Introduction

As an office within the Department of Natural and Cultural Resources (DNCR), the Office of State Archaeology (OSA) is the state agency responsible for preservation of North Carolina’s archaeological collections and associated documentation. To ensure availability for researchers and the public, archaeological collections and records should be acquired, processed, stored, and handled in ways that will contribute to their long-term preservation.

The OSA has a stewardship responsibility for archaeological materials owned or maintained by the department. Artifact collections have been donated by individual collectors, institutions, agencies, and corporations, or acquired through DNCR activities and Section 106 compliance work. Collections may be on indefinite, long-term loan to the OSA through interagency agreements with other state or federal agencies having statutory or regulatory control over artifacts and records. Collections are permanently curated at the Office of State Archaeology Research Center (OSARC), a specially designed facility intended for the archival curation and management of North Carolina’s archaeological collections.

A main goal for OSARC collections management is to work with agencies to achieve OSA system compatibility for newly acquired collections, and to help these agencies organize older collections to meet professional standards like those detailed in these guidelines. Collections donated from private or corporate sources can also be accommodated by the OSA, thus adding to the state’s inventory of prehistoric and historic archaeological research materials.

This part of the guidelines instructs state and federal agencies, private consulting firms, museums, and individuals on how prehistoric and historic archaeological materials and associated records should be preserved for curation at the OSA. Collections are frequently recovered under the authority of various laws, including state laws such as the North Carolina Archives and History Act (G.S.121); the Public Records Act (G.S.132); the Indian Antiquities, Archaeological Resources, Unmarked Human Skeletal Remains Protection, and Archaeological Record Program Acts (G.S.70); and the Transportation Act (G.S.136); and federal laws such as the Antiquities Act (16 U.S.C. 431-433); the Archeological and Historic Preservation Act (16 U.S.C. 469-469c); Sections 106 and 110 of the National Historic Preservation Act (54 U.S.C. 300101 et seq.); the Archeological Resource Protection Act (16 U.S.C. 470aa-mm); and the Native American Graves Protection and Repatriation Act (P.L. 101-601).

These instructions apply to archaeological collections of statewide significance held by the OSA on behalf of the DNCR. They are consistent with the Standards and Guidelines for Curation of Federally Owned and Administered Archeological Collections (36 CFR 79) promulgated by the National Park Service. Definitions included in the federal rule (36 CFR 79.4) are incorporated by reference.

These procedures should be followed in preparing artifact collections and documentation for submission to the OSA. Please note that requirements apply equally to artifact collections and to related records such as field notes, drawings, maps, photographs, artifact inventories, and similar forms of documentation.

Archaeological collections submitted to the OSA for long-term (“in perpetuity”) curation must conform to the following instructions. Variations or exceptions to the requirements must be approved in advance. Potential depositors should email the OSARC Laboratory Supervisor for information at any stage in the planning or execution of a project. Questions on conservation will be answered by the Laboratory Supervisor. Consultations are encouraged at all phases of research, from preliminary planning to fieldwork to analysis, because experience has shown this practice to be beneficial and cost-effective for both the depositors and the OSA.

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Collection Submission

To request submission of a collection to the OSARC, email osa.curation@dncr.nc.gov with details of the collection. Decisions on the acceptance of collections will be made in writing by the State Archaeologist or their designee (North Carolina Administrative Code T07:04R.0803). After a request has been approved, the Laboratory Supervisor will provide an Incoming Collections Form that should be completed and returned prior to collection submission.

Responsibilities

The cleaning, sorting, cataloging, documenting, conserving, and packaging of archaeological materials are the responsibilities of the depositor. Collections accessioned into the permanent collections of the OSA must conform to the following instructions.

Costs of specialized analyses involving such materials that are part of regulatory compliance reports, and which precede acceptance of collections by the OSA, are the responsibility of the individual or agency.

Ownership

Materials recovered from private lands must be accompanied by an agreement signed by the landowner stating that the materials recovered from the subject property have been permanently donated for curation to the State of North Carolina. A Deed of Gift form must accompany all collections.

Federal or state agencies wishing to donate or loan collections from projects they have undertaken should submit cover letters addressed to the OSA Laboratory Supervisor stating those intentions. These communications must precede the actual transfer of collections by at least one month and include or reference the terms of agreements reached with the OSA for permanent care of the materials (cf. 36 CFR 79.8).

Curation Fees

The OSARC charges fees for curation services at $200.00 per cubic foot, or $220.00 per standard archival storage box measuring 12” wide, 15” long, and 10” high. See the Packaging below for more information on box sizes.

Accession Numbers

All collections to be submitted for curation must be assigned an OSA accession number. Accession numbers are site-specific, so collections containing materials from more than one site will be assigned an individual accession number for each site. Accession numbers are also specific to the year of excavation, so collections from revisited sites should receive a new accession number.

Accession numbers can be obtained from the OSA Site Registrar in response to email requests sent to site.numbers@dncr.nc.gov, preferably when site numbers are requested. Accession numbers assigned by the Registrar consist of a four-digit number for the year followed by a period and another four-digit number that is consecutively assigned for each site, which starts over at 0001 each calendar year. For example, the first accession number assigned in 2016 was designated as 2016.0001.

Provenience Numbers

It is the responsibility of the submitting party to assign a unique identifying number for each sample- or artifact-yielding provenience on a site. As used here, the term provenience refers to the smallest spatial unit designated during a field investigation, composed of both horizontal and vertical parameters. For example, if artifacts were collected from two different strata during the excavation of a shovel test, this constitutes two proveniences. Provenience numbers should be appended to the end of the site’s accession number, and this combined number is the catalog number for any given artifact. For example, if a site is assigned a general accession number 2016.0001, then any artifact from the first provenience on the site will have the 12-digit catalog number 2016.0001.0001.

A provenience number log should be provided listing all the provenience numbers in a collection along with their associated contextual information. See Inventories and Lists below for information on how provenience number logs should be submitted to OSARC, and Sorting and Cataloging below for more information regarding the organization of collections.

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Conservation Standards

For guidance concerning conservation needs in the field or laboratory, consult published sources such as “Conservation Practices on Archaeological Excavations: Principles and Methods,” by Corrado Pedeli and Stefano Pulga (Getty Conservation Institute, Los Angeles, 2013) or the National Park Service (NPS) Museum Handbook, Part I: Museum Collections, Chapter 8: Conservation Treatment, available online.

Treatment Measures

All artifacts requiring conservation must be treated prior to submission to the OSARC. A list of objects with a description of their treatments, including chemicals used, must accompany collections.

Artifact Processing and Packaging

The OSA requires that materials submitted for curation meet certain general conditions prior to acceptance, as outlined below:

Cleaning

All artifacts should be cleaned and stabilized prior to shipment to the OSA, except in instances where an uncleaned condition would facilitate a particular form of analysis.

Artifacts should be cleaned with water or dry brushed. Wash only those materials that will not deteriorate or where cleaning with water will not destroy archaeological evidence (e.g., carbon deposits, slip on pot sherds, etc.).

Artifacts, specimens, or samples that require special care (i.e., those which must not be washed or otherwise cleaned or processed) should be clearly separated from other materials and marked:  SPECIAL TREATMENT REQUIRED.

Sorting and Cataloging

A standardized method of collections cataloging must be employed for each collection and project. Include a full, written explanation of the cataloging method employed with each collection. The cataloging system described below is recommended, but not required by the OSA Laboratory Supervisor.

The formerly recommended cataloging system consisted of letters designating the artifact class (e.g., p for pottery, b for bone, eb for ethnobotanical materials) followed by a sequential specimen number unique to that catalog entry (1, 2, 3, 4, 5…). The OSARC no longer utilizes letters to designate artifact class. It is also not required to assign unique specimen numbers; identifying artifacts by their 12-digit catalog number (provenience number appended to accession number) is sufficient. Artifact catalogs for these collections should be sorted by site number, provenience number, material type, and artifact type. Artifacts should then be bagged separately. See Inventories and Lists below for information on how artifact catalogs should be submitted to the OSARC, and Packaging below for information on how artifacts should be bagged.

Discard and Sampling

Sampling strategies may be appropriate for collections with highly redundant quantities of one or more type(s) of material such as brick, shell, or glass. When developing a sampling strategy, the research potential and requirements of potential analytical techniques should be considered to determine sampling parameters for an artifact class.

All sampling decisions and actions should be well documented. At minimum, all materials to be discarded should be counted (if appropriate), weighed, and photographed, and the total weight before discarded should be recorded. The amount of material retained for curation should be discussed with and approved by the OSA Laboratory Supervisor prior to implementation when possible and the justification for that strategy should be explained in the accompanying report. The report and artifact catalog should note the discard of artifacts.  For more information on proper artifact sampling strategies, review the NPS collecting strategy guidelines, which are found in Chapter 5: Curation Prior to the Field (PDF print of webpage) and Chapter 6: Curation in the Field and Lab (PDF print of webpage) of their Managing Archaeological Collections online publication (not currently available).

Hazardous materials such as asbestos, active explosives or armaments, arsenic, radon, or biohazard waste should not be collected for curation. Photography and documentation should be done in the field if it is safe to do so.

Artifact Labeling

All diagnostic artifacts should be labeled. When there is a large quantity of diagnostic artifacts from a single provenience, label a sample (e.g., if a unit has 200 plain creamware body sherds, label 10%). Artifacts should also be labeled in situations where objects from two different proveniences are going to be bagged together, such as refits or cross-mended fragments. It is not necessary to individually label artifacts without a stable surface, including corroded or concreted metal, slag, coal, and wood fragments, or other large quantities of undiagnostic artifacts such as flakes, shatter, and brick fragments. Provide a written explanation of labeling practices.

Labeling should be done using a lacquer basecoat and topcoat (such as Acryloid B72 or B67), with the information written clearly in archival ink (such as Pigma Micron pens) between the two coats. Labels of printed acid free paper and applied with a basecoat and topcoat of lacquer are also acceptable. If possible, labels should be positioned so that they are not visible on the side of the artifact most likely to be photographed.

For more information on proper artifact labeling, see the NPS artifact labeling guidelines, which are found in Chapter 8: Collections Management (PDF print of webpage) of their Managing Archaeological Collections online publication (not currently available).

Packaging

Artifact Bags

Artifacts must be completely dry before packing into artifact bags.

Artifact bags should be clear, archival-quality, acid-free, polyethylene storage bags, and be a minimum of 4-mil thick. Bags with white blocks for labeling are preferred. Paper bags will not be accepted for permanent artifact curation storage.

Artifact bags should have a self-sealing, zip-lock closure. Open-ended bags will not be accepted for curation as they are unreliable and compromise the integrity of the collection when tape, staples, or twist-ties fail.

Information should be written on the bags with permanent marker. If bags with white blocks are used, the information should be written on the white block area.

For Phase 1 survey, artifacts should be separated into interior bags by material type (metal, glass, ceramic, etc.). The minimum information that should be included on these interior artifact bags is the accession and catalog number and material identity. Interior bags should be placed together into an overall provenience bag, which should be labeled with the site number, accession and catalog number, and all other appropriate provenience information, such as date of excavation and excavator(s) initials.

For Phase 2 and 3 collections generated by assessment, data recovery, or other research projects, artifacts should be bagged by provenience, material type, and artifact identity i.e., square nails, wire nails, and screws should be bagged separately (see Sorting and Cataloging above). Interior bags should be labeled in permanent ink with the accession and catalog number, material type, and artifact identity. Larger exterior bags should include site number, accession and catalog range, all other appropriate provenience information, dates, and excavator information. Bags containing heavy artifacts that could be damaging to smaller artifacts may be bagged together by artifact type (e.g., bricks), alternatively heavy artifacts can be placed in the bottom of the box. They should not be placed on top of fragile artifacts.

For very small units/collections/sites artifact bags from multiple proveniences within the same site may be grouped together into larger external bags. Catalog number ranges should be marked on these larger external bags that have multiple proveniences from the same site bagged within them.

Artifact Tags

A tag replicating what is written on each bag should be laser-printed or written in permanent ink on acid-free paper. These tags should be inserted into each bag with the text-side clearly visible upon bag closure. Tags must be at least 1”x 2” or 12-point font size. Tags must specify site number, accession and catalog numbers, appropriate provenience information, material type, and artifact identity.

The acid-free paper tag does not need to be bagged separately and can come into contact with the curated artifacts in the bag, with the exception of materials that may render the tag illegible, such as carbonized plant materials and metal artifacts. In such cases the tag should be placed into its own unlabeled bag.

Fragile Specimens

Fragile items (bone, wood, shell, etc.) should be wrapped in acid-free tissue paper and bagged, boxed, or placed in vials.

Use ethafoam sheets (1/32” thick) or bubble wrap to package large fragile items. These products are available in multiple widths. Do not use newspaper; it is highly acidic and unstable and will not be accepted.

To pack fragile items within standard boxes, place ethafoam sheets or shredded acid-free paper at the bottom, to act as a buffer and reduce excess volume. Do not use newspaper or packing peanuts. Place materials in position, then fill the remaining volume with ethafoam, cotton, or shredded acid-free tissue paper to keep the materials in an upright or stable position within the exterior storage box.

Ethnobotanical or radiocarbon samples may not be placed in the same exterior boxes with stone or ceramic artifacts. Sample-specific identifiers should indicate the nature of the contents (e.g., wood, charcoal, carbonized seeds, etc.). All C-14 samples should be packaged and labeled in the same manner in which they would be sent to a C-14 laboratory. Note that the Office of State Archaeology does not fund C-14 dating and analysis should be complete before submission.

Mounted microscope slides should be stored in an acid-free cardboard archival box or sleeve. Each slide should be numbered, and the associated catalog number and other relevant contextual information associated with each slide number, written in permanent ink on the container. The box or sleeve should itself be bagged and labeled according to the information in the Artifact Bags and Artifact Tags above.

Metal Artifacts

Silica gel should be included as a desiccant if plastic bags are used for the storage of ferrous metal artifacts, but silica gel must not come in contact with artifact surfaces. A small, perforated plastic bag of silica gel should be placed in each artifact bag or container holding metal. The laboratory supervisor recommends mixing orange/green indicating silica beads with clear silica beads in a 2.5”x 3” polyethylene bag. The bag should be perforated, filled halfway, and placed with metal artifacts. Do NOT use blue/cobalt indicating silica beads, as it is a health hazard.

Fine or delicate metal artifacts may be stored in small archival boxes or vials.

Soil and Flotation Samples

Soil samples intended for flotation will not be accepted for curation. Flotation samples should be processed and their contents treated according to the standards provided above. Only soil samples taken to allow for chemical, pollen, phytolith, or similar analyses will be curated. Contact the OSARC Laboratory Supervisor regarding waterlogged samples.

Floated samples should be completely air-dried and packaged in a 4-mil plastic bag with a zipper closure. Use a permanent marker to label bags with the catalog number and standard provenience information for the sample. The same information should be included on an acid free tag placed inside the sample bag. See Artifact Tags for more information on labeling information.

Floated sample box exterior labels should include the standard provenience information and be marked as containing floated samples. See Boxes below for more information.

Oversized and Bulk Artifacts

Oversized artifacts that do not fit into artifact bags must be securely tagged with cotton string (no wire) with appropriate information and can be placed in archival-quality interior boxes within the overall storage box or alone in a box if heavy.

The OSARC Laboratory Supervisor should be notified in advance concerning any oversized artifacts that do not fit in a standard-sized archival box (12” wide, 15” long, and 10” high). Such items will be charged a minimum standard curation fee of $220 as the item will be, in theory, taking up the space of at least 1 standard-sized archival box. These items should be appropriately labelled, preferably with ink and an affixed tag.

The OSARC Laboratory Supervisor should be contacted in advance concerning the curation of bulk materials such as oyster shell, brick, mortar, and daub; see Discard and Sampling for more information.

Boxes

Space limitations at the OSA require that materials submitted for curation meet certain storage conditions prior to acceptance:

Artifact collections submitted for curation should be in acid-free archival storage boxes (i.e., Hollinger record storage boxes) measuring 12” wide, 15” long, and 10” high. It is preferable to use additional boxes rather than exceed these measurements.

Half boxes (6” wide, 15” long, 10” high) may be submitted for paper documentation or for smaller collections.

The weight of boxed collections should be distributed as evenly as possible. Storage boxes must not exceed 30 lbs total weight, regardless of box size.

Record storage boxes may contain archival-quality, acid-free interior boxes as a substitute for large plastic bags. These interior boxes can be used as containers and dividers for separate site collections or proveniences. For smaller collections both paper documentation and artifacts can be curated in the same box.

Each box should contain a box catalog that specifically lists the contents of the box.

Once all materials have been packaged and boxed, a label must be placed on the ‘width’ (shorter) end of each closed box. This label should include the project name, site numbers, excavating institution, and catalog number ranges that are included in the box. Additionally, NC DOT collections should include the PA or project TIP number. Labels should be laser-printed in large font, bold letters, and double spaced for easy reading. Box labels must be self-adhesive or securely attached to boxes with adhesive tape. The minimum label size for standard storage boxes is 3” x 5”.

Multiple boxes containing materials from a single site or project should be numbered sequentially (“Box 1 of 3, 2 of 3,” etc.) on the box label. All inventory records, such as packing lists and similar inventory control documents, must reference those numbers.

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Associated Paper and Digital Records

All text documents should be provided in both paper and digital format. This means that handwritten documents should be scanned at a resolution of no less than 300 dpi, and this digital scanned copy provided along with the original or a high-quality copy of the original. Conversely, a paper copy should also be provided of text documents produced digitally.

Text documents should be laser-printed or copied on archival quality paper and should not contain staples, paper clips, or rubber bands. Acid-free folders or blank sheets of acid-free paper may be used to separate/divide groups of documents. These documents should be placed in standard-size, acid-free folders and the folders should be labeled with the following information: site number, accession number, and a list of what documents are included in the folder.

All digital media should be provided in duplicate via Citrix ShareFile. Please reach out to osa.curation@dncr.nc.gov for a link to Citrix ShareFile. Images should be in jpeg or tiff format, with tiff preferred, and be no less than 300 dpi. Text documents should be in pdf or MS Word format, along with an unformatted txt copy. Tables and databases should be in MS Excel along with an unformatted CSV copy. Unformatted copies are requested to ensure the data in these files remain accessible regardless of software programming changes over time. Please do not submit MS Access databases, as this program is being phased out of use.

Files should be named using a consistent and descriptive format that at a minimum contains the site number, accession number, and file type (for example, OR333_2017-0033_ArtifactCatalog, OR333_2017-0033_ShovelTestForms, OR333_2017-0033_PhotoLog). Please note that the periods in accession and catalog numbers should be replaced with hyphens to avoid unexpected problems with applications; spaces should also be avoided but readability maintained using hyphens, CamelCase (each word capitalized), and underscores. Files should be in organized folders, minimally by site.

Collections deposited for curation should be accompanied by two categories of records: those that document the fieldwork activities that produced the collection, and those that itemize the resulting contexts and materials themselves. Specific guidelines concerning these associated records are provided below.

Documentation of Fieldwork

Site Forms

No materials will be accepted for curation without a complete OSA Site Form, including attached site map(s) and artifact catalog, on file at the OSA. Blank site forms can be downloaded from the OSA Forms page.

Field Records

At least one paper OR original copy and one digital scan of all original field documentation must accompany each collection submitted for curation. The paper copy may be original, produced as a photocopy, or as a laser-print of a scan made at no less than 300 dpi. Original notes, drawings, maps, and other forms of documentation also may be submitted for permanent storage with the artifact collections.

All project field notes, correspondence, analysis sheets, feature records, etc., must be complete, organized, and clearly labeled with the site number, author, and date. Field notebooks or other bound records should be labeled on the exterior cover in permanent marker.

Metal fasteners of any kind should not be affixed to paper records. If original notes in this form are to be submitted as documentation for curation, the binding should be carefully removed and the pages placed in a standard-size, acid-free folder.

Photographs and Photograph Catalogs

Digital photograph files should accompany each archaeological collection. The number of images submitted should be commensurate with the amount of work undertaken at a site. Minimally, an overall site view should be provided, along with images of any identified features. For evaluation, data recovery, and research projects, all excavations and identified features should be documented with photographs.

A printed copy of images is not required; images should be submitted digitally through Citrix ShareFile. Images taken as RGB color digital tiffs are preferred; jpeg images are acceptable. Please email osa.curation@dncr.nc.gov for a link to Citrix ShareFile for uploading images.

All digital image files should be renamed using a standard naming format that includes the site number, accession or catalog number, and image number (for example, 31OR333_2017-0033_IMG001). Please note that the periods in accession and catalog numbers should be replaced with hyphens to avoid unexpected problems with applications. Photographs should be contained in a subfolder named ‘Photographs’ within the site folder with artifact, field, and projects images separated.

Prepare and submit a photo log of all photographic documentation. Original image numbers can be included, but image file names should correspond to entries in the photo log. Information provided for each image should include at a minimum photographer, date, direction, and description of subject.

As noted, copies of photograph files do not need to be printed. For older collections, prints, negatives, and slides should be scanned prior to curation. Contact the OSARC Laboratory Supervisor for recommendations prior to preparing and submitting legacy photographic materials.

Maps, Drawings, and Charts

Maps, drawings, and charts should be saved as TIFF or JPEG files at resolutions no less than 600 dpi. Copies of maps, drawings, or chart files do not need to be printed. Contact the OSARC Laboratory Supervisor for recommendations regarding any legacy oversize paper records that may require curation.

Inventories and Lists

Packing Lists

All shipments to the OSA must be accompanied by a packing list, which provides the name of the submitting party, the project name, environmental review number if applicable, county, site number(s), accession number(s), box numbers, and a summary of box contents (Figure 3).

The leftmost column of the packing list should be labeled Catalog Numbers and should contain the range of accession numbers and catalog numbers associated with materials in each box. Consultant catalog numbers (if applicable) should be placed in the adjacent column. If materials from more than one site are present in a collection, a site field should also be included. Box numbers indicated on the packing list should be marked on box labels.

Provenience Number Logs

As mentioned above (see Provenience Numbers above), a provenience number log should be provided with all artifact collections (Figure 4). This table should list each of the accession and catalog numbers in a collection along with their associated provenience information.

Artifact Catalogs

Artifact catalogs should be included in the box containing the associated artifacts (Figure 5).

Catalogs should be sorted by site number, provenience number, and then material type. The order in which the material types are organized is at the discretion of the creator of the artifact catalog. If the artifact catalog is for a project that contains information from multiple sites, then the catalogs should be separated by site. Each catalog should then be organized by provenience, and then grouped by material type. See Sorting and Cataloging above for more information.

Collections Without Artifacts

If a landowner requests that artifacts be returned to them rather than curated in an appropriate repository, those artifacts should be thoroughly documented through photographs and notes so that they can still be studied by future researchers. At a minimum, photographs with a scale should be taken of representative diagnostics. An artifact catalog should still be created, with retention noted. These photographs and notes should be permanently curated in an approved archaeological repository, preferably in the state of North Carolina. Following 36 CFR 79.6, curation at OSARC is strongly recommended.

If no sites were identified during an archaeological survey, then associated records do not need to be submitted for curation.

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Human Remains

North Carolina and federal statutes and attendant regulations provide general directions for the recovery, handling, treatment, analysis, and disposition of human skeletal remains and associated objects. These include the Indian Antiquities, Archaeological Resources, Unmarked Human Skeletal Remains Protection, and Archaeological Record Program Acts (G.S.70), Abandoned and Neglected Cemeteries (G.S. 65 Article 12), and the Native American Graves Protection and Repatriation Act (P.L. 101-601). Regardless of the historical or cultural associations of discovered human remains, all burials deserve respectful treatment transcending the care afforded to any other class of archaeological materials.

The exact methods for recovery and disposition of human remains should be determined on a case-by-case basis. Each case requires specificity that goes beyond the general regulatory requirements. Legal procedures must be followed, but the methods of how each burial is to be handled should be properly defined in the terms of agreements among the concerned parties (descendants, landowners, agencies, and archaeologists). Each agreement should precisely outline mutual responsibilities and the steps to be taken for recovery, treatment, analysis, and disposition of the remains.

As it is impossible in these guidelines to predict the terms and conditions of such agreements, we provide no particular instructions on the handling of human remains here. The State Archaeologist or federal agency officials should be contacted for direct guidance whenever burials are discovered. Law enforcement officials, local or state medical examiners, Tribal authorities, landowners, and other individuals should also be involved in consultations.

In almost every instance, short- or long-term curation of human remains is an important consideration. Unlike other archaeological materials, most human remains will eventually be returned to the next of kin or descendants for reburial. The remains must be carefully handled, documented, and protected from unnecessary harm or deterioration during the entire process of removal, transportation, and analysis.

The types of scientific and historical information to be gained studying human burials will vary from one instance to the next and are without question important to our understanding of human culture and history. But human remains are not artifacts in the same sense as stone tools, glass fragments, or ceramic vessel sherds. Human remains must be afforded the special considerations fixed in law and through mutually agreeable terms established among the concerned parties.

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