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Federal Legislation Governing Cultural Resources that Also Affects Fire Management

NAME OF LEGISLATIONCULTURAL RESOURCE PROVISIONS
Antiquities Act (1906) claims significant un-owned resources as federal property; authorizes scientific research of cultural resources on federal lands; outlaws removal of archaeological resources from federal lands; allows U.S. president to select national monuments
Historic Sites, Buildings and Antiquities Act (1935) preservation of archaeological and historical resources become a national policy; establishes national register for historic sites
Reservoir Salvage Act (1960) all dam construction projects must notify Secretary of the Interior and consider impacts to cultural resources
Wilderness Act (1964) establishes restrictions on activities that can be undertaken on a designated area;
National Historic Preservation Act (1966) regulates government activities to protect resources; establishes National Register of Historic Places; requires federal agencies to record and protect significant districts, sites, buildings, structures, and objects; requires federal agencies to identify any of these that should be listed on the national register; 1992 amendments require protection of Native American cultural items...and of properties of religious or cultural importance to Indian tribes, Native Hawaiians, or other Native American groups;
National Register of Historic Places requires federal agencies to evaluate the effects of their actions on cultural resources (Lissoway 1990)
National Register of Historic Places Amends Reservoir Salvage Act; all federal or federally assisted construction projects must notify Secretary of the Interior and consider impacts to cultural resources (DeBano, Neary, fFolliot 1998)
National Environmental Policy Act (1969) requires protection of cultural resources
Archaeological and Historic Preservation Act (1974) act directed at the preservation of historic and archaeological data that would otherwise be lost as a result of federal construction. It authorizes the U.S. Department of the Interior to undertake recovery, protection, and preservation of archaeological and historic data.
The American Indian Religious Freedom Act (1978) requires federal agencies to consult Native American communities prior to conducting any fire operations on Indian lands and in Native American sacred places
Archaeological Resources Protection Act (1979) prohibits removal of archaeological resources from federal lands and Native American Reservations; provides protection for information about location of archaeological sites
Code of Federal Regulation (36 CFR 800) regulates post-fire activity on or near cultural resources
Native American Graves Protection and Repatriation Act (1990) prohibits non-Indians from removing cultural resources without permission from living Native American groups associated with them; requires the return of cultural resources previously removed to be returned to living Native American groups associated with them

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