Summary of Primary Requirements, Conditions and Standards Mandated for the Long-Term Care (Curation) of Museum Collections Objects Discovered on, or Excavated from, BLM-California Lands
March 8, 2016
In Reply Refer to:
8100 (CA930) P
EMS TRANSMISSION: 3/8/16
Information Bulletin No. CA-2016-007
To: All California Field Managers and District Managers
Attention: Field Office and District Office Cultural Staff
From: Deputy State Director, Resources
Subject: Summary of Primary Requirements, Conditions and Standards Mandated for the
Long-Term Care (Curation) of Museum Collections Objects Discovered on, or
Excavated from, BLM-California Lands
This summary of federal requirements, conditions and standards mandated for the curation of museum collections objects from BLM-California managed lands provides Field Offices consolidated information to use as a readily accessible reference tool.
The Bureau of Land Management – California (BLM or Bureau), like other federal agencies and offices, consults with a variety of outside entities (e.g., other agencies, Tribes, interest groups, public, etc.) but the treatment and disposition of museum objects discovered on BLM lands rests wholly with BLM. BLM must make decisions within the confines of a large body of federal law and regulation. There is a lack of discretionary prerogatives for agencies in the curation of museum property/collections as federal requirements/standards for the deposition and care of federal museum collections are clearly laid out.
Background
Museum collections are the material remains (and associated records) that were inadvertently discovered, or were collected, excavated or removed during a survey, project, excavation or other study of a prehistoric, historic, or paleontology resource that was located, at the time of collection, on Bureau managed lands. Museum collections are the property of the owner of the land at the time of excavation or collection and may not be loaned, donated, reproduced or disposed of without the property owner’s consent. Any museum collections objects discovered on federal land, including in rights-of-way or during permitted projects, are the property of the federal agency that manages the land. Archaeological/paleontological materials from federal land are public assets held in trust in perpetuity for current and future generations of all Americans. Artifacts from BLM public land are not trust assets, therefore, there is no trust responsibility nor special status authorized to any ethnic group regarding these materials, with the exception of affiliated tribes to Native American Graves Protection and Repatriation Act (NAGPRA) materials. Federal law and regulation, require federal collections be deposited in an established professional curation repository that can provide long term care (curation or curatorial services) and whose demonstrated mission is to house, preserve, document, research, interpret, and exhibit the material in trust for present and future generations. Curation facilities are independent entities that have their own policies, ethics, guidelines and practices that best reflect their community, goals and mission. Non-federal curation facilities or repositories may house and curate BLM collections only if they: meet federal, professional and scientific standards; have collections planning, policy and governance documents in place; possess permanent professional staff; can document a steady revenue stream sufficient for labor and operations and have a long-term commitment to curate federal collections, as well as, have no unacceptable policies or conditions.
Non-Federal Collections Repository Requirements
Repositories that hold collections may be federal or non-federal. Non-federal repositories might be an established; museum, university department, university laboratory, university museum, tribal museum, historical society, state or county cultural repository or state geological survey that meets federal standards. Standards to determine if a repository possesses the capability to provide adequate curatorial services may be found in Curation of Federally-Owned and Administered Archaeological Collections (36 CFR 79), Department of the Interior and BLM-California guidance and professional museum collections standards. The Bureau does not certify or approve non-federal curation facilities, BLM only assesses if repositories meet federal standards.
Status of Non-Federal Repositories: Non-federal repositories curating federal collections are not federal, federally approved, federally certified or federally recognized facilities. Using such titles or phrases is factually incorrect and could be construed as misrepresentation to create a perception of affiliation with a federal agency or that the federal government vetted or endorsed a repository. Non-federal repositories curating federal collections are repositories that curate federal collections.
Unacceptable Policies or Conditions: Repository policies or practices must be defined in the facilities’ planning and policy documents, as well as, everyday practice. If there are differences in policy or treatment of Bureau collections versus other collections, the differences must be spelled out in policy and planning documents. No Bureau collection may be curated in a repository that has policies or conditions that are inconsistent with applicable federal laws or authorities. The Bureau is prohibited from following such policies or conditions. Such requirements would also create unnecessary and unauthorized workloads and open BLM/permittees to unreasonable/unauthorized delays and/or litigation. Some unacceptable policies or conditions include:
-Permissions - No collections may be deposited in a repository that requires the
repository or BLM (or Permittee working on BLM land) to inform and/or receive
permission from any outside individual, interest or ethic group, including tribes, before
the repository will accept the collection or requiring/allowing input of such individuals or
groups into any phase of Bureau collection curation, research or access. Such conditions
are not acceptable as the collections are federal resources and the Bureau is the only
manager of such resources. No federal agency may assign, grant, transfer, contract or
abrogate the agency's responsibility for management decisions relating to federal
resources. Permission for loans, destructive/consumptive scientific analysis or casts
regarding a BLM collection must come from the Bureau e.g., the State Office Program
Lead for collections. Curation in a non-federal repository is only a limited
administrative function which BLM authorizes.
-Restricted Use or Access - No BLM collection may be deposited at a repository that
restricts appropriate professional use of, or access to, collections, or portions of
collections, to any individual or group of individuals based on their; race, ethnicity, color,
sex, age, creed, group affiliation, gender identity, sexual orientation, disability or
impairment as it would violate civil rights laws and restrict the mission of federal
collections. Collection access is ultimately at the discretion of the federal owner.
Documents generated from the research of these collections do not require federal or
repository approval as such a requirement would be a barrier to scientific research and
against scientific principles.
-Acceptance of Only Portions of a Collection – The Scope of Collections statement
defines what a repository will collect, it may be defined by a large geographic areas (e.g.,
a specific state or region of the country) or specific categories of collections (e.g.,
paleontology, archaeology, history, natural history). However, BLM collections may not
be deposited at repositories that only accept certain portions of a collection based on a
subdivision by type (e.g., only fossil birds, only pottery) or ethnicity (e.g., only Hispanic
materials, only materials from one Tribes’ ancestral area) or small geographic area or
portion of a site as it would divide and scatter collections from one site or project area
and create unnecessary workloads and delays for BLM, permittees and researchers.
-NAGPRA – BLM collections may not be placed in repositories that do not acknowledge
that NAGPRA responsibilities are held and executed by the federal agency that owns the
federal collection. Determinations of cultural affiliation (or non-affiliation) and the
transfer of custody of NAGPRA items from a federal collection is an inherently federal
function that cannot be contracted to a private entity or institution. Permission to view,
consultation on, or the transfer or repatriation of, any federal collections (material
remains or associated records) must come from the federal owner.
-Multiyear or Renewable Contracts – Collections may not be deposited in repositories
that require annual payments or require BLM to pay the repository on an ongoing basis.
Federal contracts are generally limited to one fiscal year. The one year limitation is the
result of the Anti-Deficiency Act (31 USC 1341) which prohibits an executive agency,
such as BLM, from making expenditures or incurring obligations in excess of available
appropriations, and from making a contract or obligation for the payment of money in
advance of appropriations, unless authorized by law. Curation costs are generally paid by
the proponent of a project, not BLM.
Requirements for Curation Agreements
Curation agreements may be the Curation Agreement Letters required to receive an authorized permit for activities on public lands, written by the curation repository to the entity carrying out the work that might result in a collection. Once a collection has been made and deposited in a curation repository, a Memorandum of Understanding is the agreement between BLM and the repository as to how BLM and the repository will interact and how the collection will be cared for.
-Curation Agreement Letters - A Curation Agreement Letter (Letter) clarifies and defines
the responsibilities of the parties prior to any collecting on BLM managed lands. A
Letter is one of the requirements for BLM Cultural Resources Use
(CRUP)/Archaeological Resources Protection Act (ARPA) Permits or Paleontological
Resource Use (PRUP) Permits. Even permits authorizing only survey and recordation
(no collection) require a Letter as it is always possible for circumstances to arise that
require collection; having an agreement in place will expedite the permittee's ability to
respond to these circumstances. Letters detail the responsibilities, services, costs and
understandings the non-federal curation repository has regarding the curation of historic,
prehistoric or paleontological materials (and associated documentation) originating from
projects, excavations or discoveries on BLM managed lands for the CRM firm, project
proponent or researcher (depositor). The Letter also details for BLM, where the
materials will be housed and the commitment of the repository to curate the materials
long-term to federal standards.
Curation Agreement Letters should be dated no more than 30 days prior to the
submission of permit application to the agency, on official repository letterhead, signed
by an authorized current staff of the repository with the signature and title of the
authorized individual. The Letter (or attachment to the letter, or reference to the
museum's requirements web page address) must specify the repository's curation
requirements of the depositor (e.g., how the material is to be delivered, boxed, labeled,
cataloged, scope of services, cost of each box or service, etc.). Additionally, the Letter
must state the length of time (no more than 3 years) the repository agrees to accept
collections from the depositor (e.g., how long the letter is valid), the name of the project
(if known) as well as, the fact the repository commits to maintain the confidentiality of
sensitive site data. A statement that the repository meets federal (36CFR79), professional
and scientific standards, acknowledgement BLM collections are owned by BLM in
perpetuity and a commitment by the repository to curate these BLM materials long-term
must be present as well.
-Memorandum of Understanding – A Memorandum of Understanding (MOU) for
curatorial services is between BLM and the curation repository and addresses; authorities
and standards, history, definitions, statement of agreement, special provisions and terms
and termination. The MOU minimally identifies the: BLM’s ownership of the materials
in perpetuity; responsibilities of the repository and BLM; term of the MOU and
procedures for changes; resource commitments (if any); use of the collections; special
procedures or restrictions; procedures for response to requests for study, analysis, casting,
loan, exhibition and consumptive uses; and, need for the repository to redirect requests
for transfer or repatriation of a BLM collection (or portion thereof) to BLM.
Additionally, agreement that the repository shall not transfer, repatriate, sell, trade or
discard a BLM collection (or portion thereof); and, the repository shall provide curatorial
services in accordance with federal standards is required.
Unacceptable BLM Policies or Conditions
No BLM manager or staff may accept collections or authorize the disposition of collections that is inconsistent with federal laws or authorities or carry fiscal, legal or management burdens that are not federal requirements, including:
-Appearance of Preference - Federal officials are prohibited from endorsing, favoring or
indicating a preference or bias (or influencing 3rd parties to do so) toward any private
contractor or service provider including one curation repository over another or one type
of curation repository over another. There are no preferred repositories, only those that
meet federal standards.
-Civil/Personal Exposure - Any BLM entity/individual approving the deposition of a
collection in a curation repository that does not meet federal standards or violates federal
mandates, may not only be in violation of federal law and regulation, they could be held
civilly and personally accountable should injury occur as a result of repository
deficiencies or loss of federal property (e.g., artifacts).
-Donations of Museum Collections to BLM – No donations of collections which
originated from non-BLM lands are acceptable, as they carry extensive fiscal, legal and
management responsibilities not mandated by federal law or regulation. Collections from
BLM lands cannot be donated as ownership already rests with BLM and can only be
accepted if there is clear provenience and can be documented to have originated from a
specific location on BLM lands. No donations of NAGPRA materials from non-BLM
lands are acceptable as; they are the property of the land owner, very sensitive and
subject to specific legal obligations by the land owner. NAGPRA materials from BLM
lands may be accepted only if there is clear provenience and can be documented to have
originated from a specific location on BLM lands.
Museum Curation Standards for Federal Collections
Museum standards encompass standards for: public trust and accountability; collections stewardship; education and interpretation; mission and planning; financial stability; leadership and organizational structure; and, facilities and risk management. Standards are accessible on the internet including:
Standards for US Government museum collections in 36 CFR 79, (sections 9, 10 &11)
Curation of Federally-Owned and Administered Archaeological Collections at:
https://www.law.cornell.edu/cfr/text/36/79
Standards for Department of the Interior museum collections:
https://www.doi.gov/museum/policy/Museum-Directives
Professional standards for museums:
https://www.aam-us.org/aboutmuseums/standards/stbp.cfm
Contact: For additional information or questions regarding this issue, please contact Dr. Stephanie Damadio, Senior Program Analyst, at sdamadio@blm.gov or (760) 668-8142.
Signed by:
Tom Pogacnik
DSD, Natural Resources
Authenticated by:
Richard A. Erickson
Records Management