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For
the reasons set forth in the preamble, title 36, chapter I of the Code
of Federal Regulations is amended by adding a new part 79 to read as
follows:
Authority:
16 U.S.C. 470aa-mm, 16 U.S.C. 470 et seq.
s 79.1
Purpose.
(a)
The regulations in this part establish definitions, standards, procedures
and guidelines to be followed by Federal agencies to preserve collections
of prehistoric and historic material remains, and associated records,
recovered under the authority of the Antiquities Act (16 U.S.C. 431-
433), the Reservoir Salvage Act (16 U.S.C. 469-469c), section 110 of the
National Historic Preservation Act (16 U.S.C. 470h-2) or the Archaeological
Resources Protection Act (16 U.S.C. 470aa-mm). They establish:
(1) Procedures and guidelines to manage and preserve collections;
(2) Terms and conditions for Federal agencies to include in contracts,
memoranda, agreements or other written instruments with repositories
for curatorial services;
(3) Standards to determine when a repository has the capability to provide
long-term curatorial services; and
(4) Guidelines to provide access to, loan and otherwise use collections.
(b) The regulations in this part contain three appendices that provide
additional guidance for use by the Federal Agency Official.
(1) Appendix A to these regulations contains an example of an agreement
between a Federal agency and a non-Federal owner of material remains
who is donating the remains to the Federal agency.
(2) Appendix B to these regulations contains an example of a memorandum
of understanding between a Federal agency and a repository for long-term
curatorial services for a federally-owned collection.
(3) Appendix C to these regulations contains an example of an agreement
between a repository and a third party for a short-term loan of a federally-
owned collection (or a part thereof).
(4) The three appendices are meant to illustrate how such agreements
might appear. They should be revised according to the:
(i) Needs of the Federal agency and any non-Federal owner;
(ii) Nature and content of the collection; and
(iii) Type of contract, memorandum, agreement or other written instrument
being used.
(5) When a repository has preexisting standard forms (e.g., a short-term
loan form) that are consistent with the regulations in this part, those
forms may be used in lieu of developing new ones.
s 79.2
Authority.
(a) The regulations in this part are promulgated pursuant
to section 101(a)(7)(A) of the National Historic Preservation Act (16
U.S.C. 470a) which requires that the Secretary of the Interior issue
regulations ensuring that significant prehistoric and historic artifacts,
and associated records, recovered under the authority of section 110 of
that Act (16 U.S.C. 470h-2), the Reservoir Salvage Act (16 U.S.C. 469-469c)
and the Archeological Resources Protection Act (16 U.S.C. 470aa-mm)
are deposited in an institution with adequate long-term curatorial capabilities.
(b) In addition, the regulations in this part are promulgated pursuant
to section 5 of the Archeological Resources Protection Act (16 U.S.C.
470dd) which gives the Secretary of the Interior discretionary authority
to promulgate regulations for the:
(1) Exchange, where appropriate, between suitable universities, museums
or other scientific or educational institutions, of archeological resources
recovered from public and Indian lands under that Act; and
(2) Ultimate disposition of archeological resources recovered under
that Act (16 U.S.C. 470aa-mm), the Antiquities Act (16 U.S.C. 431-433)
or the Reservoir Salvage Act (16 U.S.C. 469-469c).
(3) It further states that any exchange or ultimate disposition of resources
excavated or removed from Indian lands shall be subject to the consent
of the Indian or Indian tribe that owns or has jurisdiction over such
lands.
s 79.3
Applicability.
(a) The regulations in this part apply to collections,
as defined in s 79.4 of this part, that are excavated or removed under
the authority of the Antiquities Act (16 U.S.C. 431-433), the Reservoir
Salvage Act (16 U.S.C. 469-469c), section 110 of the National Historic Preservation
Act (16 U.S.C. 470h-2) or the Archeological Resources Protection Act (16 U.S.C.
470aa-mm). Such collections generally include those that are the result
of a prehistoric or historic resource survey, excavation or other study
conducted in connection with a Federal action, assistance, license or
permit.
(1) Material remains, as defined in s 79.4 of this part,
that are excavated or removed from a prehistoric or historic resource
generally are the property of the landowner.
(2) Data that are generated as a result of a prehistoric or historic
resource survey, excavation or other study are recorded in associated
records, as defined in s 79.4 of this part. Associated records that
are prepared or assembled in connection with a Federal or federally
authorized prehistoric or historic resource survey, excavation or other
study are the property of the U.S. Government, regardless of the location
of the resource.
(b) The regulations in this part apply to preexisting and new collections
that meet the requirements of paragraph (a) of this section. However,
the regulations shall not be applied in a manner that would supersede
or breach material terms and conditions in any contract, grant, license,
permit, memorandum, or agreement entered into by or on behalf of a Federal
agency prior to the effective date of this regulation.
(c) Collections that are excavated or removed pursuant to the Antiquities
Act (16 U.S.C. 431-433) remain subject to that Act, the Act's implementing
rule (43 CFR part 3), and the terms and conditions of the pertinent
Antiquities Act permit or other approval.
(d) Collections that are excavated or removed pursuant to the Archaeological
Resources Protection Act (16 U.S.C. 470aa-mm) remain subject to that
Act, the Act's implementing rules (43 CFR part 7, 36 CFR part 296, 18
CFR part 1312, and 32 CFR part 229), and the terms and conditions of
the pertinent Archaeological Resources Protection Act permit or other
approval.
(e) Any repository that is providing curatorial services for a collection
subject to the regulations in this part must possess the capability
to provide adequate long-term curatorial services, as set forth in s
79.9 of this part, to safeguard and preserve the associated records
and any material remains that are deposited in the repository.
s 79.4
Definitions.
As used for purposes of this part:
(a) Collection means material remains that are excavated or removed
during a survey, excavation or other study of a prehistoric or historic
resource, and associated records that are prepared or assembled in connection
with the survey, excavation or other study.
(1) Material remains means artifacts, objects, specimens and other physical
evidence that are excavated or removed in connection with efforts to
locate, evaluate, document, study, preserve or recover a prehistoric
or historic resource. Classes of material remains (and illustrative
examples) that may be in a collection include, but are not limited to:
(i) Components of structures and features (such as houses, mills, piers,
fortifications, raceways, earthworks and mounds);
(ii) Intact or fragmentary artifacts of human manufacture (such as tools,
weapons, pottery, basketry and textiles);
(iii) Intact or fragmentary natural objects used by humans (such as
rock crystals, feathers and pigments);
(iv) By-products, waste products or debris resulting from the manufacture
or use of man-made or natural materials (such as slag, dumps, cores
and debitage);
(v) Organic material (such as vegetable and animal remains, and coprolites);
(vi) Human remains (such as bone, teeth, mummified flesh, burials and
cremations);
(vii) Components of petroglyphs, pictographs, intaglios or other works
of artistic or symbolic representation;
(viii) Components of shipwrecks (such as pieces of the ship's hull,
rigging, armaments, apparel, tackle, contents and cargo);
(ix) Environmental and chronometric specimens (such as pollen, seeds,
wood, shell, bone, charcoal, tree core samples, soil, sediment cores,
obsidian, volcanic ash, and baked clay); and
(x) Paleontological specimens that are found in direct physical relationship
with a prehistoric or historic resource.
(2) Associated records means original records (or copies thereof) that
are prepared, assembled and document efforts to locate, evaluate, record,
study, preserve or recover a prehistoric or historic resource. Some
records such as field notes, artifact inventories and oral histories
may be originals that are prepared as a result of the field work, analysis
and report preparation. Other records such as deeds, survey plats, historical
maps and diaries may be copies of original public or archival documents
that are assembled and studied as a result of historical research. Classes
of associated records (and illustrative examples) that may be in a collection
include, but are not limited to:
(i) Records relating to the identification, evaluation, documentation,
study, preservation or recovery of a resource (such as site forms, field
notes, drawings, maps, photographs, slides, negatives, films, video
and audio cassette tapes, oral histories, artifact inventories, laboratory
reports, computer cards and tapes, computer disks and diskettes, printouts
of computerized data, manuscripts, reports, and accession, catalog and
inventory records);
(ii) Records relating to the identification of a resource
using remote sensing methods and equipment (such as satellite and aerial
photography and imagery, side scan sonar, magnetometers, subbottom profilers,
radar and fathometers);
(iii) Public records essential to understanding the resource (such as
deeds, survey plats, military and census records, birth, marriage and
death certificates, immigration and naturalization papers, tax forms
and reports);
(iv) Archival records essential to understanding the resource (such
as historical maps, drawings and photographs, manuscripts, architectural
and landscape plans, correspondence, diaries, ledgers, catalogs and
receipts); and
(v) Administrative records relating to the survey, excavation or other
study of the resource (such as scopes of work, requests for proposals,
research proposals, contracts, antiquities permits, reports, documents
relating to compliance with section 106 of the National Historic Preservation
Act (16 U.S.C. 470f), and National Register of Historic Places nomination
and determination of eligibility forms).
(b) Curatorial services. Providing curatorial services means managing
and preserving a collection according to professional museum and archival
practices, including, but not limited to:
(1) Inventorying, accessioning, labeling and cataloging a collection;
(2) Identifying, evaluating and documenting a collection;
(3) Storing and maintaining a collection using appropriate methods and
containers, and under appropriate environmental conditions and physically
secure controls;
(4) Periodically inspecting a collection and taking such actions as
may be necessary to preserve it;
(5) Providing access and facilities to study a collection; and
(6) Handling, cleaning, stabilizing and conserving a collection in such
a manner to preserve it.
(c) Federal Agency Official means any officer, employee or agent officially
representing the secretary of the department or the head of any other
agency or instrumentality of the United States having primary management
authority over a collection that is subject to this part.
(d) Indian lands has the same meaning as in s -.3(e) of uniform regulations
43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229.
(e) Indian tribe has the same meaning as in s -.3(f) of uniform regulations
43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229.
(f) Personal property has the same meaning as in 41 CFR 100-43.001-14.
Collections, equipment (e.g., a specimen cabinet or exhibit case), materials
and supplies are classes of personal property.
(g) Public lands has the same meaning as in s -.3(d) of uniform regulations
43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229.
(h) Qualified museum professional means a person who possesses knowledge,
experience and demonstrable competence in museum methods and techniques
appropriate to the nature and content of the collection under the person's
management and care, and commensurate with the person's duties and responsibilities.
Standards that may be used, as appropriate, for classifying positions
and for evaluating a person's qualifications include, but are not limited
to, the following:
(1) The Office of Personnel Management's "Position Classification
Standards for Positions under the General Schedule Classification System"
(U.S. Government Printing Office, stock No. 906--028-00000-0 (1981))
are used by Federal agencies to determine appropriate occupational series
and grade levels for positions in the Federal service. Occupational
series most commonly associated with museum work are the museum curator
series (GS/GM-1015) and the museum technician and specialist series
(GS/GM-1016). Other scientific and professional series that may have
collateral museum duties include, but are not limited to, the archivist
series (GS/GM-1420), the archeologist series (GS/GM- 193), the anthropologist
series (GS/GM-190), and the historian series (GS/GM- 170). In general,
grades GS-9 and below are assistants and trainees while grades GS-11
and above are professionals at the full performance level. Grades GS-11
and above are determined according to the level of independent professional
responsibility, degree of specialization and scholarship, and the nature,
variety, complexity, type and scope of the work.
(2) The Office of Personnel Management's "Qualification Standards
for Positions under the General Schedule (Handbook X-118)" (U.S.
Government Printing Office, stock No. 906-030-00000-4 (1986)) establish
educational, experience and training requirements for employment with
the Federal Government under the various occupational series. A graduate
degree in museum science or applicable subject matter, or equivalent
training and experience, and three years of professional experience
are required for museum positions at grades GS-11 and above.
(3) The "Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation" (48 FR 44716, Sept. 29, 1983)
provide technical advice about archeological and historic preservation
activities and methods for use by Federal, State and local Governments
and others. One section presents qualification standards for a number
of historic preservation professions. While no standards are presented
for collections managers, museum curators or technicians, standards
are presented for other professions (i.e., historians, archeologists,
architectural historians, architects, and historic architects) that
may have collateral museum duties.
(4) Copies of the Office of Personnel Management's standards,
including subscriptions for subsequent updates, may be purchased from
the Superintendent of Documents, U.S. Government Printing Office, Washington,
DC 20402. Copies may be inspected at the Office of Personnel Management's
Library, 1900 E Street NW., Washington, DC, at any regional or area
office of the Office of Personnel Management, at any Federal Job Information
Center, and at any personnel office of any Federal agency. Copies of
the "Secretary of the Interior's Standards and Guidelines for Archeology
and Historic Preservation" are available at no charge from the
Interagency Resources Division, National Park Service, P.O. Box 37127,
Washington, DC 20013-7127.
(i) Religious remains means material remains that the Federal Agency
Official has determined are of traditional religious or sacred importance
to an Indian tribe or other group because of customary use in religious
rituals or spiritual activities. The Federal Agency Official makes this
determination in consultation with appropriate Indian tribes or other
groups.
(j) Repository means a facility such as a museum, archeological center,
laboratory or storage facility managed by a university, college, museum,
other educational or scientific institution, a Federal, State of local
Government agency or Indian tribe that can provide professional, systematic
and accountable curatorial services on a long-term basis.
(k) Repository Official means any officer, employee or agent officially
representing the repository that is providing curatorial services for
a collection that is subject to this part.
(l) Tribal Official means the chief executive officer or any officer,
employee or agent officially representing the Indian tribe.
s 79.5
Management and preservation of collections.
The Federal Agency Official is responsible for the long-term
management and preservation of preexisting and new collections subject
to this part. Such collections shall be placed in a repository with
adequate long-term curatorial capabilities, as set forth in s 79.9 of
this part, appropriate to the nature and content of the collections.
(a) Preexisting collections. The Federal Agency Official is responsible
for ensuring that preexisting collections, meaning those collections
that are placed in repositories prior to the effective date of this
rule, are being properly managed and preserved. The Federal Agency Official
shall identify such repositories, and review and evaluate the curatorial
services that are being provided to preexisting collections. When the
Federal Agency Official determines that such a repository does not have
the capability to provide adequate long-term curatorial services, as
set forth in s 79.9 of this part, the Federal Agency Official may either:
(1) Enter into or amend an existing contract, memorandum, agreement
or other appropriate written instrument for curatorial services for
the purpose of:
(i) Identifying specific actions that shall be taken by the repository,
the Federal agency or other appropriate party to eliminate the inadequacies;
(ii) Specifying a reasonable period of time and a schedule within which
the actions shall be completed; and
(iii) Specifying any necessary funds or services that shall be provided
by the repository, the Federal agency or other appropriate party to
complete the actions; or
(2) Remove the collections from the repository and deposit them in another
repository that can provide such services in accordance with the regulations
in this part. Prior to moving any collection that is from Indian lands,
the Federal Agency Official must obtain the written consent of the Indian
landowner and the Indian tribe having jurisdiction over the lands.
(b) New collections. The Federal Agency Official shall deposit a collection
in a repository upon determining that:
(1) The repository has the capability to provide adequate long-term
curatorial services, as set forth in s 79.9 of this part;
(2) The repository's facilities, written curatorial policies and operating
procedures are consistent with the regulations in this part;
(3) The repository has certified, in writing, that the collection shall
be cared for, maintained and made accessible in accordance with the
regulations in this part and any terms and conditions that are specified
by the Federal Agency Official;
(4) When the collection is from Indian lands, written consent to the
disposition has been obtained from the Indian landowner and the Indian
tribe having jurisdiction over the lands; and
(5) The initial processing of the material remains (including appropriate
cleaning, sorting, labeling, cataloging, stabilizing and packaging)
has been completed, and associated records have been prepared and organized
in accordance with the repository's processing and documentation procedures.
(c) Retention of records by Federal agencies. The Federal Agency Official
shall maintain administrative records on the disposition of each collection
including, but not limited to:
(1) The name and location of the repository where the
collection is deposited;
(2) A copy of the contract, memorandum, agreement or other appropriate
written instrument, and any subsequent amendments, between the Federal
agency, the repository and any other party for curatorial services;
(3) A catalog list of the contents of the collection that is deposited
in the repository;
(4) A list of any other Federal personal property that is furnished
to the repository as a part of the contract, memorandum, agreement or
other appropriate written instrument for curatorial services;
(5) Copies of reports documenting inspections, inventories and investigations
of loss, damage or destruction that are conducted pursuant to s 79.11
of this part; and
(6) Any subsequent permanent transfer of the collection (or a part thereof)
to another repository.
s 79.6
Methods to secure curatorial services.
(a) Federal agencies may secure curatorial services
using a variety of methods, subject to Federal procurement and property
management statutes, regulations, and any agency-specific statutes and
regulations on the management of museum collections. Methods that may
be used by Federal agencies to secure curatorial services include, but
are not limited to:
(1) Placing the collection in a repository that is owned, leased or
otherwise operated by the Federal agency;
(2) Entering into a contract or purchase order with a repository for
curatorial services;
(3) Entering into a cooperative agreement, a memorandum of understanding,
a memorandum of agreement or other agreement, as appropriate, with a
State, local or Indian tribal repository, a university, museum or other
scientific or educational institution that operates or manages a repository,
for curatorial services;
(4) Entering an interagency agreement with another Federal agency for
curatorial services;
(5) Transferring the collection to another Federal agency for preservation;
and
(6) For archeological activities permitted on public or Indian lands
under the Archaeological Resources Protection Act (16 U.S.C. 470 aa-mm),
the Antiquities Act (16 U.S.C. 431-433) or other authority, requiring
the archeological permittee to provide for curatorial services as a
condition to the issuance of the archeological permit.
(b) Guidelines for selecting a repository. (1) When possible, the collection
should be deposited in a repository that:
(i) Is in the State of origin;
(ii) Stores and maintains other collections from the same site or project
location; or
(iii) Houses collections from a similar geographic region or cultural
area.
(2) The collection should not be subdivided and stored at more than
a single repository unless such subdivision is necessary to meet special
storage, conservation or research needs.
(3) Except when non-federally-owned material remains are retained and
disposed of by the owner, material remains and associated records should
be deposited in the same repository to maintain the integrity and research
value of the collection.
(c) Sources for technical assistance. The Federal Agency Official should
consult with persons having expertise in the management and preservation
of collections prior to preparing a scope of work or a request for proposals
for curatorial services. This will help ensure that the resulting contract,
memorandum, agreement or other written instrument meets the needs of
the collection, including any special needs in regard to any religious
remains. It also will aid the Federal Agency Official in evaluating
the qualifications and appropriateness of a repository, and in determining
whether the repository has the capability to provide adequate long-term
curatorial services for a collection. Persons, agencies, institutions
and organizations that may be able to provide technical assistance include,
but are not limited to the:
(1) Federal agency's Historic Preservation Officer;
(2) State Historic Preservation Officer;
(3) Tribal Historic Preservation Officer;
(4) State Archeologist;
(5) Curators, collections managers, conservators, archivists, archeologists,
historians and anthropologists in Federal and State Government agencies
and Indian tribal museum;
(6) Indian tribal elders and religious leaders;
(7) Smithsonian Institution;
(8) American Association of Museums; and
(9) National Park Service.
s 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 s 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 s 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 for curatorial costs paid
by the State agency to carry out the historic preservation responsibilities
of the Federal agency;
(5) Conducting inspections and inventories in accordance with s 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 s 79.9 of this part, either:
(i) Providing such funds or services as may be agreed upon pursuant
to s 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.
s 79.8
Terms and conditions to include in contracts, memoranda and agreements
for curatorial services.
The Federal Agency Official shall ensure that any contract,
memorandum, agreement or other appropriate written instrument for curatorial
services that is entered into by or on behalf of that Official, a Repository
Official and any other appropriate party contains the following:
(a) A statement that identifies the collection or group of collections
to be covered and any other U.S. Government-owned personal property
to be furnished to the repository;
(b) A statement that identifies who owns and has jurisdiction
over the collection;
(c) A statement of work to be performed by the repository;
(d) A statement of the responsibilities of the Federal agency and any
other appropriate party;
(e) When the collection is from Indian lands:
(1) A statement that the Indian landowner and the Indian tribe having
jurisdiction over the lands consent to the disposition; and
(2) Such terms and conditions as may be requested by
the Indian landowner and the Indian tribe having jurisdiction over the
lands;
(f) When the collection is from a site on public lands that the Federal
Agency Official has determined is of religious or cultural importance
to any Indian tribe having aboriginal or historic ties to such lands,
such terms and conditions as may have been developed pursuant to s -.7
of uniform regulations 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312,
and 32 CFR part 229;
(g) The term of the contract, memorandum or agreement; and procedures
for modification, suspension, extension, and termination;
(h) A statement of costs associated with the contract, memorandum or
agreement; the funds or services to be provided by the repository, the
Federal agency and any other appropriate party; and the schedule for
any payments;
(i) Any special procedures and restrictions for handling, storing, inspecting,
inventorying, cleaning, conserving, and exhibiting the collection;
(j) Instructions and any terms and conditions for making the collection
available for scientific, educational and religious uses, including
procedures and criteria to be used by the Repository Official to review,
approve or deny, and document actions taken in response to requests
for study, laboratory analysis, loan, exhibition, use in religious rituals
or spiritual activities, and other uses. When the Repository Official
to approve consumptive uses, this should be specified; otherwise, the
Federal Agency Official should review and approve consumptive uses.
When the repository's existing operating procedures and criteria for
evaluating requests to use collections are consistent with the regulations
in this part, they may be used, after making any necessary modifications,
in lieu of developing new ones;
(k) Instructions for restricting access to information relating to the
nature, location and character of the prehistoric or historic resource
from which the material remains are excavated or removed;
(l) A statement that copies of any publications resulting from study
of the collection are to be provided to the Federal Agency Official
and, when the collection is from Indian lands, to the Tribal Official
and the Tribal Historic Preservation Officer, if any, of the Indian
tribe that owns or has jurisdiction over such lands;
(m) A statement that specifies the frequency and methods for conducting
and documenting the inspections and inventories stipulated in s 79.11
of this part;
(n) A statement that the Repository Official shall redirect any request
for transfer or repatriation of a federally-owned collection (or any
part thereof) to the Federal Agency Official, and redirect any request
for transfer or repatriation of a federally administered collection
(or any part thereof) to the Federal Agency Official and the owner;
(o) A statement that the Repository Official shall not transfer, repatriate
or discard a federally-owned collection (or any part thereof) without
the written permission of the Federal Agency Official, and not transfer,
repatriate or discard a federally administered collection (or any part
thereof) without the written permission of the Federal Agency Official
and the owner;
(p) A statement that the Repository Official shall not sell the collection;
and
(q) A statement that the repository shall provide curatorial services
in accordance with the regulations in this part.
s 79.9
Standards to determine when a repository possesses the capability to
provide adequate long-term curatorial services.
The Federal Agency Official shall determine that a repository
has the capability to provide adequate long-term curatorial services
when the repository is able to:
(a) Accession, label, catalog, store, maintain, inventory and conserve
the particular collection on a long-term basis using professional museum
and archival practices; and
(b) Comply with the following, as appropriate to the nature and consent
of the collection;
(1) Maintain complete and accurate records of the collection, including:
(i) Records on acquisitions;
(ii) Catalog and artifact inventory lists;
(iii) Descriptive information, including field notes, site forms and
reports;
(iv) Photographs, negatives and slides;
(v) Locational information, including maps;
(vi) Information on the condition of the collection, including any completed
conservation treatments;
(vii) Approved loans and other uses;
(viii) Inventory and inspection records, including any environmental
monitoring records;
(ix) Records on lost, deteriorated, damaged or destroyed Government
properly; and
(x) Records on any deaccessions and subsequent transfers, repatriations
or discards, as approved by the Federal Agency Official;
(2) Dedicate the requisite facilities, equipment and space in the physical
plant to property store, study and conserve the collection. Space used
for storage, study, conservation and, if exhibited, any exhibition must
not be used for non-curatorial purposes that would endanger or damage
the collection;
(3) Keep the collection under physically secure conditions
within storage, laboratory, study and any exhibition areas by:
(i) Having the physical plant meet local electrical, fire, building,
health and safety codes;
(ii) Having an appropriate and operational fire detection and suppression
system;
(iii) Having an appropriate and operational intrusion detection and
deterrent system;
(iv) Having an adequate emergency management plan that establishes procedures
for responding to fires, floods, natural disasters, civil unrest, acts
of violence, structural failures and failures of mechanical systems
within the physical plant;
(v) Providing fragile or valuable items in a collection with additional
security such as locking the items in a safe, vault or museum specimen
cabinet, as appropriate;
(vi) Limiting and controlling access to keys, the collection and the
physical plant; and
(vii) Inspecting the physical plant in accordance with s 79.11 of this
part for possible security weaknesses and environmental control problems,
and taking necessary actions to maintain the integrity of the collection;
(4) Require staff and any consultants who are responsible for managing
and preserving the collection to be qualified museum professionals;
(5) Handle, store, clean, conserve and, if exhibited, exhibit the collection
in a manner that:
(i) Is appropriate to the nature of the material remains and associated
records;
(ii) Protects them from breakage and possible deterioration from adverse
temperature and relative humidity, visible light, ultraviolet radiation,
dust, soot, gases, mold, fungus, insects, rodents and general neglect;
and
(iii) Preserves data that may be studied in future laboratory analyses.
When material remains in a collection are to be treated with chemical
solutions or preservatives that will permanently alter the remains,
when possible, retain untreated representative samples of each affected
artifact type, environmental specimen or other category of material
remains to be treated. Untreated samples should not be stabilized or
conserved beyond dry brushing;
(6) Store site forms, field notes, artifacts inventory lists, computer
disks and tapes, catalog forms and a copy of the final report in a manner
that will protect them from theft and fire such as:
(i) Storing the records in an appropriate insulated, fire resistant,
locking cabinet, safe, vault or other container, or in a location with
a fire suppression system;
(ii) Storing a duplicate set of records in a separate location; or
(iii) Ensuring that records are maintained and accessible through another
party. For example, copies of final reports and site forms frequently
are maintained by the State Historic Preservation Officer, the State
Archeologist or the State museum or universtiy. The Tribal Historic
Preservation Officer and Indian tribal museum ordinarily maintain records
on collections recovered from sites located on Indian lands. The National
Technical Information Service and the Defense Technical Information
Service maintain copies of final reports that have been deposited by
Federal agencies. The National Archeological Database maintains summary
information on archeological reports and projects, including information
on the location of those reports.
(7) Inspect the collection in accordance with s 79.11 of this part for
possible deterioration and damage, and perform only those actions as
are absolutely necessary to stabilize the collection and rid it of any
agents of deterioration;
(8) Conduct inventories in accordance with s 79.11 of this part to verify
the location of the material remains, associated records and any other
Federal personal property that is furnished to the repository; and
(9) Provide access to the collection in accordance with s 79.10 of this
part.
s 79.10
Use of collections.
(a) The Federal Agency Official shall ensure that the
Repository Official makes the collection available for scientific, educational
and religious uses, subject to such terms and conditions as are necessary
to protect and preserve the condition, research potential, religious
or sacred importance, and uniqueness of the collection.
(b) Scientific and educational uses. A collection shall be made available
to qualified professionals for study, loan and use for such purposes
as in-house and traveling exhibits, teaching, public interpretation,
scientific analysis and scholarly research. Qualified professionals
would include, but not be limited to, curators, conservators, collection
managers, exhibitors, researchers, scholars, archeological contractors
and educators. Students may use a collection when under the direction
of a qualified professional. Any resulting exhibits and publications
shall acknowledge the repository as the curatorial facility and the
Federal agency as the owner or administrator, as appropriate. When the
collection is from Indian lands and the Indian landowner and the Indian
tribe having jurisdiction over the lands wish to be identified, those
individuals and the Indian tribe shall also be acknowledged. Copies
of any resulting publications shall be provided to the Repository Official
and the Federal Agency Official. When Indian lands are involved, copies
of such publications shall also be provided to the Tribal Offical and
the Tribal Historic Preservation Officer, if any, of the Indian tribe
that owns or has jurisdiction over such lands.
(c) Religious uses. Religious remains in a collection
shall be made available to persons for use in religious rituals or spiritual
activities. Religious remains generally are of interest to medicine
men and women, and other religious practitioners and persons from Indian
tribes, Alaskan Native corporations, Native Hawaiians, and other indigenous
and immigrant ethnic, social and religious groups that have aboriginal
or historic ties to the lands from which the remains are recovered,
and have traditionally used the remains or class of remains in religious
rituals or spiritual activities.
(d) Terms and conditions. (1) In accordance with section 9 of the Archaeological
Resources Protection Act (16 U.S.C. 470hh) and section 304 of the National
Historic Preservation Act (16 U.S.C. 470 w-3), the Federal Agency Official
shall restrict access to associated records that contain information
relating to the nature, location or character of a prehistoric or historic
resource unless the Federal Agency Official determines that such disclosure
would not create a risk of harm, theft or destruction to the resource
or to the area or place where the resource is located.
(2) Section -.18(a)(2) of uniform regulations 43 CFR part 7, 36 CFR
part 296, 18 CFR part 1312, and 32 CFR part 229 sets forth procedures
whereby information relating to the nature, location or character of
a prehistoric or historic resource may be made available to the Governor
of any State. The Federal Agency Official may make information available
to other persons who, following the procedures in s -.18(a)(2) of the
referenced uniform regulations, demonstrate that the disclosure will
not create a risk of harm, theft or destruction to the resource or to
the area or place where the resource is located. Other persons generally
would include, but not be limited to, archeological contractors, researchers,
scholars, tribal representatives, Federal, State and local agency personnel,
and other persons who are studying the resource or class or resources.
(3) When a collection is from Indian lands, the Federal Agency Official
shall place such terms and conditions as may be requested by the Indian
landowner and the Indian tribe having jurisdiction over the lands on:
(i) Scientific, educational or religious uses of material remains; and
(ii) Access to associated records that contain information relating
to the nature, location or character of the resource.
(4) When a collection is from a site on public lands that the Federal
Agency Official has determined is of religious or cultural importance
to any Indian tribe having aboriginal or historic ties to such lands,
the Federal Agency Official shall place such terms and conditions as
may have been developed pursuant to s -.7 of uniform regulations 43
CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229 on:
(i) Scientific, educational or religious uses of material remains; and
(ii) Access to associated records that contain information relating
to the nature, location or character of the resource.
(5) The Federal Agency Official shall not allow uses that would alter,
damage or destory an object in a collection unless the Federal Agency
Official determines that such use is necessary for scientifc studies
or public interpretation, and the potential gain in scientific or interpretive
information outweighs the potential loss of the object. When possible,
such use should be limited to unprovenienced, nonunique, nonfragile
objects, or to a sample of objects drawn from a larger collection of
similar objects.
(e) No collection (or a part thereof) shall be loaned to any person
without a written agreement between the Repository Official and the
borrower that specifies the terms and conditions of the loan. Appendix
C to the regulations in this part contains an example of a short-term
loan agreement for a federally-owned collection. At a minimum, a loan
agreement shall specify:
(1) The collection or object being loaned;
(2) The purpose of the loan;
(3) The length of the loan;
(4) Any restrictions on scientific, educational or religious uses, including
whether any object may be altered, damaged or destroyed;
(5) Except as provided in paragraph (e)(4) of this section, that the
borrower shall handle the collection or object being borrowed during
the term of the loan in accordance with this part so as not to damage
or reduce its scentific, educational, religious or cultural value; and
(6) Any requirements for insuring the collection or object being borrowed
for any loss, damage or destruction during transit and while in the
borrower's possession.
(f) The Federal Agency Official shall ensure that the Repository Official
maintains administrative records that document approved scentific, educational
and religious uses of the collection.
(g) The Repository Official may charge persons who study, borrow or
use a collection (or a part thereof) reasonable fees to cover costs
for handling, packing, shipping and insuring material remains, for photocopying
associated records, and for other related incidental costs.
s 79.11
Conduct of inspections and inventories.
(a) The inspections and inventories specified in this
section shall be conducted periodically in accordance with the Federal
Property and Administrative Services Act (40 U.S.C. 484), its implementing
regulation (41 CFR part 101), any agency-specific regulations on the
management of Federal property, and any agency-specific statutes and
regulations on the management of museum collections.
(b) Consistent with paragraph (a) of this section, the Federal Agency
Official shall ensure that the Repository Official:
(1) Provides the Federal Agency Official and, when the collection is
from Indian lands, the Indian landowner and the Tribal Offical of the
Indian tribe that has jurisdiction over the lands with a copy of the
catalog list of the contents of the collection received and accessioned
by the repository;
(2) Provides the Federal Agency Official will a list of any other U.S.
Government-owned personal property received by the repository;
(3) Periodically inspects the physical plant for the purpose of monitoring
the physical security and environmental control measures;
(4) Periodically inspects the collection for the purposes of assessing
the condition of the material remains and associated records, and of
monitoring those remains and records for possible deterioration and
damage;
(5) Periodically inventories the collection by accession, lot or catalog
record for the purpose of verifying the location of the material remains
and associated records;
(6) Periodically inventories any other U.S. Government-owned personal
property in the possession of the repository;
(7) Has qualified museum professionals conduct the inspections and inventories;
(8) Following each inspection and inventory, prepares and provides the
Federal Agency Official with a written report of the results of the
inspection and inventory, including the status of the collection, treatments
completed and recommendations for additional treatments. When the collection
is from Indian lands, the Indian landowner and the Tribal Official of
the Indian tribe that has jurisdiction over the lands shall also be
provided with a copy of the report;
(9) Within five (5) days of the discovery of any loss or theft of, deterioriation
and damage to, or destruction of the collection (or a part thereof)
or any other U.S. Government-owned personal property, prepares and provides
the Federal Agency Official with a written notification of the circumstances
surrounding the loss, theft, deterioration, damage or destruction. When
the collection is from Indian lands, the Indian landowner and the Tribal
Official and the Indian tribe that has jurisdiction over the lands shall
also be provided with a copy of the notification; and
(10) Makes the repository, the collection and any other U.S. Government-owned
personal property available for periodic inspection by the:
(i) Federal Agency Official;
(ii) When the collection is from Indian lands, the Indian landowner
and the Tribal Official of the Indian tribe that has jurisdiction over
the lands; and
(iii) When the collection contains religious remains, the Indian tribal
elders, religious leaders, and other officials representing the Indian
tribe or other group for which the remains have religious or sacred
importance.
(c) Consistent with paragraph (a) of this section, the Federal Agency
Official shall have qualified Federal agency professionals:
(1) Investigate reports of a lost, stolen, deteriorated, damaged or
destroyed collection (or a part thereof) or any other U.S. Government-owned
personal property; and
(2) Periodically inspect the repository, the collection and any other
U.S. Government-owned personal property for the purposes of:
(i) Determining whether the repository is in compliance with the minimum
standards set forth in s 79.9 of this part; and
(ii) Evaluating the performance of the repository in providing curatorial
services under any contract, memorandum, agreement or other appropriate
written instrument.
(d) The frequency and methods for conducting and documenting inspections
and inventories stipulated in this section shall be mutually agreed
upon, in writing, by the Federal Agency Official and the Repository
Official, and be appropriate to the nature and content of the collection:
(1) Collections from Indian lands shall be inspected and inventoried
in accordance with such terms and conditions as may be requested by
the Indian landowner and the Indian tribe having jurisdiction over the
lands.
(2) Religious remains in collections from public lands shall be inspected
and inventoried in accordance with such terms and conditions as may
have been developed pursuant to s -.7 of uniform regulations 43 CFR
part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229.
(3) Material remains and records of a fragile or perishable nature should
be inspected for deterioration and damage on a more frequent basis than
lithic or more stable remains or records.
(4) Because frequent handling will accelerate the breakdown
of fragile materials, material remains and records should be viewed
but handled as little as possible during inspections and inventories.
(5) Material remains and records of a valuable nature should be inventoried
on a more frequent basis than other less valuable remains or records.
(6) Persons such as those listed in s 79.6(c) of this part who have
expertise in the management and preservation of similar collections
should be able to provide advice to the Federal Agency Official concerning
the appropriate frequency and methods for conducting inspections and
inventories of a particular collection.
(e) Consistent with the Single Audit Act (31 U.S.C. 75), when two or
more Federal agencies deposit collections in the same repository, the
Federal Agency Officials should enter into an interagency agreement
for the purposes of:
(1) Requesting the Repository Official to coordinate the inspections
and inventories, stipulated in paragraph (b) of this section, for each
of the collections;
(2) Designating one or more qualified Federal agency professionals to:
(i) Conduct inspections, stipulated in paragraph (c)(2) of this section,
on behalf of the other agencies; and
(ii) Following each inspection, prepare and distribute to each Federal
Agency Official a written report of findings, including an evaluation
of performance and recommendations to correct any deficiencies and resolve
any problems that were identified. When the collection is from Indian
lands, the Indian landowner and the Tribal Official of the Indian tribe
that has jurisdiction over the lands shall also be provided with a copy
of the report; and
(3) Ensuring consistency in the conduct of inspections and inventories
conducted pursuant to this section.
Appendix
A to Part 79--Example of a Deed of Gift
DEED OF GIFT TO THE
(Name of the Federal agency)
Whereas, the (name of the Federal agency), hereinafter
called the Recipient, is dedicated to the preservation and protection
of artifacts, specimens and associated records that are generated in
connection with its projects and programs;
Whereas, certain artifacts and specimens, listed in Attachment A to
this Deed of Gift, were recoverd from the (name of the prehistoric or
historic resource) site in connection with the Recipient's (name of
the Recipient's project) project;
Whereas, the (name of the prehistoric or historic resource) site is
located on lands to which title is held by (name of the donor), hereinafter
called the Donor, and that the Donor holds free and clear title to the
artifacts and specimens; and
Whereas, the Donor is desirous of donating the artifacts and speciments
to the Recipient to ensure their continued preservation and protection;
Now therefore, the Donor does hereby unconditionally donate to the Recipient,
for unrestricted use, the artifacts and specimens listed in Attachment
A to this Deed of Gift; and
The Recipient hereby gratefully acknowleges the receipt of the artifacts
and speciments.
Signed: (signature of the Donor)
Date: (date)
Signed: (signature of the Federal Agency Official)
Date: (date)
Attachment A: Inventory of Artifacts and Specimens.
Appendix
B to Part 79--Example of a Memorandum of Understanding for Curatorial
Services for a Federally-Owned Collection
MEMORANDUM OF UNDERSTANDING FOR CURATORIAL SERVICES
BETWEEN THE
(Name of the Federal agency)
AND THE
(Name of the Repository)
This Memorandum of Understanding is entered into this
(day) day of (month and year), between the United States of America,
acting by and through the (name of the Federal agency), hereinafter
called the Depositor, and the (name of the Repository), hereinafter
called the Repository, in the State of (name of the State).
The Parties do witnesseth that,
Whereas, the Depositor has the responsibility under
Federal law to preserve for future use certain collections of archeological
artifacts, specimens and associated records, herein called the Collection,
listed in Attachment A which is attached hereto and made a part hereof,
and is desirous of obtaining curatorial services; and
Whereas, the Repository is desirous of obtaining, housing and maintaining
the Collection, and recognizes the benefits which will accrue to it,
the public and scientific interests by housing and maintaining the Collection
for study and other educational purposes; and
Whereas, the Parties hereto recognize the Federal Government's continued
ownership and control over the Collection and any other U.S. Government-owned
personal property, listed in Attachment B which is attached hereto and
made a part hereof, provided to the Repository, and the Federal Government's
responsibility to ensure that the Collection is suitably managed and
preserved for the public good; and
Whereas, the Parties hereto recognize the mutual benefits to be derived
by having the Collection suitably housed and maintained by the Repository;
Now Therefore, the Parties do mutually agree as follows:
1. The Repository shall:
a. Provide for the professional care and management of the Collection
from the (names of the prehistoric and historic resources) sites, assigned
(list site numbers) site numbers. The collections were recovered in
connection with the (name of the Federal or federally-authorized project)
project, located in (name of the nearest city or town), (name of the
county) county, in the State of (name of the State).
b. Perform all work necessary to protect the Collection in accordance
with the regulation 36 CFR part 79 for the curation of federally-owned
and administered archeological collections and the terms and conditions
stipulated in Attachment C to this Memorandum.
c. Assign as the Curator, the Collections Manager and the Conservator
having responsibility for the work under this Memorandum, persons who
are qualified museum professionals and whose expertise is appropriate
to the nature and content of the Collection.
d. Begin all work on or about (month, date and year) and continue for
a period of (number of years) years or until sooner terminated or revoked
in accordance with the terms set forth herein.
e. Provide and maintain a repository facility having requisite equipment,
space and adequate safeguards for the physical security and controlled
environment for the Collection and any other U.S. Government-owned personal
property in the possession of the Repository.
f. Not in any way adversely alter or deface any of the Collection except
as may be absolutely necessary in the course of stabilization, conservation,
scientific study, analysis and research. Any activity that will involve
the intentional destruction of any of the Collection must be approved
in advance and in writing by the Depositor.
g. Annually inspect the facilities, the Collection and any other U.S.
Government-owned personal property. Every (number of years) years inventory
the Collection and any other U.S. Government-owned personal property.
Perform only those conservation treatments as are absolutely necessary
to ensure the physical stability and integrity of the Collection, and
report the results of inventories, inspections and treatments to the
Depositor.
h. Within five (5) days of discovery, report all instances of and circumstances
surrounding loss of, deterioration and damage to, or destruction of
the Collection and any other U.S. Government-owned personal property
to the Depositor, and those actions taken to stabilize the Collection
and to correct any deficiencies in the physical plant or operating procedures
that may have contributed to the loss, deterioration, damage or destruction.
Any actions that will involve the repair and restoration of any of the
Collection and any other U.S. Government-owned personal property must
be approved in advance and in writing by the Depositor.
i. Review and approve or deny requests for access to or short-term loan
of the Collection (or a part thereof) for scientific, educational or
religious uses in accordance with the regulation 36 CFR part 79 for
the curation of federally- owned and administered archeological collections
and the terms and conditions stipulated in Attachment C of this Memorandum.
In addition, refer requests for consumptive uses of the Collection (or
a part thereof) to the Depositor for approval or denial.
j. Not mortgage, pledge, assign, repatriate, transfer, exchange, give,
sublet, discard or part with possession of any of the Collection or
any other U.S. Government-owned personal property in any manner to any
third party either directly or in-directly without the prior written
permission of the Depositor, and redirect any such request to the Depositor
for response. In addition, not take any action whereby any of the Collection
or any other U.S. Government- owned personal property shall or may be
encumbered, seized, taken in execution, sold, attached, lost, stolen,
destroyed or damaged.
2. The Depositor shall:
a. On or about (month, date and year), deliver or cause to be delivered
to the Repository the Collection, as described in Attachment A, and
any other U.S. Government-owned personal property, as described in Attachment
B.
b. Assign as the Depositor's Representative having full authority with
regard to this Memorandum, a person who meets pertinent professional
qualifications.
c. Every (number of years) years, jointly with the Repository's designated
representative, have the Depositor's Representative inspect and inventory
the Collection and any other U.S. Government-owned personal property,
and inspect the repository facility.
d. Review and approve or deny requests for consumptively using the Collection
(or a part thereof).
3. Removal of all or any portion of the Collection from the premises
of the Repository for scientific, educational or religious purposes
may be allowed only in accordance with the regulation 36 CFR part 79
for the curation of federally-owned and administered archeological collections;
the terms and conditions stipulated in Attachment C to this Memorandum;
any conditions for handling, packaging and transporting the Collection;
and other conditions that may be specified by the Repository to prevent
breakage, deterioration and contamination.
4. The Collection or portions thereof may be exhibited,
photographed or otherwise reproduced and studied in accordance with
the terms and conditions stipulated in Attachment C to this Memorandum.
All exhibits, reproductions and studies shall credit the Depositor,
and read as follows: "Courtesy of the (name of the Federal agency)."
The Repository agrees to provide the Depositor with copies of any resulting
publications.
5. The Repository shall maintain complete and accurate
records of the Collection and any other U.S. Government-owned personal
property, including information on the study, use, loan and location
of said Collection which has been removed from the premises of the Repository.
6. Upon execution by both parties, this Memorandum of Understanding
shall be effective on this (day) day of (month and year), and shall
remain in effect for (number of years) years, at which time it will
be reviewed, revised, as necessary, and reaffirmed or terminated. This
Memorandum may be revised or extended by mutual consent of both parties,
or by issuance of a written amendment signed and dated by both parties.
Either party may terminate this Memorandum by providing 90 days written
notice. Upon termination, the Repository shall return such Collection
and any other U.S. Government-owned personal property to the destination
directed by the Depositor and in such manner to preclude breakage, loss,
deterioration and contamination during handling, packaging and shipping,
and in accordance with other conditions specified in writing by the
Depositor. If the Repository terminates, or is in default of, this Memorandum,
the Repository shall fund the packaging and transportation costs. If
the Depositor terminates this Memorandum, the Depositor shall fund the
packaging and transportation costs.
7. Title to the Collection being cared for and maintained under this
Memorandum lies with the Federal Government.
In witness whereof, the Parties hereto have executed this Memorandum.
Signed: (signature of the Federal Agency Official)
Date: (date)
Signed: (signature of the Repository Official)
Date: (date)
Attachment A: Inventory of the Collection
Attachment B: Inventory of any other U.S. Government-owned Personal
Property
Attachment C: Terms and Conditions Required by the Depositor
Appendix
C to Part 79--Example of a Short-Term Loan Agreement for a Federally-
Owned Collection
SHORT-TERM LOAN AGREEMENT BETWEEN THE
(Name of the Repository)
AND THE
(Name of the Borrower)
The (name of the Repository), hereinafter called the
Repository, agrees to loan to (name of the Borrower), hereinafter called
the Borrower, certain artifacts, specimens and associated records, listed
in Attachment A, which were collected from the (name of the prehistoric
or historic resource) site which is assigned (list site number) site
number. The collection was recovered in connection with the (name of
the Federal or federally authorized project) project, located in (name
of the nearest city or town), (name of the county) county in the State
of (name of the State). The Collection is the property of the U.S. Government.
The artifacts, specimens and associated records are being loaned for
the purpose of (cite the purpose of the loan), beginning on (month,
day and year) and ending on (month, day and year).
During the term of the loan, the Borrower agrees to handle, package
and ship or transport the Collection in a manner that protects it from
breakage, loss, deterioration and contamination, in conformance with
the regulation 36 CFR part 79 for the curation of federally-owned and
administered archeological collections and the terms and conditions
stipulated in Attachment B to this loan agreement.
The Borrower agrees to assume full responsibility for insuring the Collection
or for providing funds for the repair or replacement of objects that
are damaged or lost during transit and while in the Borrower's possession.
Within five (5) days of discovery, the Borrower will notify the Repository
of instances and circumstances surrounding any loss of, deterioration
and damage to, or destruction of the Collection and will, at the direction
of the Repository, take steps to conserve damaged materials.
The Borrower agrees to acknowledge and credit the U.S. Government and
the Repository in any exhibits or publications resulting from the loan.
The credit line shall read as follows: "Courtesy of the (names
of the Federal agency and the Repository)." The Borrower agrees
to provide the Repository and the (name of the Federal agency) with
copies of any resulting publications.
Upon termination of this agreement, the Borrower agrees to properly
package and ship or transport the Collection to the Repository.
Either party may terminate this agreement, effective not less than (number
of days) days after receipt by the other party of written notice, without
further liability to either party.
Signed: (signature of the Repository Official)
Date: (date)
Signed: (signature of the Borrower)
Date: (date)
Attachment A: Inventory of the Objects being Loaned.
Attachment B: Terms and Conditions of the Loan.
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