cultural resources management in the usfws. overview of laws & regulations 1906 – present

Cultural Resources Management in the

USFWS

Overview of Laws & Regulations 1906 – Present


20 laws passed by Congress addressing protection of cultural resources7 Executive OrdersAt least 15 sets of regulations & 9 sets of standards & guidelines


Pre-World War II Impetus for Cultural Resources

LegislationLand Management

Disrupt antiquities market (Western US)

Legitimize the science of archaeology (Eastern US)


Early Protection of Resources

Congress protects Federal archaeological site in 1889 – Casa Grande in AZ1890s – Congressional designation of national battlefieldsPublic support grows to deter theft of artifacts on Federal lands


Antiquities Act of 1906

Unauthorized investigation & collection of archaeological evidence is prohibited$500 penalty for violationCollections must be maintained in museumsNational monuments provision


Historic Sites Act of 1935Establishes 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 RecordNational Historic Landmarks ProgramAuthorizes 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

LegislationEconomic growthInterstate Highway SystemUrban Renewal Programs & SuburbiaLarge Scale Public Works Projects (e.g. dams)Civil rights movementDestruction or alteration of communitiesGreater input into Federal planningProtection of Native American & minority group rightsLoss of archaeological sites & data resulting from public works projects, dam construction & theft


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.”

Overview of Laws and Regulations 1906 – Present

National Environmental Policy Act 1969

Preserve important historic & cultural aspects of our national heritageSection 102 requires that agencies must take into account the effects of projects on cultural resourcesAdvisory 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)

Updates fines & protection of cultural resourcesDescribes cultural resources data recoverySpeaks 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

Requires a permit to excavate, remove or collect archaeological resources. Must notify tribes.Collections must be curated in museums or similar institutionsFines 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 lawAgencies are directed to survey

their landsSite information is exempted

from FOIA


Native American Graves Protection & Repatriation Act

1990Directs FWS to inventory & repatriate Native American or Native Hawaiian human remains or cultural items to individuals, tribes, or organizations, as appropriateContains an illegal trafficking clausePermits scientific study before repatriationDirects Federal agencies to make a

reasonable effort to protect human remains or cultural items that are discovered on Federal lands


CommunityValues(NEPA, EO 12898)

ReligiousPractices(AIRFA)

Historic Resources(NHPA)

ArcheologicalResources (ARPA, AHPA)

Native AmericanCultural Items(NAGPRA)HistoricalObjects (NEPA)

HistoricalDocuments(FRA)

Cultural Valueof the NaturalEnvironment(NEPA;EO 12898)

CulturalResources

Spiritual P laces(EO 13007)


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 overviewIntegrate CRM info into CCP processIdentify objectives & prioritiesCRM step-down plans

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

ComplianceHas adopted:

50 CFR 27, Subpart F614 FW 1-5 (1982)126 FW 1-13 (1997)


Resources

FWS Cultural Resource Programhttp://refuges.fws.gov/cultural/index.html

National Historic Preservation Acthttp://www.achp.gov/work106.html

Historic Buildings

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

Read More About It:

Resources

USFWS Regional Historic Preservation Officers

Region 1Anan Raymond 503-625-4377

Region 2 David Siegel 505-248-7396

Region 3John Dobrovolny 612-713-5439

Region 4Richard Kanaski 912-652-4415

Region 5John Wilson 413-253-8560

Region 6Rhoda Lewis 303-236-8145

Region 7Debbie Corbett 907-786-3399

Washington OfficeEugene Marino 703-358-2173

Resources

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