140
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LEGISLACION EN AMERICA
141
LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
agency with comparable historic property, if the agency head determines that the lease or exchange will
adequately insure the preservation of the historic property.
16 U.S.C. 470h-3(b) — Use of proceeds
(b) The proceeds of any lease under subsection
(a) of this section may, notwithstanding any other provision of law, be retained by the agency entering
into such lease and used to defray the costs of administration, maintenance, repair, and related expenses
incurred by the agency with respect to such property or other properties which are on the National Reg-
ister which are owned by, or are under the jurisdiction or control of, such agency. Any surplus proceeds
from such leases shall be deposited into the Treasury of the United States at the end of the second fiscal
year following the fiscal year in which such proceeds were received.
16 U.S.C. 470h-3(c) —Management con-tracts
(c) The head of any Federal agency having responsibility for the management of any historic property
may, after consultation with the Advisory Council on Historic Preservation, enter into contracts for the
management of such property. Any such contract shall contain such terms and conditions as the head
of such agency deems necessary or appropriate to protect the interests of the United States and insure
adequate preservation of historic property.
Section 112
16 U.S.C. 470h-4(a) — Each Federal agency is to protect historic resources through professionalism of
employees and contractors
(a) Each Federal agency that is responsible for the protection of historic resources, including archaeologi-
cal resources pursuant to this Act 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, architec-
ture, 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 pro-
fessional societies of the disciplines involved.The Office of Personnel Management shall revise qualification
standards within 2 years after October 30, 1992, [the date of enactment of the 1992 Amendments to this Act]
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.
Maintaining permanent databases
(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.
16 U.S.C. 470h-4(b) — Secretary to promulgate guidelines to owners about protecting and preserving
historic resources
(b) 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 Act include plans to —
(1) provide information to the owners of properties containing historic (including architectural, curato-
rial, 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 re-
sources information on the tax and grant assistance available for the donation of the resources or of a
preservation easement of the resources;
Encourage protection of Native American cultural items and properties
(3) encourage the protection of Native American cultural items (within the meaning of section 2 (3) and
(9) of the Native American Grave Protection and Repatriation Act (25 U.S.C. 3001 (3) and (9))) and of prop-
erties of religious or cultural importance to Indian tribes, Native Hawaiians, or other Native American
groups; and [Conduct archeological excavations to meet Federal standards, allow access to artifacts for
research, consult with Indian tribe or Native Hawaiian organization if related items likely]
(4) encourage owners who are undertaking archaeological excavations to —
(A) conduct excavations and analyses that meet standards for federally-sponsored excavations estab-
lished 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 3(a)(2) (B) or (C) of the Native American Grave
Protection and Repatriation Act (25 U.S.C. 3002(a)(2) (B) and (C)), given notice to and consult with such
Indian tribe or Native Hawaiian organization.
Section 113
16 U.S.C. 470h-5(a) — Study to report ways to control illegal trafficking in
(a) In order to help control illegal interstate and international traffic in antiquities, including archaeologi-
cal, curatorial, and architectural objects, and historical documents of all kinds, the Secretary shall study
and report on the suitability and feasibility of alternatives for controlling illegal interstate and interna-
tional traffic in antiquities.
16 U.S.C. 470h-5(b) — Consultation
(b) In conducting the study described in subsection
(a) of this section the Secretary shall consult with the Council and other Federal agencies that conduct,
cause to be conducted, or permit archaeological surveys or excavations or that have responsibilities for
other kinds of antiquities and with State Historic Preservation Officers, archaeological, architectural,
historical, conservation, and curatorial organizations, Indian tribes, Native Hawaiian organizations, and
other Native American organizations, international organizations and other interested persons.
16 U.S.C. 470h-5(c) — Report
(c) Not later than 18 months after October 30, 1992 [the date of enactment of this section], the Secretary
shall submit to Congress a report detailing the Secretary’s findings and recommendations from the
study described in subsection (a) of this section.
16 U.S.C. 470h-5(d) — Funding authorization
(d) There are authorized to be appropriated not more than $500,000 for the study described in subsec-
tion (a) of this section, such sums to remain available until expended.
Title II
Section 201
16 U.S.C. 470i(a) — Advisory Council on Historic Preservation; membership
(a) There is established as an independent agency of the United States Government an Advisory Council
on Historic Preservation which shall be composed of the following members: (1) a Chairman appointed
by the President selected from the general public; (2) the Secretary of the Interior;
