Proposed regulations establishing uniform procedures for federal land managers to protect and conserve archeological resources on public and Indian lands have been published in the Federal Register of January 19, 1981.
The proposed regulations would implement the Archaeological Resources Protection Act (P. L. 96-95) which was signed by President Carter on October 31, 1979.
The Archaeological Resources Protection Act has two major purposes:
- To protect irreplaceable archeological resources on public and Indian lands which are subject to loss or destruction by persons who excavate, remove, damage, alter or deface them for commercial or personal reasons; and
- To increase communication and exchange of information among government authorities, the professional archeological community, Native Americans, collectors, and the general public toward the goal of protecting and conserving archeological resources nationwide.
Three major issues are covered in the regulations:
- Archeological resources are defined as material remains of human life or activities at least 100 years old of archeological interest. As authorized by Congress, the regulations expand the Act's definition of "archaeological resource" to clarify it.
- Permits will be issued by federal land managers for the excavation or removal of archeological resources. Excavation and removal must be done in the public interest by qualified persons. Archeological resources located on public, non-Indian lands are the corporate property of the nation, held in trust by the federal government. Archeological resources located on Indian lands remain the property of the Indian tribe or Indian individual having rights of ownership over those lands.
- Persons who receive permits to excavate archeological resources must guarantee that the resource and associated scientific data removed from public or Indian lands receive adequate care and are maintained for the benefit of public and scientific study. A permit for the excavation or removal of logical resources on Indian lands may be issued only after consent from appropriate tribal authority or Indian landowner with direct legal jurisdiction over the lands proposed to be excavated.
Prior to issuing a permit for the excavation or removal of archeological resources located on public, non-Indian lands, the federal land manager is responsible for advising and considering comments from Indian tribal authorities r Indian groups which may have an interest in the resources for cultural or religious purposes. Federal land managers may suspend, revoke, or terminate any permit.
Criminal penalties for violations of the Act can range from a fine of not more than $10,000 and/or imprisonment of not more than one year to a fine of $100.000 and five years in jail.
Public hearings will be held to permit public comment on the regulations.
The schedule of hearings and agency hosts are:
