National Park Service Finalizes Disposition Rule for Material Determined to be of Insufficient Archeological Interest

WASHINGTON - The National Park Service (NPS) has finalized a rule to allow deaccessioning of federally owned archeological items determined to be of insufficient national archeological interest. The rules amends Code of Federal Regulations Chapter 36 part 79.

Federal agencies, including the NPS, are responsible for millions of archeological objects around the nation. The rule will assist federal agencies in their stewardship of archeological collections which they curate on behalf of the American public.

The new rule provides agencies with a rigorous procedure to remove from collections a limited number of particular material remains that are determined to be "of insufficient archeological interest" by meeting very specific criteria. No human remains or cultural items as defined in the Native American Graves Protection and Repatriation Act (NAGPRA) may be disposed of under this rule.

Objects for disposition under the rule must be archeological "material remains.'' Examples include brick fragments retained from an excavation or soil samples that have become contaminated.

The rule will improve the cost-effectiveness of caring for federal collections. It includes a number of safeguards for protection of objects, including consultation with a Collections Advisory Committee, that may include a representative appointed by a federally-recognized tribe; notification of interested parties, including State and Tribal Historic Preservation offices and interested universities; and publishing detailed information about the proposed disposition in the Federal Register. Deaccessioned objects are not to be sold or traded as commercial goods.

The final rule was published in the Federal Register on April 15, 2022. It goes into effect on May 16, 2022.