§ 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 § 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 § 79.9 of this part;
( 3 ) As authorized under section 110(g) of the National Historic Preservation Act (16 U.S.C. 470 h -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. 470 h -2), reimbursing a State agency 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 § 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 § 79.9 of this part, either: ( i ) Providing such funds or services as may be agreed upon pursuant to § 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. 470 h -2) and section 208(2) of the National Historic Preservation Act Amendments (16 U.S.C. 469 c -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. 470 *aa-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. 469 *c*), as authorized under section 208(3) of the National Historic Preservation Act Amendments (16 U.S.C. 469 c -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.
[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 12, 1990]