CITE

    16 USC Sec. 470h-4                                          01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
    SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION
    Part A - Programs

HEAD

    Sec. 470h-4. Professional standards

STATUTE

    (a) In general
      Each Federal agency that is responsible for the protection of
    historic resources, including archaeological resources pursuant to
    this subchapter or any other law shall ensure each of the following
    -
        (1)(A) All actions taken by employees or contractors of such
      agency shall meet professional standards under regulations
      developed by the Secretary in consultation with the Council,
      other affected agencies, and the appropriate professional
      societies of the disciplines involved, specifically archaeology,
      architecture, conservation, history, landscape architecture, and
      planning.
        (B) Agency personnel or contractors responsible for historic
      resources shall meet qualification standards established by the
      Office of Personnel Management in consultation with the Secretary
      and appropriate professional societies of the disciplines
      involved. The Office of Personnel Management shall revise
      qualification standards within 2 years after October 30, 1992,
      for the disciplines involved, specifically archaeology,
      architecture, conservation, curation, history, landscape
      architecture, and planning. Such standards shall consider the
      particular skills and expertise needed for the preservation of
      historic resources and shall be equivalent requirements for the
      disciplines involved.
        (2) Records and other data, including data produced by
      historical research and archaeological surveys and excavations
      are permanently maintained in appropriate data bases and made
      available to potential users pursuant to such regulations as the
      Secretary shall promulgate.
    (b) Guidelines
      In order to promote the preservation of historic resources on
    properties eligible for listing in 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 subchapter include plans to -
        (1) provide information to the owners of properties containing
      historic (including architectural, curatorial, and
      archaeological) resources with demonstrated or likely research
      significance, about the need for protection of such resources,
      and the available means of protection;
        (2) encourage owners to preserve such resources intact and in
      place and offer the owners of such resources information on the
      tax and grant assistance available for the donation of the
      resources or of a preservation easement of the resources;
        (3) encourage the protection of Native American cultural items
      (within the meaning of section 3001(3) and (9) of title 25) and
      of properties of religious or cultural importance to Indian
      tribes, Native Hawaiians, or other Native American groups; and
        (4) encourage owners who are undertaking archaeological
      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 section 3002(a)(2)(B)
        or (C) of title 25, given (!1) notice to and consult with such
        Indian tribe or Native Hawaiian organization.

SOURCE

    (Pub. L. 89-665, title I, Sec. 112, as added Pub. L. 102-575, title
    XL, Sec. 4014, Oct. 30, 1992, 106 Stat. 4761; amended Pub. L. 106-
    208, Sec. 5(a)(9), May 26, 2000, 114 Stat. 319.)

CODIFICATION

      October 30, 1992, referred to in subsec. (a)(1)(B), was in the
    original "the date of enactment of this Act" which was translated
    as meaning the date of enactment of Pub. L. 102-575 which enacted
    this section, to reflect the probable intent of Congress.

AMENDMENTS

      2000 - Subsec. (b)(3). Pub. L. 106-208 inserted closing
    parenthesis after "title 25".

FOOTNOTE

    (!1) So in original. Probably should be "give".