REGULATIONS, POLICIES, AND GUIDANCE

Laws and Policies

REGULATIONS, POLICIES, AND GUIDANCE - Regulations

Regulations are promulgated and published in the Code of Federal Regulations (CFR) to direct the implementation of laws. The following CFR citations are most pertinent to cultural resource management.

	43 CFR 3 (Antiquities Act) establishes procedures to be followed for permitting the excavation or collection of prehistoric and historic objects on federal lands.
	43 CFR 7, Subparts A and B (Archaeological Resources Protection Act, as amended), "Protection of Archeological Resources, Uniform Regulations" and "Department of the Interior Supplemental Regulations," provides definitions, standards, and procedures for federal land managers to protect archeological resources and provides further guidance for Interior bureaus on definitions, permitting procedures, and civil penalty hearings.
	36 CFR 2.5 (NPS Act of 1916) states conditions under which park superintendents may permit collection of plants, fish, wildlife, rocks, and minerals, including museum catalog requirements.
	36 CFR 18 (National Historic Preservation Act of 1966), "Leases and Exchanges of Historic Property," governs the historic property leasing and exchange provisions of this law.
	36 CFR 60 (NHPA and EO 11593), "National Register of Historic Places," addresses concurrent state and federal nominations, nominations by federal agencies, revision of nominations, and removal of properties from the National Register.
	36 CFR 61 (NHPA and EO 11593), "Procedures for Approved State and Local Government Historic Preservation Programs," establishes standards for the approval of state historic preservation programs; requires state historic preservation officers to conduct statewide surveys of cultural properties, prepare and implement state preservation plans, and cooperate with federal agencies in §106 compliance; sets qualification standards for preservation professionals.
	36 CFR 63 (NHPA and EO 11593), "Determinations of Eligibility for inclusion in the National Register of Historic Places," establishes process for federal agencies to obtain determinations of eligibility on properties.
	36 CFR 65 (Historic Sites Act of 1935), "National Historic Landmarks Program," establishes criteria and procedures for identifying properties of national significance, designating them as national historic landmarks, revising landmark boundaries, and removing landmark designations.
	36 CFR 67, "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," 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.
	36 CFR 68 (NHPA) contains the secretary of the interior's standards for historic preservation projects, including acquisition, protection, stabilization, preservation, rehabilitation, restoration, and reconstruction.
	36 CFR Part 79 (NHPA and ARPA), "Curation of Federally Owned and Administered Archeological Collections, " provides standards, procedures and guidelines to be followed by Federal agencies in preserving and providing adequate long-term curatorial services for archeological collections of prehistoric and historic artifacts and associated records that are recovered under §I10 of the NHPA, the Reservoir Salvage Act, ARPA and the Antiquities Act.
	36 CFR Part 800 (NHPA), "Protection of Historic Properties" are the regulations of the Advisory Council on Historic Preservation that implement §106 of the National Historic Preservation Act, as amended, and presidential directives issued pursuant thereto.