Concerned citizens, cultural resource management consultants, and representatives of state and federal agencies who are involved in projects will find the resources listed below to be helpful.
The ANTIQUITIES ACT OF 1906 provides for the protection of historic, prehistoric,
and scientific features located on federal lands. It authorizes the president
to designate as National Monuments historic and natural resources of national
significance located on federally owned or controlled land. The Secretaries
of the Interior, Agriculture and Defense are authorized to issue permits for
archaeological investigations on lands under their control to recognized educational
and scientific institutions for the purpose of systematically and professionally
gathering data of scientific value.
The NATIONAL PARK SERVICE ACT OF 1916 establishes the National Park Service
to manage our nation’s parks and to “conserve the scenery and the
natural and historic objects and the wild life therein and to provide for the
enjoyment of the same in such a manner and by such a means as will leave them
unimpaired for the enjoyment of future generations.”
The NATIONAL HISTORIC PRESERVATION ACT OF 1966, as amended (16 USC 470 et seq.) establishes a program for the preservation of historic properties throughout the United States. It created State Historic Preservation Offices in each state, established the National Register of Historic Places and the Section 106 Review Process. Among its provisions:
The HISTORIC SITES ACT OF 1935 establishes a national policy of preservation
for public use of historic sites, buildings and objects. This act led to the
eventual establishment within the National Park Service of the Historic Sites
Survey, the Historic American Building Survey (HABS), the Historic American
Engineering Record (HAER), and the National Historic Landmarks Program.
The RESERVOIR SALVAGE ACT OF 1960 provides for the recovery and preservation
of “historical and archaeological data (including relics and specimens)” that
might be lost or destroyed in the construction of dams and reservoirs.
The DEPARTMENT OF TRANSPORTATION ACT OF 1966, Section 4(f) states that the
Secretary of Transportation shall cooperate and consult with the Secretaries
of the Interior, Housing and Urban Development, and Agriculture, and with the
States in developing transportation plans and programs that include measures
to maintain or enhance the natural beauty of the lands traversed. The Secretary
of Transportation shall not approve any program or project that requires the
use of land from a public park, recreation area, wildlife and waterfowl refuge,
or historic site unless there is no feasible and prudent alternative.
The NATIONAL ENVIRONMENTAL POLICY ACT OF 1969, as amended (42 USC 4321, and
4331-4335) declares that it is a federal policy to “preserve important
historic, cultural, and natural aspects of our national heritage. It requires
federal agencies to use a systematic and interdisciplinary approach that incorporates
the natural and social sciences in any planning and decision making that may
impact our environment.
The ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974, as amended (16 USC
469-469c-2) amends the 1960 Reservoir Salvage Act by providing for the preservation
of significant scientific, prehistoric, historic and archaeological materials
and data that might be lost or destroyed as a result of flooding, the construction
of access roads, relocation of railroads and highways, or any other federally
funded activity that is associated with the construction of a dam or reservoir.
The TAX REFORM ACT OF 1976 provides tax incentives to encourage the preservation
of commercial historic structures. Amended many times since its original passage,
the current law provides for a 20 percent federal income tax credit on monies
used in the rehabilitation of commercial, agricultural, industrial, or rental
buildings that are certified as historic properties.
The AMERICAN INDIAN RELIGIOUS FREEDOM ACT OF 1978, as amended (42 USC 1996
and 1996a) states that it is a policy of the United States to protect and preserve
for American Indians their inherent right of freedom to believe, express, and
exercise the traditional religions of the American Indian, Eskimo, Aleut, and
Native Hawaiians, including but not limited to access to sites, use and possession
of sacred objects, and the freedom to worship through ceremonial and traditional
The ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979, as amended (16 USC 470aa-mm)
defines archaeological resources as any material remains of past human life
or activities that are of archaeological interest and at least 100 years old,
requires federal permits for their excavation or removal and sets penalties
The NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
ACT OF 1990, as amended,
(25 USC 3001 et seq.) gives ownership and control of Native American human
remains, funerary objects, sacred objects and objects of cultural patrimony
that are excavated or discovered on federal land to federally recognized American
Indian tribes or Native Hawaiian organizations. The law also establishes criminal
penalties for trafficking in human remains or cultural objects, and requires
agencies and museums that receive federal funding to inventory those items
in their possession, identify the descendants of and repatriate those items.
EXECUTIVE ORDER 13007, INDIAN SACRED SITES instructs all federal land management
agencies, to the extent practicable, to accommodate access to and ceremonial
use of Indian sacred sites by Indian practitioners and to avoid adversely affecting
the physical integrity of those sacred sites.
612 East Boulevard Ave.
Bismarck, North Dakota 58505
Museum Store: 8am - 5pm M-F; Sat. & Sun. 10am - 5pm.
State Archives: 8am - 4:30pm., M-F, except state holidays, and 2nd Sat. of each month, 10am - 4:30 pm.
State Historical Society offices: 8am - 5pm M-F, except state holidays.
phone: (701) 328-2666
fax: (701) 328-3710