Director's Order #28A: Archeology

Director's

DIRECTOR'S ORDER #28A: ARCHEOLOGY

Approved: A. Durand Jones
Acting Director

Effective Date: October 12, 2004

Sunset Date: October 12, 2008

This Director's Order (DO) supplements DO #28: "Cultural Resources Management," and, augmented by procedures in the reference manual, the NPS Archeology Guide, supersedes the following National Park Service directives:

Special Directive 90-1: Policies and Procedures for Handling Requests to Search for Treasure-trove;
Special Directive 87-3: Conservation of Archeological Resources, as it pertains to archeological resources;
Director's Memorandum of September 26, 1984: Transfer of Authority from WASO to the National Park Service Regional Directors for Approval of Archeological and Paleontological Permits, and National Park Service Technical Manual for Review and Issuance of Archeological and Paleontological Permits (October 5, 1984) ; and
Staff Directive 84-5: Establishment of Servicewide Procedures for Responding to Notifications under Public Law 93-291 that Unanticipated Scientific, Prehistorical, Historical or Archeological Data have been Discovered during Construction of a Federal Undertaking and are being Irrevocably Lost or Destroyed.

Table of Contents

1. Purpose
2. Background
3. Authorities
4. Responsibilities and Delegations of Authority
    A. Park Archeology Program
    B. Archeological Assistance Program
5. Archeological Program Requirements in National Parks
    A. Archeological Resource Stewardship
    B. Preservation Planning and Impact Analysis
    C. Law Enforcement and Review and Enforcement of Permits
    D. Contracts
    E. Reporting Requirements
6. Applicable Standards and Guidelines
    A. Secretary of Interior's Standards and Guidelines
    B. Professional Qualifications and Professional Standards
    C. Registration of Historic Properties
    D. Curation and Collections Management
    E. Violations
    F. Historic Shipwrecks
    G. Other Standards and Guidelines

_________________________________________________

1. PURPOSE

This DO provides information needed to implement those laws and policies when carrying out certain activities. It promotes a common management framework for planning, reviewing, and undertaking archeological activities and other activities that may affect archeological resources within the National Park System. This DO also addresses the manner in which the Service will meet its archeological assistance responsibilities outside the national parks. General archeological requirements are covered in DO #28: Cultural Resource Management (<http://www.nps.gov/policy/DOrders/DOrder28.html>), and the Cultural Resource Management Guideline Release No. 5 (<http://www.cr.nps.gov/history/online_books/nps28/28contents.htm>). This DO and its reference manual provide more specific guidance on selected archeological topics.

2. BACKGROUND

As one of the principal stewards of America's heritage, the NPS is charged with the preservation of the commemorative, educational, scientific, and traditional cultural values of archeological resources for the benefit and enjoyment of present and future generations. The Service does this through (1) archeological resource stewardship within the national parks, and (2) assistance to partners, including Federal, State, tribal, and local government agencies; individuals; and private organizations outside the national parks.

NPS Management Policies affirm a long-term commitment to the appropriate investigation, documentation, preservation, interpretation, and protection of archeological resources inside units of the National Park System. Some national parks, for example Mesa Verde NP and Colonial NHP, were established specifically for the commemorative, educational, and scientific values of their archeological resources. Other National Parks, for example Cape Cod NS, Yellowstone NP, and Olympic NP, were not established with archeological resources in mind, yet contain thousands of archeological sites. All of the archeological resources in parks are subject to the care and management required by laws, regulations, policies, Director's Orders and guidelines described and referred to here.

Archeological resources are nonrenewable and irreplaceable, so it is important that all management decisions and activities throughout the National Park System reflect a commitment to the conservation of archeological resources as elements of our national heritage. Although the Service may undertake actions that have both beneficial and adverse impacts on park resources, the Service is prohibited from taking or authorizing action that would, or is likely to, impair park resources or values. (See DO #12 (<http://www.nps.gov/policy/DOrders/DOrder12.html>) and web site at <www.nps.gov/protect> for further information about impairment.) The value of these resources is enhanced when information from their study is used as a source for accurate and accessible public interpretation. Effective management of archeological resources requires cooperation with other programs within the NPS and with partners. Historically, the NPS has contributed its expertise to assisting such partners in meeting their archeological management and stewardship responsibilities.

3. AUTHORITIES

The authority to issue this Director's Order is found in 16 USC 1 through 4 (the National Park Service Organic Act), in the delegations of authority contained in Part 245 of the Department of the Interior Manual (245 DM 1), and in the responsibilities set forth in Part 519 of the Department of the Interior Manual (519 DM 1 and 519 DM 2).

There are other statutes and implementing regulations that authorize and guide the Service's management of archeological resources on NPS lands, and NPS archeological assistance to other public agencies and organizations and individuals. These laws, regulations, and standards may be found on Links to the Past (<http://www.cr.nps.gov/linklaws.htm>). These include, but are not limited to:

Antiquities Act (1906) and regulations at 43 CFR 3 (16 U.S.C. 431, 432, 433; P. L. 59-209 (June 8, 1906)).
Historic Sites Act (1935) and regulations at 36 CFR Part 65 (49 USC 303, P. L. 100-17, 1987. Previously Section 4(f) of 49 USC 1653 (f)).
National Historic Preservation Act (1966) as amended and regulations at 36 CFR 60, 63, 65, 78, 79, and 800 (16 U.S.C. et seq.; P. L. 89-665 (October15, 1966); P. L. 96-515 (December 12, 1980); title XL of P. L. 102-575 (October 30, 1992)).
National Environmental Policy Act (1969) as amended and regulations at 40 CFR 1500- 1508 (42 U.S.C. 4321, 4331, 4332, P. L. 91-190 (January 1, 1970)).
Archeological and Historic Preservation Act (1974) (16 U.S.C. 469-469c; P. L. 93-291) This act consists of amendments to the Reservoir Salvage Act (P. L. 86-532; June 27, 1960) made in 1974 by P. L. 93-291 and in 1978 by P. L. 95-625.
Archaeological Resources Protection Act (1979) as amended and regulations at 43 CFR 7 and 36 CFR 79 (16 U.S.C. 470aa-470mm, P. L. 96-95 (October 31, 1979)).
Abandoned Shipwreck Act (1987) (43 U.S.C. 2101 et seq.; P. L. 100-298 (April 28, 1988). Guidelines published in Federal Register on December 4, 1990 (55 FR 50116) and two notices of correction published on December 14, 1990 (55 FR 51528) and February 26, 1991 (56 FR 7875)).
Native American Graves Protection and Repatriation Act (1990) and regulations at 43 CFR 10 (25 U.S.C. 3001; P. L. 101-601 (November 16, 1990)).

Specific delegations of authority under these acts are identified by program area in the following section.

4. RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY

Section 4A focuses on NPS archeological activities within the National Park System, and section 4B focuses on NPS archeological assistance outside the National Park System.

4A. Park Archeology Program

Responsibility for developing archeological policies and other guidance for the National Park System is assigned to the Associate Director for Cultural Resources (Associate Director). The Associate Director has assigned responsibility for oversight and development of the archeology program in national parks to the NPS Chief Archeologist, who also serves as the Manager of the Archeology Program (<www.cr.nps.gov/aad/>) in the National Center for Cultural Resources.

The Associate Director coordinates with the regional directors in carrying out the statutory and regulatory responsibilities for managing archeological resources. Archeological resources may be of interest under the Archaeological Resources Protection Act (ARPA) regardless of their eligibility for the National Register of Historic Places. Archeological resources include archeological sites and archeological collections. Archeological collections include material remains and associated records, including graphic, written and electronic records, and published and unpublished reports about sites and collections.

Superintendents are responsible for meeting all statutory and regulatory compliance obligations and for ensuring overall stewardship of these resources within their parks, including identification, evaluation, registration, documentation, treatment, protection, preservation, monitoring, research, collections management and interpretation.

Within regions, archeologists in support offices, regional offices, centers, and parks provide professional and technical assistance to regional directors, superintendents and staff. Archeologists designated as coordinators for archeological inventory, Archeological Site Management Information System (ASMIS), or resource protection provide additional assistance and support to parks in matters relating to systematic inventory of sites, site documentation, condition assessment, management of site information, and site protection.

4A(1) Antiquities Act and Archaeological Resources Protection Act
Both of these statutes prohibit the unauthorized disturbance or removal of archeological resources on public lands and authorize the regulation of archeological investigations of these resources.

The Associate Director has delegated authority to issue permits under the Antiquities Act and ARPA to the regional directors. This authority cannot be delegated further. Regional directors can issue permits on behalf of Federal agencies that do not have their own authority to issue permits. The regional directors coordinate with superintendents and the appropriate NPS archeologists before issuing permits for archeological work in national parks.

Section 10 (c) of ARPA requires that Federal land managers establish a program to increase public awareness of the significance of archeological resources and the need to protect such resources. Individual superintendents at parks with recognized archeological resources will incorporate information about these topics in park interpretive programs. Centers, support offices, regional offices, and the National Center for Cultural Resources will, to the extent practicable, conduct public outreach and educational programs for archeology.

Section 14 (a) and (b) of ARPA require that Federal land managers develop plans and schedules for investigating lands under their control to determine the nature and extent of archeological resources on these lands. The sections call for lands that may contain the most scientifically valuable archeological resources to receive special attention. Superintendents must ensure that areas within their parks have had adequate archeological investigations to identify, evaluate, and monitor archeological resources, or that such investigations are planned and scheduled. Centers, support offices, and the National Center for Cultural Resources will assist and support the efforts to carry out the necessary investigations.

Guidance on responsibilities and actions under the Antiquities Act and ARPA is found in the regulations that implement the acts and in sections 5 and 6 of this directive. Further guidance will be made available through the NPS Archeology Guide.

4A(2) National Historic Preservation Act and National Environmental Policy Act
The Associate Director has delegated authority to superintendents for meeting compliance responsibilities under the National Historic Preservation Act (NHPA), Sections 106 and 110. Under the Programmatic Agreement between the National Park Service, the National Conference of State Historic Preservation Officers (NCSHPO) and the Advisory Council on Historic Preservation (ACHP) (last updated in 1995), superintendents are responsible for compliance under Section 106 regulations at 36 CFR 800 and for ensuring that the parks have adequate documentation to take advantage of programmatic exclusions. DO #12 delegates to regional directors and superintendents compliance responsibilities under the National Environmental Policy Act (NEPA).

Guidance on responsibilities and actions under NHPA and NEPA is found in the regulations that implement the acts; in sections 5 and 6 of this directive; in DO #2, DO #12, and DO #28 and in the Cultural Resource Management Guideline Release No. 5. Further guidance will be available through the NPS Archeology Guide.

4A(3) Native American Graves Protection and Repatriation Act
The Associate Director has delegated authority to superintendents for meeting national park system compliance responsibilities under the Native American Graves Protection and Repatriation Act (NAGPRA). The Associate Director provides technical assistance to superintendents nationwide through the Director for Indian Affairs and American Culture, Intermountain Regional Office.

Guidance on responsibilities and actions under NAGPRA is found in the regulations that implement the law (43 CFR 10), in Appendix R of CRM Guideline Release No. 5, and in sections 5 and 6 of this directive. Compliance under NAGPRA for National Park System units is distinct from, but complementary to, the work of the National NAGPRA program, which carries out some of the Secretary of the Interior's national responsibilities under NAGPRA, and which is administered by the NPS directly through the Office of the Associate Director.

4A(4) Regulations at 36 CFR Part 79. Curation of Federally Owned and Administered Archeological Collections
These regulations were promulgated under the authority of the NHPA, the Archeological and Historic Preservation Act, and ARPA and provide direction for the management of archeological collections. In addition to the regulations, Part 411 of the Departmental Manual, DO #19, and DO #24 and the accompanying NPS Museum Handbook will be consulted. Regional directors and superintendents must ensure the appropriate management of archeological collections, records, and reports.

4B. Archeological Assistance Program and Departmental Consulting Archeologist

Responsibilities for carrying out the leadership, coordination, and assistance in the appropriate treatment and preservation of archeological and historic resources outside the National Park System are delegated to the Associate Director and the regional directors. These functions, summarized in 519 DM 1 and 2, include providing advice and assistance to Federal, State, and local agencies and Indian tribes in meeting their responsibilities under a variety of laws preserving and protecting archeological and historic resources. The Associate Director has assigned responsibility for oversight and development of the archeological leadership, coordination, and assistance function to the Departmental Consulting Archeologist (DCA), who also serves as the NPS Chief Archeologist. Regional directors' leadership, coordination, and assistance functions are carried out by NPS archeologists in regional offices, support offices, and archeological centers.

The Secretary of the Interior has delegated to the DCA certain secretarial responsibilities for acts that provide for archeological coordination and archeological assistance to other public agencies and archeological organizations and individuals (See 519 DM 1.4C and 2.3D). Organizationally, the office of the DCA is located in the National Center for Cultural Resources. The DCA is also the Chief Archeologist for the NPS and Manager of the Archeology Program.

The Department of the Interior's supplemental regulations for ARPA (43 CFR 7, Subpart B) identify the DCA as the official who may review determinations about whether certain materials are archeological resources as defined by ARPA. This issue may surface, for example, in responding to requests to recover treasure trove on park or other Federal lands. The DCA also may review issues involved in archeological permit reviews and disputes. The DCA makes recommendations to the involved Federal land manager, as defined in ARPA and its regulations, who takes the recommendations under advisement. The DCA may request assistance from the regional directors or superintendents who, in consultation with the DCA, will direct staff members, as appropriate.

4B(1) Archeological and Historic Preservation Act and Historic Sites Act
The Secretary of the Interior is responsible for providing technical assistance to any public agency, organization, or individual that asks for assistance. Such requests may occur, for example, when unanticipated scientific, prehistoric, historical, or archeological discoveries are made after an agency has complied with Section 106 of the National Historic Preservation Act and commenced an undertaking. Agencies also may request the DCA to coordinate peer review of their archeological projects. The Secretary of the Interior has delegated to the DCA responsibility for carrying out these secretarial responsibilities (519 DM 1 and 2). The DCA may request assistance from regional directors or superintendents who, in consultation with the DCA, will direct staff members to provide the requested technical assistance.

Such assistance sometimes is provided by archeological centers, support offices, and other NPS archeologists. Within each region, archeological assistance activities are undertaken to coordinate public archeological activities and provide technical assistance. Such activities often consist of promoting the nomination of archeological properties to the National Register of Historic Places and the designation of archeological properties as National Historic Landmarks; assisting in the preservation of listed and designated properties; overseeing and assisting the implementation of the National Archeological Database (NADB); advising Federal agencies on programs for the identification, evaluation, protection and recovery of archeological resources; investigating notifications that important archeological data may be damaged or destroyed by a Federal or federally authorized activity; and providing training to Federal and State agencies.

4B(2) Reporting under the Archaeological Resources Protection Act and the Archeological and Historic Preservation Act
The Secretary of the Interior is responsible for coordinating Federal archeological inventory, documentation, and recovery activities authorized under the Archeological and Historic Preservation Act and for submitting a report to Congress on the scope and effectiveness of the program (AHPA Sec. 5(c); ARPA Sec. 13). The Secretary of the Interior has delegated authority to the DCA to carry out this latter responsibility, which is accomplished through the Secretary of the Interior's Report to Congress on Federal Archeological Programs (<www.cr.nps.gov/aad/src/>) (519 DM 1 and 2). In addition, the Secretary of the Interior is responsible for reporting to Congress on activities conducted annually by all Federal agencies under ARPA and for making recommendations to change or improve ARPA's provisions (ARPA Sec. 13). The Secretary of the Interior has delegated authority to the DCA to carry out this responsibility, which also is accomplished as a component of the Secretary of the Interior's Report to Congress on Federal Archeological Programs.

The DCA requests from all Federal agencies information about their annual archeological activities, including ARPA activities, to include in the Secretary's report (ARPA Sec. 10(c); 43CFR7.19). Regional directors and superintendents are responsible for the timely submission of information about archeological activities in units of the National Park System. Parks submit their data to the coordinating archeologist at a center, system support office, or regional office, who then compiles the data and forwards the information to the DCA. The DCA may request annual reports on archeological activities directly from parks, centers, regional offices and system support offices or may request such information through the Associate Director or Director.

4B(3) Archeological Issues Related to the Native American Graves Protection and Repatriation Act

The Director or the Secretary may designate the DCA to provide policy advice or technical assistance for archeological cases or issues related to their governmentwide responsibilities under NAGPRA.

5. ARCHEOLOGICAL PROGRAM REQUIREMENTS IN NATIONAL PARKS

Under this DO, regional directors and superintendents or their designated representatives are responsible for the overall management of archeological resources in parks. It is NPS policy to ensure that archeological resources under its stewardship are conserved, protected, and managed to prevent the impairment of archeological resources or their values (See DO #12 at
<http://www.nps.gov/policy/DOrders/DOrder12.html>.) This management is accomplished through a systematic program of activities for the identification, evaluation, documentation, registration, treatment, protection, preservation, monitoring, research, and interpretation of those resources. These activities must meet certain operational requirements within five broad categories of responsibilities, as described below. The NPS Archeology Guide will provide further guidance and information about best practices for meeting these requirements and responsibilities.

5A. Archeological Resource Stewardship

Effective care for archeological resources requires accurate, current information about their locations, characteristics, significance, condition, and threats. Standardized management information must be summarized in ASMIS, however, for each site and collection, more extensive and specific electronic and paper records also will be maintained, including the Automated National Catalog System (ANCS+) (<http://www.cr.nps.gov/museum/publications/ancs.html>) where applicable. Superintendents must collect, maintain, and update these kinds of information, including information about archeological collections and records, as well as sites. A variety of funding sources may be used to provide or improve such information, including Park Base Operations, Cultural Resource Preservation Program, Cyclic Maintenance for Historic Properties Program, Construction Planning, Line Item Construction, Recreational Fee Demonstration Program and other funding sources.

Superintendents also must ensure the effective care and curation of archeological collections (including reports and data), budget adequately for curation, identify appropriate repository(s), and facilitate the appropriate exchange and sharing of information for the public benefit. (See DO #19: Records Management at <http://www.nps.gov/policy/DOrders/DOrder19.html>, DO #24: Museum Collections Management at <http://www.nps.gov/policy/DOrders/DOrder24.html>, and 36 CFR 79.)

The NPS has a strategic goal of maintaining at least 50 percent of its known archeological sites in good condition. Superintendents need to ensure effective monitoring of site condition and take steps to maintain sites in good condition and, when possible, to improve the condition of sites from lower levels to good condition. Superintendents are responsible to complete and submit information annually on site inventory and condition assessment through ASMIS. For definitions of condition see the ASMIS data dictionary (<http://ftp.asmis.cr.nps.gov/asmis/>).

Superintendents must maintain the confidentiality of information about in situ archeological resources, unless the release of information enhances the preservation and possibly the public interpretation of the resource. (Consult DO #66 on FOIA and Protected Resource Information and see NHPA section 304 and ARPA section 9 for conditions under which certain information is to be withheld from public disclosure.)

Good stewardship includes public interpretation of park archeological resources. ARPA (Sec. 10(c); 43 CFR 7.20) requires land managers to provide interpretive programs about the importance of archeological resources in their parks. Superintendents at parks with recognized archeological resources should incorporate information about these topics in park interpretive programs.

5B. Preservation Planning and Impact Analysis

Potential effects of park operations and development on archeological resources must be considered in the earliest stages of all planning so that potentially damaging effects can be avoided or resolved. This is accomplished through general management planning, strategic planning, and implementation planning (e.g., development plans, land protection plans, and other action plans) that direct or influence park operations and development (see Chapter 2 of Management Policies). It is equally important to ensure that interpretive planning makes full use of and incorporates, as appropriate, information about archeological resources within and near parks (see DO #6). NEPA planning also must take into account archeological resources. Planning in advance for archeology includes ensuring that adequate funding to undertake such activities is provided as part of projects and programs.

Effective planning must meet the identification, evaluation, analysis, consultation, documentation, and other requirements of sections 106 and 110 of NHPA, the Programmatic Agreement between the NPS, NCSHPO and ACHP (last updated in 1995), and NEPA regulations, including appropriate consultation with the State Historic Preservation Officer and/or the Tribal Historic Preservation Officer, and other appropriate parties on project review, site evaluation and registration, and public participation (See DO #12 at <http://www.nps.gov/policy/DOrders/DOrder12.html> and DO #28 at
<http://www.nps.gov/policy/DOrders/DOrder28.html>). The Servicewide Archeological Inventory Program partially addresses some park management needs and some provisions of Section 110 of the NHPA. Other funding sources also provide information for planning and impact analysis.

The use of ASMIS and other park records will help make planning more effective and efficient concerning archeological resources. Planning activities require full use of the rich information contained in archeological resources, including collections and records.

In the event of unanticipated effects on archeological resources as part of a NPS "undertaking," superintendents must notify proper authorities and follow procedures under either the Archeological and Historic Preservation Act or the NHPA Section 106 regulations (See 36 CFR 800.13). If the discovery occurs under circumstances unrelated to a Federal "undertaking," NHPA Section 110 applies. An example of such a discovery may be materials eroding out of a stream bank. If Native American, Native Hawaiian, or Native Alaskan human remains are discovered, superintendents must notify and consult with likely or known culturally affiliated tribes, as required by the NAGPRA regulations, in order to determine the most appropriate disposition for the human remains. For all unanticipated discoveries, superintendents must record and, if appropriate, excavate and document the discovery, consistent with the requirements of ARPA.

Superintendents will develop procedures describing how archeological sites will be taken into account during emergency operations, including imminent threats to life or property, such as fires, floods, and other disasters. The nature of consultation required in developing such procedures will vary depending on the extent of the actions covered by the procedures. See 36 CFR 800.12.

Superintendents must ensure that the provisions in all plans (including annual work plans) follow Federal statutes and regulations, and that NPS policies and other guidance pertaining to archeology are implemented. Superintendents also must follow Federal statutes and regulations, and NPS policies and other guidance pertaining to archeology for activities that take place off park lands as part of a Federal "undertaking." Examples of such activities include gravel or borrow pit operations and land exchanges. See Section 110 (a)(2)(c) of the NHPA, DO #14: Resource Damage Assessment and Restoration <http://www.nps.gov/policy/DOrders/DO14.htm>
and handbook at <http://www.nature.nps.gov/do14handbook/>), and DO #77-9 and Special Directive 91-6 on borrow materials.

5C. Law Enforcement and Review and Enforcement of Permits

Superintendents and law enforcement and resource management staff must enforce criminal and civil provisions in the Antiquities Act, ARPA, National Park System Resources Protection Act (16 USC 19jj), and other protection laws and regulations relating to these resources.

Superintendents annually will submit ARPA enforcement information for inclusion in the Secretary of the Interior's Report to Congress on Federal Archeological Programs. Data are submitted to and consolidated at the regional level.

Superintendents must ensure that the terms and conditions of the archeological permits issued by the regional director are appropriate to the project and fully enforced and that the archeological resources are protected.

Prior to issuing Commercial Use Authorizations, special use permits, research permits, and other park-specific permits, regional directors or superintendents must ensure that the proposed permitted activities are reviewed by a NPS archeologist for evaluation of potential impacts on archeological resources. Recommendations for improvements, including avoiding or resolving potentially damaging effects, must be incorporated into the permit requirements. Permits must contain appropriate conditions or stipulations to avoid or resolve potentially damaging effects and to ensure compliance with ARPA and NHPA. The NEPA Environmental Screening Form may also require review by a NPS archeologist. (Consult DO #12 at
<http://www.nps.gov/policy/DOrders/DOrder12.html> and the DO #12 handbook at <http://www.nps.gov/policy/DOrders/RM12.pdf>.)

5D. Contracts

Prior to signing contracts for maintenance, leasing, visitor services, and other activities pertaining to their park, superintendents must ensure that the proposed contracted activities are reviewed by a NPS archeologist for compliance with ARPA and NHPA, evaluation of potential effects on archeological resources, and recommendations for avoiding or resolving potentially damaging effects. Contracts must contain appropriate conditions or stipulations to avoid or resolve potentially damaging effects. The NEPA Environmental Screening Form may also require review by a NPS archeologist. (Consult DO #12 at <http://www.nps.gov/policy/DOrders/DOrder12.html> and the DO #12 handbook at <http://www.nps.gov/policy/DOrders/RM12.pdf>.)

If archeological services are contracted for, all aspects of the activities must meet NPS requirements described in law, regulation, Management Policies, Director's Orders, and related guidance.

5E. Reporting Requirements

5E(1) Government Performance and Results Act (GPRA)
The NPS annual performance plan sets targets to accomplish Servicewide Government Performance and Results Act goals and the NPS annual performance report describes actual accomplishments for parks, centers, and programs. Long-term goals that contribute toward preservation of archeological sites in units of the National Park System include goals Ia8, Ib2, IIIa1, IIIa2, and IIIa3.

To meet performance plan targets and report on accomplishments, superintendents must identify, evaluate, and document archeological resources on park lands, monitor, and maintain or improve the condition of those sites, and maintain a specific set of data about the sites for inclusion in the Servicewide ASMIS. Superintendents must ensure that appropriate up-to-date ASMIS records are submitted annually for park and national reporting. Superintendents must implement a program of archeological conservation, identification, evaluation, documentation, and nomination of archeological properties to the National Register of Historic Places. Park, center, support office, or regional archeological personnel, including ASMIS coordinators, must provide the technical support for this program, including entering data into the ASMIS database.

NPS archeologists are responsible for advising and assisting superintendents in carrying out the activities specified in this DO. This advice and assistance includes maintaining ASMIS, evaluating National Register significance and nominating qualifying sites, assessing site condition and monitoring sites, reporting annually on accomplishments, and providing sound, well-informed, professional advice.

Superintendents must acquire, preserve, protect, document (including accessioning, cataloging, lending, deaccessioning), and assure the proper use of museum collections. Superintendents are required to gather, compile, and submit a specific set of data about archeological collections for inclusion in the Servicewide Automated National Catalog System (ANCS+) for reporting under GPRA (Goal Ib2). (See DO #24 at <http://www.nps.gov/policy/DOrders/DOrder24.html>.)

To meet their performance goals, NPS staff must maintain the park's ANCS+ records; ensuring that archeological projects provide funding for archeological collection management activities (cataloging, storage, and access) that are necessary as a result of the project; and providing to their superintendents sound, well-informed, professional advice.

5E(2) Reporting for ASMIS, the Secretary of the Interior's Report to Congress on the Federal Archeology Program, and other Park archeological activities
Reporting accomplishments establishes accountability for the management of archeological resources. Superintendents are responsible for the annual updating of ASMIS data and reports on archeological activities and projects that are used for national accountability reporting such as Heritage Assets, budget justifications, and the Secretary of the Interior's Report to Congress on the Federal Archeology Program.

6. APPLICABLE STANDARDS AND GUIDELINES

Managers and NPS archeologists will adhere to the following standards related to archeological resource management:

6A. Secretary of the Interior's Standards and Guidelines

The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation include standards and guidance for preservation planning, identification, evaluation, registration, historical documentation, architectural and engineering documentation, archeological documentation, historic preservation projects, and professional qualifications, and definitions of preservation terminology. An annotated version is available at the web site at <www.cr.nps.gov/linklaws.htm.>

6B. Professional Qualifications and Professional Standards

Archeologists and managers in support offices, regional offices, centers, and parks should be aware of qualification standards for archeologists who are responsible under ARPA for collecting, handling, analyzing, evaluating, and reporting archeological data in parks and on other public lands (43 CFR 7.8) and those used for State and local government historic preservation programs (36 CFR 61). Qualifications will vary according to the level of performance required of individual archeologists. Individuals serving as NPS archeologists or non-NPS archeologists with management, research, and National Register responsibilities in parks are expected to meet the qualifications in the implementing regulations of ARPA.

All NPS employees must be aware of, and perform their duties in a manner consistent with, their legal and ethical obligations to archeological resources. Archeologists will consult the Register of Professional Archaeologist's Code of Conduct and Standards of Research Performance (<http://www.rpanet.org/conduct.htm>) and the ethical standards of the Archaeological Institute of America (<http://www.archaeological.org/pdfs/AIA_Code of_EthicsA5S.pdf>),
Society for American Archaeology (<http://www.saa.org/Aboutsaa/Ethics/prethic.html>), and the Society for Historical Archaeology (<http://www.sha.org/sha_back.htm>).

6C. Registration and Recordation of Historic Properties

Standards for including archeological sites in State information management systems are issued by each State. Servicewide standards for recording management information on archeological resources located in national parks are found in the ASMIS Data Dictionary (http://ftp.asmis.cr.nps.gov/asmis/), issued by the Archeology Program. Standards for registering archeological sites and districts in national historic property lists are defined in regulations at 36 CFR 60, National Register of Historic Places; 36 CFR 63, Determinations of Eligibility for Inclusion in the National Register of Historic Places; and 36 CFR 65, National Historic Landmarks Program. Standards for nominating archeological sites of outstanding universal value for international recognition are defined in regulations at 36 CFR 73, World Heritage Convention.

6D. Curation and Collections Management

Regulations for the Curation of Federally Owned and Administered Archeological Collections (36 CFR 79) define the standards for the care, preservation, use, and management of archeological collections. These regulations are supplemented by Part 411 DM, the Department of the Interior Museum Property Handbook; DO #24 (<http://www.nps.gov/policy/DOrders/DOrder24.html>); DO #19 (<http://www.nps.gov/policy/DOrders/DOrder19.html>); and the NPS Museum Handbook (<http://www.cr.nps.gov/museum/publications/handbook.html>). Special analyses of materials and deaccessioning must follow stated policies.

Artifacts, specimens, samples, and originals of all records and data collected, created, or generated by contractors or other organizations under permit or by NPS staff in units of the National Park System are property of the U.S. Government, retained in NPS museum collections, and managed according to the NPS Museum Handbook. They may be loaned to non-NPS repositories for study and management. (See DO #19 at <http://www.nps.gov/policy/DOrders/DOrder19.html>
and the NPS Museum Handbook at <http://www.cr.nps.gov/museum/publications/handbook.html>.)

6E. Violations

Standards for reporting violations of laws and regulations, including violations of permits issued, are found in the Uniform Crime Reporting Act and the NPS "Case Incident Reporting System." Supplemental reports are required for the NPS clearinghouse (i.e., Listing of Outlaw Treachery - LOOT), maintained by the Archeology Program. These data are used in the Secretary of the Interior's Report to Congress on Federal Archeological Programs.

6F. Historic Shipwrecks

Guidelines for management of historic shipwrecks under a government agency's jurisdiction or control are found in the NPS Abandoned Shipwreck Act Final Guidelines <http://www.cr.nps.gov/aad/submerged/intro.htm>.

6G. Other Standards and Guidelines

Other standards and guidelines will be developed and described in an NPS Archeology Guide. The Chief Archeologist is assigned the development and updating of the NPS Archeology Guide as the reference manual supporting this DO. In doing so, the Chief Archeologist will call upon experts to assist in the development of the different sections of the guide, assuring information quality and accuracy and will provide NPS field staff with an opportunity to review and comment on drafts of the manual. The guide will supplement the material described in this DO and specify operational requirements, activities, standards, and other guidance to ensure the responsible management of archeological resources under the stewardship of the National Park Service.

The additional guidance will encourage the National Park Service and partner agencies to:

use best practices for stewardship of archeological resources;
work collaboratively to carry out respective responsibilities;
provide a common management framework for creating a park-based archeological program; and
promote to partners, contractors, and other stakeholders the national archeological standards, principles, and practices employed in the parks.

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