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Cultural Resources Management in the USFWS. Overview of Laws & Regulations 1906 – Present. Overview of Laws & Regulations 1906 – Present. Overview of Laws & Regulations 1906 – Present. 20 laws passed by Congress addressing protection of cultural resources 7 Executive Orders

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overview of laws regulations 1906 present3

Overview of Laws & Regulations 1906 – Present

Overview of Laws & Regulations 1906 – Present
  • 20 laws passed by Congress addressing protection of cultural resources
  • 7 Executive Orders
  • At least 15 sets of regulations & 9 sets of standards & guidelines
pre world war ii impetus for cultural resources legislation

Overview of Laws & Regulations 1906 – Present

Pre-World War II Impetus for Cultural Resources Legislation
  • Land Management
  • Disrupt antiquities market (Western US)
  • Legitimize the science of archaeology (Eastern US)
early protection of resources

Overview of Laws & Regulations 1906 – Present

Early Protection of Resources
  • Congress protects Federal archaeological site in 1889 – Casa Grande in AZ
  • 1890s – Congressional designation of national battlefields
  • Public support grows to deter theft of artifacts on Federal lands
antiquities act of 1906

Overview of Laws & Regulations 1906 – Present

Antiquities Act of 1906
  • Unauthorized investigation & collection of archaeological evidence is prohibited
  • $500 penalty for violation
  • Collections must be maintained in museums
  • National monuments provision
historic sites act of 1935

Overview of Laws & Regulations 1906 – Present

Historic Sites Act of 1935
  • Establishes a “national policy to preserve for public use historic sites, buildings and objects of national significance for the inspiration and benefit of the people of the United States.”
  • Historic American Buildings Survey & Historic American Engineering Record
  • National Historic Landmarks Program
  • Authorizes cooperative agreements with communities, states, organizations & individuals to preserve sites.
  • Provide technical advice & assistance to other agencies, states & organizations.
  • Restore or maintain significant historic buildings, archaeological sites, & objects.
post world war ii impetus for cultural resources management legislation

Overview of Laws & Regulations 1906 – Present

Post World War II Impetus for Cultural Resources Management Legislation
  • Economic growth
  • Interstate Highway System
  • Urban Renewal Programs & Suburbia
  • Large Scale Public Works Projects (e.g. dams)
  • Civil rights movement
  • Destruction or alteration of communities
  • Greater input into Federal planning
  • Protection of Native American & minority group rights
  • Loss of archaeological sites & data resulting from public works projects, dam construction & theft
national historic preservation act 1966 as amended

Overview of Laws and Regulations 1906 – Present

National Historic Preservation Act 1966, As Amended
  • Centerpiece of Federal historic preservation program (Section 106 and 110)
  • Congress declares that “the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people.”
national environmental policy act 1969

Overview of Laws & Regulations 1906 – Present

National Environmental Policy Act 1969
  • Preserve important historic & cultural aspects of our national heritage
  • Section 102 requires that agencies must take into account the effects of projects on cultural resources
  • Advisory Council on Historic Preservation’s regulations encourage integration of NHPA compliance with NEPA review
archaeological historic preservation act of 1974 replaces the reservoir salvage act of 1960

Overview of Laws & Regulations 1906 – Present

Archaeological & Historic Preservation Act of 1974 (Replaces the Reservoir Salvage Act of 1960)
  • Updates fines & protection of cultural resources
  • Describes cultural resources data recovery
  • Speaks about maintenance of any collections (museum property) generated from cultural resources studies
  • ***Provides authority & quantifies percentage of budget that can be allocated to cultural resources projects
archaeological resources protection act of 1979

Overview of Laws & Regulations 1906 – Present

Archaeological Resources Protection Act of 1979
  • Requires a permit to excavate, remove or collect archaeological resources. Must notify tribes.
  • Collections must be curated in museums or similar institutions
  • Fines increased to up to $10,000 & $100,000 & possible imprisonment.
  • Forbids the interstate or foreign trade, sale, transport or exchange of objects in violation of state or local law
  • Agencies are directed to survey

their lands

  • Site information is exempted

from FOIA

native american graves protection repatriation act 1990

Overview of Laws & Regulations 1906 – Present

Native American Graves Protection & Repatriation Act 1990
  • Directs FWS to inventory & repatriate Native American or Native Hawaiian human remains or cultural items to individuals, tribes, or organizations, as appropriate
  • Contains an illegal trafficking clause
  • Permits scientific study before repatriation
  • Directs Federal agencies to make a

reasonable effort to protect human remains

or cultural items that are discovered on

Federal lands

wildlife refuge system improvement act of 1997

What is FWS & the Refuge System Doing for Cultural Resources?

Wildlife Refuge System Improvement Act of 1997
  • Develop comprehensive conservation plans that identify & describe the archaeological and cultural values of the planning unit.
  • Develop FWS planning guidance to:
    • Develop CRM overview
    • Integrate CRM info into CCP process
    • Identify objectives & priorities
    • CRM step-down plans
national wildlife refuge system volunteer and community partnerships act of 1998

What is FWS & the Refuge System Doing for Cultural Resources?

National Wildlife Refuge System Volunteer and Community Partnerships Act of 1998
  • Authorizes partnerships with organizations that promote the conservation of cultural & historical resources of a refuge
  • Encourages the use of refuges for outdoor classroom opportunities that include curricula on understanding & protecting cultural & historical resources
internal policies aimed at cultural resources compliance

What is FWS & the Refuge System Doing for Cultural Resources?

Internal Policies Aimed at Cultural Resources Compliance
  • Has adopted:
    • 50 CFR 27, Subpart F
    • 614 FW 1-5 (1982)
    • 126 FW 1-13 (1997)
read more about it

Resources

Read More About It:
  • FWS Cultural Resource Program

http://refuges.fws.gov/cultural/index.html

  • National Historic Preservation Act

http://www.achp.gov/work106.html

  • Historic Buildings

http://www2.cr.nps.gov/tps/care/goodguides.htm

usfws regional historic preservation officers
Region 1

Anan Raymond 503-625-4377

Region 2

David Siegel 505-248-7396

Region 3

John Dobrovolny 612-713-5439

Region 4

Richard Kanaski 912-652-4415

Region 5

John Wilson 413-253-8560

Region 6

Rhoda Lewis 303-236-8145

Region 7

Debbie Corbett 907-786-3399

Washington Office

Eugene Marino 703-358-2173

Resources

USFWS Regional Historic Preservation Officers