[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29328]


[[Page Unknown]]

[Federal Register: November 29, 1994]


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Part X





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 261




Preservation of Antiquities; Proposed Rules
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 261

RIN 1076-AD10

 
Preservation of Antiquities

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to delete 
regulations contained in 25 Code of Federal Regulations (CFR) Part 261, 
which provide Bureau-specific procedures for the issuance and 
administration of archaeological permits under the Antiquities Act of 
1906. These regulations have been superseded by regulations in 25 CFR 
Part 262, which cover BIA issuance and administration of such permits 
under the more comprehensive, Archaeological Resources Protection Act 
of 1979.

DATES: Comments must be received on or before January 30, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to the 
Environmental Services Staff, Bureau of Indian Affairs, Mail Stop 4525, 
1849 C Street, N.W., Washington, D.C., 20240.

FOR FURTHER INFORMATION CONTACT: Donald R. Sutherland on (202) 208-
4791.

SUPPLEMENTARY INFORMATION: The part proposed for deletion is merely a 
Bureau-specific parallel to uniform regulations in 43 CFR Part 3, which 
set procedures for the issuance and administration of permits under the 
Antiquities Act of 1906 (16 U.S.C. 432). For example, the ``field 
officer in charge'' under 43 CFR Part 3 becomes the ``Superintendent'' 
in 25 CFR Part 261, and permits in Part 261 are issued by the 
``Departmental Consulting Archaeologist'' instead of the ``the 
Secretary having jurisdiction.''
    Most of the permitting once done under the Antiquities Act is now 
done under the Archaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa-470mm). The only use for a permit under the older act is 
for the excavation of archaeological sites that are less than 100 years 
old. These are not covered under the more recent act. On those rare 
occasions, the Bureau can follow the regulations in 43 CFR Part 3.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule to the location identified in the 
addresses section of this document.
    The Department of the Interior has determined that this proposed 
rule does not constitute a major federal action significantly affecting 
the quality of the human environment and that no detailed statement is 
required pursuant to the National Environmental Policy Act of 1969.
    The Department of the Interior has determined that this rule is not 
a significant regulatory action under Executive Order 12866, and 
therefore will not require the approval of the Office of Management and 
Budget.
    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).
    In accordance with E.O. 12630, the Department has determined that 
this rule does not have significant takings implications.
    The Department has determined that this rule does not have 
significant federalism effects. There are no information collection 
requirements in 25 CFR Part 261.
    The primary author of this document is Donald R. Sutherland, 
Archaeologist, Environmental Services Staff, Office of Trust 
Responsibilities, Bureau of Indian Affairs.

List of Subjects

    Historic preservation, Indians--lands.

    For the reasons set out in the preamble, Part 261 of Title 25, 
Chapter I of the Code of Federal Regulations is proposed to be removed.

    Dated: November 10, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-29328 Filed 11-28-94; 8:45 am]
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