Information for Applicants

This section of the Permits Chapter describes the application process for a Permit for Archeological Investigations (“Permit”) and the applicant’s responsibilities. The applicant is advised to read all of this section, as well as the Overview of this chapter, prior to preparing a Permit application.

A Permit is required for archeological investigation carried out on parklands by non-NPS personnel unless carried out under a supervised contract with NPS for archeological services or under a cooperative agreement. This includes independent researchers, institutions, and personnel from other Federal agencies. Permits are issued under the Archaeological Resources Protection Act of 1979 (ARPA) or the Antiquities Act of 1906 or both.

Permits are required for ground-disturbing investigations that remove artifacts, as well as investigations that do not involve ground disturbance or artifact collection. Examples of ground-disturbing investigations include excavation, shovel testing, trenching, coring, and pedestrian survey with artifact removal. Non-invasive examples of archeological investigations include remote sensing, terrestrial LiDAR documentation, photo-documentation, and underwater and terrestrial survey without artifact removal.

A Permit is a legal document that defines the scope and methodology of the permitted archeological work and specifies the conditions for suspending the project. Thus, a Permit can be, and is, used in court to establish elements of cultural resource laws violations, should they occur.

When individuals conduct archeological activities or otherwise disturb archeological resources on NPS lands without a valid Permit, they are in violation of ARPA (16 U.S.C. 470ee, ff, gg: Criminal Acts and Criminal Penalties), the Antiquities Act (54 USC 320301-320303: Monuments, Ruins, Sites, and Objects of Antiquity and 18 USC 1866(b)) and other statutes and regulations concerning Federal or federally-controlled property. They are subject to criminal and/or civil penalties, as well as forfeiture of personal property and looted artifacts.

Who Needs a Permit?

Permits are required for all archeological investigations that are not initiated by or under the control of the NPS that take place on fee-simple national parklands. For example, Permits are required for:

• independent archeological investigations, including field schools;

• archeological investigations to fulfill requirements for NHPA Section 106 compliance for projects initiated by other parties, such as commercial enterprises, or for undertakings initiated by the NPS but contracted to a second party, such as facilities construction; for archeological investigations initiated by other Federal agencies;

• Archeological investigations of sunken or terrestrial military craft that are under the jurisdiction of the NPS require a Permit. Multiple authorizations may be required for disturbance of a sunken military craft. The U.S. Navy has agreements to streamline permitting requirements. Applicants may approach either the U.S. Navy or the NPS to initiate a joint permitting process and receive further guidance.

What Activities Need a Permit?

All types of archeological investigations on parklands require NPS authorization in the form of a Permit. Such activities include ground-disturbing activities such as excavation, shovel testing, trenching, coring; underwater and terrestrial survey without artifact removal; underwater archeology; and non-ground-disturbing activities such as rock art documentation, remote sensing, metal detecting, photo-documentation, geophysical research, geospatial recording, and other non-invasive, non-ground disturbing, or non-collection research strategies. Any activity that has the potential for ground disturbance must also comply with NHPA Section 106.

Applying for a Permit

Permit applicants must contact the manager of the park unit where they propose to carry out the archeological investigations with a preliminary proposal to determine whether the project is appropriate, and to determine which permits they need. Compliance with National Historic Preservation Act (NHPA) Section 106, and/or the National Environmental Policy Act (NEPA), (specifically, an Environmental Assessment) is also required.

Park managers may direct the applicant to discuss the proposed work with the park archeologist or cultural resource manager, or other NPS archeologist. NPS will not grant a Permit for a larger area than the applicants can reasonably be expected to explore fully and systematically within the time period established in the Permit (16 U.S.C. 470cc). Permits may not exceed three years in duration; multi-year projects are reviewed annually (43 CFR 7.9(g)).

If the proposed area of study includes lands managed by other federal agencies, or state, local, or tribal lands that are managed by the NPS, additional permits from other entities may be necessary. It is the responsibility of the applicant to obtain in writing any required authorizations necessary to carry out archeological investigations on these lands, and to submit a copy of the authorizations with the project proposal to the NPS.

Archeological investigations of sunken or terrestrial military craft that are under the jurisdiction of the NPS require a Permit. Multiple authorizations may be required for investigations. Applicants may approach either the U.S. Navy or the NPS to initiate a joint permitting process and receive further guidance.

Applicants must prepare a curation plan for any archeological collections resulting from the proposed project. If the park does not have facilities for appropriate storage of archeological materials, alternate curatorial facilities must be approved by the park manager. The applicant will work closely with the curatorial staff to ensure that any collections resulting from the archeological investigations are entered in the NPS cataloging system, Museum Collections Management System, in a timely manner. Special conditions pertaining to curation of objects and associated records may be attached to the issued Permit.

Applicants' Permit Responsibilities

Applicants must take Permit requirements and conditions into account when planning the scope of work and budget of a proposed project. Applicants must ensure that:

• The investigator meets the Secretary of the Interior’s Professional Qualification Standards.

• The activity is undertaken for the purpose of furthering archeological knowledge in the public interest.

• The activity is consistent with park management plans.

• All necessary information and support for completion of required park compliance with Section 106 of NHPA, and preparation of an NEPA Environmental Assessment is supplied to the park manager.

• The applicant must agree to adhere to the standard conditions of the Permit and any special conditions specified by the park where the project is to take place and take these conditions into account when developing the project. Standard conditions include:

Fieldwork

• Investigations shall not take place outside of the project area boundaries as defined in the Permit.

• Investigators must obtain any additional permits needed to carry out investigations on state, tribal, or other Federal agency lands that are managed by the NPS.

• Investigators must use site forms of archival quality authorized by the NPS. Field records are kept on acid-free paper, with archival-appropriate writing implements. Digital photographic records contain appropriate metadata and an accurate field photograph log is maintained.

• Site locations and survey areas must be recorded in a GPS system and raw and differentially corrected GPS data, exported to a GIS format as either a shapefile or GeoDatabase, must be provided to the park. GIS data submitted must meet Federal Geographic Data Committee (FGDC) metadata standards, with an accompanying full data set level metadata statement.

• GIS data submitted must meet the NPS Cultural Resource Spatial Data Transfer Standards, with accompanying feature level metadata completed.

• Investigators must ensure the completion of any required state forms for recording archeological sites. It is the responsibility of the applicant to determine which forms are needed.

• Investigators must contribute information about park archeological sites to the Cultural Resources Information System (CRIS). This is the NPS standardized database for the inventory, registration, and management of park prehistoric and historic archeological sites.

• Investigators must restore lands to the park manager's satisfaction upon completion of work (43 CFR 3.11).

• Investigators must comply with Occupational Safety and Health Administration (OSHA) standards for excavation.

• Investigators who discover human remains must notify the park manager immediately, cease activity in the area of the discovery, and secure the area. Investigators must comply with park managers’ directives for further action pertaining to the discovery of the human remains.

• If, as part of an excavation or inadvertent discovery, Native American human remains or NAGPRA-related items are disinterred, scientific archeological methods, techniques, analyses, and reports are conducted as required by ARPA and Section 3 of NAGPRA.

Collections Management

• The archeological resources that are excavated or removed from park lands will remain the property of the NPS. The applicant must contact the appropriate NPS museum curator if destructive analysis is anticipated.

• Permission for destructive artifact analysis must be obtained from the park superintendent prior to conducting analysis.

• The applicant must fund accessioning and cataloging of collections resulting from the permitted activities, according to NPS standards.

• If the park manager and the investigator agree that the investigator will catalog the archeological materials that result from the project, investigators must use NPS forms and databases for cataloging and accessioning material remains.

• Material remains and original associated archeological records will be preserved in a suitable curatorial facility (Mandates and Standards for NPS Museum Collections, page A: 4), that is approved by the park manager.

• Custody of any Native American human remains or cultural items subject to the Native American Graves Protection and Repatriation Act (NAGPRA), (25 USC 3001-3013), removed from public lands or Indian lands, shall be determined in accordance with NAGPRA and NAGPRA regulations (43 CFR 10).

Reports and Products

• The investigator will submit a preliminary report within six weeks of completion of the fieldwork to the regional director or an NPS employee designated by the regional director.

• The investigator will submit three copies of the final report within six months of completion of the project to the NPS unless another schedule is in place. One copy is retained by the regional director; one copy is retained at the park where the project took place; and one copy is retained by the curatorial facility holding the material remains and associated records.

• Investigators will work with the park or other NPS archeologist to determine the best means to provide site records for CRIS.

• Investigators must comply with NPS policy on benefits-sharing.

Preparing a Permit Application

Applicants submit a Permit Application (DI Form 1926) to the manager of the park in which they propose to work; or to the regional director, with a copy to the park manager.
In general, an application requires the following information (43 CFR 7.6):

• Statement of Work: A description of the purpose, nature, and extent of the work proposed, including how and why it is proposed to be conducted (include research design, methods, curation, collection strategy, and reporting plan);

• Statement of Applicant’s Capabilities: Evidence of the ability to carry out the proposed scope of work; including detailed information about logistical support and laboratory facilities, with information about location(s) and description of facilities and equipment; organizational structure and staffing; and equipment and staff to be involved in the proposed work;

• Statement of Applicant’s Past Performance: Organizational history in completing the kind of work proposed, including similar past projects, government contracts, Federal permits (previously held, currently in force with effective dates, and currently pending or planned, by agency and region/state), reports and/or publications resulting from similar work, and any other pertinent organizational experience;

• Curriculum Vitae for Principal Investigator(s) and Project Director(s): A curriculum vitae or similar resume or summary of education, training, and experience in the kind of work proposed and in the role proposed;

• Other Authorization: Written consent by state or tribal authorities to undertake the activity on state or tribal lands that are managed by the NPS, if required by the state or tribe;

• Curation Authorization: A statement from the park or other NPS curatorial facility; curator attesting to the facility's willingness to accept any material remains and associated original records consisting of field notes, data, photographs, and other documents generated under the Permit; or

• If the park does not have facilities to curate a resulting archeological collection, written certification, signed by a properly authorized official of the proposed curatorial facility, attesting to the facility’s capability and willingness to accept any material remains and associated records generated under the Permit, and capacity and willingness to assume permanent curatorial responsibility for such materials on behalf of the Federal government pursuant to regulations for curation of federally-owned and administered archeological collections (36 CFR 79-Curation of Federally-Owned and Administered Archeological Collections);

• If the project is to take place on tribal lands that are managed by NPS and the Indian tribe or the Indian owner(s) do not wish to take custody of material remains and associated records that are generated by the project carried out under the Permit, written consent from the Indian tribe or the Indian owner to curate materials, pursuant to Bureau of Indian Affairs regulations pertaining to protection of archeological resources;

• Detailed Schedule of All Project Activities: including data entry (if requested by the park) and completion of final reports.

• Budget: A detailed budget that includes any lab and curatorial fees must be submitted.

• Additional information: A written plan of action that addresses intentional excavation or inadvertent discovery of Native American human remains must be developed before the project may begin. Regional directors or park managers may require applicants to prepare background information for consultation, and may request participation in consultation with tribal authorities. Background information to be provided will include:

• The planned treatment, care, and handling of human remains and other cultural items;

• Permission for any types of destructive analyses to be performed;

• The analyses planned for each kind of object;

• The nature of reports to be prepared.

• Additional guidance on planning an archeological project on Federal parklands can be found in the Secretary of the Interior’s Standards for Archeological Documentation.

Submitting a Permit Application

Applications for a Permit must be submitted at least 60 business days before field activities are proposed to begin. Send two copies of the complete proposal and all attachments to the office designated by the NPS regional director and a copy to the park manager. Regional office addresses are available from the NPS Public Affairs Office, 1849 C Street, NW, Room 7012, Washington, DC 20240, telephone [phone].

Review of Your Application

The decision to issue a Permit is made by the regional director for the national park in which the project is to be conducted. A Permit may be denied if the application does not meet Permit requirements (See 43 CFR 7.8).

Compliance with NHPA Section 106 and NEPA is needed. The park manager will consult with the appropriate tribal or state historic preservation officer about required compliance. The applicant may be requested to prepare background documentation about the project.

If necessary, the regional director notifies tribal leadership of affected Indian tribes of possible harm to, or destruction of, sites. Tribes have 30 days to respond to the notification (43 CFR 7.7). Depending on the response, further consultation may be required that may affect the timing and conditions of the issuance of the Permit. Regional directors and managers may require applicants to participate in consultations with tribal, state, or other authorities.

The regional director has 60 days to review a Permit application. If the application does not meet qualifications and standards for issuing a Permit, the regional director must deny the application for a Permit in writing. Depending on the nature of the denial, such as a conflict with other events in the park,or because of an incomplete application, the regional director may invite the applicant to submit a revised proposal. If the proposal conflicts with the park’s management plan, the regional director will not encourage the applicant to re-submit an application. The regional director must send copies of all letters for the applicant to the park manager.

Permit holders who have failed to meet the conditions of a previous Permit, such as failure to submit reports; failure to deliver archeological collections to repositories; or failure to deliver electronic data will not be issued additional Permits until the conditions of the previous Permit are met.

Receiving a Permit

If the application for a Permit is approved, the regional director sends a copy of the Permit to the applicant, and a copy of the Permit to the park manager. The Permit specifies the nature and condition of the work, based, in part, on the information submitted in the application. The investigator should check the Permit for accuracy. The Permit will include:

• A Plan for Discovery of Human Remains: A written plan of action is required in the event that there is an inadvertent discovery or intentional excavation of human remains. The park manager will provide a plan of action for plans for the inadvertent discovery or intentional excavation of American Indian human remains.

• A plan of action for discovery of UXOs, if appropriate;

• Additional terms and conditions as required by the park manager and regional director.

• The Permit will stipulate:

• Requirements for compliance with NHPA, NEPA, Sunken Military Craft Act (SMCA), or other Federal authorities, if needed.

• The number of reports or products of the project and the deadlines for submission of draft and final products (This includes CRIS records, or field data to create CRIS records, and MCMS records);

• Any terms and conditions requested by tribes and agreed to by the NPS;

• Any terms and conditions requested by the state historic preservation office and agreed to by the NPS, including submission of state site forms;

• Terms and conditions to protect public safety, or to limit work areas or activities to those consistent with legitimate land uses (such conditions may also be considered under other NPS permits);

• Requirements to restore lands to the satisfaction of the NPS park manager upon completion of the fieldwork.

Conducting Archeological Investigations on National Parklands

Archeological fieldwork on national parklands is conducted only in accordance with the terms and conditions set out in the Permit. Initiation of the fieldwork signifies the applicant’s acceptance of Permit conditions (43 CFR 7.9). The Permit is a binding contract; the Permit holder will not be released from this contract until all obligations are satisfied, even if the time period of the Permit has expired. The Permit should be kept secure. A copy must be kept on site and shown to NPS staff when requested.

Unexploded Ordnances

A number of national park units commemorate the Revolutionary War, the Civil War, the War of 1812, and other battlefields. Archeological investigations in these parks may encounter unexploded ordnances (UXOs). The discovery of a UXO is a health and safety issue and is handled by a protection ranger, not an archeologist. Any ordnance may be live and capable of detonation.

If the Permit holder conducts archeological investigation in a park in which a battle took place, and there is potential for encountering a UXO, the Permit holder is provided a copy of the plan of action to follow in advance of conducting fieldwork.

Should a Permit holder discover suspected live ordnance, the Permit holder will immediately notify the Supervisory Protection Ranger, or the person identified as acting in such capacity, and follow the procedures outlined in the plan of action. The Permit holder should clear an area at least 500 feet around the UXO and keep this area clear of people. The Permit holder will also notify the supervisory NPS archeologist. The permit holder and members of the archeological team should never handle the UXO, or subject it to heat, shock, jarring, or friction.

Newly Identified Archeological Sites

If new archeological sites are discovered, the Permit holder must gather appropriate data for inclusion in CRIS in order to create a complete, accurate, and reliable site record. The Permit holder must provide information for CRIS, including:

• Site Discovery date;

• Site type;

• Site Condition Assessment;

• Depositional Integrity Assessment ;

• Site Disturbance Severity Level;

• Threat and Disturbance Types and related information;

• Site Area;

• Locational information in GPS;

• General Time Period;

• and Cultural History.

The Permit holder must be familiar with each of the CRIS fields and the definitions for all values as provided in the most recent CRIS Data Dictionary. The Permit holder must use the site form provided by the NPS to document the pertinent information. The Permit holder must enter the data into CRIS if so required in the Permit conditions.

If known sites are visited, the Permit holder must gather appropriate data for updating the existing site record in CRIS in order to maintain its completeness, accuracy, and reliability. In particular, a reassessment of the site condition, depositional integrity, site disturbance severity level, and threat and disturbance types, and site area must be provided. Updated GPS coordinates must be provided.

If archeological materials are to be removed from the park at the completion of the fieldwork phase of the project, the Permit holder must obtain a loan agreement receipt for property from the park curator (or designee) acknowledging possession of federally-owned or administered property that must be returned to the park or to the curatorial facility after the analysis and report are complete.

Discovery of Human Remains

Prior to fieldwork, the Permit holder confers with park personnel to request the park’s standard plan of action for discovery and removal of human remains. Any time that human remains are discovered, either during excavation or survey, the Permit holder ceases all work, secures the area, and immediately notifies the park manager of the discovery. Work stoppage is specific to the area where the human remains are encountered. No further actions are permitted until park personnel determine the cultural affiliation of the deceased and give permission to proceed with investigations.

If American Indian human remains or NAGPRA-related items are disinterred, after consultation with the appropriate American Indian tribes, scientific archeological methods, techniques, analyses, and reports may be conducted as permitted by ARPA and Section 3 of NAGPRA.

If the human remains are determined to be non-American Indian, NAGPRA does not apply. In that case, the park manager will confer with law enforcement officials, the county or state coroner, and/or the medical examiner to determine whether a crime has taken place and the appropriate course of action. If the human remains are determined to be of archeological interest, scientific archeological methods, techniques, analyses, and reports are conducted.

Other NPS Permits that May Be Needed

After a Permit to conduct archeological investigations is issued, the park manager may require additional permits before fieldwork may begin. The applicant should check with the park manager for guidance on other permits that may be needed. Examples of additional permits that may be required include:

• Permits to enter restricted areas, such as backcountry or designated wilderness.

• A Scientific Research and Collecting Permit, if the archeological work involves sampling of natural resources not directly associated with an archeological site. Some parks may require a Scientific Research and Collecting Permit when the proposed archeological investigation involves the collection of cultural resources, natural resources, or both.

• Activities associated with archeological fieldwork that have the potential to impact the park environment, such as dry-screening or water-screening, or establishing a field camp. A Special Use Permit may also be needed for project-related activities such as water-screening of archeological samples.

NPS Inspections

NPS archeologists conduct field and laboratory inspections to verify that the project is in compliance with stipulations of the Permit. Laboratory inspection includes verification that all of the NPS standards for collections management outlined in Curation of Federally-Owned and Administered Archaeological Collections (36 CFR Part 79), and the NPS Museum Handbook and other NPS region-specific guidelines are met to ensure proper management and security of the collection.

Preparing Reports and Products

The regional director and park manager are responsible for approving all deliverables for conformance with the Permit terms and conditions. Typically, the technical review is carried out by NPS archeologists and other experts, who review reports for clarity, proof of fulfillment of the conditions of the Permit, completion of any regulatory requirements, and results, and who make recommendations to the regional director about accepting the report. Reports should be a clean, edited document, and must be consistent with the Secretary of the Interior’s Standards for Archeological Documentation.

Project results must be communicated in reports that summarize the objectives, methods, techniques, and results. Information relating to curation, such as any on-site conservation of items, Museum Collections Management System (MCMS) catalog records, name of the curatorial repository, and collection accession numbers should also be included in the final report in order that additional detailed information can be obtained, if necessary. Information about specific site locations and other site information that would endanger the integrity of the archeological resource if generally available should be reported in a manner that allows the park manager to withhold that information.

Permit holders must consult the park manager regarding any request from an outside party for potentially protected information before releasing it, whether pursuant to a FOIA request or oral or written request.

Any comments or requests for revision will be communicated to the Permit holder in writing and in a timely manner. Upon completion of the project and after all reports and products, such as field forms, CRIS site records, or the field data to create CRIS site records, have been submitted and accepted, the regional director sends a letter to the applicant and park manager stating that the conditions of the Permit have been met.

Reports cannot be copyrighted. Information collected during the research project may be used by Permit holders in other publications that can be copyrighted. However, the Permit holder must not publish, without the prior permission of the regional director, any locational or other identifying archeological site information that could compromise the government's protection and management of archeological sites. Publication without permission can result in criminal charges under ARPA.

Preparation of a Preliminary Report

Within six weeks of completion of the field component of the project, the Permit holder must submit a preliminary report to the regional director and the park manager. The report should describe the fieldwork, including accomplishments, methods used to accomplish the work, names of individuals that carried out the fieldwork, maps, GPS data, CRIS data, and any professional recommendations.

When a fieldwork episode involved only minor work and/or minor findings, a final report may be submitted in place of the preliminary report.

Preparation of an Annual Report

In the event that the Permit extends for more than one year, the NPS requires an annual progress report by the Permit holder. The annual report is submitted to the park manager and the regional director. The report must detail the extent of work accomplished to date, and how much work remains to be carried out. The Permit will be reviewed on a yearly basis following the submission of the annual report to ensure that the project is meeting deadlines and goals (43 CFR 7.9(g)).

Preparation of the Final Report

Standard permit conditions require that, within six months of completion of the field component of the project, the Permit holder must submit a final report for review by the regional director and the park manager. The applicant is advised to submit a draft report ahead of time, and allow time for revisions based on reviews by NPS personnel. If analysis is expected to take longer than six months, the regional director may authorize an extension for submission of the final report.

The final report must be consistent with information in field notes, photographs, and other materials (see the Secretary of the Interior’s Standards for Archeological Documentation for additional guidance) and include:

• Description of the study area;

• Relevant historical documentation/background research;

• Research design;

• Field studies as actually implemented, including any deviation from the research design and the reason for the changes;

• Field observations, including the number of new sites that are discovered and identified sites that are revisited;

• Analyses and results, illustrated as appropriate with tables, charts, photographs, and graphs;

• Evaluation of the investigation in terms of the goals and objectives of the investigation;

• Recommendations for updating interpretive and management materials;

• Recommendations for ongoing or proposed treatment activities, such as structural documentation, stabilization, etc.;

• Name and location of facility curating material remains and associated records; and

• Accession numbers.

• If the actual methods differed from those proposed, the reasons for these differences should be included in the report.

Artifact and Document Storage

Artifacts and records from the archeological investigations on federally-owned parklands are the property of the United States (43 CFR 7.8). Material remains and associated records must be delivered to the appropriate official of the institution responsible for curation no later than 90 days after the final report is submitted to the regional director (43 CFR 7.8.7).

Amendment and Extension of Permits

Any significant change in the project after the issuance of the Permit, such as a change in the scope of the investigation, replacement of the Principal Investigator, or change in the curatorial facility, requires an amendment to the Permit. The Permit holder is responsible for notifying the NPS regional director in writing of changes and for requesting amendments to the Permit before any additional action is taken. The Permit holder risks suspension or revocation of the original Permit as well as permission to carry out the project if the regional director is not notified of changes and a Permit amendment is not issued.

When the terms of the fieldwork component of the Permit have been met and the Permit holder requests an extension of time, the Permit may be extended for proper cause. The request for an extension must be submitted to the NPS regional director in writing and must include a detailed explanation for the failure to complete the project in the time allotted by the Permit. The regional director reviews the request. If an extension is approved, the regional director will issue an amended Permit with revised dates for project completion.

Enforcement, Suspension, and Revocation of Permits

NPS regional directors are responsible for enforcing Permits and have the authority to suspend or terminate a Permit (for enforcement of Permits issued under ARPA, see 43 CFR 7.10, Suspension and Revocation of Permits). Regional directors rely on information provided to them by park managers and park staff, who have responsibility for monitoring cultural resource activities on parklands.

In the event of a suspension or revocation of a Permit, the regional director sends a notice to the Permit holder, stating the nature of and reason for suspension or revocation.

A Permit may be suspended by the regional director for the any of the following reasons:

• The NPS finds that the Permit holder failed to meet any of the terms and conditions of the Permit or has violated any of its prohibitions.

• Continuation of the permitted work conflicts with decisions regarding park management that were not in effect when the Permit was issued.

• The project may continue when the terms of the Permit have been met or when the conflict has been resolved.

A Permit may be revoked by the regional director for any of the following reasons:

• The Permit holder is convicted of a civil or criminal infraction under Section 6 of ARPA or assessed a civil penalty under Section 7 of ARPA (16 U.S.C.470ee).

• The Permit holder fails to correct the situation for which a Permit was suspended.

• Continuation of the permitted work conflicts with decisions regarding park management that were not in effect when the Permit was issued.

Appeals, Reviews, and Disputes

Any affected person may request a review by the Department of the Interior Departmental Consulting Archeologist (DCA) of any professional issues involved in a bureau permitting decision, such as professional qualifications, research design, or other professional archeological matters. The DCA makes a final professional recommendation to the Director of the NPS to consider in making a final decision about the adjudication of the matter (43 CFR 7.36).

Any affected person, an applicant or Permit holder, may appeal a denial, modification, suspension, revocation, or the inclusion of specific terms and conditions of a Permit to the regional director. The disputant may appeal a regional director’s appeal decision to the Director of the NPS. (Further guidance on appeals and disputes may be found at 43 CFR 7.11 & 7.36 (a)-(c).)

The regional director’s decision shall stand during the appeals process. The NPS Director’s decision is the final administrative decision on appeal.