# Presentation: 152072

## Cultural Resources Management in the USFWS

## 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

- 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)

- 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

- Overview of Laws & Regulations  1906 – Present

**Notes:**
Chicamauga and Chattanooga National Military Park, Tennessee

Efforts to protect significant buildings and sites had been going on for nearly a century – mostly efforts by private organizations or states.

Mention scientific reports in 1880’s; community interest; concern over vandalism  and illegal collecting; Archaeological Institute of America and the AAAS lobbying in the 1890’s.   Mesa Verde’s Cliff Palace – another example of site firing the public’s imagination.

## 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

- 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.

- 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

- Overview of Laws & Regulations  1906 – Present

**Notes:**
1930’s and 1940’s – Federal programs are cruise control.
Civil rights – minority groups – African-Americans, Hispanics, Native Americans 

## 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

**Notes:**
Note forward thinking statement.   Yes, we’re preserving the past – but, we’re doing it for the future and for the benefit of the living communities.

## 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

- Overview of Laws & Regulations  1906 – Present

**Notes:**
Powerful tool for assessing potential impacts to cultural resources and the cultural environment of communities.

## 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

- 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

- Overview of Laws & Regulations  1906 – Present

**Notes:**
Resulted from the inadequacy of the Antiquities Act to address looting and vandalism problems on Federal and  Indian lands.   AA was ruled “unconstitutionally vague.”   Note that agencies are required to “notify”  tribes, not necessarily “consult.”

## 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

- Overview of Laws & Regulations  1906 – Present

**Notes:**
Note the difference in use of terms “Native American” vs. “Indian Tribe.”  Where lineal descent can be determined, human remains and cultural items must be repatriated to individuals, families or groups regardless of their affiliation with a recognized Indian tribe or Native Hawaiian organization.

## Overview of Laws & Regulations  1906 – Present

**Notes:**
Haven’t mentioned federal records and documents.   They are covered under the Federal Records Act of 1948, which created the National Archives Records Administration. 

## 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

- 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

- 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)

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

## Resources

## 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

- 	_[http://refuges.fws.gov/cultural/index.html](http://refuges.fws.gov/cultural/index.html)_
- National Historic Preservation Act
**	**_**[http://www.achp.gov/work106.html](http://www.achp.gov/work106.html)**_
- Historic Buildings
**	**_**[http://www2.cr.nps.gov/tps/care/goodguides.htm](http://www2.cr.nps.gov/tps/care/goodguides.htm)**_

- Read More About It:

- Resources

## 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

## THANK YOU