Finally, there are additional statutes and regulations that offer some level of protection for specific types of resources, such as the Archeological Resources Protection Act, the Historic Shipwrecks Act, and laws governing publicly-owned federal buildings, as well as specific types of activities, such as the Surface Mining Control and Reclamation Act.
Abandoned Shipwreck Act of 1987
This law was enacted to end confusion over the ownership of abandoned,
historic shipwrecks found in state territorial waters. The act
essentially modifies admiralty law, which allows title to abandoned
shipwrecks to be conferred to finder or salvor of the wreck under the
"law of finds" or "law of salvage," by placing title in abandoned
shipwrecks in the states. To fall within the act, the abandoned
shipwreck must be embedded in the submerged lands of the state, embedded
in coralline formations on the submerged lands of the state, or listed
in or determined eligible for listing in the National Register of
Historic Places. A key issue in this area of law is whether the wreck is
abandoned.
Americans with Disabilities Act
The ADA, enacted in 1990, is a comprehensive civil rights law that
prohibits discrimination on the basis of disability by state and local
governments and private businesses. It establishes certain accessibility
requirements for existing facilities, but recognizes that alternative
standards that can be used when compliance with the accessibility
requirements would threaten or destroy the historic significance of a
qualified historic facility. These alternatives are contained in the
Americans with Disabilities Act Accessibility Guidelines, issued by the
Access Board and with regulations issued by the Department of Justice.
Antiquities Act of 1906
This law establishes the country's National Monument program,
authorizing the President to declare historic landmarks, historic and
prehistoric structures, and other objects of historic or scientific
interest on land owned or controlled by the Federal government as
national monuments. The Antiquities Act also protects archaeological
resources by 1) requiring that investigations and/or the removal of
archaeological resources be conducted by qualified and trained experts;
and 2) by prohibiting individuals from excavating, disturbing or
removing artifacts for personal use or commerce. Penalties may be
imposed for violations.
Archaeological Resources Protection Act of 1979
ARPA serves as the primary federal statute governing the regulation of
archaeological resources. It protects archaeological resources on lands
owned in fee title by the United States, including the National Park
System, the National Wildlife Refuge System, the National Forest System,
and other lands. It also provides specific protection against looting,
vandalism and other harmful acts on public and Indian lands and on
private land, provided there is a violation of a state or local law or
regulations and the resource is placed in interstate or international
commerce. Significant penalties and imprisonment for up to two years may
be imposed. ARPA also establishes a permitting process for the removal
or excavation of archaeological resources by qualified individuals and
institutions. In addition, it addresses the excavation or removal of
archeological resources on tribal lands.
Historic Sites Act of 1935
This law expands the federal role in historic preservation by
establishing national policy for the preservation of historic sites,
buildings and objects of national significance. It authorizes the
Secretary of the Interior to designate sites of historic significance
and to acquire such sites without special authorization language from
Congress. It also establishes the Historic American Buildings Survey and
Historic American Engineering Record and the National Historic
Landmarks program. Penalties may be imposed for violation of rules and
regulations.
Native American Graves Protection and Repatriation Act
This statute sets forth comprehensive requirements for the treatment of
Native American human remains and cultural items. Most importantly, it
provides for the repatriation, disposition and protection of Native
American human remains and other cultural items. NAGPRA not only
officially recognizes the property rights of Native Americans in certain
cultural items, it also requires that such items be repatriated.
Specifically, federal agencies and museums receiving federal funds must
inventory their collections and disseminate that information broadly
among geographically and culturally affiliated tribes and Native
Hawaiian organizations, and then follow a process of consultation and
repatriation.
NAGPRA also prohibits the intentional excavation and removal of Native
American human remains and defined cultural property from federal or
tribal lands without a permit issued under ARPA and without consultation
with or permission from Indian Tribes and Native Hawaiian organizations
when required. In situations involving inadvertent discovery of Native
American human remains or defined cultural items on federal or tribal
lands, activity must be halted to protect items and provide notice to
the appropriate federal authority.
Public Buildings Cooperative Use Act
The PBCUA governs the construction, acquisition and management of space
by the General Services Administration for use by federal agencies. To
encourage federal agency use of historic buildings, the law directs the
Administrator for GSA to "acquire and utilize space in suitable
buildings of historic, architectural or cultural significance, unless
use of the space would not prove feasible and prudent compared with
available alternatives." This requirement extends to, but is not limited
by, buildings listed on the National Register of Historic Places.
Surplus Buildings
The National Park Service and the General Services Administration
administer a Historic Surplus Property Program that gives state, county
and local governments to obtain surplus federal properties at no cost if
the property is listed in, or eligible for listing in, the National
Register of Historic Places. The disposition of surplus property is also
governed by The Federal Property and Administrative Services Act of
1949, which authorizes the conveyance of historic property to state and
local governments for use as historic monuments.
Surface Mining Coal and Reclamation Act
This act governs the regulation of surface mining activities in the
United States. Among other things, the act provides protection for
historic resources that would be adversely affected by mining
operations. Also note that the Office of Surface Mining and Enforcement
is required to comply with the National Historic Preservation Act.