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The destructive methods used in the commercial exploitation of the notable ruins within the area now embraced in Mesa Verde National Park as well as at Pueblo Bonito, now included in the Chaco Canyon National Monument, were the prime motives that fathered the passing of the act for the preservation of American antiquities on June 8, 1906. Twenty-one days later Mesa Verde National Park, primarily concerned with the preservation and protection of archæ ological remains, was created.

Methods followed in handling all visitors through the major ruins of this area under informative ranger guidance, together with the informal evening camp-fire talks, have presented opportunities for important educational service in developing an appreciation of the archæological remains on the public domain and their importance to science. The National Park Service of the department has accomplished outstanding public educational work in the protection and preservation of the national park and national monument areasand the features therein.

APPENDIX

[PUBLIC-No. 209]

An act for the preservation of American antiquities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the department of the Government having jurisdiction over the lands on which said antiquities are situated, shall upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court.

SEC. 2. That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.

SEC. 3. That permits for the examination of ruins, the excavation of archæological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examina tions, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums. SEC. 4. That the Secretaries of the departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this act.

Approved, June 8, 1906 (34 Stat. L. 225).

UNIFORM RULES AND REGULATIONS

PRESCRIBED BY THE SECRETARIES OF THE INTERIOR, AGRICULTURE. AND WAR TO CARRY OUT THE PROVISIONS OF THE "ACT FOR THE PRESERVATION OF AMERICAN ANTIQUITIES," APPROVED JUNE 8, 1906 (34 STAT. L. 225)

1. Jurisdiction over ruins, archeological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks, and other objects of historic or scientific interest, shall be exercised under the act by the respective departments as follows:

By the Secretary of Agriculture over lands within the exterior limits of forest reserves, by the Secretary of War over lands within the exterior limits of military reservations, by the Secretary of the Interior over all other lands owned or controlled by the Government of the United States, provided the Secretaries of War and Agriculture may by agreement cooperate with the Secretary of the Interior in the supervision of such monuments and objects

covered by the act of June 8, 1906, as may be located on lands near or adjacent to forest reserves and military reservations, respectively.

2. No permit for the removal of any ancient monument or structure which can be permanently preserved under the control of the United States in situ, and remain an object of interest, shall be granted.

3. Permits for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity will be granted, by the respective Secretaries having jurisdiction, to reputable museums, universities, colleges, or other recognized scientific or educational institutions, or to their duly authorized agents.

4. No exclusive permits shall be granted for a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit named in the permit.

5. Each application for a permit should be filed with the Secretary having jurisdiction, and must be accompanied by a definite outline of the proposed work, indicating the name of the institution making the request, the date proposed for beginning the field work, the length of time proposed to be devoted to it, and the person who will have immediate charge of the work. The application must also contain an exact statement of the character of the work, whether examination, excavation, or gathering, and the public museum in which the collections made under the permit are to be permanently preserved. The application must be accompanied by a sketch plan or description of the particular site or area to be examined, excavated, or searched, so definite that it can be located on the map with reasonable accuracy.

6. No permit will be granted for a period of more than three years, but if the work has been diligently prosecuted under the permit, the time may be extended for proper cause upon application.

7. Failure to begin work under a permit within six months after it is granted, or failure to diligently prosecute such work after it has been begun, shall make the permit void without any order or proceeding by the Secretary having jurisdiction.

8. Applications for permits shall be referred to the Smithsonian Institution for recommendation.

9. Every permit shall be in writing and copies shall be transmitted to the Smithsonian Institution and the field officer in charge of the land involved. The permittee will be furnished with a copy of these rules and regulations.

10. At the close of each season's field work the permittee shall report in duplicate to the Smithsonian Institution, in such form as its secretary may prescribe, and shall prepare in duplicate a catalogue of the collections and of the photographs made during the season, indicating therein such material, if any, as may be available for exchange.

11. Institutions and persons receiving permits for excavation shall, after the completion of the work, restore the lands upon which they have worked to their customary condition, to the satisfaction of the field officer in charge.

12. All permits shall be terminable at the discretion of the Secretary having jurisdiction.

13. The field officer in charge of land owned or controlled by the Government of the United States shall, from time to time, inquire and report as to the existence, on or near such lands, of ruins and archaeological sites, historic or prehistoric ruins or monuments, objects of antiquity, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.

14. The field officer in charge may at all times examine the permit of any person or institution claiming privileges granted in accordance with the act and these rules and regulations, and may fully examine all work done under such permit.

15. All persons duly authorized by the Secretaries of Agriculture, War, and Interior may apprehend or cause to be arrested, as provided in the act of February 6, 1905 (33 Stat. L. 700), any person or persons who appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity on lands under the supervision of the Secretaries of Agriculture, War, and Interior, respectively.

16. Any object of antiquity taken, or collection made, on lands owned or controlled by the United States, without a permit, as prescribed by the act and these rules and regulations, or there taken or made, contrary to the terms of the permit, or contrary to the act and these rules and regulations, may be seized wherever found and at any time, by the proper field officer or by any person duly authorized by the Secretary having jurisdiction, and disposed of

as the Secretary shall determine, by deposit in the proper national depository or otherwise.

17. Every collection made under the authority of the act and of these rules and regulations shall be preserved in the public museum designated in the permit and shall be accessible to the public. No such collection shall be removed from such public museum without the written authority of the Secretary of the Smithsonian Institution, and then only to another public museum, where it shall be accessible to the public; and when any public museum, which is a depository of any collection made under the provisions of the act and these rules and regulations, shall cease to exist, every such collection in such public museum shall thereupon revert to the national collections and be placed in the proper national depository.

WASHINGTON, D. C., December 28, 1906.

The foregoing rules and regulations are hereby approved in triplicate and, under authority conferred by law on the Secretaries of the Interior, Agriculture, and War, are hereby made and established, to take effect immediately.

E. A. HITCHCOCK, Secretary of the Interior.

JAMES WILSON,

Secretary of Agriculture.
WM. H. TAFT,

Secretary of War.

DEPARTMENT OF THE INTERIOR,

The SECRETARY OF THE INTERIOR.

OFFICE OF THE SOLICITOR, Washington, November 26, 1928

MY DEAR MR. SECRETARY: My opinion has been requested in respect to the question whether the recent act of April 10, 1928 (45 Stat. 413), providing for cooperative ethnological research by the Smithsonian Institution with State, educational, and scientific organizations, will interfere with administration by this department of the act of June 8, 1906 (34 Stat. 225), for the preservation of American antiquities, and if so, in what respect it will be affected.

The said recent act is essentially consistent with the said prior law and may be regarded as a supplemental provision in furtherance thereof. In substance, it authorizes the Smithsonian Institution to cooperate with States and institutions for continuing ethnological researches among the American Indians and the excavation and preservation of archæological remains for the same general purpose indicated by the prior act. It further authorizes an appropriation to be made in the amount of $20,000 for that purpose, and permits the Smithsonian Institution to expend an amount from that sum equal to that contributed by the State, educational institution, or scientific organization, not to exceed, however, $2,000 in any one State during any calendar year. The appropriation was actually made by the act of May 29, 1928 (45 Stat. 883, 889). The last proviso to the recent act directs that where such cooperative work involves lands under the jurisdiction of the Bureau of Indian Affairs or the National Park Service, such work thereon shall be under such regulations and conditions as the Secretary of the Interior may provide. That is in harmony with the prior law, which provides that permits involving lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War. Interdepartmental regulations under that act were approved December 28, 1906, and they appear to be adequate for guidance in respect to operations under the recent act. If, however, special regulations or conditions shall be found necessary in particular cases, that may be attended to as the occasions arise. It is recommended that the Smithsonian Institution be advised to this effect.

Very truly yours

Approved: November 26, 1928.

JOHN H. EDWARDS,

Assistant Secretary.

E. O. PATTERSON, Solicitor.

DEPARTMENT OF JUSTICE

WASHINGTON

JULY 30, 1927.

SIR Receipt is acknowledged of your letter of May 19, 1927, in which you request the opinion of the Attorney General upon the question whether a law recently enacted by the State of Arizona, entitled "An act to prevent further despoliation of the prehistoric sections of Arizona, providing regulations under which the exploration and recovery of prehistoric material may be prosecuted and providing a penalty for any violation of the provisions of this act," modifies or supersedes the act of Congress approved June 8, 1906 (34 Stat. 225), entitled "An act for the preservation of American antiquities," and the rules and regulations thereunder promulgated by the Secretary of the Interior, in so far as such act, rules, and regulations refer to public lands of the United States.

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The material parts of the Arizona law are as follows:

"SECTION 1. Any person, persons, corporation or institution making investigations, explorations, or excavations in or on the prehistoric ruins of Arizona, either on Federal, State, or private lands, shall donate to the State 50 per cent of all articles, implements, and material found or discovered by such investigation, exploration, or excavation, which shall be deposited with some public museum in the State of Arizona, to become the property of the State of Arizona, for the uses, benefits, and purposes of the people of the State, to be forever open to the public free of charge, for study and investigation. Before any exploration or excavation in or on any prehistoric ruins or archaeological working in Arizona shall be undertaken, a permit shall first be obtained from the archaeological branch of the University of Arizona and from the board of supervisors of the county wherein the same is to be undertaken.

"SEC. 2. Any person, persons, corporation, or institution violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by forfeiting to the State all articles and material that may have been discovered by or through their efforts, and by a fine of not to exceed $500 or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment."

It will be noted that the statute is broad enough to include within its operation prehistoric ruins on land forming part of the public domain of the United States, as well as on land belonging to the State, or private individuals. Its preamble declares that for many years the State has been robbed of its treasure of antiquity by "individuals and scientists alike, for commercial purposes"; that "numerous institutions are being granted permission to excavate the ruins of the State and remove the priceless articles obtained from these ruins to other States and other lands, thus depriving the people of Arizona for all time of that which is justly theirs."

By the act of June 8, 1906 (34 Stat. 225), Congress enacted legislation relating to the protection and preservation of historic or prehistoric ruins or monuments, or any object of antiquity, situated on lands owned or controlled by the Government of the United States and providing penalties for a violation thereof. By section 2 of said act the President is given authority "in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected," etc.

Section 3 makes provision for permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions to be granted by the Secretaries of the Interior, Agriculture, and War, to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: “Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions. with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums."

Section 4 directs the Secretaries of the departments mentioned to make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this act.

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