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Legal Compliance - Cultural Resource Management
Historic Preservation - Archaeology


Mileposts, Events, Laws, Briefs         decorative spacer

jefferson

1784 Thomas Jefferson directs the first controlled excavation of an ancient mound in Virginia, "the first scientific excavation in the history of archaeology."

1788 Ohio Land Company protects mounds in Marietta, Ohio

1789 Northwest Ordinance protects Native American property

American Philosophical Society asks members to describe ancient sites in their local areasIsaiah Thomas

1812 American Antiquarian Society founded by Isaiah Thomas  

1813 efforts begin to preserve Independence Hall, Philadelphia, Penn.

1833 American Antiquities and Discoveries in the West by Josiah Priest 

mastadon1839 Albert Koch discovered mastodon bones associated with a stone artifact.

1846 Smithsonian Institution established by Congress

1848 Smithsonian publishes Ancient Monuments of the Mississippi Valley by Squier & Davis'

http://www.siu.edu/~anthro/muller/Squier_1847.htm

1849 U.S. Department of Interior established

The Bureau of Indian Affairs (BIA) is transferred to the DOI.

1850 Washington's Headquarters at Hasbrouck House acquired by State of New York

1855 Archaeology of the United States by Samuel Haven is published by the SI.

1856 Mt. Vernon Ladies Association of the Union founded by Ann Pamela Cunningham

JWPowell

J W Powell 

1872  Yellowstone National Park established by United States grant under War Department as the world's first National Park. This initiates the policy of setting aside tracts of land in federal ownership for public use and long-term preservation of important natural and cultural resources. The land is in custody of the DOI.

1879 Bureau of Ethnology established (renamed Bureau of American Ethnology (BAE) in 1897) is formed in Smithsonian Institution by John Wesley Powell. Anthropological studies focus on the  disappearing "traditional" Native American communities in the western states.

U.S. Geological Survey established

Anthropological Society of Washington founded

The Archaeological Institute of America (AIA) is founded in Boston, 

Adolf Bandelier

Adolph Bandelier

1881 Adolph Bandelier's Report on the Ruins of the Pueblo of Pecos exposes widespread vandalism and looting of Southwestern ruins

1886-1888 Hemmenway Southwest Archaeological Expedition

1888 American Folk-Lore Society founded

Serpent Mound, Ohio, is purchased, and excavated by F. W. Putnam.

1889 Casa Grande ruins, Arizona, protected by Congress

1890 Chickamauga and Chattanooga Battlefields protected  (25 Stat. 961;16 USC 431)

1894 Cyrus Thomas' review of the Moundbuilders in the 12th Annual Report of the Bureau of American Ethnology conclusively demonstrates Native American origin

1896 Supreme Court recognizes condemnation of private property for the public purpose of historic preservation in U.S. v. Gettysburg Electric Railway Co.

1902 American Anthropological Association founded

1904 Baltimore and Boston adopt building code restrictions

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1906 Antiquities Act of 1906 (PL 59-209; 34 Stat. 225; 16 USC 431-433)

provided for protection of historic, prehistoric, and scientific features on federal lands, with penalties for unauthorized destruction or appropriation of antiquities; authorized the President to proclaim national monuments; authorized scientific investigation of antiquities on federal lands subject to permit and regulations. Uniform regulations at 43 CFR Part 3 implement the Act establishing procedures to be followed for permitting the excavation or collection of prehistoric and historic objects on federal lands.

Archaeological Institute of America Act (PL 59-182; 34 Stat. 203)

1907 Departments of War & Interior Land Management Agreement implements Antiquities ActFort Ticonderoga stamp

1908-1909 Archaeology used to document reconstruction at Fort Ticonderoga, NY

1909 Territorial Legislature votes to restore Palace of the Governors in Santa Fe

1910 Society for Preservation of New England Antiquities established

1916 National Park Service Organic Act (PL 64-235; 39 Stat 535; 16 USC 1)  

The Act of 1916 created today's National Park Service (NPS) within the U.S. Department of the Interior. The Organic Act charges the NPS with a dual mandate to promote and regulate the use of the national parks "by such means and measures as conform to the fundamental purpose to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment for the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations."

36 CFR 2.5 (NPS Act of 1916) states conditions under which park superintendents may permit collection of plants, fish, wildlife, rocks, and minerals, including museum catalog requirements.

1920s Colonial Williamsburg developed     Colonial Williamsburg

1922 Justice Oliver Wendell Holmes articulates "taking" rule in Pennsylvania Coal v. Mahon

Committee for the Preservation and Restoration of New Mexico Mission Churches founded 

1926 Supreme Court upholds zoning regulation in Village of Euclid v. Ambler Realty Co.

1928 Library of Congress Archive of American Folk Song established

1931 Charleston enacts first comprehensive preservation law and creates first Historic District

1933 NPS Authority transfers Monuments and Parks from War and Agriculture Depts.

Works Progress Administration initiates Folklife Programs; HABS Survey

1934 1st National Folk Festival

National Stolen Property Act (18 USC 2314 and 2315)

National Historical Publications and Records Commission established

1935 Historic Sites Act of 1935 (PL 74-292; 49 Stat. 666; 16 USC 461-467)

declared "a national policy to preserve for public use historic sites, buildings, and objects . . ."; authorized the programs known as the Historic American Buildings Survey, the Historic American Engineering Record, and the National Historic Landmarks Survey; authorized the NPS to "restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance and . . . establish and maintain museums in connection therewith"; authorized cooperative agreements with other parties to preserve and manage historic properties. Regulations on the National Historic Landmarks Program are at 36 CFR Part 65.

Indian Arts and Crafts Board Act (PL 74-292; 49 Stat. 891; 25 USC 305)

1937 Archive of American Folk Song funded by Congress       folklife logo

1945-1947 Interagency Archaeological Salvage Program

1949 National Historic Preservation Trust Act of 1949 (PL 81-408; 63 Stat 927; 16 USC 468 et seq.)

1953 Submerged Lands Act of 1953 (PL 83-31; 67 Stat 29; 43 USC 1301 et seq)

Outer Continental Shelf Lands Act (PL 83-212; 67 Stat 462; 43 USC 1331 et seq.)

1954 Supreme Court recognizes aesthetics as a valid public purpose in Berman v. Parker

43 CFR 3 Preservation of American Antiquities

1955 Management of Museum Properties Act of 1955 (PL 84-69;16 USC 18f)

authorized the NPS to accept donations of museum properties, purchase them from donated funds, exchange them, and receive and grant museum loans.

1956 Federal Aid Highway Act of 1956 (PL 85-767; 72 Stat. 913; 23 USC 305)

1957 Historic American Building Survey revived                       habs logo

Jacob Morrison publishes Historic Preservation Law

1960 Reservoir Salvage Act of 1960 (PL 86-523; 74 Stat. 220; 16 USC 469-469c)

provided for the recovery and preservation of "historical and archeological data (including relics and specimens)" that might be destroyed in the construction of dams and reservoirs.

National Historic Landmarks Program created

1962 UNESCO Report recommends preservation of ecological and historical regions

1963 NTHP Williamsburg Preservation and Restoration Seminar issues Historic Preservation Today

1964 UNESCO's International Monuments Year

National Arts and Cultural Development Act (PL 88-579; 78 Stat. 905)Lady Bird Johnson

Housing Act of 1964 (PL 88-560)

Lady Bird Johnson's White House Conference on Natural Beauty issues Beauty for America

National Trust and American Society of Planning Officials issue Planning for Preservation

1965 Housing and Urban Development Act (PL 89-117)

Conference of Mayors Special Commission on Historic Preservation issues With Heritage So Rich

International Council of Monuments and Sites (ICOMOS) established

National Foundation for Arts and Humanities Act (PL 89-209; 79 Stat. 845-855; 20 USC 951-959)

Federal Water Project Recreation Act (PL 89-72; 79 Stat. 213; 16 USC 460-12 et seq. 662)

1966 American Revolution Bicentennial Commission (PL 89-401; 80 Stat. 259)

decorative element figure75rtNPS announces 10-year Parkscape USA plan

National Historic Preservation Act of 1966 (PL 89-665; 80 Stat. 915; 16 USC 470) NHPA

Section 106 Regulations Summary Section 106 applies when two thresholds are met: 

1) there is a Federal or federally licensed action, including grants, licenses, and permits, and 

2) that action has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places.

Section 106 requires each Federal agency to identify and assess the effects of its actions on historic resources. The responsible Federal agency must consult with appropriate State and local officials, Indian tribes, applicants for Federal assistance, and members of the public and consider their views and concerns about historic preservation issues when making final project decisions.

Effects are resolved by mutual agreement, usually among the affected State's State Historic Preservation Officer or the Tribal Historic Preservation Officer, the Federal    agency, and any other involved parties. ACHP may participate in controversial or precedent-setting situations. ACHP About ACHP General Information achp logo

Section 106 of the act is implemented by regulations of the Advisory Council on Historic Preservation, 36 CFR Part 800. The Department of the Interior criteria and procedures for evaluating a property's eligibility for inclusion in the National Register are at 36 CFR Part 60.

36 CFR 18 (National Historic Preservation Act of 1966), "Leases and Exchanges of Historic Property," governs the historic property leasing and exchange provisions of this law.

Demonstration Cities and Metropolitan Development Act (PL 89-754; 80 Stat. 1270; 42 USC 1500)

Department of Transportation Act of 1966 (PL 89-670; 80 Stat. 574; 80 Stat 931)

stated in Sec 4(f) that the secretary of transportation shall not approve any program or project which requires the use of any land from a historic site unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such ... historic site resulting from such use."

Federal Aid Highway Act of 1966 (PL 89-574; 80 Stat. 771; 23 USC 135)

Several statutes governing the actions of the Department of Transportation and its sub-agencies - the Federal Highway Administration, the Coast Guard, the Federal Aviation Administration and the Federal Transit Administration, among them - include strong historic preservation measures. {327} The language in these authorities was originally enacted as Section 4(f) of the Department of Transportation Act, signed into law the same day as NHPA: October 15, 1966. {328} Although Section 4(f) has been recodified as Section 303 of Title 49 of the United States Code, the preservation provision is still known as "Section 4(f)." As it pertains to historic properties, Section 4(f) only permits the Secretary of Transportation to approve a project that requires the use of land from a historic site if 1) there is no feasible and prudent alternative to the use of that land and 2) the program includes all possible planning to minimize harm to that historic site. The courts have held that it is premature for an agency to comply with Section 4(f) if project plans are not final; the expectation that future planning will minimize harm to historic property does not relieve the agency of its Section 4(f) compliance responsibilities. {329}

Section 4(f) applies only if the project at issue will "use" land from a parkland or a historic site. The meaning of the term "use" has been the subject of numerous lawsuits involving Section 4(f) and, as a result, is well defined. {330} A few courts have specifically addressed the meaning of "use" in the context of historic resources. Courts have held that demolition of a historic structure{331} or removal of part of a historic property constitutes a use of land from a historic site. {332} Other courts found that where there will be no physical use, plaintiffs may attempt to show "constructive use" of a property by presenting evidence of an impact that would substantially impair the value of the property in terms of its use and enjoyment. {333} Courts have recognized noise, pollution, and visual intrusion as constructive uses. {334} However, two courts have specifically declined to recognize constructive use in the case of airport noise impacts on historic neighborhoods, where the average noise levels were less than 65 weighted average day and night sound level measurements (Ldn). {335} One early court decision rejected arguments that secondary impacts such as noise, air pollution, land-use alteration, blasting damage, and property value diminution would amount to a constructive use of historic buildings. {336} Further, one court has upheld a Federal Highway Administration (FHWA) regulation exempting archeological sites from Section 4(f) by allowing impacts on them to be mitigated by excavation first pursuant to Section 106 and then determined to be no longer in existence and, therefore, not "used." {337}

The meaning of the term "historic site" was discussed in a case involving a FHWA proposal to aid the construction of a highway through the Moanaloa Valley in Hawaii. {338} FHWA decided that the valley was not a historic site. It based its decision on a State board's finding that the valley was of marginal significance, disregarding both the Secretary of the Interior's determination that the valley might be eligible for the National Register and the Council's conclusion that the valley possessed historic significance. The court held that a property did not have to be listed in the National Register to be a historic site under Section 4(f), that a property likely to meet the National Register criteria is sufficient. {339} Indeed, 4(f) applies to historic sites of national, State, or local significance. {340} Furthermore, the Federal determination of eligibility took precedence over the State board's finding and thus triggered Section 4(f).

Agencies must determine whether historic sites are involved prior to approval of the project{341} and early enough in the process that alternatives to the project are still possible. {342} In one case, plaintiffs alleged that a Section 4(f) statement was made too early in the process, but the court found the timing of the statement adequate because the agency had begun consideration of the alternative in question by the time the statement was prepared. {343} Moreover, the statement called for continual review of the alternative. No formal determination of eligibility from the Secretary of the Interior is required. {344} In one case, the court of appeals upheld Federal regulations that exempted FHWA from Section 4(f) compliance where the historic resources - archeological sites - were important for the data they contained, not for their location. {345} Section 4(f) did not apply, even though the property had been listed in the National Register. from  http://www.achp.gov/book/TOC2.html

1967 NPS Office of Archaeology and Historic Preservation established

Elementary and Secondary Education Amendments (PL 90-247; 81 Stat. 783)

Pennsylvania establishes first State Folklorist

Smithsonian hosts 1st Festival of American Folklife

1968 Federal Aid Highway Act (PL 90-495; 82 Stat. 815; 23 USC 138) requires public hearings

National Trail Systems Act of 1968

Wild and Scenic Rivers Act of 1968

1969 National Environmental Policy Act of 1969 (PL 90-190; 83 Stat. 852; 16 USC 470) NEPA

Comment on NHPA and NEPA Federal Historic Preservation Case Law, 1966-2000 from http://www.achp.gov/book/TOC2.html

Historic American Engineering Record established by NPS

1970 Department of Transportation Act Amendments

Urban Mass Transportation Assistance Act (PL 91-543; 84 Stat. 962; 49 USC 161)

1971  Executive Order 11593 Protection and Enhancement of the Cultural Environment (36 FR 8921) Nixon - instructed all federal agencies to support the preservation of cultural properties; identify and nominate to the National Register cultural properties under their jurisdiction and to "exercise caution . . . to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished, or substantially altered."

Alaska Native American Claims Settlement Act (PL 92-203; 85 Stat 688; 43 USC 1601-1624)

1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (19 USC 2601).

1972 Coastal Zone Management Act of 1972 (PL 92-583; 86 Stat. 1280)

Marine Protection Research and Sanctuaries Act (PL 92-532; 86 Stat. 1052; 33 USC 1401 et seq.)

Pre-Columbian Monumental and Architectural Sculpture & Murals Act (PL 92-587)

1973 American Revolution Bicentennial Act (PL 93-179; 87 Stat. 697)

Advisory Council on Historic Preservation issues Procedures for the Protection of Historic and Cultural Properties (36 CFR 800) "Protection of Historic and Cultural Properties," includes regulations of the Advisory Council on Historic Preservation to implement Section 106 of the NHPA as amended and presidential directives issued pursuant thereto.

1974 Housing and Community Development Act of 1974 (PL 93-383; 88 Stat. 633; 42 USC 5301)

Historical and Archeological Data Preservation Act of 1974 (aka Moss-Bennett or Archeological Recovery Act) (PL 93-291; 88 Stat 174; 16 USC 469 et seq.) amends Reservoir Salvage Act of 1960. HADPA provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a Federal or federally licensed activity or program. {347} To carry out the purposes of the act, HADPA allows for the transfer of up to one percent of the appropriations for the project to the Secretary of the Interior. Unlike Section 106, which mandates consideration of historic properties during Federal agency planning, HADPA guides the implementation of mitigation measures once an agency decision is reached. from http://www.achp.gov/book/TOC2.html

Amtrak Improvement Act of 1974 (PL 93-496; 49 USC 1653)

USDI establishes Interagency Archaeological Services Division

National Endowment for the Arts establishes Folk Arts Program

1975 Indian Self-Determination and Education Assistance Act of 1975 (PL 93-638; 88 Stat 2206)

Conservation Foundation sponsors 1st national conference on neighborhood preservation

1976 Land and Water Conservation Fund Act (PL 94-422; 90 Stat. 1313; 16 USC 460-4 et seq.)

National Historic Preservation Act Amendments (PL 94-422) enact Executive Order 11593 into law

Tax Reform Act of 1976 (PL 94-455;90 Stat. 1525; 26 USC 1) provides tax incentives to encourage the preservation of commercial historic structures.

American Folklife Preservation Act (PL 94-201; 20 USC 2101-2107)

Mining in National Parks Act (PL 94-429; 16 USC 1908) provided for curtailment or increased regulation of mining in the parks; directed the secretary of the interior to monitor national historic and natural landmarks for mining threats and seek the advice of the Advisory Council on Historic Preservation on mitigating measures.

General Authorities Act Amendments (PL 94-458) allowed the secretary of the interior "to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register whenever he determines that the disclosure of specific information would create a risk of destruction or harm to such sites or objects."

Public Buildings Cooperative Use Act (PL 94-541; 40 USC 601a) required the General Services Administration to acquire space for federal agencies in buildings of architectural or cultural significance where feasible; amended the Architectural Barriers Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped.

Federal Land Policy and Management Act of 1976 is the Bureau of Land Management "organic act" that establishes the agency's multiple-use mandate to serve present and future generations.

1977 Smithsonian Office of Folklife Programs established as independent agency

Surface Mining Control and Reclamation Act (PL 95-87; 91 Stat. 445; 30 USC 1201 et seq.)

National Center for Preservation Law founded.

36 CFR 63 Determination of eligibility for inclusion in the national register of historic places

1978 American Indian Religious Freedom Act (PL 95-341; 92 Stat 46a; 42 USC 1996)

declared "the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including, but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonial and traditional rites." 

AIRFA protects the rights of Native Americans to exercise their traditional religions by ensuring access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites. {358} The intent of AIRFA has been interpreted as ensuring that Native Americans obtain First Amendment protection, but not to grant them rights in excess of the First Amendment. {359} Because such sites may be eligible for inclusion in the National Register, any effects that may occur, as a result of providing access to them, may trigger Section 106 review under NHPA. {360} from  http://www.achp.gov/book/TOC2.html

Tax Revenue Act of 1978 (PL 95-600; 92 Stat. 2763; 26 USC 167-191) adds 10% tax credit for rehabilitating income-producing historic buildings

Supreme Court upholds New York City Landmarks Law in Penn Central Transportation Co. v. New York City

1979 Archaeological Resources Protection Act of 1979 (PL96-95; 93 Stat. 721; 16 USC 470) figure73rt decorative element

defined archeological resources as any material remains of past human life or activities that are of archeological interest and at least 100 years old; required federal permits for their excavation or removal and set penalties for violators; provided for preservation and custody of excavated materials, records, and data; provided for confidentiality of archeological site locations; encouraged cooperation with other parties to improve protection of archeological resources. Amended in 1988 to require development of plans for surveying public lands for archeological resources and systems for reporting incidents of suspected violations.

ARPA is designed to protect archeological resources on Federal and Indian lands and to encourage the exchange of information pertaining to such properties between the Federal Government and the archeological community. {348} ARPA strengthens its predecessor HADPA by providing specific permit procedures that all persons, including private applicants as well as State and Federal agencies, must follow prior to excavating or removing any archeological resource on Federal or Indian lands. {349} Unlike NHPA, ARPA provides both civil and criminal penalties for failure to comply with the act. {350} ARPA does contain a confidentiality provision similar to NHPA. {351} from  http://www.achp.gov/book/TOC2.html

ARPA  is implemented by uniform regulations and Interior-specific regulations, both at 43 CFR Part 7

National Preservation Conference at Williamsburg recommends expanding definition of historic property to include folk, ethnic, and traditional use patterns.

1980 National Historic Preservation Act Amendments (PL 96-515;94 Stat 2987;16 USC 470 et seq.)

Title IV of National Historic Preservation Act Amendments directed the secretary of the interior to nominate properties of international significance to the World Heritage List; required federal agencies to consider the effects of their undertakings on properties outside the United States on the World Heritage List or on the applicable countries' equivalents of the National Register. Chaco

Central Idaho Wilderness Act of 1980 (PL 96-312; 94 Stat 948; 16 USC 1274)

Chaco Canyon National Historical Park (V: PL 96-550) 

1981 Economic Recovery Tax Act of 1981 (PL 97-34; 95 Stat 172)

36 CFR 60 National Register of Historic Places (NHPA and EO 11593), addresses concurrent state and federal nominations, nominations by federal agencies, revision of nominations, and removal of properties from the National Register.

1983 US Convention on Cultural Property Implementation Act (PL 97-446; 96 Stat 2350-2363; 19 USC 2601-2613)

National Trail Systems Act Amendments

36 CFR 61 State, Tribal, and Local Historic Preservation Programs (updated 1999) includes minimum professional qualification for archaeologists and historians required to perform identification, evaluation, registration, and treatment activities. see NPS 1983

Amendments to 36 CFR 65 National Historic Landmarks Program (Historic Sites Act of 1935), "National Historic Landmarks Program," establishes criteria and procedures for identifying properties of national significance, designating them as national historic landmarks, revising landmark boundaries, and removing landmark designations.

1984 Arctic Research Policy Act (PL 98-373)

43 CFR 7 Protection of Archaeological Resources (Archaeological Resources Protection Act, amended), "Protection of Archeological Resources, Uniform Regulations" and "Department of the Interior Supplemental Regulations," provides definitions, standards, and procedures for federal land managers to protect archeological resources and provides further guidance for Interior bureaus on definitions, permitting procedures, and civil penalty hearings.

1985 36 CFR 78 Waiver of Federal Agency Responsibilities under section 110 of the National Historic Preservation Act. Waiver of Responsibility to protect Historic Properties for National Security reasons

1986 Sec. 48(g) and 170(h) Internal Revenue Code of 1986 (94 Stat. 3204; 26 USC 170(h))

1987 Amendments to Department of Transportation Act (PL 100-17; 49 USC 303)

Abandoned Shipwrecks Act of 1987 (PL 100-298; 102 Stat. 432; 43 USC 2101) asserts U.S. Government title to three categories of abandoned shipwrecks: those embedded in a state's submerged lands; those embedded in coralline formations protected by a state on its submerged lands, and those located on a state's lands that are included or determined eligible for inclusion in the National Register of Historic Places. The law then transfers title for a majority of those shipwrecks to the respective states, and provides that states develop policies for management of the wrecks so as to protect natural resources, permit reasonable public access, and allow for recovery of shipwrecks consistent with the protection of historical values and environmental integrity of wrecks and sites.

1988 Archeological Resources Protection Act Amendments (PL 100-555; 100-588; 102 Stat. 2778; 102 Stat. 2983; 16 USC 470 mm)

Federal Cave Resources Protection Act of 1988 (PL 100-691)

National Film Preservation Act of 1988 and 1992 (PL 100-446 and PL 102-307)

Section 110 of the National Historic Preservation Act

1989 National Museum of the American Indian Act of 1989 (PL 101-85)

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1990 Native American Graves Protection and Repatriation Act (PL 101-601; 25 USC 3001) NAGPRA

NAGPRA requires Federal agencies and museums to inventory their holdings of Native American cultural items and return some  items to Indian tribes and other Native American groups. {352} The definition of "Indian tribe" in NAGPRA has been interpreted to include an Indian group or community of Indians that the Secretary does not acknowledge as an Indian tribe. {353} However, this decision was reached prior to promulgation of NAGPRA regulations which generally define "Indian tribe" as those recognized by the Secretary of Interior. {354} The act also provides that any intentional excavation and removal of Native American human remains and other cultural items from Federal or tribal lands{355} be conducted only with a permit issued pursuant to the Archeological Resources Protection Act and after consulting with the appropriate tribe. {356} If an inadvertent discovery is made of Native American remains or objects in connection with an activity on Federal or tribal lands, the activity must cease in the area of the discovery, a reasonable effort must be made to protect the items discovered before resuming activity, and the appropriate Federal agency or tribal authority must be notified. Activities may resume 30 days after receiving certification of notification from the appropriate Federal agency or tribal authority. {357} NAGPRA requirements may overlay Section 106 when undertakings occur on Federal or tribal lands.  from http://www.achp.gov/book/TOC2.html

The Secretary of the Interior's implementing regulations are at 43 CFR Part 10. establishes a systematic process for determining the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony with which they are affiliated.

Food, Agriculture, Conservation and Trade Act of 1990 (PL 101-508)

Section 47 of the Internal Revenue Code (PL 101-508; 104 Stat. 1388-536, 541; 26 USC 47) revised rehabilitation tax credits

36 CFR 67 Historic Preservation Certifications Pursuant To Sec. 48(G) And Sec. 170(H) Of The Internal Revenue Code Of 1986

36 CFR 79 Curation of Federally-Owned and Administered Archaeological Collections

1991 Intermodal Surface Transportation Efficiency Act of 1991 (PL 102-240)

1992 National Historic Preservation Act Amendments

With passage of the National Historic Preservation Act in 1966, Congress made the Federal Government a full partner and a leader in historic preservation. The Federal Government's role would be to provide leadership for preservation, and foster conditions under which modern society and prehistoric and historic resources can exist in productive harmony. An underlying motivation in passage of the Act was to transform the Federal Government from an agent of indifference, frequently responsible for needless loss of historic resources, to a responsible steward for future generations.

As amended in 1992, Section 110 of the Act outlines a broad range of responsibilities for Federal agencies. Section 110 calls for among other things Federal agencies to establish preservation programs, commensurate with their mission and the effects of their activities on historic properties, that provide broadly for careful consideration of historic properties and the designation of qualified Federal Preservation Officers to coordinate their historic preservation activities.

Finally, in 2003, the ACHP published advisory guidelines to assist Federal agencies with real property management responsibilities in preparing the assessments and reports outlined in Executive Order 13287, "Preserve America." Agencies are encouraged to use the advisory guidelines as a template to ensure that adequate, complete, and useful information is submitted to the ACHP. ACHP Federal Agency Historic Preservation Programs and Officers

1995 36 CFR 68 The Secretary of the Interior's Standards for treatment of Historic Properties

43 CFR 10 NAGPRA Regulations

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1996 Executive Order 13007, Indian Sacred Sites, May 24, 1996 (61 FR 26771): instructs agencies to accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and to avoid adversely affecting the physical integrity of such sacred sites

Chapter 51 Part 5 Cultural Resources Museum Of New Mexico Archaeological Records Repository And Cultural Resource Information System

1997 National Wildlife Refuge System Improvement Act of 1997 outlines general management goals for the Refuge system including protection and interpretation of cultural resources.

2000 Executive Order 13175 Consultation/Coordination With Indian Tribal Governments 11/6/2000

36 CFR 800 Protection of historic properties

2003 Executive Order 13287 Preserve America - Use Historic Properties- promote Heritage Tourism March 3, 2003.


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