Federal Preservation Legislation

National Historic Preservation Act (NHPA) of 1966, (as amended) was designed to preserve America’s cultural heritage as embodied in our nations historic properties. Section 106 of this act requires that any agency that has jurisdiction over a federal (or federally funded) undertaking or has the responsibility of licensing/permitting any such undertaking must consider the effects of the undertaking on any properties that are listed (or eligible for listing) on the National Register of Historic Places.

The Section 106 process (as set fourth in 36 CFR Part 800) is a means by which agencies, in consultation with the Advisory Council on Historic Preservation, other consulting parties and the public, 1) initiate the review process, 2) identify historic properties, 3) assess adverse effects of historic properties, and 4) resolve adverse effects through mitigation or avoidance.

Compliance with Section 106 is the responsibility of the agency, or lead Federal agency in cases involving multiple agencies. Agencies are responsible for any findings or determinations made by project applicants or consultants, and are responsible for ensuring that investigations conducted by consultants or applicants meet appropriate standards and guidelines such as those set fourth by the Secretary of the Interior.

Section 106

Flow Chart

Step by Step

Working with Section 106

New Section 106 Regulations

Section 110

National Environmental Policy Act of 1969

Archaeological and Historic Preservation Act of 1974

American Indian Religious Freedom Act of 1978

Archaeological Resources Protection Act of 1979

Abandoned Shipwrecks Act of 1987

Native American Graves Protection and Repatriation Act of 1990

Summaries of Laws

State Preservation Legislation

The Minnesota Field Archaeology Act of 1963 (MS 138.31-.42) (amended variously through 1999) explicitly recognizes the value of archaeological sites and objects as part of our shared heritage, and provides certain protections for that heritage. Part of the protection is direct: public ownership is asserted over archaeological sites and objects on state lands or in state waters. A second form of protection is more subtle: relevant parties are instructed to cooperate in the protection of archaeological resources, and the general form of their cooperative relationships is laid out. A system of oversight via licensing is created. Procedural and other specifics of these relationships have been developed based on this statutory foundation. Relevant parties include the Minnesota Historical Society, the University of Minnesota, the Office of the State Archaeologist (created by this statute), other educational institutions, and professional groups.

The Minnesota Historic Sites Act (138.661-.669)
(1965, amended variously through 1993) recognizes a broader range of historic and cultural resources, and provides for the preservation of outstanding examples. It establishes both a historic site network and a historic site register. The network is administered by the Minnesota Historical Society, for public use and benefit. In contrast, register properties are not necessarily public. They are, however, provided a margin of protection, as governmental bodies and the University of Minnesota are required to consider and mitigate the effects of their activities on register properties. (Requirements for register eligibility are also established.)

The Minnesota Private Cemeteries Act (MS 307.08)
(1975, amended variously through 1999) provides for the protection of buried human remains, explicitly including those found outside recognized cemeteries. Criminal penalties are established for the willful abuse of human burials or burial grounds. This legislation intersects with archaeology in one main area: archaeology is the principal method for locating and identifying unplatted burials. The duties of the state archaeologist in handling unmarked burials are spelled out. Participation by the Indian affairs council is also mandated in certain cases. All units of government and political subdivisions are also instructed to cooperate in the carrying out the provisions of the statute, and also provide in planning for development and construction so as to avoid impact to burials.

The Minnesota Environmental Rights Act (MS Chapter 116B.02)
This act established that citizens, governmental bodies, and business entities are entitled the right to sue to protect, preserve, and enhance air, water, land, and other natural resources located within the state from pollution, impairment, or destruction in some instances. The act also stated that each of the above entities has the responsibility to contribute to the protection, preservation, and enhancement of the same natural resources. "Historic resources" are included by definition under "natural resources." The statute provided the framework for civil actions to be initiated by various entities, defined in the statute, for declaratory or equitable relief against other entities to ensure the protection of these natural resources. The act set forth procedures for lawsuits filed under MERA.

Minnesota Statues 471.193

Minnesota Historic Districts Act (MS 138.71-.63)

Agencies

Minnesota State Historic Preservation Office

Nevada State Historic Preservation Office

Nevada Bureau of Land Management

Minnesota Office of the State Archaeologist

Bureau of Indian Affairs

Minnesota Indian Affairs Council

National Register of Historic Places

Minnesota Department of Natural Resources

National Parks Service

Other Useful Links

Federal Emergency Management Agency (FEMA):

The Secretary of the Interior’s Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act

Archaeology and Historic Preservation: Secretary of the Interior’s Standards and Guidelines

Working Together: A Preservation Plan for Minnesota’s Historic Properties

Nevada State Historic Preservation Office