (3), (4), (5), (6), and (7), 7.9, 7.10, 7.12, and 7.13(a) to such Governor or to such designee as the Governor deems qualified to carry out the intent of the Act, for purposes of conducting archaeological research, excavating and/or removing archaeological resources, and safeguarding and preserving any materials and data collected in a university, museum, or other scientific or educational institution approved by the Federal land manager.
(e) Under other statutory, regulatory, or administrative authorities governing the use of public lands and Indian lands, authorizations may be required for activities which do not require a permit under this part. Any person wishing to conduct on public lands or Indian lands any activities related to but believed to fall outside the scope of this part should consult with the Federal land manager, for the purpose of determining whether any authorization is required, prior to beginning such activities.

Title 43 published on 2014-10-01

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.

United States Code
U.S. Code: Title 16 - CONSERVATION

§ 432 - Permits to examine ruins, excavations, and gathering of objects; regulations

§ 433 - American antiquities

§ 469 - Preservation of historical and archeological data threatened by dam construction or alterations of terrain

§ 470a - Historic preservation program

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 470b - Requirements for awarding of grant funds

16 U.S. Code § 460b, 460c - Repealed.

§ 470c - Apportionment of grant funds

§ 470d - Loan insurance program for preservation of property included on National Register

§ 470e - Recordkeeping; recipients of assistance; audit

§ 470f - Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation

§ 470g - White House, United States Supreme Court building, and United States Capitol not included in program for preservation of historical properties

§ 470h - Historic Preservation Fund; establishment; appropriations; source of revenue

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 470i - Advisory Council on Historic Preservation

§ 470j - Functions of Council; annual report to President and Congress; recommendations

§ 470k - Cooperation between Council and instrumentalities of executive branch of Federal Government

16 U.S. Code § -

§ 470m - Administration

§ 470n - International Centre for Study of Preservation and Restoration of Cultural Property

16 U.S. Code § -

§ 470p - Rights, benefits, and privileges of transferred employees

§ 470q - Operations of Council; exemption

§ 470r - Transmittal of legislative recommendations, or testimony, or comments, to any officer or agency of the United States prior to submission thereof to Congress; prohibition

§ 470s - Rules and regulations; participation by local governments

§ 470t - Budget; authorization of appropriations

§ 470aa - Congressional findings and declaration of purpose

§ 470bb - Definitions

§ 470cc - Excavation and removal

§ 470dd - Custody of archaeological resources

§ 470ee - Prohibited acts and criminal penalties

§ 470ff - Civil penalties

§ 470gg - Enforcement

§ 470hh - Confidentiality of information concerning nature and location of archaeological resources

§ 470ii - Rules and regulations; intergovernmental coordination

§ 470jj - Cooperation with private individuals

§ 470kk - Savings provisions

16 U.S. Code § -

§ 470mm - Surveying of lands; reporting of violations