Major Federal Laws Affecting Archaeological Resources

National Environmental Policy Act (1969)

NEPA establishes a national goal of maintaining or enhancing environmental quality. It requires federal agencies to make a thorough evaluation of the potential impacts of their programs and activities in the planning stage and to weigh environmental costs against program or project benefits. Projects likely to have major effects on the environment require the sponsoring agency to develop an Environmental Impact Statement that considers the environmental consequences of alternative project designs. Projects likely to have minor effects require Environmental Assessments. "Environment" is defined broadly, and includes cultural resources, social values, and various aspects of the natural environment. Compliance with Section 106 of the National Historic Preservation Act is interlinked with NEPA compliance with respect to historic properties (i.e., historic structures, archaeological sites, traditional cultural properties).

The National Historic Preservation Act (1966)

NHPA establishes the promotion of historic preservation as a national policy and establishes various procedures and programs to further this policy. The NHPA has been amended a number of times, with substantial additions in 1980 and 1992. Among the things that the NHPA does are the following:

• Sets up a process for nominating historic buildings, districts, and sites to the National Register of Historic Places, a listing of historically significant properties. The National Register criteria are also used to determine whether properties have historic value in the sense of being eligible for the Register, even if they are not actually nominated.

• Establishes and partially funds State Historic Preservation Offices (SHPOs), which establish historic preservation programs in the states and review and comment on federal agency actions affecting historic properties in their states. As a result of the 1980 and 1990 amendments, Certified Local Governments are delegated some aspects of the SHPOs' role and Tribal Historic Preservation Offices are established to serve in the place of SHPOs on tribal lands.

• Under Section 110, gives federal agencies a number of affirmative responsibilities to inventory, manage, and interpret historic properties under their jurisdiction.

• Under Section 106, requires federal agencies to consider the effects of their undertakings on historic properties and to take steps to minimize adverse effects on those properties if feasible.

The Archaeological Resource Protection Act (1979)

ARPA establishes civil and criminal penalties for the unauthorized excavation or collection of archaeological materials from federal lands. It also sets up a process through which legitimate archaeological researchers can obtain permits for excavation and survey. More recent amendments and revisions of regulations have increased the requirements for agencies to consult with Indian tribes prior to issuing an ARPA permit.

Native American Graves Protection and Repatriation Act (1990)

NAGPRA gives lineal descendents and culturally affiliated tribes the right of possession of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. Museums that receive federal assistance and federal agencies that curate archaeological collections are required to inventory their collections for items that may be covered by NAGPRA and to provide the inventory to individuals and tribes that may be genetically or culturally related to the human remains or cultural items identified in the inventory. A process is established by which repatriation can take place. The law also provides for Native American involvement and repatriation if NAGPRA-eligible remains or artifacts are encountered in excavations taking place on federal lands after the passage of the law in 1990. In effect, this ordinarily requires federal land-managing agencies to make agreements with appropriate tribes regarding excavation and ultimate disposition of NAGPRA-eligible remains and artifacts prior to the beginning of archaeological projects on public lands.

Other Pertinent Laws, Regulations, and Executive Orders

Antiquities Act (1906)

Historic Sites Act (1935)

Archaeological Data Preservation Act (1974)

American Indian Religious Freedom Act (1978)

Abandoned Shipwreck Act (1988)

36 CFR 79: Curation of Federally-Owned and Administered Archeological Collections

Executive Order 13006 (1996): Locating Federal Facilities on Historic Properties in Our Nation's Central Cities (encourages federal agency use of historic buildings)

Executive Order 13007 (1996): Indian Sacred Sites (protection of and access to American Indian sacred sites)