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Cultural Resources Management in the USFWS

Cultural Resources Management in the USFWS. Overview of Laws & Regulations 1906 – Present. Overview of Laws & Regulations 1906 – Present. Overview of Laws & Regulations 1906 – Present. 20 laws passed by Congress addressing protection of cultural resources 7 Executive Orders

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Cultural Resources Management in the USFWS

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  1. Cultural Resources Management in the USFWS

  2. Overview of Laws & Regulations 1906 – Present

  3. Overview of Laws & Regulations 1906 – Present 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. Overview of Laws & Regulations 1906 – 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. Overview of Laws & Regulations 1906 – 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

  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

  9. Overview of Laws and Regulations 1906 – 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.”

  10. Overview of Laws & Regulations 1906 – 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

  11. Overview of Laws & Regulations 1906 – Present Archaeological & Historic Preservation Act of 1974 (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. Overview of Laws & Regulations 1906 – 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

  13. Overview of Laws & Regulations 1906 – 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

  14. Overview of Laws & Regulations 1906 – Present

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

  16. 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. 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. Resources Read More About It: • FWS Cultural Resource Program http://refuges.fws.gov/cultural/index.html • National Historic Preservation Act http://www.achp.gov/work106.html • Historic Buildings http://www2.cr.nps.gov/tps/care/goodguides.htm

  21. Region 1 Anan Raymond 503-625-4377 Region 2 David Siegel 505-248-7396 Region 3 John Dobrovolny 612-713-5439 Region 4 Richard Kanaski 912-652-4415 Region 5 John Wilson 413-253-8560 Region 6 Rhoda Lewis 303-236-8145 Region 7 Debbie Corbett 907-786-3399 Washington Office Eugene Marino 703-358-2173 Resources USFWS Regional Historic Preservation Officers

  22. THANK YOU

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