OTHER LAWS AFFECTING THE NATIONAL PARK SERVICE - Cultural Resources
Abandoned Shipwreck Act of 1987
- Asserts U.S. title to three categories of abandoned shipwrecks: those embedded in a state's submerged lands; those embedded in coralline formations protected by a state on its submerged lands; and those located on a state's lands that are included or determined eligible for inclusion on the National Register of Historic Places. The law then transfers title for a majority of those shipwrecks to the respective states, and provides that states develop policies for management of the wrecks so as to protect natural resources, permit reasonable public access, and allow for recovery of shipwrecks consistent with the protection of historical values and environmental integrity of wrecks and sites.
American Folklife Preservation Act of 1976
- Policy of U.S. is to "preserve, support, revitalize, and disseminate American folklife traditions and arts." Act defines folklife, establishes American Folklife Center, and authorizes the Librarian of Congress to promote various American folklife programs.
American Indian Religious Freedom Act
- Declares policy to protect/preserve the inherent and constitutional right of the American Indian/Eskimo/Aleut/ Native Hawaiian people to believe/express/exercise their traditional religions and calls for a now-completed evaluation of federal procedures/programmatic objectives/policies. Statute imposes no specific procedural duties on federal agencies. Religious concerns should be accommodated or addressed under NEPA or other appropriate statutes.
Antiquities Act of 1906
- Provides for the protection of historic or prehistoric remains, "or any antiquity," on federal lands; establishes criminal sanctions for unauthorized destruction or taking of antiquities; authorizes the president to declare national monuments by proclamation; authorizes the scientific investigation of antiquities on federal lands, subject to permit and regulations. Protects historic monuments and ruins on public lands. NPS does not have to seek permits for activities carried out on NPS land by authorized personnel. Passage of the Archeological Resources Protection Act (1979) supersedes the Antiquities Act as an alternative federal tool for prosecution of antiquities violations in NPS areas.
Archaeological and Historic Preservation Act of 1974
- Amends and updates Reservoir Salvage Act of 1960 to broaden legislation beyond dam construction. Provides for the preservation of significant scientific, prehistoric, historic, or archeological data (including relics and specimens) that might be lost or destroyed as a result of (1) the construction of dams, reservoirs, and attendant facilities, or (2) any alteration of the terrain caused as a result of any federal construction project or federally licensed project, activity, or program. Provides for the recovery of data from areas to be affected by federal actions.
Archaeological Resources Protection Act of 1979
- Secures the protection of archeological resources on public or Indian lands and fosters increased cooperation and exchange of information between private/governmental/ professional community in order to facilitate enjoyment/education of present and future generations. Regulates excavation and collection on public and Indian lands. Defines archeological resources to be any material remains of past human life or activities that are of archeological interest and are at least 100 years old. Requires notification of Indian tribes who may consider a site of religious or cultural importance prior to issuing permit. Amended in 1988 to require development of plans for surveying public lands for archeological resources and systems for reporting incidents of suspected violations.
Executive Order 11593: Protection and Enhancement of the Cultural Environment
- Instructs all federal agencies to support the preservation of cultural properties; directs them to identify and nominate to the National Register cultural properties under their jurisdiction and to "exercise caution...to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished, or substantially altered."
Executive Order 13007: Indian Sacred Sites
- Requires federal land managers to accommodate access to and ceremonial
use of Indian sacred sites by Indian religious practitioners and avoid
adversely affecting the physical integrity of sacred sites to the extent
practicable, permitted by law and not inconsistent with essential agency
functions. [Back to List]
Historic Preservation Certifications Pursuant to the Tax Reform Act of 1976, the Revenue act of 1978, the Tax Treatment Extension Act of 1980, and the Economic Recovery Tax Act of 1981, 36 CFR 67
Establishes procedures whereby owners or holders of long-term leases for old and/or historic buildings may obtain certifications to gain federal tax credits for rehabilitation; describes tax deductions for owners who donate interests in cultural resources for preservation purposes.
Historic Sites Act of 1935
- This act establishes "...national policy to preserve for public use historic sites, buildings and objects of significance for the inspiration and benefit of the people of the United States." Directs the Secretary to carry out wide-ranging programs in the field of history and places with the Secretary the responsibility for national leadership in the field of historic preservation. Authorizes Historic American Buildings Survey, Historic American Engineering Record, and National Survey of Historic Sites and Buildings (national historic landmarks).
Management of Museum Properties Act of 1955
- Authorizes NPS to accept donations or bequests of museum properties, purchase them from donated funds, exchange them, and receive and grant museum loans.
National Historic Preservation Act of 1966, as amended
- Declares a national policy of historic preservation, including the encouragement of preservation on the state and private levels; authorizes the secretary of the interior to expand and maintain a National Register of Historic Places including properties of state and local as well as national significance; authorizes matching federal grants to the states and the National Trust for Historic Preservation for surveys and planning and for acquiring and developing National Register properties; establishes the Advisory Council on Historic Preservation; requires federal agencies to consider the effects of their undertakings on National Register properties and provide the Advisory Council opportunities to comment (§106). Amended in 1976 (P.L. 94-422) to expand §106 to properties eligible for as well as listed in the National Register. Amended in 1980 (P.L. 96-515) to incorporate E.O. 11593 requirements, to give national historic landmarks extra protection in federal project planning, and to permit federal agencies to lease historic properties and apply the proceeds to any National Register properties under their administration. Amended in 1992 to, among other things, redefine federal undertakings, address "anticipatory demolition," and emphasize the interests and involvement of Native Americans and Native Hawaiians.
National Trust Act of 1949
- Facilitates public participation in preservation of sites, buildings, and objects of national significance or interest. Creates National Trust for Historic Preservation and empowers it to acquire and hold property for historic preservation purposes. Supported in part by NPS-administered funds.
Native American Grave Protection and Repatriation Act
- Assigns ownership or control of Native American human remains, funerary objects, sacred objects and objects of cultural patrimony that are excavated or discovered on federal lands or tribal lands after passage of the act to lineal descendants or culturally affiliated Native American groups; establishes criminal penalties for trafficking in remains or objects obtained in violation of the act; provides that federal agencies and museums that receive federal funding shall inventory Native American human remains and associated funerary objects in their possession or control and identify their cultural and geographical affiliations within 5 years, and prepare summaries of information about Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony. This is to provide for repatriation of such items when lineal descendants or Native American groups request it.
Presidential Memorandum of April 29, 1994 "Government-to-Government
Relations with Native American Tribal Governments"
- Clarifies responsibility to ensure federal government operates within a government-to-government relationship with federally recognized Native American tribes.
Protection of Historic and Cultural Properties, E.O. 11593; 36 CFR 60,
61, 63, 800; 44 FR 6068
- Instructs all federal agencies to support the preservation of cultural properties; directs them to identify and nominate to the National Register cultural properties under their jurisdiction and to "exercise caution...to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished, or substantially altered."
Public Buildings Cooperative Use Act of 1976
- Requires GSA administrator to acquire and use space to accommodate federal agencies in buildings of architectural or cultural significance where feasible. Amends Architectural Barriers Act on accessibility.
Reservoir Salvage Act of 1960
- Provides for the recovery and preservation of "historical and archeological data (including relics and specimens)" that might be lost or destroyed in the construction of dams and reservoirs.
Tax Reform Act of 1976
- Provides tax incentives to encourage the preservation of commercial historic structures, including those operated by park concessioners.
World Heritage Convention
- Title IV of National Historic Preservation Act Amendments directs the secretary of interior to nominate properties of international significance to the World Heritage List; requires federal agencies to consider the effects of their undertakings on properties outside the United States on the World Heritage List or on the applicable countries' equivalents of the National Register.