National Historic Preservation Act

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Presentation transcript:

National Historic Preservation Act Presentation 6: Final thoughts

Planning The key to success in compliance is good planning Long, complex process Many of the people involved are planners working in federal agency planning departments Some agencies use the authority of Section 110 to do extensive surveys of their land before any projects take place Some agencies do archaeological predictive modeling as a planning strategy How? Some agencies do regional archaeological planning GIS is an important planning tool Why?

Curation Curation of archaeological materials is required by ARPA, NHPA and even the Antiquity Act The “Curation Regulation” is at 36 CFR Part 79 It spells out the requirements, which are fairly commonsensical but complicated and extensive There is a crisis in curation There’s no space Few repositories meet code SAA has a task force Terry Childs wrote a book about curation and has a good web site for the NPS

Related Laws There is a parallel requirement in the National Environmental Policy Act (NEPA) NEPA has draconian penalties, and many officials worry about it much more than about NHPA So, it’s good to point out that if they haven’t done their cultural resources compliance, they haven’t complied with NEPA However, complying with NEPA is not a legal substitute for complying with NHPA Department of Transportation Act, Section 4(f). DoT generally complies with its own statutory mandate; coordination with NHPA is mysterious (to both me and the Advisory Council). A variety of others (Federal Property and Administrative Services Act, Federal Records Act, Abandoned Shipwreck Act, Reservoir Salvage Act)