Cultural resources and management

• Cultural resources are aspects of the environment with cultural value to a group, including communities, neighborhoods, tribes, and scholarly disciplines like archeology and architectural history
• Cultural resource management (CRM) should manage sociocultural aspects of the environment and the impacts on them.
• There isn't a comprehensive cultural resource law, leading to a mix of laws, regulations, and executive orders.
• Regulations implementing the National Environmental Policy Act (NEPA) theoretically cover all human environment aspects which includes sociocultural aspects, but they are broad and lack direction.
• More attention is given to "historic properties," "archeological sites," and "Native American graves and cultural items" due to specific laws.
• Culture is complex and subjective, influencing actions and relationships.
• Culture is disregarded in government planning unless necessary due to social crises.

The African Burial Ground Example

• Narrow handling of cultural resources led to a negative event regarding the African Burial Ground in New York City.
• The African Burial Ground was a burial site for enslaved Africans and their descendants in the 17th and 18th centuries
• During the 1980s, Congress directed the GSA to build a federal building on the Broadway Block.
• An old map during an environmental assessment showed an eighteenth-century "Negro burial ground."
• The environmental assessment was subcontracted to an archeological company in order to conduct cultural work which they excavated
• The African American community protested the disturbance of their ancestors remains.
• The project was redesigned and cost taxpayers over $80 million.
• The site was initially misperceived, which led to this costing so much
• The cultural value was equated with archeological research value.
• Cultural resources are a combination of things, institutions, values, beliefs, customs, traditions, symbols, and social structures.

Cultural Resources and Cultural Heritage

• "Cultural heritage" is similar to "cultural resources" but is less materialistic.
• "Cultural resource" and "cultural heritage" essentially mean the same thing.
• Historic preservation is only part of CRM.
• "Compliance" has multiple definitions, meaning compliance with CERCLA to environmental engineers.

Compliance

• "Compliance" in historic preservation means following laws like section 106 of NHPA.
• Positive management of cultural resources is the aim of compliance.
• Compliance should lead to good management and put an agency in accordance with the law.
• Hard and fast rules are rare in CRM, as it often "depends" on the situation.

Federal Assistance and Permits

• Applicants for federal aid or permits are affected by cultural resource laws.
• Applicants pay for CRM work needed for regulatory obligations.
• The permitting agency ensures the work meets legal standards.
• State Historic Preservation Officers (SHPOs) may prefer dealing with applicants directly.

NIMBYS

• NIMBYs want to preserve the cultural meaning of their backyards.
• Consulting firms should offer creative and cost-effective ways of complying with CRM laws.

History

• Cultural resource management in the U.S. began in 1800 with the Library of Congress.
• In 1906, the Antiquities Act prohibited removing antiquities from public lands without a permit.
• The National Park Service (NPS) was created in 1916, with conservation duties.
• In 1935, the Historic Sites Act authorized recording and managing important places.
• Post WWII: Contact with other cultures and socioeconomic changes increased concerns about losing history.
• In 1949 The National Trust for Historic Preservation was chartered
• In 1966, the NHPA was enacted
• The Johnson admin oversaw a report that recommended creation of a national historic preservation program which was enacted

Institution Building in the 1970s

• NHPA lead to the transformation of Archeology and Historic Preservation
• During the Cold War, the publication of Silent Spring showed the need to protect the environment
• NEPA was enacted in 1969 to protect the environment
• Executive Order 11593 from President Nixon directed agencies to treat eligible properties on the National Register

The Three Executeers and the Hegemony of Archeology

• When NPS sent three executive order consultants which they were all Archeologists
• Agencies were the target for sites with archeoligical sites
• Agencies started hiring archeoligists as a result
• This changed the perception of historic preservation
• The enactment of the Moss-Bennett Act in 1974, made sure that bodies were integrated into OAHP programs

The Birth of CRM

• Started during the 1970s to relate what was coming to be called conservation archeology
• Tribes attained a level of authority with determination and education
• Tribes and intertribal orgs pressed for governmental authority to their traditions
• In 1978 tribes gained legislation like the Indian Religious Freedon Act
• The American Folklife Preservation Act was enacted in 1976
• In 1974 in united States v Diaz The Antiquities Act of 1906 was found unconstitutionally vague

The PANE Decision and CEQ's Regulations

• The PANE decision declared psychological effects insufficient for requiring environment impact
• This was followed by NEPA regulations
• Social effects didn't have to be considered as EIA

The Rise of SHPOs, Local Governments, and Amendments to NHPA

• The power of SHPOs grew with effectivness
• 1979, the ACHP reissued its hitherto nonbinding NHPA section 106
• explicit role for SHPOs was created.
• NPS Grants hit at a high during the Carter Admin

The Reagan Revolution

• The admin took a different approach with the Reagan admin
• Historic preservation programs saw a cut back
• Local levels got more funding

The Rising of the Tribes

• The 1980's saw the tribes participation increase
• Several tribes created historic preservation programs
• Some of the intertribal orgs were active towards
• In 1990 The NAGPRA was enacted
• In 1989 Congress directed NPS

Deep Waters

• In the 1980's CRM rose beneath the waves
• Underwater archeology became a thing
• Archeological surveys were usually involving technology

Normalizing Practice

• In 1992 InHPA was amended which the act involved tribal historic presevation programs
• RFRA was then enacted in 1993 by Congress
• RFRA forbids the government from damaging someones practice

Into the Twenty-First Century

• Practitioners equate cultural resources w historic properities
• EIA devolved into exercises carried out by for profit consulting firms
• CEQ and the ACHP have emasculated themseleves
• In 2003 then president George W Bush put his imprimitur on the historic persevation
• President Obama did not issue an executive order to what was relevant

ACHP

• The ACHP has two parts
• There are threee agency members which their positions remain permanent - secretaries of agriculture and interior and the architect of the Capitol

CEQ

• Created by NEPA and in the executive office of president
• The council has three members
• CEQ oversees NEPA

EPA

• Primary expertise is regarding air and water pollution
• Enforces Executive Order 12898 on Ej

Federal Agencies

• The ACHP, CEQ, EPA oversee section 106 and related review processes

Development

• HUD provide financial assistance to local govs and others
• The corps of engineers etc issue permits and licenses

Land Management Agencies

• Land management agencies are responsible under resource laws
• Assistance agencies tend to work closely

Construction Agencies

• Construction agencies project responsibilities

Permitting and Licensing Agencies

• Usually require permits and liscences to do leg work

Central and Regional Offices

• Most agencies are organized into offices that are centralized