[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: 36CFR79.8]

[Page 418-419]
 
              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. 79.8  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;

[[Page 419]]

    (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 Sec. -.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 
Sec. 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.

[[Page 420]]