---
kind: "section"
citation: "36 C.F.R. § 79.7"
title: "36"
number: "79.7"
heading: "Methods to fund curatorial services."
url: "https://uscodex.org/cfr/36/79.7"
---

# §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](/cfr/36/79.9.md) 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](/cfr/36/79.9.md) of this part;
  - (3) As authorized under section 110(g) of the National Historic Preservation Act ([16 U.S.C. 470h-2](/usc/16/470h-2.md)), 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. 470h-2](/usc/16/470h-2.md)), 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](/cfr/36/79.11.md) 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](/cfr/36/79.9.md) of this part, either:
    - (i) Providing such funds or services as may be agreed upon pursuant to [§ 79.5(a)(1)](/cfr/36/79.5.md?p=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. 470h-2](/usc/16/470h-2.md)) and section 208(2) of the National Historic Preservation Act Amendments ([16 U.S.C. 469c-2](/usc/16/469c-2.md)), 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](/usc/16/431-433.md)) or the Archaeological Resources Protection Act ([16 U.S.C. 470aa-mm](/usc/16/470aa-mm.md)). 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. 469c](/usc/16/469c.md)), as authorized under section 208(3) of the National Historic Preservation Act Amendments ([16 U.S.C. 469c-2](/usc/16/469c-2.md)), 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.

## Notes

### Amendments

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 12, 1990]

### Authority

Authority: 16 U.S.C. 470aa-mm, 54 U.S.C. 300101 et seq.

### Source

Source: 55 FR 37630, Sept. 12, 1990, unless otherwise noted.

### Amendments

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 12, 1990]