1. Cultural Resources Management in the USFWS

2. Overview of Laws & Regulations 1906 – Present

3. Overview of Laws & Regulations 1906 – Present
20 laws passed by Congress addressing protection of cultural resources
7 Executive Orders
At least 15 sets of regulations & 9 sets of standards & guidelines

4. Pre-World War II Impetus for Cultural Resources Legislation
Overview of Laws & Regulations – Present
Pre-World War II Impetus for Cultural Resources Legislation
Land Management
Disrupt antiquities market (Western US)
Legitimize the science of archaeology (Eastern US)

5. Early Protection of Resources
Overview of Laws & Regulations – Present
Early Protection of Resources
Congress protects Federal archaeological site in 1889 – Casa Grande in AZ
1890s – Congressional designation of national battlefields
Public support grows to deter theft of artifacts on Federal lands
Chicamauga and Chattanooga National Military Park, Tennessee
Efforts to protect significant buildings and sites had been going on for nearly a century – mostly efforts by private organizations or states.
Mention scientific reports in 1880’s; community interest; concern over vandalism and illegal collecting; Archaeological Institute of America and the AAAS lobbying in the 1890’s. Mesa Verde’s Cliff Palace – another example of site firing the public’s imagination.

6. Overview of Laws & Regulations 1906 – Present
Antiquities Act of 1906
Unauthorized investigation & collection of archaeological evidence is prohibited
$500 penalty for violation
Collections must be maintained in museums
National monuments provision

7. Overview of Laws & Regulations 1906 – Present
Historic Sites Act of 1935
Establishes a “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.”
Historic American Buildings Survey & Historic American Engineering Record
National Historic Landmarks Program
Authorizes cooperative agreements with communities, states, organizations & individuals to preserve sites.
Provide technical advice & assistance to other agencies, states & organizations.
Restore or maintain significant historic buildings, archaeological sites, & objects.

8. Overview of Laws & Regulations 1906 – Present
Post World War II Impetus for Cultural Resources Management Legislation
Economic growth
Interstate Highway System
Urban Renewal Programs & Suburbia
Large Scale Public Works Projects (e.g. dams)
Civil rights movement
Destruction or alteration of communities
Greater input into Federal planning
Protection of Native American & minority group rights
Loss of archaeological sites & data resulting from public works projects, dam construction & theft
1930’s and 1940’s – Federal programs are cruise control.
Civil rights – minority groups – African-Americans, Hispanics, Native Americans

9. National Historic Preservation Act 1966, As Amended
Overview of Laws and Regulations – Present
National Historic Preservation Act 1966, As Amended
Centerpiece of Federal historic preservation program (Section 106 and 110)
Congress declares that “the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people.”
Note forward thinking statement. Yes, we’re preserving the past – but, we’re doing it for the future and for the benefit of the living communities.

10. National Environmental Policy Act 1969
Overview of Laws & Regulations – Present
National Environmental Policy Act 1969
Preserve important historic & cultural aspects of our national heritage
Section 102 requires that agencies must take into account the effects of projects on cultural resources
Advisory Council on Historic Preservation’s regulations encourage integration of NHPA compliance with NEPA review
Powerful tool for assessing potential impacts to cultural resources and the cultural environment of communities.

11. Overview of Laws & Regulations 1906 – Present
Archaeological & Historic Preservation Act of (Replaces the Reservoir Salvage Act of 1960)
Updates fines & protection of cultural resources
Describes cultural resources data recovery
Speaks about maintenance of any collections (museum property) generated from cultural resources studies
***Provides authority & quantifies percentage of budget that can be allocated to cultural resources projects

12. Archaeological Resources Protection Act of 1979
Overview of Laws & Regulations – Present
Archaeological Resources Protection Act of 1979
Requires a permit to excavate, remove or collect archaeological resources. Must notify tribes.
Collections must be curated in museums or similar institutions
Fines increased to up to $10,000 & $100,000 & possible imprisonment.
Forbids the interstate or foreign trade, sale, transport or exchange of objects in violation of state or local law
Agencies are directed to survey
their lands
Site information is exempted
from FOIA
Resulted from the inadequacy of the Antiquities Act to address looting and vandalism problems on Federal and Indian lands. AA was ruled “unconstitutionally vague.” Note that agencies are required to “notify” tribes, not necessarily “consult.”

13. Native American Graves Protection & Repatriation Act 1990
Overview of Laws & Regulations – Present
Native American Graves Protection & Repatriation Act 1990
Directs FWS to inventory & repatriate Native American or Native Hawaiian human remains or cultural items to individuals, tribes, or organizations, as appropriate
Contains an illegal trafficking clause
Permits scientific study before repatriation
Directs Federal agencies to make a
reasonable effort to protect human remains
or cultural items that are discovered on
Federal lands
Note the difference in use of terms “Native American” vs. “Indian Tribe.” Where lineal descent can be determined, human remains and cultural items must be repatriated to individuals, families or groups regardless of their affiliation with a recognized Indian tribe or Native Hawaiian organization.

14. Overview of Laws & Regulations 1906 – Present
Haven’t mentioned federal records and documents. They are covered under the Federal Records Act of 1948, which created the National Archives Records Administration.

15. What Is FWS & the Refuge System Doing for Cultural Resources?

16. Wildlife Refuge System Improvement Act of 1997
What is FWS & the Refuge System Doing for Cultural Resources?
Wildlife Refuge System Improvement Act of 1997
Develop comprehensive conservation plans that identify & describe the archaeological and cultural values of the planning unit.
Develop FWS planning guidance to:
Develop CRM overview
Integrate CRM info into CCP process
Identify objectives & priorities
CRM step-down plans

17. What is FWS & the Refuge System Doing for Cultural Resources?
National Wildlife Refuge System Volunteer and Community Partnerships Act of 1998
Authorizes partnerships with organizations that promote the conservation of cultural & historical resources of a refuge
Encourages the use of refuges for outdoor classroom opportunities that include curricula on understanding & protecting cultural & historical resources

18. Internal Policies Aimed at Cultural Resources Compliance
What is FWS & the Refuge System Doing for Cultural Resources?
Internal Policies Aimed at Cultural Resources Compliance
Has adopted:
50 CFR 27, Subpart F
614 FW 1-5 (1982)
126 FW 1-13 (1997)

19. Resources

20. Read More About It: FWS Cultural Resource Program
Resources
Read More About It:
FWS Cultural Resource Program
National Historic Preservation Act
Historic Buildings

21. USFWS Regional Historic Preservation Officers
Resources
USFWS Regional Historic Preservation Officers
Region 1
Anan Raymond
Region 2
David Siegel
Region 3
John Dobrovolny
Region 4
Richard Kanaski
Region 5
John Wilson
Region 6
Rhoda Lewis
Region 7
Debbie Corbett
Washington Office
Eugene Marino

22. THANK YOU