Cultural Resource Cultural Resource ManagementManagement

An Introduction to Federal An Introduction to Federal Heritage Preservation and the Heritage Preservation and the

LawLaw

What are cultural resources?What are cultural resources?

Archaeological sites.Archaeological sites. Historic sites, buildings, and structures.Historic sites, buildings, and structures. Traditional cultural properties, which Traditional cultural properties, which

include such resources as traditional include such resources as traditional resource gathering areas, sacred sites.resource gathering areas, sacred sites.

Historic landscapes and viewsheds.Historic landscapes and viewsheds. Museum collections and historical Museum collections and historical

documentsdocuments Community values.Community values.

Why do cultural resources need to Why do cultural resources need to be “managed?”be “managed?”

Population growth and expansionPopulation growth and expansion Significant land-altering projects that Significant land-altering projects that

result from the above (housing tracts, result from the above (housing tracts, shopping malls, highways, dams and shopping malls, highways, dams and reservoirs, extractive industries).reservoirs, extractive industries).

Urban renewal projects (“Tear that ugly Urban renewal projects (“Tear that ugly old building down!”).old building down!”).

Willful (or sometimes unintentional) Willful (or sometimes unintentional) destruction of such resources destruction of such resources (“pothunting,” bottle hunting, relic (“pothunting,” bottle hunting, relic collecting, using historic structures for collecting, using historic structures for firewood, etc.).firewood, etc.).

Where does one find cultural Where does one find cultural resources?resources?

Anywhere there Anywhere there has been human has been human activity of any sort activity of any sort that leaves some that leaves some type of physical type of physical evidence.evidence.

Cultural resources Cultural resources can be as close as can be as close as next door!next door!

How, and under what authorities, How, and under what authorities, are cultural resources managed?are cultural resources managed?

Cultural resources specialists Cultural resources specialists (heritage managers, preservationists, (heritage managers, preservationists, preservation program managers) preservation program managers) working for federal or state agencies.working for federal or state agencies.

Contract archaeologists, architectural Contract archaeologists, architectural historians, and historians.historians, and historians.

Local, non-profit organizations Local, non-profit organizations (historical societies, museums, etc.)(historical societies, museums, etc.)

Federal Authorities that address Federal Authorities that address cultural resourcescultural resources

The National Historic Preservation Act of The National Historic Preservation Act of 1966 (NHPA)1966 (NHPA)

The Historic Sites ActThe Historic Sites Act Executive Order 13006Executive Order 13006 Section 4(f) of the Department of Section 4(f) of the Department of

Transportation ActTransportation Act The Antiquities Act of 1906The Antiquities Act of 1906 The Archaeological Resources The Archaeological Resources

Protection Act of 1979 (Amended 1984).Protection Act of 1979 (Amended 1984).

But wait, there’s more!But wait, there’s more!

The Archaeological Data Preservation The Archaeological Data Preservation Act of 1974Act of 1974

The Abandon Shipwreck ActThe Abandon Shipwreck Act The American Indian Religious The American Indian Religious

Freedom Act (AIRFA)Freedom Act (AIRFA) Executive Order 13007 (Indian Executive Order 13007 (Indian

Sacred Sites)Sacred Sites) Native American Grave Protection Native American Grave Protection

and Repatriation Act of 1990and Repatriation Act of 1990

A Short History of Preservation Law A Short History of Preservation Law in the U.S.in the U.S.

1800: Congress appropriates $5,000 1800: Congress appropriates $5,000 to buy books to begin Library of to buy books to begin Library of Congress.Congress.

1906: Congressional approval of the 1906: Congressional approval of the Antiquities Act that made it unlawful Antiquities Act that made it unlawful to excavate sites on federal lands.to excavate sites on federal lands.

1916: National Park Service (NPS) 1916: National Park Service (NPS) created; management of historic created; management of historic battlefields now its resposibility.battlefields now its resposibility.

More history. . .More history. . .

1935: The Historic Sites Act allows for 1935: The Historic Sites Act allows for acquisition and documentation of acquisition and documentation of important historic resources.important historic resources.

1949: The formation of the National Trust 1949: The formation of the National Trust for Historic Preservation, a private sector, for Historic Preservation, a private sector, non-profit preservation organization, non-profit preservation organization, conceived in part by NPS historians.conceived in part by NPS historians.

1960: Reservoir Salvage Act allows for 1960: Reservoir Salvage Act allows for “salvage archaeology” and documentation “salvage archaeology” and documentation of historic neighborhoods by NPS and the of historic neighborhoods by NPS and the Smithsonian.Smithsonian.

Even more history. . .Even more history. . .

1966: National Historic Preservation Act born 1966: National Historic Preservation Act born out of concerns over Kennedy’s Urban out of concerns over Kennedy’s Urban Renewal Program and Lady Bird Johnson’s Renewal Program and Lady Bird Johnson’s “beautification” program.“beautification” program.

1969: National Environmental Policy Act 1969: National Environmental Policy Act (NEPA) created, favoring environmental (NEPA) created, favoring environmental protection.protection.

1972: Executive Order 11593, directing Feds 1972: Executive Order 11593, directing Feds to recognize “eligible” properties under NHPA.to recognize “eligible” properties under NHPA.

1974: Moss-Bennett Act (Archaeological Data 1974: Moss-Bennett Act (Archaeological Data Protection Act) expands RSA scope with Feds.Protection Act) expands RSA scope with Feds.

You guessed it. . .You guessed it. . .

1978: American Indian Religious 1978: American Indian Religious Freedom Act enacted.Freedom Act enacted.

1979: Archaeological Resources 1979: Archaeological Resources Protection Act passed after Antiquities Protection Act passed after Antiquities Act declared “constitutionally vague.”Act declared “constitutionally vague.”

1980: NHPA amended, including 1980: NHPA amended, including Section 110.Section 110.

1984: ARPA amended to change site 1984: ARPA amended to change site damage from “$5,000.00” to damage from “$5,000.00” to “$500.00.”“$500.00.”

Eh, huh. . .Eh, huh. . .

1990: Native American 1990: Native American Grave Protection and Grave Protection and Repatriation Act—poorly Repatriation Act—poorly written, and confusing to written, and confusing to everyone (what the hell everyone (what the hell is “cultural is “cultural patrimony?”).patrimony?”).

1992: NHPA amended 1992: NHPA amended again to provide for again to provide for assistance for tribal assistance for tribal preservation programs.preservation programs.

NHPA and the “Holy Trinity of NHPA and the “Holy Trinity of Historic Preservation.”Historic Preservation.”

National Historic Preservation Act created National Historic Preservation Act created to document “historic properties” by to document “historic properties” by creating the National Register of Historic creating the National Register of Historic Places (NRHP).Places (NRHP).

Federal agencies become responsible for Federal agencies become responsible for identifying and nominating properties to identifying and nominating properties to the NRHP.the NRHP.

NHPA further creates system of checks-NHPA further creates system of checks-and-balances to make certain Feds comply and-balances to make certain Feds comply with law and take into consideration the with law and take into consideration the needs and desires of individual states.needs and desires of individual states.

The TrinityThe Trinity

State Historic State Historic Preservation Preservation Offices (SHPOs).Offices (SHPOs).

The Federal The Federal Agencies (The Agencies (The Feds).Feds).

The Advisory The Advisory Council on Historic Council on Historic Preservation Preservation (ACHP).(ACHP).