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Historic Preservation Statutes and Regulations for Federal Agencies and Programs
A. HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES ACT OF 1935, 16 USC 461-467
This declares 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.
B. ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974, as amended, 16 U.S.C. 469-469c
The Archaeological and Historic Preservation Act (AHPA), as amended, furthers the policies of the
Historic Sites Act of 1935 by providing for the preservation of cultural resources that may be
damaged by federal or federally authorized construction activities. The statute contains the
Reservoir Salvage Act of 1960 and amendments made to it in 1974 (PL 93-291, known as the Moss-Bennett
Act) and 1978 (PL 95-625). The portions of AHPA that may apply to federal agency projects are Section
4(a) and Section 7(a). Section 4(a) requires that the Secretary of the Interior be notified when
unanticipated archaeological materials are discovered during construction of a federal undertaking.
Section 7(a) limits the amount of funds expended for archaeological data recovery as part of a
federal undertaking to one percent of project expenses. However, Section 208 of the 1980 amendment
of the National Historic Preservation Act (PL 96-515) established a procedure for agencies to request
the Secretary of the Interior to waive the one percent limitation.
C. ARCHEOLOGICAL RESOURCES PROTECTION ACT OF 1979 (ARPA), 16 U.S.C. 470aa-470ll
The purpose of this act is to secure the protection of archeological resources and sites on public
or Indian lands, and to foster exchange of information between agencies, organizations and individuals
having collections or data. It requires individuals to obtain a permit from the federal land manager
for any excavation or removal of archeological resources from public or Indian lands. Excavations
must be undertaken for the purpose of furthering archeological knowledge in the public interest, and
resources removed remain the property of the United States.
D. CURATION OF FEDERALLY OWNED AND ADMINISTERED ARCHEOLOGICAL COLLECTIONS, 36 CFR PART 79
These regulations establish definitions, standards, procedures, and guidelines to be followed by
Federal agencies to preserve collections of prehistoric and historic material remains, and associated
records, recovered under the authority of the Antiquities Act (16 U.S.C. 431- 433), the Reservoir
Salvage Act (16 U.S.C. 469-469c), section 110 of the NHPA (16 U.S.C. 470h-2) or the Archaeological
Resources Protection Act (16 U.S.C. 470aa-mm).
E. PRESERVATION OF AMERICAN ANTIQUITIES, 43 CFR PART 3
This sets forth the requirement and procedures for Federal agencies to issue permits for archeological
investigations and excavations on Federal lands, as well as reporting and curation requirements.
F. PROTECTION OF ARCHEOLOGICAL RESOURCES, 43 CFR PART 7
These regulations implement provisions of the Archaeological Resources Protection Act of 1979, by
establishing the uniform definitions, standards, and procedures to be followed by all Federal land
managers in providing protection for archaeological resources located on public lands and Indian lands
of the United States. These regulations enable Federal land managers to protect archaeological
resources through permits authorizing excavation and/or removal; civil penalties for unauthorized
excavation and/or removal; provisions for the preservation of archaeological resource collections
and data; and provisions for ensuring confidentiality of information about archaeological resources
when disclosure would threaten the archaeological resources.
G. THE NATIVE AMERICAN GRAVE PROTECTION AND REPATRIATION ACT OF 1990, PL 101-601
This act sets the policy that federal agencies must work with Native American groups to identify
and return cultural items (human remains and associated funerary objects) discovered on federal lands
to the affiliated Native American group.
H. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT PROCEDURES, 43 CFR PART 10
These establish definitions and procedures for Federal agencies to carry out the Native American
Graves Protection and Repatriation Act of 1990. These regulations develop a systematic process for
determining the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to
certain Native American human remains, funerary objects, sacred objects, or objects of cultural
patrimony with which they are affiliated, and procedures for returning significant items to the
legally recognized tribes.
I. INDIAN SACRED SITES, EXECUTIVE ORDER 13007 OF 1996
Each Federal agency managing Federal lands shall accommodate appropriate access to Indian
sacred sites and avoid adversely affecting the physical integrity of such sites.
J. PROTECTION AND ENHANCEMENT OF THE CULTURAL ENVIRONMENT, EXECUTIVE ORDER 11593
This Executive Order directs Federal agencies to provide leadership in preserving, restoring
and maintaining the historic and cultural environment of the Nation and administer the cultural
properties under their control in a spirit of stewardship and trusteeship for future generations,
initiate measures necessary to direct their policies, plans, and programs so federally owned sites,
structures, and objects of historical, architectural or archaeological significance are preserved,
restored, and maintained. It further requires Federal agencies to inventory, evaluate, and nominate
eligible historic properties to the National Register of Historic Places.
K. NATIONAL HISTORIC PRESERVATION ACT (NHPA) OF 1966, as amended in 1980 & 1992, 16 U.S.C. 470
This act established the policy that all Federal agencies shall assume responsibility for the
preservation of historic properties which they own or control. It also requires coordination
with the State Historic Preservation Officer during the EA and EIS process. Executive Order
11593 was codified into Section 110 of this act in 1980. Section 112, as amended in 1992,
requires that agency personnel and their contractors responsible for historic preservation
meet applicable professional and qualification standards as developed by the Office of
Personnel Management. Sections 106, 110, and 111 require all federal agencies to comply
with the following actions:
- Inventory and nominate to the National Register of Historic Places all agency owned historic properties;
- Take into account the effect of an action on any district, site, building, structure, or object that
is included in or eligible for inclusion in the National Register, prior to the approval of the expenditure
of any Federal funds on the action;
- Afford the Advisory Council on Historic Preservation a reasonable opportunity to comment with
respect to such undertaking;
- Give priority to reuse of historic properties over new construction;
- Apply preservation standards to all activities or projects affecting historic resources;
- Document historic properties that are altered or demolished;
- Have a qualified historic preservation officer with professional staff to coordinate program and compliance activities;
- Lease historic properties, retaining some proceeds to defray administration costs; and
- Protect cultural resources from deterioration and maintain them to historic preservation standards.
L. NATIONAL REGISTER OF HISTORIC PLACES, 36 CFR PART 60
This regulation contains criteria for listing and procedures for nominating all eligible agency owned
or affected historic properties, including evaluations of historic structures, districts, and archeological
resources, to the National Register of Historic Places, National Park Service, Department of the Interior.
M. SECRETARY OF THE INTERIOR'S PROFESSIONAL QUALIFICATIONS STANDARDS, 36 CFR PART 61
This sets forth the standards for education, training, and experience required in Section 112 of the NHPA
for agency personnel and their contractors responsible for historic preservation. In addition, it requires
an effective Preservation Officer thoroughly understands the agency's mission, mandates, and administrative
structure, and has substantial experience in applying and complying with federal historic preservation laws
and in administering historic preservation programs.
N. DETERMINATIONS OF ELIGIBILITY FOR THE REGISTER, 36 CFR PART 63
These regulations provide a shortcut process for identifying historic properties, affording them legal
historic status, and allowing Federal agencies and the State Historic Preservation Officer to agree on
eligibility of historic properties to comply with Section 106 of the NHPA.
O. NATIONAL HISTORIC LANDMARKS PROGRAM, 36 CFR PART 65
This regulation has procedures and criteria for nominating exceptional properties to National Historic
Landmarks status.
P. PROTECTION OF HISTORIC AND CULTURAL PROPERTIES (Advisory Council on Historic
Preservation), 36 CFR PART 800
These procedures implementing Section 106 of the NHPA require Federal agencies to "take into
account" how each of its undertakings could affect historic properties to balance the federal
undertaking and mission of the agency against the historic properties to prevent arbitrary
destruction of historic resources with federal funds. The regulations define "undertakings,"
and require agencies: to identify and evaluate historic properties; assess effects the Federal
agency's undertaking may have on the property; consult with and obtain comments from the public,
the State Historic Preservation Officer, and Advisory Council; and when agency actions may be
harmful, implement a Memorandum of Agreement (MOA), outlining measures the agency will take to
reduce, avoid, or mitigate the adverse effect.
Q. SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION PROJECTS, 36 CFR
PART 67
These standards are reasonably applied to specific rehabilitation projects, taking into
consideration economic and technical feasibility. They pertain to historic buildings of all
materials, construction types, sizes, and occupancy, and encompass the exterior and interior.
They also encompass related landscape features, site, environment, and attached, adjacent,
or related new construction.
R. SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES,
36 CFR PART 68
This regulation sets forth standards for the treatment of historic properties, with specific
treatment standards for preservation, rehabilitation, restoration, and reconstruction projects.
These somewhat parallel the Secretary's Standards for Rehabilitation Projects, but specifically
expand on authentic period preservation and restoration.
S. GUIDELINES FOR FEDERAL AGENCIES RESPONSIBILITIES UNDER SECTION 110, FEDERAL
REGISTER, VOL. 53, NO. 31
Annotated Guidelines for Federal Agency Responsibilities under Section 110 of the NHPA appeared
in the Federal Register on February 17, 1988, (53 FR 4727-46). Each federal agency must establish
a "preservation program" to ensure the identification, evaluation, and nomination to the National
Register of Historic Places (NRHP), as well as the protect historic properties. Section 110
stipulates that each federal agency shall, within the context of its mission and mandates:
- Carry out its programs and activities in ways that support the goals of the NHPA;
- Have a designated Preservation Officer;
- Identify, evaluate, and document its historic properties and nominate them for listing
in the NRHP;
- Manage and maintain its historic properties in ways that preserve the properties' historic,
archaeological, architectural, or cultural values;
- Consider historic properties in addition to its own when planning activities that may affect
them;
- Consult with appropriate government agencies (local, state, and federal), Indian tribes,
Native Hawaiian organizations, and the private sector regarding its preservation activities;
- Ensure that its procedures for complying with Section 106 of the NHPA are consistent
with those of the Advisory Council on Historic Preservation;
- Document historic properties before they are substantially altered or demolished and place
the documentation in an appropriate repository for future use and research;
- Minimize harm to National Historic Landmarks;
- Use available historic properties to the maximum extent feasible and undertake any preservation
of its properties provided that it is consistent with the agency's mission;
- Not grant loans, guarantees, permits, licenses or other assistance to an applicant who
intentionally damages or destroys a historic property to avoid having to comply with Section 106; and
- Consult with the Secretary of the Interior regarding establishment of its preservation program.
T. PUBLIC BUILDINGS COOPERATIVE USE ACT OF 1976, 40 U.S.C. 601a and 611
Federal agencies executing leases must acquire and use structures of historic, architectural,
or cultural significance for federal office buildings, unless unfeasible and imprudent compared
with alternatives.
U. FEDERAL SPACE MANAGEMENT, EXECUTIVE ORDER 12072 OF 1978
Urges Federal Agencies to strengthen urban areas, locate there, cooperate with other federal
agencies, and consider the impact of Federal activities, facilities, and site selections on
transportation, housing, cultural activities, etc., by working with local agencies.
V. LOCATING FEDERAL FACILITIES ON HISTORIC PROPERTIES IN OUR NATION'S CENTRAL
CITIES, EXECUTIVE ORDER 13006 OF 1996
Reaffirms the commitments: in EO 12072 to strengthen our Nation's cities by encouraging the
location of Federal facilities in central cities; in the National Historic Preservation Act to
provide leadership in the preservation of historic resources; and in the Public Buildings
Cooperative Use Act of 1976 to acquire and utilize space in suitable buildings of historic,
architectural, or cultural significance.
W. CONSULTATION AND COORDINATION WITH INDIAN TRIBAL GOVERNMENTS, EXECUTIVE
ORDER 13084 of MAY 14, 1998
In formulating policies affecting Indian tribal governments, agencies shall be guided by
principles of respect for Indian tribal self-government and sovereignty, for tribal treaty
and other rights. Agencies shall have an effective process to permit elected officials and
other representatives of Indian tribal governments to provide meaningful and timely input
in the development of regulatory policies on matters that significantly or uniquely affect
their communities. To the extent practicable and permitted by law, consider any application
by an Indian tribal government for a waiver of statutory or regulatory requirements in
connection with any program administered by that agency.
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