NATIONAL HISTORIC
PRESERVATION ACT of 1966
as amended
Garry J. Cantley
Regional Archeologist
Bureau of Indian Affairs
Indian Law
National Historic Preservation Act
of 1966, amended
The Congress finds and declares that




The spirit and direction of the Nation are founded upon
and reflected in its historic heritage
Our historical and cultural foundations should be
preserved as a living part of our lives to give a sense of
orientation to the American people
Historic properties significant to the nation’s heritage are
being lost or substantially altered, often inadvertently,
with increasing frequency
The preservation of this irreplaceable heritage is in the
public interest, so that it will be maintained and enriched
for future generations
NHPA
Requires Federal agencies to take
into account the effects of their
undertakings on historic
properties.
Section 106 of the Act defines how
Federal agencies shall meet their
statutory responsibilities.
36 CFR 800
The Section 106
Consultation Process
STEPS
1)
To identify historic properties potentially
affected by the undertaking;
2)
Assess the effects;
3)
Seek ways to avoid, minimize, or mitigate
any adverse effects.
SOME TERMS:
Agency Official
SHPO-State Historic Preservation Officer
THPO-Tribal Historic Preservation Officer
Consulting Parties
APE-Area of Potential Effects
Eligibility
Historic Property
National Register of Historic Places
Traditional Cultural Property (TCP)
UNDERTAKING
36 CFR 800.16(y)
Undertaking means a project, activity, or
program funded in whole or in part under the
direct or indirect jurisdiction of a Federal
agency, including those carried out by or on
behalf of a Federal agency; those carried out
with Federal assistance; those requiring a
Federal permit, license or approval; and those
subject to state or local regulation
administered pursuant to a delegation or
approval by a Federal agency.
Initiate Section 106 Consultation
Process
Establish undertaking
Identify appropriate SHPO/THPO
Plan to involve the public
Identify other consulting parties
Has potential to affect historic property
Identify Historic Properties
Determine scope of efforts
Identify historic properties
May include background research, consultation,
oral history interviews, and field survey
National Register criteria for evaluation
36 CFR 60.4
The quality of significance in American
history, architecture, archeology,
engineering, and culture is present in
districts, sites, buildings, structures, and
objects that possess integrity or location,
design, setting, materials, workmanship,
feeling, and association and
(a) that are associated with events that have made a
significant contribution to the broad patters of our history;
or
(b) that are associated with the lives of persons significant in
our past; or
(c) that embody the distinctive characteristics of a type,
period, or method of construction…high artistic
values…significant and distinguished entity…; or
(d) that have yielded, or may be likely to yield, information
important in prehistory or history.
Historic Property Is Affected
Assess Adverse Effect
800.5(a)(1) An adverse effect is found when
conditions may directly or indirectly alter
characteristics of historic property that qualify it for
the National Register that diminishes integrity of
location, design, setting, materials, workmanship,
feeling, or association
Examples







Physical destruction
Alteration of property
Relocation
Change in use
Visual/audible elements
Neglect
Transfer
PHYSICAL DESTRUCTION
ALTERATION OF PROPERTY
ALTERATION OF PROPERTY
VISUAL/AUDIBLE ELEMENTS
VISUAL/AUDIBLE ELEMENTS
Resolve Adverse Effect
Continue consultation to resolve,
lessen, minimize, or mitigate effect.
Memorandum
of Agreement
(MOA)
ARCHEOLOGICAL RESOURCES
PROTECTION ACT (ARPA)
NATIVE AMERICAN GRAVES
PROTECTION AND
REPATRIATION ACT
(NAGPRA)
ARPA Prohibited Acts




“No Person may excavate, remove, damage,
alter or deface or attempt to…”
“…sell, purchase, exchange, transport,
receive, or offer to…”
“remove archeological resources in violation
of State or local law and move them in
interstate or foreign commerce”
“…hire, counsel, or procure another to
violate the law.”
NAGPRA Elements
a)
“Whoever knowingly sells, purchases, uses
for profit, or transports for sale or profit,
the human remains of a Native American
without the right of possession as provided
by NAGPRA shall be fined $100,000 or 1
year in jail or both. On a second or
subsequent violation, the fine will be
$250,000 or 5 years in jail, or both.”