USGS Guide to Federal Environmental Laws and Regulations
CULTURAL & HISTORIC RESOURCES
Table of Contents
Applicable Statutes
-
- Historic
Sites Act of 1935(PL 74-292; 16 U.S.C. 461 et seq.)
- Archeologicaland Historic Preservation Act of 1974 (PL 93-291;16 U.S.C.469)
- National Historic Preservation Act, as amended (PL 89-665; 16 U.S.C. 470)
- Archeological Resources Protection Act of 1979 (PL 96-95; 16 U.S.C. 470aa-11)
Purpose
It is 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. The Historic Sites Act establishes what is known as the National Historic Landmarks Program to encourage the preservation of nationally significant properties.
Major Provisions by Section
- § 2 (16 U.S.C. 462)- Administration by Secretary of the Interior; powers and duties enumerated
- The Secretary of the Interior is given powers including oversight of the
Historic American Buildings Survey and the National Historic Landmark Program, acquisition of property, and use of historic properties.
§ 3 (16 U.S.C. 463)- National Park System Advisory Board
- Establishes the National Park System Advisory Board to advise the Secretary on matters relating to the National Park System.
§ 4 (16 U.S.C. 464)-Cooperation with Governmental and Private Agencies
- This section gives the Secretary the power to seek and accept advice from any organization or individual and to set up technical advisory committees when necessary.
Pertinent Regulations
- 36 CFR Part 2- Resource Protection, Public Use, and Recreation, National Park Service
Under 16 U.S.C. 462(k), the Secretary of the Interior is given the
authority to enact this regualtion which gives a miriad of prohibitions and
guidelines concerning conduct on lands under NPS oversight. Some of the
categories included are: preservation of natural, cultural, and
archeological resources, wildlife protection, fishing and weapons, traps,
and nets. Federal agencies are amongst the groups eligible to receive specimen
collection permits for certain research purposes. Section 2.32. states the
prohibitions for interfering with government employees.
- 36 CFR Part 62- National Natural Landmarks Program, National Park Service
These procedures establish the processes used to identify, study,
designate, recognize, and monitor national natural landmarks, including the criteria which areas must satisfy to be included on the National Registry of Natural Landmarks. A landmark may be suggested for designation by the Natural Region Studies of the NPS, or other state and federal agency programs. After the proper notification, evaluation, and agreement processes have been performed, final landmark designations are published in the October Federal Register listing.
- 36 CFR Part 65- National Historic Landmarks Program, National Park Service
Criteria are set forth in this regulation for designating a landmark
under the National Historic Landmarks Program. Theme studies, conducted by the
NPS, are the primary means used to identify historic landmarks. These
studies provide a contextual framework to evaluate the relative significance
of historic properties. The regulation gives information on the recognition,
monitoring, boundary alteration, and withdrawal from the Landmarks Program.
- 516 DM 2 Appendix 2 (2.2), Department of Interior
Interior employees must prepare environmental documents (EA, FONSI, EIS) for actions which may adversely affect areas or lands listed on the Department's National Registry of Natural Landmarks.
Purpose
The Archeological and Historic Preservation Act furthers the policy of the Historic Sites Act of 1935 by specifically providing for the preservation of historic and archeologial data that would otherwise be lost as a result of Federal construction or other federally licensed or aided activities.
Major Provisions by Section
- § 3 (16 U.S.C. 469a-1)- Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction permits; notice to Secretary of the Interior; survey, recovery, preservation, and protection of data
-
Any Federal agency that finds its actions may cause adverse effects on significant scientific, prehistorical, historical, or archeological data must notify the Secretary of this knowledge and may request that the Secretary take the actions needed to protect such data.
§ 7 (16 U.S.C. 469c )- Assistance to Secretary of the Interior by Federal agencies responsible for construction projects; authorization of appropriations
-
This section authorizes as much as one percent of project appropriations tobe spent on historic and archeological data recovery for projects over $50,000.
Purpose
The Federal government wishes to encourage agencies and individuals to
continue in the development of historic preservation programs. The National Historic Preservation Act (NHPA) provides state and local governments and the National Trust for Historic Preservation with assistance so that they may expand and accelerate their historic
preservation programs and activities.
Major Provisions by Section
Title I
- § 101 (16 U.S.C. 470a )- National Register of Historic Places
- A National Register of Historic Places is created which consists of districts, sites, buildings, structures, and objects significant in American history,
architecture, archeology, engineering, and culture. Along with this, are
established a Natural Historic Landmarks program and State Historic Preservation programs.
§ 106 (16 U.S.C. 470f )- Advisory Council on Historic Preservation- Each Federal agency having direct or indirect jurisdiction over an undertaking, or having authority to license any undertaking must take into account the effect of its actions on any site elgible for inclusion in the National Register of Historic Places. Decisions affecting such resources need to be brought before an Advisory Council on Historic Preservation (ACHP), which must be afforded the opportunity to comment.
§ 110 (16 U.S.C. 470h-2 )- Federal agency responsibility- Federal agencies who control any historic properties are given the responsibility to oversee those sites. Each agency is also directed to
establish a preservation program to identify, evaluate, and nominate candidates for the National Register of Historic Places.
Title II
- § 201 (16 U.S.C. 460i)- Advisory Council on Historic Preservation
- An Advisory Council on Historic Preservation is to be organized as an independent agency of the U.S. Government. Terms of membership are listed.
§ 202 (16 U.S.C. 470j)- Duties of council- The duties of the Advisory Council on Historic Preservation are presented. One such duty is to advise the President and Congress on matters relating to historic preservation.
Title IV
- § 403 (16 U.S.C. 470x-2)- Establishment of National Center
- A national initiative to promote research, distribute information and provide training about preservation skills is formed
within the Department of the Interior to be known as the National Center for Preservation Technology and Training.
Pertinent Regulations
- 36 CFR Part 60- National Register of Historic Places, National Park Service
In this regulation, the requirements are set forth for listing properties
in the National Register of Historic Places. Properties may be added through
acts of Congress or Executive orders, by the Secretary of the Interior,
State Historic Preservation Programs, Federal agencies, or from any person
or local government without an approved state program. Section 60.2 gives
the effects of listing under Federal law. It is stated here that Federal
agency projects that have an effect on a listed or eligible property must give
the Advisory Council on Historic Preservation a reasonable opportunity to
comment. Criteria for evaluation are given in 60.4. Much of the act discusses
the site nomination process as it applies to each of the qualified
submitting parties. Guidelines are given for the publication of decisions in
the Federal Register.
-
36 CFR Part 61- Procedures for Approved State and Local Government Historic Preservation Programs, National Park Service
The National Register Programs Manual ( 61.3), published by the
National Park Service, provides guidelines and procedures for approved
historic preservation programs to use matching grant assistance for
preservation program activities. Copies can be ordered from the National
Park Service. Section 4 gives information on setting up state programs. A
State Historic Preservation Officer (SHPO) shall be appointed by the
Governor to carry out mutilple duties including the maitenance of the National
Register of Historic Places and the establishment of a statewide historic
preservation plan. Following this, in 61.4(c)(2), are the procedures for
review and approval of state historic preservation programs. The regulation
also provides for the establishment of local programs by the states. Local
programs are required to organize a historic preservation review commission
and to maintain a system for the survey of historic properties, among other
duties. Approved state programs shall be eligible for grants from the Historic Preservation Fund. Part 61 finally concludes with two appendices. The first outlines professional
qualifications standards and the second lists information sources by state.
- 36 CFR Part 63-Determinations of Eligibility for Inclusion in the National Register of Historic Places, National Park Service
Federal agencies must consider the eligibility of sites for inclusion
in the National Register of Historic Places when proposed actions may affect
historic properties under their jurisdiction. In situations that may involve
historic places, an agency shall consult the State Historic Preservation
Officer (SHPO) to identify such property. The agency must then apply the
National Register Criteria for Evaluation contained in 36 CFR 60.6 for each
potentially eligible property. A letter is then to be sent to the Keeper of
the National Register (63.2(d) & (e). The Keeper of the National Register is responsible for the review and nomination of properties determined eligible.
- 36 CFR Part 78- Waiver of Federal Agency Responsibilities under Section 110 of the National Historic Preservation Act, National Park Service
This discusses the power of the Secretary of the Interior to waive 110
requirements of the NHPA for Federal agencies in cases of a major natural
disaster or in imminent threat of national security.
- 36 CFR Part 800- Protection of Historic and Cultural Resources, Advisory Council on Historic Preservation
This implements 106 of the NHPA which requires Federal officials to
consider the effect of the agency undertakings on National Register of
Historic Places properties. It also gives the Advisory Council on Historic
Places (ACHP) an opportunity to comment on such undertakings (800.6). The
regulation covers 106(f) of NHPA which requires agency heads to minimize harm
to the National Historic Landmarks, to the extent possible. Subpart B lays out
the specifics for the 106 process, including a special provision for states
having special agreements with the Council for 106 purposes (800.7). Agencies
are encouraged to develop alternatives to reduce effects on historic
properties. The 106 process must be completed before any Federal funds,
license, or permit is given to the project. Procedures are established to
identify ans assess historic properties in 800.4 and 800.5, respectively.
Subpart C gives special provisions for situations including protecting
National Historic Landmarks, properties discovered during an undertaking,
coordination with other authorities and etc.
- 519 DM 1- Preservation of Historic Property, Department of the Interior
This states that the Federal government will provide leadership in
preserving, restoring, and maintaining the historic and cultural environment
of the nation and outlines the responsibilities of various officials.
Purpose
The goal of the Archeological Resources Protection Act (ARPA) is to protect archeological resources on public and Indian lands by establishing criminal
and civil penalties for unlawful excavation, removal, or destruction of such
resources, and sets up permitting policies through the appropriate land
manager. To carry out this purpose, the Act seeks to increase the exchange
of information between governmental authorities, the archaeological
community and private individuals.
- § 4 (16 U.S.C. 470cc) - Excavation and removal
- The conditions of applying and issuing permits for the excavation or removal of any archaeological resource from public lands are presented.
-
§ 6(16 U.S.C. 470ee)- Prohibited acts and criminal penalties
- Virtually all tampering with or marketing of archaeological resources is prohibited.
Pertinent Regulations
- 18 CFR Part 1312- Protection of Archaeological Resources: Uniform
Regulations, Tennessee Valley Authority
The definitions, standards, and procedures to be followed under the
ARPA by all Federal land managers for the protection of archeological
resources located on public and Indian lands are given. This includes the
issuance of permits for excavation or removal of archaeological resources.
- 516 DM 2 Appendix 2 (2.2) & (2.7), Department of Interior
Environmental documents must be prepared for actions which may
adversely affect such unique geographic characteristics as historic or
cultural properties and those listed or eligible for listing in the Department
s National Register of Natural Landmarks or the National Register of
Historic Places.
Since 1979, it has been USGS policy that compliance responsibilities
on public lands lie with the surface managing agency through MOUs and other
agreements. Examples of such agreements include:
- Programmatic Memorandum of Agreement among Bureau of Land Management (BLM), Office of Surface Mining (OSM) , and USGS with the Advisory Council on
Historic Preservation Regarding t he FederalCoal Management Program (May 20,1980)
- Cooperative procedures with BLM for historic and cultural properties include:
Cooperative Procedures for Upland Oil and Gas Operations (2/17/77)
Cooperative Procedures for Geothermal Lease Operations (6/22/78)
Cooperative Procedures for Onshore Mineral Lease Operations Exclusive
of Oil, Gas, Geothermal, and Oil Shale (7/28/77)
Cooperative Procedures for Coal Lands Under the Jurisdiction of BLM (10/
7/80)
Cooperative Procedures for OCS Oil and Gas Operations (3/17/78)
- Cooperative procedures with Bureau of Indian Affairs (BIA) for historic and cultural properties:
Cooperative Procedures for the Protection of Historic and Cultural
Properties Related to USGS Activities, Exclusive of Coal Exploration
and Evaluation, on Indian Lands (8/31/81)
- Cooperative procedures with the U.S. Forest Service (FS) for historic and
cultural properties:
Cooperative procedures are in process of negotiation. Until finalized,
USGS must ensure compliance with the FS proposed counterpart
regulations at 7 CFR Part 3100.
- Historic and cultural properties
- Those nonrenewable remains of human
activity, occupation, artifacts, ruins, works of art, architecture, and
areas of religious significance that were of importance in human events.
These resources consist of physical remains, areas where significant
human events occurred--even though physical evidence of such events no
longer exists and the physical setting immediately surrounding the actual
resource. Historic and cultural properties include both prehistoric and
historic remains.
Landmark- A district, site, building, structure or object, in public or
private ownership, judged...to possess national significance in American
history, archeology, architecture, engineering and culture.
National natural landmark- An area of national significance located within the boundaries of the U.S. or on the Outer Continental Shelf designated by the Secretary of the Interior that contains an outstanding representative
example(s) of the nation's natural heritage, including terrestrial communities, aquatic communities, landforms, geological features, habitats of native plant and animal species, or fossil evidence of the development of life on earth. (36 CFR Part 62.2)
National Registry of Natural Landmarks- The official listing of all national
natural landmarks. (36 CFR Part 62.2)
National significance- Denotes a site which exemplifies one of a natural
region s characteristic biotic or geologic features which has been
evaluated using Department of the Interior standards, as one of the
best examples of that feature known. (36 CFR Part 62.2)
Surface disturbing project- Any activity which will result in the disruption or removal of in-situ surface soils or sediments.
Any action which may destroy or cause loss of a natural landmark or
affect the criteria (36 CFR Part 62.9) for which the landmark was
designated. Other activities include drilling, mining, quarrying, and the
construction of access roads. Also included is repeated off-road travel that
would create a potential for longterm erosion.
Alteration or removal of existing structures. (30 CFR Part 300)
Natural Landmarks
- Consult the National Registry of Natural Landmarks to
determine if any landmark is located in an area that may be affected by the
proposed action.
- If there is, consult with the regional NPS office to determine if the
proposed action may affect a natural landmark.
- Depending on the nature and extent of effect, an environmental assessment
or an environmental impact statement may be required.
General Cultural Resources* (Consult 30 CFR Part 300 for details)
- Determine whether a particular undertaking will be surface disturbing.
- Check the National Register and supplements for listings of sites in the
area of the undertaking.
- Consult with the National Register of Historic Places to evaluate existing inventory data. Then determine if additional historic and cultural properties inventories are necessary. If they are not, the project mayproceed.
- When no historic or cultural properties are located during an inventory,
the activity may proceed after consultation with the appropriate SHPO.
- When National Register or eligible historic or cultural properties are
located within the project's impact area during the inventory, they may be
avoided to eliminate the potential for direct or indirect effects. With the
SHPO's concurrence to the avoidance plan, the project may proceed. This
step initiates the preparation of an Environmental Assessment under 516 DM 2
Appendix 2(2.2) & (2.7).
- When National Register or eligible historic or cultural properties are
identified but cannot be avoided, additional steps are required:
a) Request the opinion and comments of the SHPO (36 CFR 1204.2) and
ensure that mutually acceptable measures to avoid and mitigate impacts are
developed for National Register eligible properties.
b) Request determination of eligibility from the Keeper of the National
Register.
c) Request comments of the Advisory Council through a properly endorsed and
transmitted EA or draft EIS.
d) Project may proceed.
*In the case of USGS activities on Federal lands, the above procedures will
be carried out by the appropriate surface management agency in accordance with
the procedures set forth in the specific cooperative procedure.
- ArchNet-the "world wide web Virtual Libray for Archaeology" from the University of Connecticut
- Links to the Past-the National Park Service's cultural resources site
|
U.S. Department of the Interior 
Cultural & Historic Resources