Okla. Stat. tit. 53, § 53-361

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A. Any person, or persons, making any investigations,

explorations, or excavations of any prehistoric ruins, ancient

burial grounds, pictographs, petroglyphs, prehistoric specimens,

utensils, and trinkets, and all other archaeological features

discoveries in the state on state lands, shall donate to the state

all articles, implements and material found or discovered by such

investigations, explorations, or excavations, which shall be

deposited with a museum or other recognized repository in the state,

within ninety (90) days after the permit termination date, as

provided in subsection F of this section.

B. 1. The State Archaeologist, in consultation with the State

Historic Preservation Officer, shall study and evaluate the museums

and institutions in this state and designate appropriate curatorial

facilities. The characteristics of museums and institutions to be

considered in making this determination shall include:

a. the quality of the physical plant,

b. previous experience in curation, and

c. the availability of a professional staff trained

in curation or archaeology.

2. All original field records, notes, photographs and other

information collected, except for personal journals or diaries, or

reasonable facsimilies of those records, notes, photographs and

other information shall be housed in the same repository as the

collections of artifacts and archaeological materials unless

otherwise specified in the permit or by the State Archaeologist in

consultation with the State Historic Preservation Officer.

3. All those collections of artifacts, archaeological

materials, field records, maps, notes, photographs and other

information collected pursuant to the provisions of this act shall

be made available to the people of Oklahoma for study, examination

and appreciation, provided that such availability can be arranged

without contributing to the destruction or degradation of said

artifacts, archaeological materials, field records, maps, notes,

photographs and other information and objects and that such release

of information is in the educational interest of the citizens of

Oklahoma.

4. Any repository for materials as designated in accordance

with paragraph 1 of this subsection may, as it deems necessary,

charge a reasonable, one-time fee of a permit holder to help defray

the costs of providing long-term storage of the materials.

C. Before any exploration or excavation is made in or on any

prehistoric ruins or archaeological site in Oklahoma, on the

Oklahoma State Register, or on property owned by or under the

control of the State of Oklahoma or any of its political

subdivisions, a permit shall first be obtained from the State

Archaeologist, Oklahoma Archaeological Survey.

Such permit shall be issued upon:

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1. Receipt of an application from any state agency,

institution, company or individual who can show cause for having

such a permit for the taking, salvage, excavation, restoration or

conducting of scientific or educational studies at, in or on

properties defined in this subsection;

2. Payment of a fee of Fifty Dollars ($50.00);

3. Determination by the State Archaeologist of the

appropriateness of the permit request. This determination shall

include:

a. application on a form approved by the State

Archaeologist,

b. specifications on the need for the indicated

research activity and shall include a research design providing for

the recovery of scientific, archaeological or historical

information,

c. designation and qualifications of personnel

involved in the project,

d. specifications on the location, nature of the

activity and time period required for the work, and

e. a signed statement from the landowner or, for

state lands, from the appropriate state agency, granting permission
a research design providing for

the recovery of scientific, archaeological or historical

information,

c. designation and qualifications of personnel

involved in the project,

d. specifications on the location, nature of the

activity and time period required for the work, and

e. a signed statement from the landowner or, for

state lands, from the appropriate state agency, granting permission

for access and removal of archaeological or historical specimens;

4. Signing an agreement to donate specimens or materials in

compliance with subsection A of this section; and

5. A signed agreement establishing a mutually acceptable

formula for determining a one-time fee, as authorized by subsection

B of this section, or that no fee will be charged by the repository

for the long-term curation of deposited materials relating to the

licensed project.

D. Each permit shall accurately specify the locations, nature

of the activity and the time period covered by the permit, and shall

authorize or permit explorations or excavations only at the

described location.

E. Copies of issued permits shall be on file with the State

Archaeologist and the State Historic Preservation Officer.

F. Each permit shall expire at midnight one (1) year after the

date of its issuance, provided, that any permit may be revoked by

the State Archaeologist, upon consultation with the State Historic

Preservation Officer, at any time upon being convinced that

archaeological activities authorized by the permit are being

conducted unlawfully or improperly. It shall be the duty of the

State Archaeologist to monitor all projects granted permits. The

following shall be considered proper actions for the conducting of

archaeological work under a permit:

1. One copy of the permit shall be at the site of the project,

either in the possession of the Principal Investigator of the

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project or a designated supervisory archaeologist at the project

site;

2. The permit may be examined by the State Archaeologist or

his designated representative on demand at any time during the

period of the permit; and

3. Investigation or excavation of archaeological sites or

ruins listed on the permit must be conducted in accordance with the

National Historic Preservation Act, the Archaeological Resources

Protection Act of 1979, and the permit provisions of this statute,

as stipulated.

The permit may be renewed if cause is shown for the need of

renewal. The fee for renewal shall be at the rate for a new

application.

G. A final report shall be submitted to the State

Archaeologist and the State Historic Preservation Officer each

within a reasonable period of time after the termination of the

permitted project. Applications for new permits from delinquent

permit holders shall not be granted until the delinquent final

reports are delivered. This final report shall be in accordance

with federal standards and the "minimal standard for reports" which

have been adopted by the State Historic Preservation Officer and the

Oklahoma Archaeological Survey.

H. The fees, if any, collected under the provisions of this

section shall be deposited in the Revolving Fund of the University

of Oklahoma, and shall be used for the payment of the expenses in

making investigations and for administration costs by the State

Archaeologist as set out in this section; provided, that the State

Archaeologist shall not issue any permit to any person until a

thorough review has been made as to the purpose, place, and

condition of the proposed explorations or excavations.

I. It shall be unlawful for any person to offer for sale or to

purchase any archaeological specimen knowing the same to have been

acquired in violation of this act.

J. Any person in possession of articles or materials acquired

in violation of this act shall forfeit them to the state, pending

return to their rightful owner.
e, place, and

condition of the proposed explorations or excavations.

I. It shall be unlawful for any person to offer for sale or to

purchase any archaeological specimen knowing the same to have been

acquired in violation of this act.

J. Any person in possession of articles or materials acquired

in violation of this act shall forfeit them to the state, pending

return to their rightful owner.

K. It shall be unlawful for any person to intentionally and

knowingly deface American Indian or aboriginal paintings,

pictographs, petroglyphs or other marks or carvings on rock or

elsewhere that are of archaeological interest and pertain to early

American Indian or aboriginal habitation of the country. It shall

be unlawful to willingly injure, disfigure, remove or destroy any

archaeological resources, including but not limited to, a

prehistoric or historic structure, site, monument, marker,

medallion, burial, burial marker or artifact without lawful

authority as provided in this or related statutes. It shall be

unlawful to enter onto the enclosed lands of another with the intent

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to intentionally injure, disfigure, remove, excavate, damage, take,

dig into or destroy any archaeological remains or any prehistoric or

historic site, American Indian or aboriginal campsite, artifact,

burial, ruin or other materials wherever situated within the state

without the consent of the owner.

L. Any person violating any of the provisions of this section

shall be guilty of a misdemeanor and, upon conviction, shall forfeit

to the state for final disposition all articles and materials and

related records wrongfully acquired through his action or efforts,

and shall also be fined not less than One Hundred Dollars ($100.00)

and not more than Five Hundred Dollars ($500.00), or imprisoned in

the county jail, not exceeding thirty (30) days, or both.

M. In order to protect and preserve historical, archaeological

and scientific information, matters and objects and other

archaeological remains, which may from time to time be found on

privately owned lands within Oklahoma, the Legislature declares as a

statement of purpose that archaeological excavations on privately

owned lands should be discouraged except in accordance with and

pursuant to the spirit and authority of this statute. Persons

having knowledge of the location of archaeological sites in the

State of Oklahoma are encouraged to communicate such information to

a reputable museum, institution of higher learning, a recognized

scientific or historical institution or society or the Oklahoma

Archaeological Survey. Those institutions, societies or museums

contacted with such information should in turn inform the State

Archaeologist, Oklahoma Archaeological Survey, so that the

information may be recorded in the inventory of sites maintained for

the state.