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CULTURAL RESOURCES
Archeology - Prehistoric/Historic
How Can Cultural Resources Affect My
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Laws and Regulations
The federal law that triggers most cultural
resources investigations is the National Historic Preservation Act of 1966
(NHPA). Section 106 of the NHPA requires that every federal agency take into
account how each of its undertakings, such as issuance of a permit, could
affect historic and/or prehistoric properties either listed in, or eligible
for, the National Register of Historic Places (NRHP) on either federal,
public, or private lands with jurisdictional concerns.
Regulations for implementing compliance
with Section 106 have been published in the Federal Register as 36 CFR Part
800. Review of compliance with Section 106 is through the State Historic
Preservation Offices (SHPO) and the lead federal agency with jurisdiction
over the project; for example, the US Army Corps of Engineers (COE), US
Forest Service (USFS), Federal Energy Regulatory Commission (FERC), or the US
Environmental Protection Agency (EPA).
In addition to the NHPA, other federal laws which can come into play are the Antiquties Act of 1906 (Public Law 59-029), Historic Sites Act of 1935 (Public Law 74-292), National
Environmental Policy Act of 1969 (Public Law 91-190), Preservation of Historic and Archaeological Data, as amended (Public Law 93-291), American Indian Religious Freedom Act (Public Law 95-341), Archaeological Resource Protection Act of 1979 (Public Law 96-95), and other legislation pertaining to cultural resources and antiquities.
The NHPA (16 U.S.C. 470) created the Advisory Council on Historic Preservation (ACHP), an independent federal agency, to advise the President and Congress on matters involving historic preservation. The ACHP is authorized to review and comment on all actions licensed by the federal government which will have an effect on properties listed in the National Register for Historic Places, or eligible for such listing.
Specifically, Section 106 of the Act (16
U.S.C. 470(f)) requires that a federal agency involved in a proposed project
or activity is responsible for initiating and completing the review process.
The agency must confer with the State Historic Preservation Officer (an
official appointed in each State or territory to administer the National
Historic Progam) and the NHPA. For example, the Antiquities Code of the State
of Texas requires that the Texas Historical Commission review any action that
may disturb historic and archeological sites on state land. Actions that need
review may include any construction on land owned or controlled by a state
agency or a state political subdivision, such as a city or county. Before
development that will affect important historic and archeological sites can
proceed, antiquities permits are required for the appropriate archeological
investigating.
The National Register is an inventory of the United
States' historic resources and is maintained by the National Park Service.
The inventory includes building, structures, objects, sites, districts, and
archeological resources. The listed properties are not necessarily
significant nationally, rather most are significant primarily at the state or
local level. As mentioned above, Section 106 also encompasses significant
properties which have not yet been listed or formally determined to be
eligible for listing.
Federal actions include, but are not
limited to, construction, rehabilitation and repair projects, demolition,
licenses, permits (e.g., Clean Water Act Section 404 permits), loans, loan
guarantees, grants, and federal property transfers. The agency sponsoring one
of these activities is obligated to seek ACHP comments.
For further information on the National Historic Preservation Act and the Section 106 review process:
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