[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR79.5]

[Page 415-416]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 79--CURATION OF FEDERALLY-OWNED AND ADMINISTERED ARCHAEOLOGICAL 
COLLECTIONS--Table of Contents
 
Sec. 79.5  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 Sec. 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 Sec. 79.9 of this part, the Federal 
Agency Official may either:
    (1) Enter into or amend an existing contract, memorandum, agreement 
or

[[Page 416]]

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 Sec. 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 Sec. 79.11 of this part; and
    (6) Any subsequent permanent transfer of the collection (or a part 
thereof) to another repository.