
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC470h-4]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                            Part A--Programs
 
Sec. 470h-4. Professional standards


(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 notice to and consult with such Indian 
        tribe or Native Hawaiian organization.

(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''.
