Who owns the artifacts recovered from private land?
Artifacts recovered from private lands during archaeological survey and excavation during the course of Section 106 review are usually the property of the landowner, unless state or local law mandates otherwise. (Human remains are generally covered under specific laws.)
The issue of concern to many archaeologists, SHPOs, Indian tribes, and Native Hawaiian organizations is not always that of strict ownership but that of what happens to the artifacts. There may be tax incentives to donate artifacts to qualified institutions. The relevant SHPO should be contacted for up-to-date information on ownership laws and preservation incentives within a particular state.
Federal agencies should reach agreement with the private landowner on the disposition of any artifacts extracted from his/her land prior to commencing work on the land.
(A related question that will be addressed in this guidance deals with federal agency responsibilities regarding the management of archaeological documentation produced as a result of Section 106 archaeology.) (added 2/5/08)