54 U.S.C. § 306131: Standards and guidelines

Summary

Require each Federal agency that protects historic or archaeological property to make sure its work follows professional rules set by the Secretary after talking with the Council, other agencies, and the right professional groups. Agencies must hire or use contractors who meet qualification rules set by the Office of Personnel Management, developed with the Secretary and professional societies. Agencies must keep records and research data forever in proper databases and make them available under the Secretary’s rules. The qualification rules must reflect the specific skills needed and be equivalent across disciplines, and OPM must update those standards. Require the Secretary, with the Council, to create guidelines so Federal, State, and tribal preservation programs include plans to tell owners of research‑important historic property about protection options; encourage keeping property in place and explain tax or grant help for donations or preservation easements; promote protection of Native American cultural items (as defined in 25 U.S.C. 3001) and property important to Indian tribes or Native Hawaiian organizations; and encourage owners doing archaeological digs to follow federal excavation standards, donate or lend significant artifacts to research institutions, allow research access, and notify and consult tribes or Native Hawaiian organizations before excavating or disposing of items they may claim under 25 U.S.C. 3002(a)(2)(B),(C).

Title 54, §306131

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)Standards.—

(1)In general.—

Each Federal agency that is responsible for the protection of historic property (including archeological property) pursuant to this division or any other law shall ensure that—

(A)all actions taken by employees or contractors of the agency meet professional standards under regulations developed by the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of archeology, architecture, conservation, history, landscape architecture, and planning;

(B)agency personnel or contractors responsible for historic property meet qualification standards established by the Office of Personnel Management in consultation with the Secretary and appropriate professional societies of archeology, architecture, conservation, curation, history, landscape architecture, and planning; and

(C)records and other data, including data produced by historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to such regulations as the Secretary shall promulgate.

(2)Considerations.—

The standards referred to in paragraph (1)(B) shall consider the particular skills and expertise needed for the preservation of historic property and shall be equivalent requirements for the disciplines involved.

(3)Revision.—

The Office of Personnel Management shall revise qualification standards for the disciplines involved.

(b)Guidelines.—

To promote the preservation of historic property eligible for listing on the National Register, the Secretary shall, in consultation with the Council, promulgate guidelines to ensure that Federal, State, and tribal historic preservation programs subject to this division include plans to—

(1)provide information to the owners of historic property (including architectural, curatorial, and archeological property) with demonstrated or likely research significance, about the need for protection of the historic property, and the available means of protection;

(2)encourage owners to preserve historic property intact and in place and offer the owners of historic property information on the tax and grant assistance available for the donation of the historic property or of a preservation easement of the historic property;

(3)encourage the protection of Native American cultural items (within the meaning of section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)) and of property of religious or cultural importance to Indian tribes, Native Hawaiian organizations, or other Native American groups; and

(4)encourage owners that are undertaking archeological excavations to—

(A)conduct excavations and analyses that meet standards for federally-sponsored excavations established by the Secretary;

(B)donate or lend artifacts of research significance to an appropriate research institution;

(C)allow access to artifacts for research purposes; and

(D)prior to excavating or disposing of a Native American cultural item in which an Indian tribe or Native Hawaiian organization may have an interest under subparagraph (B) or (C) of section 3(a)(2) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and consult with the Indian tribe or Native Hawaiian organization.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30613116 U.S.C. 470h–4.Pub. L. 89–665, title I, § 112, as added Pub. L. 102–575, title XL, § 4014, Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106–208, § 5(a)(9), May 26, 2000, 114 Stat. 319. In subparagraphs (A) and (B) of subsection (a)(1), the words “the disciplines involved, specifically” are omitted as unnecessary. In subsection (a)(3), the words “within 2 years after October 20, 1992” are omitted as obsolete. In subsection (b)(1), the word “property” is substituted for “resources” for consistency because the defined term in the new division is “property”.

Editorial Notes

Amendments

2016—Subsec. (a)(3). Pub. L. 114–289 substituted “Office of Personnel Management” for “Office of Management and Budget”.

§306131 Standards and Guidelines