Provided for protection of historic, prehistoric, and scientific features on federal lands, with penalties for unauthorized destruction or appropriation of antiquities; authorized the President to proclaim national monuments; authorized scientific investigation of antiquities on federal lands subject to permit and regulations.
Historic Sites, Buildings, and Antiquities Act of 1935 (PL 74-292; 16 U.S.C. 461 et seq.)
This Act establishes a national policy to preserve for public use, historic sites, buildings, and objects of national significance for the inspiration and benefit of the American people. The Act authorizes interagency efforts to preserve historic resources, and establishes a maximum fine of $500 for violations of the Act. The Act authorizes surveys of historic and archeological sites, buildings, and objects to determine which are significant, and provides for the restoration, reconstruction, rehabilitation, preservation, and maintenance of historic or prehistoric properties of national significance. The Secretary of the Interior, through the National Park Service, is authorized to conduct surveys and studies, collect information, and purchase significant historic properties. The Secretary is also authorized to restore, preserve, maintain, and rehabilitate structures and sites. Museums may be established, and the National Park Service may operate and manage historic sites, and develop educational programs.
The National Trust Act of 1949 (PL 81-408)
Museum Properties Management Act of 1955 (PL 84-127; 16 USC 18f)
Authorized the National Park Service to accept donations or bequests of museum properties, purchase them from donated funds, exchange them, and receive and grant museum loans.
Reservoir Salvage Act of 1960 (PL 86-523; 16 USC 469-469c)
The intent of the Act is to make authorized Federal construction programs, dam construction and specified related activities, and all other Federal projects licensed or assisted by Federal agencies responsive to the damage they will cause to scientific, prehistoric, historical and archeological resources. The Act provides a mechanism through which resources can be salvaged after a decision has been made to proceed with a project. The Act directs Federal agencies to notify the Secretary of the Interior when they find that any Federal construction project or Federally licensed activity or program may cause irreparable loss or destruction of significant resources or data. It also provides for criteria for funding historical and archeological protection for such projects.
Archeological and Historic Preservation Act of 1960 & 1974 (PL 93-291;16 U.S.C.469)
Amended the 1960 Reservoir Salvage Act; provided for the preservation of significant scientific, prehistoric, historic, and archeological materials and data that might be lost or destroyed as a result of federally sponsored projects; provided that up to one percent of project costs could be applied to survey, data recovery, analysis, and publication.
National Historic Preservation Act of 1966 (PL 89-665; 16 U.S.C. 470)
Declared a national policy of historic preservation, including the encouragement of preservation on the state and private levels; required federal agencies to consider the effects of their undertakings on National Register properties (Section 106). Amended in 1976 [P.L. 94-422] to expand the domain of properties eligible for listing in the National Register. Amended in 1980 [P.L. 96-515] to incorporate Executive Order 11593 requirements, to give national historic landmarks extra protection in federal project planning. Amended in 1992 to redefine federal undertakings, address anticipatory demolition, and emphasize the interests and involvement of Native Americans and Native Hawaiians. Section 106 requires the NPS to consider the effects of their management decisions on buildings on the National Register of Historic Places. The Advisory Council on Historic Preservation and the State Historic Preservation Offices are given the opportunity to comment on NPS management actions.
Executive Order 11593 - Protection and Enhancement of the Cultural Environment (1971)
This Executive Order, issued in 1971, mandates that all Executive Branch agencies, bureaus, and offices: 1) compile an inventory of the cultural resources--archaeological, architectural and historical properties, sites and districts--for which they are trustee; 2) nominate all eligible government properties to the National Register of Historic Places; 3) preserve and protect their cultural resources; and 4) insure that agency activities contribute to the preservation and protection of non-federally owned cultural resources.
Preservation of Historical and Archeological Data Act of 1974 (PL 93-291; 16 USC 469)
This act ammended the Reservoir Salvage Act of 1960, and provides for preservation of significant scientific, prehistoric, historic, or archeological data (including relics and specimins) that might be lost or destroyed as a result of 1) the construction of dams, reservoirs, and attendant facilities; or 20 any alteration of the terrain caused as a result of any federal construction project or federally licensed project, activity, or program.
Archeological Resources Protection Act of 1979 and 1988 (ARPA) (PL 96-95; 16 U.S.C. 470aa-11)
Defined archeological resources as any material remains of past human life or activities that are of archeological interest and at least 100 years old; required federal permits for their excavation or removal and set penalties for violators; provided for preservation and custody of excavated materials, records, and data; provided for confidentiality of archeological site locations; encouraged cooperation with other parties to improve protection of archeological resources. Amended in 1988 to require development of plans for surveying public lands for archeological resources and systems for reporting incidents of suspected violations. With respect to the NPS the ARPA was ammended in 1988 to require that the Service " develop plans for surveying lands under their control to determine the nature and extent of archeological resources on those lands" and prepare a schedule for surveying lands that are likely to contain the most scientifically valuable archeological resources."
Economic Recovery Tax Act of 1981 ( )
Provided federal preservation tax incentives to encourage rehabilitation of historic buildings.
Abandoned Shipwreck Act of 1987 (PL 100-298; 43 U.S.C. 2101-2106)
This law provides for the United States to assert ownership over any abandoned shipwreck in State waters and submerged lands. Submerged lands means lands that are "lands beneath navigable waters" as defined in Section 2 of the Submerged Lands Act (43 U.S.C. 1301). It also provides guidelines for the designation of abandoned shipwrecks as national historic parks, recreation areas and marine biological sanctuaries. The act provides Federal authority to transfer ownership of abandoned shipwrecks to the state on whose submerged lands the wreck is located. The act provides Federal protection to any shipwreck that meets the criteria for eligibility for inclusion in the National Register for Historic Places. Therefore, disposal of dredged or other material on or in the near vicinity of such wrecks is prohibited.
The Department of the Interior administers the act through regulations issued by the National Park Service. The act requires that study and evaluation standards be promulgated by the National Park Service. Federal agencies and States are to develop companion regulations. Basically, for Federal actions, the Section 106 process, National Historic Preservation Act, applies, as set forth in implementing regulations 36 C.F.R. 800. The act allows for appropriate public and private sector recovery of shipwrecks consistent with the protection of historical values and environmental integrity of the shipwrecks and the sites.
The Secretary of the Interior's Standards for the Treatment of Historic Properties (1995) (36 CFR 68)
Preservation, Arrangement, Duplication, Exhibition of Records (44 USC 2109)
Authorizes the Archivist of the United States to provide for the preservation, arrangement, repair and rehabilitation, duplication, description of and exhibition of records or other documentary material transferred to the National Archives and Record Administration (NARA).
Curation of Federally-Owned and Administered Archeological Collections (36 CFR 79)
National Historic Landmarks Program (36 CFR 65)
National Register of Historic Places (36 CFR 60)
Authorized under the National Historic Preservation Act of 1966, the National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect our historic and archeological resources and is the official list of the Nation's cultural resources worthy of preservation. The National Register is administered by the National Park Service under the Secretary of the Interior. Properties listed in the National Register include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture. These resources contribute to an understanding of the historical and cultural foundations of the nation.
The National Register includes:
·all historic areas in the National Park System
·National Historic Landmarks which have been designated by the Secretary of the Interior for their significance to all Americans
·properties significant to the Nation, State, or community which have been nominated by the States, Federal agencies, American Indian Tribes, and others and have been approved by the National Park Service.
Determinations of Eligibility for Inclusion in the National Register ( 36 CFR 63)
Preservation of American Antiquities (43 CFR 3)
Establishes procedures to be followed for permitting the excavation or collection of prehistoric and historic objects on federal lands.
Procedures for Approved State and Local Government Historic Preservation Programs (36 CFR 61)
Protection of Archeological Resources (43 CFR 7)
Provides definitions, standards, and procedures for federal land managers to protect archeological resources and provides further guidance for Interior bureaus on definitions, permitting procedures, and civil penalty hearings.
Protection of Historic and Cultural Properties (36 CFR 800)
National Maritime Heritage Act (16 USC 5401-5408)
