CULTURAL RESOURCE MANAGEMENT GUIDELINE
Laws, Executive Orders, Regulations
The guidelines for cultural resource management are derived from laws, proclamations, orders, regulations, and policies. A list of the most important of the regulations follows.
Regulations are promulgated and published in the Code of Federal Regulations (CFR) to direct the implementation of laws. The following CFR citations relate to cultural resource management.
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.
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.
36 CFR 60 (NHPA and EO 11593), "National Register of Historic Places," addresses concurrent state and federal nominations, nominations by federal agencies, revision of nominations, and removal of properties from the National Register.
36 CFR 61 (NHPA and EO 11593), "Procedures for Approved State and Local Government Historic Preservation Programs," establishes standards for the approval of state historic preservation programs; requires state historic preservation officers to conduct statewide surveys of cultural properties, prepare and implement state preservation plans, and cooperate with federal agencies in Section 106 compliance; sets qualification standards for preservation professionals.
36 CFR 63 (NHPA and EO 11593), "Determinations of Eligibility for inclusion in the National Register of Historic Places," establishes process for federal agencies to obtain determinations of eligibility on properties.
36 CFR 65 (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.
36 CFR 67, "Historic Preservation Certifications Pursuant to the Tax Reform Act of 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, and the Economic Recovery Tax Act of 1981," establishes procedures whereby owners or holders of long-term leases for old and/or historic buildings may obtain certifications to gain federal tax credits for rehabilitation; describes tax deductions for owners who donate interests in cultural resources for preservation purposes.
36 CFR 68 (NHPA) contains the secretary of the interior's standards for historic preservation projects, including acquisition, protection, stabilization, preservation, rehabilitation, restoration, and reconstruction.
36 CFR 79 (NHPA and ARPA), "Curation of Federally Owned and Administered Archeological Collections," provides standards, procedures and guidelines to be followed by Federal agencies in preserving and providing adequate long-term curatorial services for archeological collections of prehistoric and historic artifacts and associated records that are recovered under Section 110 of the NHPA, the Reservoir Salvage Act, ARPA and the Antiquities Act.
36 CFR 800 (NHPA and EO 11593), "Protection of Historic and Cultural Properties," includes regulations of the Advisory Council on Historic Preservation to implement Section 106 of the National Historic Preservation Act as amended and presidential directives issued pursuant thereto.
43 CFR 3 (Antiquities Act) establishes procedures to be followed for permitting the excavation or collection of prehistoric and historic objects on federal lands.
43 CFR 7, Subparts A and B (Archaeological Resources Protection Act, as 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.
43 CFR 10 (NAGPRA Regulations) 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.
- Advisory Council on Historic Preservation: Protection of Historic Properties (36 CFR 800)
- Council on Environmental Quality: Regulations Implementing the National Environmental Policy Act (40 CFR 1500-1508)
- Department of Defense: American Indian and Alaska Native Policy
- Department of Defense Guidelines for the Curation of Archeological Soil Samples
- Protection of Archeological Resources (32 CFR 229)
- Department of the Interior: Native American Graves Protection and Repatriation Act Regulations (43 CFR 10)
- Department of the Interior: Curation of Federally-owned and Administered Archeological Collections (36 CFR 79)
- Department of the Interior: Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63)
- Department of the Interior: National Historic Landmarks Program (36 CFR 65)
- Department of the Interior: National Register of Historic Places (36 CFR 60)
- Department of the Interior: Preservation of American Antiquities (43 CFR 3)
- Department of the Interior: Protection of Archeological Resources (43 CFR 7)
- Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act
- Secretary of the Interior's Professional Qualification Standards (48 FR 22716, 1983)
- Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation
- Secretary of the Interior's Standards for Architectural and Engineering Documentation: HABS/HAER Standards
- Secretary of the Interior's Standards for Rehabilitation
- Secretary of the Interior's Illustrated Guidelines for Rehabilitating Historic Buildings
- Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 68)
NPS Orders and Guidance
The following NPS orders and guidance pertain to cultural resource management.
Director's Order 24, "Standards for NPS Museum Collections Management," establishes manditory standards for preserving, protecting, and documenting NPS museum collections.
Director's Order 26, "Projects Must Fund Basic Preservation of Museum Collections They Generate," provides guidance to ensure that projects that generate museum collections include sufficient funding for documentation and basic preservation of those collections.
Director's Order 27, "Historic Property Leases and Exchanges," elaborates on the leasing and exchange of historic properties under Section 111 of the National Historic Preservation Act of 1966 as amended.
Staff Directive 96-1, "Linking Cultural and Natural Resource and Socio-economic Data to Park Planning and Management," provides guidance on the kinds and level of detail of information needed about park resources for planning and decision-making and identifies sources of that information.
Department of the Interior Interim Standards for Documentation, Preservation and Protection of Museum Property (September 1990). This document provides interim standards for documentation, preservation, and protection of Department of the Interior museum property and guidance for meeting those standards. The standards are to be applied at each unit that manages museum property.
National Park Service Abandoned Shipwreck Act Guidelines (55 FR 50116, Dec. 4, 1990; 55 FR 51528, Dec. 14, 1990; 56 FR 7875, Feb. 26, 1991) assist states and federal agencies in developing legislation and regulations to carry out their responsibilities under the Abandoned Shipwreck Act of 1987. They provide advice on establishing shipwreck management programs; funding shipwreck programs and projects; surveying, identifying, documenting, and evaluating shipwrecks; providing for recovery of shipwrecks; providing public access to shipwrecks; interpreting shipwreck sites; establishing volunteer programs; and creating and operating underwater parks or preserves.
information on this page in the public domain - derived in
the following source:
NPS Office of Policy NPS-28, Cultural Resource Management (Appendix B)