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54 U.S.C. § 306131 — Standards and guidelines

Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 306131 — Standards and guidelines

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Source location: Title 54, Chapter 3061, § 306131; chapter-3061-chapter-3061.md

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**(a) Standards.—** (1) **In general.—** — Each Federal agency that is responsible for the protection of historic property (including archeological property) pursuant to this division or any other law shall ensure that— (A) all actions taken by employees or contractors of the agency meet professional standards under regulations developed by the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of archeology, architecture, conservation, history, landscape architecture, and planning; (B) agency personnel or contractors responsible for historic property meet qualification standards established by the Office of Personnel Management in consultation with the Secretary and appropriate professional societies of archeology, architecture, conservation, curation, history, landscape architecture, and planning; and (C) records and other data, including data produced by historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to such regulations as the Secretary shall promulgate. (2) **Considerations.—** — The standards referred to in paragraph (1)(B) shall consider the particular skills and expertise needed for the preservation of historic property and shall be equivalent requirements for the disciplines involved. (3) **Revision.—** — The Office of Personnel Management shall revise qualification standards for the disciplines involved. **(b) Guidelines.—** To promote the preservation of historic property eligible for listing on 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 division include plans to— (1) provide information to the owners of historic property (including architectural, curatorial, and archeological property) with demonstrated or likely research significance, about the need for protection of the historic property, and the available means of protection; (2) encourage owners to preserve historic property intact and in place and offer the owners of historic property information on the tax and grant assistance available for the donation of the historic property or of a preservation easement of the historic property; (3) encourage the protection of Native American cultural items (within the meaning of section 2 of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim))) and of property of religious or cultural importance to Indian tribes, Native Hawaiian organizations, or other Native American groups; and (4) encourage owners that are undertaking archeological 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 subparagraph (B) or (C) of section 3(a)(2) of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3002(a)(2)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3002/a/2/B&num=0&edition=prelim), (C)), give notice to and consult with the Indian tribe or Native Hawaiian organization.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3001 — Definitions

For purposes of this chapter, the term— (1) “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited. (2) “cultural affiliation” means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group. (3) “cultural items” means human remains and— (A) “associated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects.11 So in original. The period probably should be a comma. (B) “unassociated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, where the remains are not in the possession or control of the Federal agency or museum and the objects can be identified by a preponderance of the evidence as related to specific individuals or families or to known human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe, (C) “sacred objects” which

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 470h–4 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 89–665, title I, § 110, as added Pub. L. 96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996; amended Pub. L. 102–575, title XL, §§ 4006(b), 4012, Oct. 30, 1992, 106 Stat. 4757, 4760; Pub. L. 106–208, §§ 4, 5(a)(8), May 26, 2000, 114 Stat. 318, 319; Pub. L. 108–352, § 13, Oct. 21, 2004, 118 Stat. 1397, related to historic properties owned or controlled by Federal agencies. See sections 306101 to 306107 and 306109 to 306114 of Title 54, National Park Service and Related Programs.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 470i — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 89–665, title I, § 112, as added Pub. L. 102–575, title XL, § 4014, Oct. 30, 1992, 106 Stat. 4761; amended Pub. L. 106–208, § 5(a)(9), May 26, 2000, 114 Stat. 319, related to professional standards. See [section 306131 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306131&num=0&edition=prelim), National Park Service and Related Programs.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3001 — Definitions

Page 529 TITLE 25—INDIANS § 3001 1 So in original. The period probably should be a comma. (f) Outreach and engagement (1) In general The Secretary shall carry out outreach and engagement activities to provide Indian tribes, Native American language commu- nities, and the public information about— (A) opportunities to provide input on the development and design of each survey under subsection (a), including information on the consultations required under sub- section (c); (B) the goals and purpose of the surveys conducted under subsection (a); and (C) the benefits and importance of partici- pation in surveys under subsection (a). (2) Grants, contracts, and cooperative agree- ments authorized The Secretary may carry out the outreach and engagement activities required under paragraph (1)— (A) directly; (B) in partnership with the Bureau of the Census; or (C) through grants to, or contracts or co- operative agreements with— (i) Indian tribes; (ii) tribal organizations; and (iii) nonprofit organizations that work with Indian tribes, Native American lan- guage programs, and Native American lan- guage communities. (g) Limitation Nothing in this section requires an Indian tribe, Native American language community, or Native American language speaker— (1) to participate in a survey under sub- section (a); or (2) to provide specific or culturally sensitive information in completing such a survey. (h) Availability of survey materials and findings (1) In general Not later than 1 year after January 5, 2023, and prior to conducting each survey under subsection (a), the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committees on Education and Labor and Natural Resources of the House of Rep- resentatives, and make

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3002 — Ownership

**(a) Native American human remains and objects** The ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, shall be (with priority given in the order listed)— (1) in the case of Native American human remains and associated funerary objects, in the lineal descendants of the Native American; or (2) in any case in which such lineal descendants cannot be ascertained, and in the case of unassociated funerary objects, sacred objects, and objects of cultural patrimony— (A) in the Indian tribe or Native Hawaiian organization on whose tribal land such objects or remains were discovered; (B) in the Indian tribe or Native Hawaiian organization which has the closest cultural affiliation with such remains or objects and which, upon notice, states a claim for such remains or objects; or (C) if the cultural affiliation of the objects cannot be reasonably ascertained and if the objects were discovered on Federal land that is recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims as the aboriginal land of some Indian tribe— (1) in the Indian tribe that is recognized as aboriginally occupying the area in which the objects were discovered, if upon notice, such tribe states a claim for such remains or objects, or (2) if it can be shown by a preponderance of the evidence that a different tribe has a stronger cultural relationship with the remains or objects than the tribe or organization specified in paragraph (1), in the Indian tribe that has the strongest demonstrated relationship, if upon notice, such tribe states a claim for such remains or objects. **(b) Unclaimed Native American human remains and objects** Native American cultural items not c

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3002 — Ownership

Page 531 TITLE 25—INDIANS § 3002 The Alaska Native Claims Settlement Act, referred to in par. (7), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Hawaiian Homes Commission Act, 1920, referred to in par. (15)(C), is act July 9, 1921, ch. 42, 42 Stat. 108, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code. Section 4 of Public Law 86–3, referred to in par. (15)(C), is section 4 of Pub. L. 86–3, which is set out as a note preceding section 491 of Title 48. AMENDMENTS 1992—Par. (13). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. SHORT TITLE Pub. L. 101–601, § 1, Nov. 16, 1990, 104 Stat. 3048, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 1170 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Native American Graves Protec- tion and Repatriation Act’.’’ § 3002. Ownership (a) Native American human remains and objects The ownership or control of Native American cultural items which are excavated or discov- ered on Federal or tribal lands after November 16, 1990, shall be (with priority given in the order listed)— (1) in the case of Native American human re- mains and associated funerary objects, in the lineal descenda

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