National Historic Preservation Act
Presentation 6: Finalthoughts
The key to success in compliance is good planningLong, complex processMany of the people involved are planners working in federal agency planning departmentsSome agencies use the authority of Section 110 to do extensive surveys of their land before any projects take placeSome agencies do archaeological predictive modeling as a planning strategyHow?Some agencies do regional archaeological planningGIS is an important planning toolWhy?
Curationof archaeological materials is required by ARPA, NHPA and even the Antiquity ActThe “CurationRegulation” is at 36 CFR Part 79It spells out the requirements, which are fairly commonsensical but complicated and extensiveThere is a crisis incurationThere’s no spaceFew repositories meet codeSAAhas atask forceTerry Childswrotea book aboutcurationandhas a goodweb site for the NPS
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 NHPASo, it’s good to point out that if they haven’t done their cultural resources compliance, they haven’t complied with NEPAHowever, complying with NEPA is not a legal substitute for complying with NHPADepartment 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)