[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Rules and Regulations]
[Page 32896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15406]




[[Page 32895]]

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Part VI





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 261



Preservation of Antiquities; Final Rule

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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: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is deleting from the Code 
of Federal Regulations those regulations that 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superseded by regulations which cover BIA issuance and administration 
of such permits under the more comprehensive, Archaeological Resources 
Protection Act of 1979.

EFFECTIVE DATE: July 24, 1995.

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

SUPPLEMENTARY INFORMATION: This rule deletion is 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'' in 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.
    No comments were received on the Proposed Rule, which was published 
November 29, 1994, in the Federal Register.
    The Department of the Interior has determined that this 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.), as it removes obsolete federal procedures 
that, in turn, pertain solely to the issuance and administration of 
permits for archeological research.
    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 in 25 CFR Part 261

    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 removed.

    Dated: June 6, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-15406 Filed 6-22-95; 8:45 am]
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