the applicant is qualified, to carry out the permitted activity,

the activity is undertaken for the purpose of furthering archaeological knowledge in the public interest,

the archaeological resources which are excavated or removed from public lands will remain the property of the United States, and such resources and copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution, and

the activity pursuant to such permit is not inconsistent with any management plan applicable to the public lands concerned.

No permit shall be required under this section or under the Act of June 8, 1906 (16 U.S.C. 431),1 for the excavation or removal by any Indian tribe or member thereof of any archaeological resource located on Indian lands of such Indian tribe, except that in the absence of tribal law regulating the excavation or removal of archaeological resources on Indian lands, an individual tribal member shall be required to obtain a permit under this section.

In the case of any permits for the excavation or removal of any archaelogical 2

resource located on Indian lands, the permit may be granted only after obtaining the consent of the Indian or Indian tribe owning or having jurisdiction over such lands. The permit shall include such terms and conditions as may be requested by such Indian or Indian tribe.

No permit or other permission shall be required under chapter 3203 of title 54 for any activity for which a permit is issued under this section.

Any permit issued under chapter 3203 of title 54 shall remain in effect according to its terms and conditions following the enactment of this chapter. No permit under this chapter shall be required to carry out any activity under a permit issued under chapter 3203 of title 54 before October 31, 1979, which remains in effect as provided in this paragraph, and nothing in this chapter shall modify or affect any such permit.