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Historic Sites Act of 1935 (16 U.S.C. 461) declares 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.” The act authorizes the National Park Service’s National Historic Landmarks Program. The National Historic Landmarks Program is implemented by regulations at 36 CFR part 65.
National Historic Preservation Act of 1966 (NHPA) (16 U.S.C. 470), as amended extends the policy in the Historic Sites Act to State and local historical sites as well as those of national significance, expands the National Register of Historic Places, establishes the Advisory Council on Historic Preservation and the State Historic Preservation Officers, and requires agencies to designate Federal Preservation Officers. 1. NHPA Section 101(d)(2) establishes criteria for designating Tribal Historic Preservation Officers to assume the functions of a State Historic Preservation Officer on Tribal lands. 2. NHPA Section 106 directs all Federal agencies to take into account the effects of their undertakings (actions, financial support, and authorizations) on properties included in or eligible for the National Register. Advisory Council on Historic Preservation regulations at 36 CFR part 800 implement NHPA Section 106. 3. NHPA Section 110 establishes inventory, nomination, protection, and preservation responsibilities for federally owned historic properties.
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4346) establishes national policy for the protection and enhancement of the environment. Part of the function of the Federal government in protecting the environment is to “preserve important historic, cultural, and natural aspects of our national heritage.” The act is implemented by the Council on Environmental Quality (CEQ) regulations at 40 CFR 1500 1508.
The Archeological and Historic Preservation Act of 1974 (AHPA) (16 U.S.C. 469) is also known as the Archeological Recovery Act and the Moss-Bennett Bill. AHPA amended and expanded the Reservoir Salvage Act of 1960 and was enacted to complement the Historic Sites Act of 1935 by providing for the preservation of historical and archaeological data which might be lost or destroyed as the result of the construction of a federally authorized dam or other construction activity. This greatly expanded the number and range of Federal agencies that had to take archeological resources into account when executing, funding, or licensing projects. AHPA also allows for any Federal agency responsible for a construction project to appropriate a portion of project funds for archaeological survey, recovery, analysis, and publication of results.
Federal Land Policy and Management Act of 1976 (FLPMA), (43 U.S.C. 1701), directs the Forest Service to manage National Forest System (NFS) lands on the basis of multiple use, in a manner that “recognizes the Nation’s need for domestic sources of minerals, food, timber, and fiber from the public lands” and that will “protect the quality of …historical…resources, and archeological values.” The act provides for the periodic inventory of public lands and resources, for long-range, comprehensive land use planning, for permits to regulate the use of public lands, and for the enforcement of public land laws and regulations. FLPMA compels agencies to manage all cultural resources on public lands through the land management planning process.
National Forest Management Act of 1976 (NFMA) (16 U.S.C. 1600) directs the Forest Service to develop renewable resource plans through an interdisciplinary process with public involvement and consultation with other interested governmental departments and agencies.
Archaeological Resources Protection Act of 1979 (ARPA) (16 U.S.C. 47Oaa et seq.), as amended, provides criminal penalties (felony and misdemeanor) and civil penalties for the unauthorized excavation, removal, damage, alteration, defacement, or the attempted unauthorized removal, damage, alteration, or defacement of any archaeological resource, more than 100 years of age, found on public lands or Indian lands. The act includes National Forest System lands in its definition of public lands. The act also prohibits the sale, purchase, exchange, transportation, receipt, or offering of any archaeological resource obtained from public lands or Indian lands in violation of any provision, rule, regulation, ordinance, or permit under the act, or under any Federal, State, or local law. No distinction is made regarding National Register of Historic Places eligibility. The act establishes permit requirements for removal or excavation of archaeological resources from Federal and Indian lands. The act further directs Federal land managers to survey land under their control for archaeological resources and create public awareness programs concerning archaeological resources. Uniform regulations and departmental regulations at 36 CFR part 296 implement ARPA.
Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) (25 U.S.C. 3001) provides a process for museums and Federal agencies to return certain Native American cultural items – human remains, funerary objects, sacred objects, or objects of cultural patrimony – to lineal descendants, and culturally affiliated Indian tribes and Native Hawaiian organizations. NAGPRA includes provisions for unclaimed and culturally unidentifiable Native American cultural items, intentional excavation and unanticipated discovery of Native American cultural items on Federal and Tribal lands, and penalties for noncompliance and illegal trafficking. The act requires agencies and museums to identify holdings of such remains and objects and to work with appropriate Native American groups toward their repatriation. Permits for the excavation and/or removal of “cultural items” protected by the act require Tribal consultation, as do discoveries of “cultural items” made during activities on Federal or Tribal lands. The Secretary of the Interior’s implementing regulations are at 43 CFR part 10.
Federal Lands Recreation Enhancement Act of December 8, 2004, (REA) (16 U.S.C. 6801-6814) permits Federal land management agencies to charge modest fees at recreation facilities that provide a certain level of visitor services. REA also permits fees for specialized recreation permits necessary when recreation activities require exceptional visitor safety measures, extraordinary natural and cultural resource protection, or dispersal of visitors to ensure that good experiences are sustainable. REA includes provisions that require the use of Recreation Resource Advisory Committees to provide the public with information about fees and how fee revenues will be used. The primary goal of REA is to enhance visitor facilities and services to provide a quality recreation program.
Other Acts such as Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528-531) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (RPA) (17 U.S.C. 1600-1674)) include authorities that establish national forest management direction and thereby may affect Heritage Program activities.
