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Memorandum of Understanding Between
The Department of the Interior and The National Archives and Records Administration Regarding an American Indian Records Repository Located at NARA's Lenexa, Kansas, Regional Records Services Facility |
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A Memorandum of Understanding (MOU) is made and entered into between the Department of the Interior (DOI) and the National Archives and Records Administration (NARA) for the purpose of consolidating and preserving on a continuing and long-term basis designated Indian records in the possession of DOI's Bureau of Indian Affairs (BIA) and the Office of the Special Trustee for American Indians (OST), and related DOI fiduciary trust records, as jointly agreed to, at NARA's regional records services facility in Lenexa, Kansas. Article I. Background and Objectives A. Within DOI, the mission of the BIA is to fulfill its trust responsibilities and promote self-determination for American Indian Tribes, individual American Indians and Alaska Natives (hereinafter collectively referred to as American Indians). BIA develops and implements, in cooperation with Tribal governments, Native American organizations, other federal agencies, state and local governments, and other interested groups, economic, social, educational and other programs for the benefit and advancement of American Indians. B. Within DOI, OST was established to oversee and coordinate reforms within DOI of practices relating to the management and discharge of the Secretary's trust responsibilities to American Indians. C. DOI, pursuant to the American Indian Trust Fund Management Reform Act of 1994 (1994 Act) and prior laws, is charged with management of the U.S. Government's trust responsibilities to American Indians, including with respect to records management. DOI established the Office of Trust Records in 1999 to develop and implement a program for the economical and efficient management of trust records, consistent with the 1994 Act, the Federal Records Act, other statutes and their implementing regulations. E. NARA's new regional records services facility in Lenexa, Kansas (the Lenexa facility), can accommodate the archival storage of records in accordance with strict NARA facility standards for the preservation of archival records. The Lenexa facility has sufficient future capacity to hold all of the records of the American Indian Records Repository within the scope of the present MOU. F. DOI and NARA jointly believe that it is in the public interest to consolidate designated, non-active Indian records, presently in the custody of DOI, in the Lenexa facility managed by NARA. It is in the further interest of all parties that the proposed consolidation include Indian records presently stored in NARA's regional records services facility in Lee's Summit, Missouri. G. Haskell Indian Nations University (Haskell University), located in Lawrence, Kansas, is an accredited four-year college operated and funded by the BIA, with a core mission of being a national intertribal center for teaching, extension and research related to the study of American Indian Nations culture and affairs. H. DOI and NARA agree that it is in the public interest for Haskell University to develop an archival and records management studies program. The resulting educational, outreach, and training programs to be conducted by the faculty and staff of Haskell University can lend support to the management of Indian records stored at NARA's Lenexa facility. Article II. Authority Authority for
NARA to enter into this MOU is contained in the Economy Act, 31 U.S.C.
1535, the Federal Records Act, 44 U.S.C. 2107 and 2907, and NARA's Records
Center Revolving Fund authority, Pub. L. 106-58, Title IV, 113 Stat.
460-61 (1999), codified at 44 U.S.C. 2901 note. The authority for DOI
to enter into this MOU is contained in the American Indian Trust Fund
Management Reform Act of 1994, 25 U.S.C. 4001, et seq., the Federal
Records Act, Article III. Framework of the Agreement A. NARA agrees to: 2. Relocate to the American Indian Records Repository at the Lenexa facility Indian records presently stored at NARA's Lee's Summit regional records services facility. 3. Preserve the integrity of the records collection in the American Indian Records Repository by maintaining these records as a separate entity within the Lenexa facility. 4. Build storage space at DOI's request and maintain records within the American Indian Records Repository at the Lenexa facility in accordance with NARA 1571, "Archival Storage Standards," which establishes structural, environmental control, fire safety, preservation, and security standards for appropriate archival storage conditions in NARA archival facilities, or any superseding guidance as authorized and approved by the Archivist. 5. Assist DOI in establishing a program to manage and provide continuing access to Indian records in electronic formats, including at the Lenexa facility. 6. Provide, upgrade, and/or build all facilities necessary at the Lenexa facility to support use of the American Indian Records Repository by DOI staff and contractors, Haskell University faculty and students, and other researchers, including a research room, work spaces, offices, conference room, copying equipment rooms, and additional space as required. 7. Provide for servicing of records in the American Indian Records Repository to DOI staff and to persons authorized by DOI (including Haskell University faculty, staff, and students), in accordance with applicable federal law, and NARA Records Center Program policies and practices. 8. Provide that for any records that have been transferred into the legal custody of NARA pursuant to an SF-258, questions on access to records in the American Indian Records Repository will be referred to the Archivist of the United States or his designated NARA representative. 9. Restrict access to original documents for reference purposes when those documents have been satisfactorily reproduced on microfilm and reference prints or other media are available. 11. Foster an affiliated relationship with Haskell University, including authorizing NARA staff to participate, to the extent permitted by Federal law, in educational, outreach, and training programs involving DOI and Haskell University, and including NARA support of work-study employment, internships, and similar opportunities for Haskell University students to work at the American Indian Records Repository. B. DOI agrees to: 1. Until such time as records are transferred to the Lenexa facility, continue to be responsible for the care and preservation of both inactive and current records in its physical custody. 2. Transfer agreed-upon collections of existing Indian records presently in the physical custody of DOI to NARA's Lenexa facility when no longer active or current, for continued maintenance in the American Indian Records Repository, in accordance with applicable NARA regulations and guidance, and in compliance with applicable court orders and DOI record move requirements. 3. Provide adequate funding for the establishment and maintenance of an American Indian Records Repository at the Lenexa facility, including (a) payment of fees for the storage and servicing of records at the facility in accordance with the provisions of NARA's Records Center Revolving Fund; b) reimbursement to NARA for the cost of moving the present collection of Indian records at Lee's Summit to Lenexa, in accordance with III.A.2, supra; (c) funding, upon DOI approval, for research room, work spaces, and other office space facilities associated with the American Indian Records Repository, as specified in III.A.6, supra; (d) funding, upon DOI approval, for NARA staff costs associated with the educational, outreach, and training programs contemplated under III.A.11, supra; and (e) funding, upon DOI approval, for other costs to NARA that arise in connection with continued usage and maintenance of the records within the American Indian Records Repository. 4. Subject to
the availability of funds and resources and within existing laws and
regulations, will work jointly with Haskell University to identify and
create a series of programs and projects involving the study of and
continued preservation of Indian records within the American Indian
Records Repository at the Lenexa facility. These programs and projects,
which will also involve utilization of NARA staff, are expected to include
(but would not be limited to): providing for a general program of education,
including training seminars and workshops, internships and other work
study opportunities; conservation activities of archival materials,
including holdings maintenance and preservation copying; archival description
and reference functions; and public programs, exhibits and publications.
1. That this MOU will terminate in the event of a lack of funding by DOI of the operations of the American Indian Records Repository, as specified in Article III.B.3, supra, or upon 180 days notice of either party. 2. That nothing in this agreement may be construed to obligate either party to any current or future expenditure of resources in advance of the availability of appropriations from Congress. This agreement does not obligate either party to spend funds on any particular project or purpose, even if funds are available. The parties will arrange for any transfer of funds, property or services in separate agreements under applicable authority. 3. That this MOU will be subject to formal periodic reevaluation and possible amendment by the parties at intervals of no less than every five years from original date of enactment. 4. That all press releases and public statements issued by DOI or NARA concerning or characterizing this MOU will be jointly reviewed and agreed to by delegated staff representing each of the undersigned signatories.
Date: _____________
Date: _____________ |