§ 79.11. Conduct of inspections and inventories.

1,028 words·~5 min read·/us/cfr/t36/s§ 79.11·

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(a)The inspections and inventories specified in this section shall be conducted periodically in accordance with the Federal Property and Administrative Services Act (40 U.S.C. 484), its implementing regulation (41 CFR part 101), any agency-specific regulations on the management of Federal property, and any agency-specific statutes and regulations on the management of museum collections.

(b)Consistent with paragraph

(a)of this section, the Federal Agency Official shall ensure that the Repository Official:

(1)Provides the Federal Agency Official and, when the collection is from Indian lands, the Indian landowner and the Tribal Official of the Indian tribe that has jurisdiction over the lands with a copy of the catalog list of the contents of the collection received and accessioned by the repository;

(2)Provides the Federal Agency Official will a list of any other U.S. Government-owned personal property received by the repository;

(3)Periodically inspects the physical plant for the purpose of monitoring the physical security and environmental control measures;

(4)Periodically inspects the collection for the purposes of assessing the condition of the material remains and associated records, and of monitoring those remains and records for possible deterioration and damage;

(5)Periodically inventories the collection by accession, lot or catalog record for the purpose of verifying the location of the material remains and associated records;

(6)Periodically inventories any other U.S. Government-owned personal property in the possession of the repository;

(7)Has qualified museum professionals conduct the inspections and inventories;

(8)Following each inspection and inventory, prepares and provides the Federal Agency Official with a written report of the results of the inspection and inventory, including the status of the collection, treatments completed and recommendations for additional treatments. When the collection is from Indian lands, the Indian landowner and the Tribal Official of the Indian tribe that has jurisdiction over the lands shall also be provided with a copy of the report;

(9)Within five

(5)days of the discovery of any loss or theft of, deterioration and damage to, or destruction of the collection (or a part thereof) or any other U.S. Government-owned personal property, prepares and provides the Federal Agency Official with a written notification of the circumstances surrounding the loss, theft, deterioration, damage or destruction. When the collection is from Indian lands, the Indian landowner and the Tribal Official of the Indian tribe that has jurisdiction over the lands shall also be provided with a copy of the notification; and

(10)Makes the repository, the collection and any other U.S. Government-owned personal property available for periodic inspection by the:

(i)Federal Agency Official;

(ii)When the collection is from Indian lands, the Indian landowner and the Tribal Official of the Indian tribe that has jurisdiction over the lands; and

(iii)When the collection contains religious remains, the Indian tribal elders, religious leaders, and other officials representing the Indian tribe or other group for which the remains have religious or sacred importance.

(c)Consistent with paragraph

(a)of this section, the Federal Agency Official shall have qualified Federal agency professionals:

(1)Investigate reports of a lost, stolen, deteriorated, damaged or destroyed collection (or a part thereof) or any other U.S. Government-owned personal property; and

(2)Periodically inspect the repository, the collection and any other U.S. Government-owned personal property for the purposes of:

(i)Determining whether the repository is in compliance with the minimum standards set forth in § 79.9 of this part; and

(ii)Evaluating the performance of the repository in providing curatorial services under any contract, memorandum, agreement or other appropriate written instrument.

(d)The frequency and methods for conducting and documenting inspections and inventories stipulated in this section shall be mutually agreed upon, in writing, by the Federal Agency Official and the Repository Official, and be appropriate to the nature and content of the collection:

(1)Collections from Indian lands shall be inspected and inventoried in accordance with such terms and conditions as may be requested by the Indian landowner and the Indian tribe having jurisdiction over the lands.

(2)Religious remains in collections from public lands shall be inspected and inventoried in accordance with such terms and conditions as may have been developed pursuant to § -.7 of uniform regulations 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229.

(3)Material remains and records of a fragile or perishable nature should be inspected for deterioration and damage on a more frequent basis than lithic or more stable remains or records.

(4)Because frequent handling will accelerate the breakdown of fragile materials, material remains and records should be viewed but handled as little as possible during inspections and inventories.

(5)Material remains and records of a valuable nature should be inventoried on a more frequent basis than other less valuable remains or records.

(6)Persons such as those listed in § 79.6(c) of this part who have expertise in the management and preservation of similar collections should be able to provide advice to the Federal Agency Official concerning the appropriate frequency and methods for conducting inspections and inventories of a particular collection.

(e)Consistent with the Single Audit Act (31 U.S.C. 75), when two or more Federal agencies deposit collections in the same repository, the Federal Agency Officials should enter into an interagency agreement for the purposes of:

(1)Requesting the Repository Official to coordinate the inspections and inventories, stipulated in paragraph

(b)of this section, for each of the collections;

(2)Designating one or more qualified Federal agency professionals to:

(i)Conduct inspections, stipulated in paragraph (c)(2) of this section, on behalf of the other agencies; and

(ii)Following each inspection, prepare and distribute to each Federal Agency Official a written report of findings, including an evaluation of performance and recommendations to correct any deficiencies and resolve any problems that were identified. When the collection is from Indian lands, the Indian landowner and the Tribal Official of the Indian tribe that has jurisdiction over the lands shall also be provided with a copy of the report; and

(3)Ensuring consistency in the conduct of inspections and inventories conducted pursuant to this section. \[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 12, 1990\]

Connections7 off-index

7 references not yet in our index

40 USC 484
41 CFR 101
43 CFR 7
36 CFR 296
18 CFR 1312
32 CFR 229
31 USC 75

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cites case law

§ 79.11

Conduct of inspections and inventories.

Cite40 USC 484

Cite41 CFR 101

Cite43 CFR 7

Cite36 CFR 296

Cite18 CFR 1312

Cites 7 · showing 5Cited by 0 across 0 sources