[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR79.7]

[Page 444-445]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 79_CURATION OF FEDERALLY-OWNED AND ADMINISTERED ARCHAEOLOGICAL 
COLLECTIONS--Table of Contents
 
Sec.  79.7  Methods to fund curatorial services.

    A variety of methods are used by Federal agencies to ensure that 
sufficient funds are available for adequate, long-term care and 
maintenance of collections. Those methods include, but are not limited 
to, the following:
    (a) Federal agencies may fund a variety of curatorial activities 
using monies appropriated annually by the U.S. Congress, subject to any 
specific statutory authorities or limitations applicable to a particular 
agency. As appropriate, curatorial activities that may be funded by 
Federal agencies include, but are not limited to:
    (1) Purchasing, constructing, leasing, renovating, upgrading, 
expanding, operating, and maintaining a repository that has the 
capability to provide adequate long-term curatorial services as set 
forth in Sec.  79.9 of this part;
    (2) Entering into and maintaining on a cost-reimbursable or cost-
sharing basis a contract, memorandum, agreement, or other appropriate 
written instrument with a repository that has the capability to provide 
adequate long-term curatorial services as set forth in Sec.  79.9 of 
this part;
    (3) As authorized under section 110(g) of the National Historic 
Preservation Act (16 U.S.C. 470h-2), reimbursing a grantee for 
curatorial costs paid by the grantee as a part of the grant project;
    (4) As authorized under section 110(g) of the National Historic 
Preservation Act (16 U.S.C. 470h-2), reimbursing a State agency for 
curatorial costs paid by the State agency to carry out the

[[Page 445]]

historic preservation responsibilities of the Federal agency;
    (5) Conducting inspections and inventories in accordance with Sec.  
79.11 of this part; and
    (6) When a repository that is housing and maintaining a collection 
can no longer provide adequate long-term curatorial services, as set 
forth in Sec.  79.9 of this part, either:
    (i) Providing such funds or services as may be agreed upon pursuant 
to Sec.  79.5(a)(1) of this part to assist the repository in eliminating 
the deficiencies; or
    (ii) Removing the collection from the repository and depositing it 
in another repository that can provide curatorial services in accordance 
with the regulations in this part.
    (b) As authorized under section 110(g) of the National Historic 
Preservation Act (16 U.S.C. 470h-2) and section 208(2) of the National 
Historic Preservation Act Amendments (16 U.S.C. 469c-2), for federally 
licensed or permitted projects or programs, Federal agencies may charge 
licensees and permittees reasonable costs for curatorial activities 
associated with identification, surveys, evaluation and data recovery as 
a condition to the issuance of a Federal license or permit.
    (c) Federal agencies may deposit collections in a repository that 
agrees to provide curatorial services at no cost to the U.S. Government. 
This generally occurs when a collection is excavated or removed from 
public or Indian lands under a research permit issued pursuant to the 
Antiquities Act (16 U.S.C. 431-433) or the Archaeological Resources 
Protection Act (16 U.S.C. 470aa-mm). A repository also may agree to 
provide curatorial services as a public service or as a means of 
ensuring direct access to a collection for long-term study and use. 
Federal agencies should ensure that a repository that agrees to provide 
curatorial services at no cost to the U.S. Government has sufficient 
financial resources to support its operations and any needed 
improvements.
    (d) Funds provided to a repository for curatorial services should 
include costs for initially processing, cataloging and accessioning the 
collection as well as costs for storing, inspecting, inventorying, 
maintaining, and conserving the collection on a long-term basis.
    (1) Funds to initially process, catalog and accession a collection 
to be generated during identification and evaluation surveys should be 
included in project planning budgets.
    (2) Funds to initially process, catalog and accession a collection 
to be generated during data recovery operations should be included in 
project mitigation budgets.
    (3) Funds to store, inspect, inventory, maintain and conserve a 
collection on a long-term basis should be included in annual operating 
budgets.
    (e) When the Federal Agency Official determines that data recovery 
costs may exceed the one percent limitation contained in the 
Archeological and Historic Preservation Act (16 U.S.C. 469c), as 
authorized under section 208(3) of the National Historic Preservation 
Act Amendments (16 U.S.C. 469c-2), the limitation may be waived, in 
appropriate cases, after the Federal Agency Official has:
    (1) Obtained the concurrence of the Secretary of the U.S. Department 
of the Interior by sending a written request to the Departmental 
Consulting Archeologist, National Park Service, P.O. Box 37127, 
Washington, DC 20013-7127; and
    (2) Notified the Committee on Energy and Natural Resources of the 
U.S. Senate and the Committee on Interior and Insular Affairs of the 
U.S. House of Representatives.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]