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

(a) Standards. (1) In general. Each federal agency responsible for protecting historic property, including archeological property, under this division or any other law must make sure that (A) everything its employees or contractors do meets professional standards set out in regulations the Secretary writes together with the Council, other affected agencies, and professional societies in archeology, architecture, conservation, history, landscape architecture, and planning; (B) agency personnel or contractors responsible for historic property meet qualification standards set by the Office of Personnel Management, working with the Secretary and professional societies in archeology, architecture, conservation, curation, history, landscape architecture, and planning; and (C) records and data — including data from historical research and archeological surveys and digs — are kept permanently in proper databases and made available to people who want to use them, following regulations the Secretary issues. (2) Considerations. The qualification standards in paragraph (1)(B) must take into account the particular skills and expertise needed to preserve historic property, and must set equal requirements across the different disciplines involved. (3) Revision. The Office of Personnel Management must update the qualification standards for these disciplines. (b) Guidelines. To help preserve historic property that could be listed on the National Register, the Secretary, working with the Council, must issue guidelines making sure that federal, state, and tribal historic preservation programs covered by this division include plans to (1) tell owners of historic property — including architectural, curatorial, and archeological property — that has real or likely research value, why it needs protection and how it can be protected; (2) encourage owners to keep historic property whole and in its original location, and tell them about tax breaks and grants available if they donate the property or a preservation easement on it; (3) encourage protecting Native American cultural items, as defined in the Native American Graves Protection and Repatriation Act, along with property that Indian tribes, Native Hawaiian organizations, or other Native American groups consider religiously or culturally important; and (4) encourage owners who are doing archeological digs to (A) run their excavations and analysis to the same standards the Secretary sets for federally sponsored digs; (B) donate or lend research-significant artifacts to an appropriate research institution; (C) let researchers access those artifacts; and (D) before digging up or disposing of a Native American cultural item that an Indian tribe or Native Hawaiian organization may have an interest in, notify and consult with that tribe or organization.