Selected Federal laws related to cultural resources

1906 Antiquities Act

Removal of antiquities from federal land requires permit from Interior Secretary

1916 National Park Service created

takes over land management of historic sites, including battlefields from War Dept.

1935-43 WPA projects—major influence on CRM—esp. divisions with academia

deadlines

non-problem oriented

gray literature

1956 Federal Aid for Transportation Act

Funded salvage archaeology of interstate highway construction corridors—mostly subsumed by NHPA

1960 Reservoir Salvage Act

Funded continued archaeological salvage by NPS and Smithsonian in areas to be submerged by new reservoirs—mostly subsumed by NHPA

1966 National Historic Preservation Act (NHPA)

Created CRM agencies and offices (OAHP, SHPO, ACHP), National Register of Historic Places

Section 106 of the act requires feds to consider effects of plans (either $$ or permits) on places listed in Register

1972 Executive Order 11593—Register eligible properties also included (must meet criteria of significance)

1979 amendment—SHPO become more powerful, regs legally binding (36 CFR 800)

1969 National Environmental Policy Act (NEPA)

Feds have to consider effects of their plans on environment, including human environment, Environmental Impact Statements (EIS), Social Impact Statements, created CEQ

1994 Executive Order 12898—environmental justice must be considered

1974 Archaeological Data Preservation Act (aka Moss-Bennett Act)

update of Reservoir Salvage Act, now mostly covered by Section 106 of NHPA

1978 American Indian Religious Freedom Act (AIRFA)

Fed agencies should consult with tribes about things that might affect religious practices—but feds can neither establish nor prohibit free exercise—now included in regulations for NHPA and NEPA

1979 Archaeological Resources Protection Act (ARPA)

Update/clarification of Antiquities Act (court ruled it too vague, esp. re. age of “antiquities”), applies only to resources on Federal and Indian land at least 100 years old, prohibits sale or transport of materials, civil penalties

1988 Abandoned Shipwrecks Act (ASA)

all abandoned shipwrecks in US submerged lands that are Register eligible are property of US Govt., and not subject to salvage under Admiralty law

1990 Federal Curation Regulations 36 CFR Part 79

guidelines for storage of federally owned materials excavated under ARPA, NHPA, RSA, etc.

1990 Native American Graves Protection and Repatriation Act (NAGPRA)

protects unmarked Native American graves, procedures for repatriation of human remains, grave goods and some kinds of other cultural objects from museums receiving federal funds

1996 Executive Order 13007--Indian Sacred Sites

Feds have to try to protect Indian Sacred sites, avoid affecting access, integrity

Affects NHPA and NEPA implementation—NPS regs on Traditional Cultural Properties (TCP)

Selected Washington State Laws

1941 Indian Graves and Records

Prohibits knowingly disturbing graves, sale of grave goods or human remains; inadvertent disturbance requires reburial with tribal supervision, expenses reimbursed by state (but no $$ allocated)

1971 State Environmental Policy Act (SEPA)

It is state policy to require state and local agencies to consider the likely environmental consequences (including cultural resources) of a proposal (often a building permit application, so can apply to private property) before approving or denying the proposal.

1975 Archaeological Sites and Resources

Illegal to knowingly disturb archaeological sites or resources (on all land, public and private) without a permit from DAHP, includes civil penalties as of 2002, includes historic properties abandoned for more than 30 years

2005 Executive Order 05-05

Requires Washington State Agencies with capital projects (i.e. building something) to follow similar rules as Federal Agencies under Sec. 106 of NHPA.

International Conventions

UNESCO conventions—binding to states that have signed on, but legally not enforceable unless state signatories have their own relevant laws

1972—World Heritage Convention (US was the first signatory, but has recently moved away from participation, prohibited US funds and attempted to de-list US sites, citing private property concerns)

1976 Antiquities Trafficking Prohibitions (US is signatory, but has not provided funds)