National Historic Preservation Act Presentation 6 Final thoughts

National Historic Preservation Act Presentation 6: Final thoughts

Planning • The key to success in compliance is good planning • Long, complex process • Many of the people involved are planners working in federal agency planning departments • Some agencies use the authority of Section 110 to do extensive surveys of their land before any projects take place • Some agencies do archaeological predictive modeling as a planning strategy – How? • Some agencies do regional archaeological planning • GIS is an important planning tool – Why?

Curation • Curation of archaeological materials is required by ARPA, NHPA and even the Antiquity Act • The “Curation Regulation” is at 36 CFR Part 79 • It spells out the requirements, which are fairly commonsensical but complicated and extensive • There is a crisis in curation – There’s no space – Few repositories meet code • SAA has a task force • Terry Childs wrote a book about curation and has a good web site for the NPS

Related Laws • 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 NHPA – So, it’s good to point out that if they haven’t done their cultural resources compliance, they haven’t complied with NEPA – However, complying with NEPA is not a legal substitute for complying with NHPA • Department of Transportation Act, Section 4(f). Do. T 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)