Review a historic-property and cultural-items analysis for a federal undertaking
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Index the draft against two questions: the effect of a federal or federally assisted or licensed undertaking on a historic property, and whether excavation of Native American cultural items on federal or tribal land is proposed. Write no conclusion.
- What the lawyer must review
- 54 USC section 306108 requires the head of a federal agency with jurisdiction over a federal or federally assisted undertaking, and the head of an agency that licenses an undertaking, to take into account the effect on any historic property before approving the expenditure or the licence, and to give the Advisory Council on Historic Preservation a reasonable opportunity to comment. "Historic property" in that section replaces the longer National Register phrase because of the definition in section 300308. Separately, 25 USC section 3002 gives an ownership order for Native American cultural items excavated or discovered on federal or tribal lands after 16 November 1990, and it permits intentional excavation or removal only if the conditions in subsection (c) are met. There is no Native Title Act equivalent. Do not import Australian cultural-heritage permit names. Opinion 512 and Model Rule 1.6: keep culturally sensitive material out of a public tool.
- Written for / version
- United States versionUSAU
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information and preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.