---
kind: "section"
citation: "36 C.F.R. § 79.3"
title: "36"
number: "79.3"
heading: "Applicability."
url: "https://uscodex.org/cfr/36/79.3"
---

# §79.3. Applicability.

- (a) Except as otherwise stated in this section, the regulations in this part apply to collections, as defined in [§ 79.4](/cfr/36/79.4.md) of this part, that are excavated or removed under the authority of the Antiquities Act ([54 U.S.C. 320301-320303](/usc/54/320301-320303.md)), the Reservoir Salvage Act ([54 U.S.C. 312501-312508](/usc/54/312501-312508.md)), section 110 of the National Historic Preservation Act ([54 U.S.C. 306101-306114](/usc/54/306101-306114.md)) or the Archaeological Resources Protection Act ([16 U.S.C. 470aa-mm](/usc/16/470aa-mm.md)). Such collections generally include those that are the result of a prehistoric or historic resource survey, excavation or other study conducted in connection with a Federal action, assistance, license, or permit. Such collections include those that are owned by the United States and for which a Federal agency has practical management authority, either directly or indirectly, as a result of that ownership; and those collections that are not owned by the United States but that are managed or controlled by a Federal agency pursuant to the laws cited in this [paragraph (a)](#a).
- (b) The regulations in this part apply to preexisting and new collections that meet the requirements of [paragraph (a)](#a) of this section. However, the regulations shall not be applied in a manner that would supersede or breach material terms and conditions in any contract, grant, license, permit, memorandum, or agreement entered into by or on behalf of a Federal agency prior to the effective date of this regulation.
- (c) Collections that are excavated or removed pursuant to the Antiquities Act ([16 U.S.C. 431-433](/usc/16/431-433.md)) remain subject to that Act, the Act's implementing rule ([43 CFR part 3](/cfr/43/part3.md)), and the terms and conditions of the pertinent Antiquities Act permit or other approval.
- (d) Collections that are excavated or removed pursuant to the Archaeological Resources Protection Act ([16 U.S.C. 470aa-mm](/usc/16/470aa-mm.md)) remain subject to that Act, the Act's implementing rules (43 CFR part [7](/cfr/43/part7.md), [36](/cfr/43/part36.md) CFR part [296](/cfr/36/part296.md), [18](/cfr/36/part18.md) CFR part [1312](/cfr/36/part1312.md), and [32](/cfr/36/part32.md) CFR [part 229](/cfr/36/part229.md)), and the terms and conditions of the pertinent Archaeological Resources Protection Act permit or other approval.
- (e) Any repository that is providing curatorial services for a collection subject to the regulations in this part must possess the capability to provide adequate long-term curatorial services, as set forth in [§ 79.9](/cfr/36/79.9.md) of this part, to safeguard and preserve the associated records and any material remains that are deposited in the repository.

## Notes

### Amendments

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 12, 1990, as amended at 87 FR 22457, Apr. 15, 2022]

### Authority

Authority: 16 U.S.C. 470aa-mm, 54 U.S.C. 300101 et seq.

### Source

Source: 55 FR 37630, Sept. 12, 1990, unless otherwise noted.

### Amendments

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 12, 1990, as amended at 87 FR 22457, Apr. 15, 2022]