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CHAPTER 13. CULTURAL RESOURCES
OVERVIEW
Although the term "cultural resources" is not explicitly defined in the National Environmental
Policy Act (NEPA), NEPA does require consideration of "Federal actions significantly affecting
the quality of the human environment." (Section 102 [42 USC 4332]). The Council for
Environmental Quality (CEQ) regulations implementing NEPA state that the "'human
environment' shall be interpreted comprehensively to include the natural and physical
environment and the relationship of people with that environment" (40 CFR 1508.14). The CEQ
regulations specifically address actions that "may adversely affect districts, sites, highways,
structures, or objects listed in, or eligible for, listing in the National Register of Historic Places
(NRHP) or may cause loss or destruction of significant scientific, cultural, or historic resources"
(40 CFR 1508.27). Culturally valued aspects of the environment generally include historic
properties, other culturally valued pieces of real property that are often referred to as "traditional
cultural properties" (TCP, see King 2003), and cultural use of the biophysical environment.
In some contexts, the term "cultural resources" is narrowly defined to mean a place that is
eligible for listing in the NRHP. In other contexts, the term is used broadly to refer to "all
elements of the physical and social environment that are thought by anybody--a community, a
tribe, an interest group--to have cultural value" (King 2003, p. 11). The broad meaning of the
term is used in this guidebook.
Other laws and directives that are applied in concert with NEPA include the following:
· The National Historic Preservation Act (NHPA),
· The Native American Graves Protection and Repatriation Act (NAGPRA),
· The American Indian Religious Freedom Act (AIRFA),
· The Archeological Resources Protection Act (ARPA),
· The Archeological Data Preservation Act (ADPA)1, and
· Executive Orders 13006 and 13007.
Source materials for each of these directives is described in the reference section at the end of
this chapter.
In this chapter, we present a context for identifying resources that may be of cultural value to
protected populations. We also suggest methods for assessing the likely effect of a proposed
transportation project on these cultural resources.
1 The Archeological Data Preservation Act of 1974 (ADPA) is an unofficial term commonly confused with the
actual name of the 1974 act, which is the Archaeological and Historic Preservation Act of 1974 (Moss-Bennett Act).
Public Law 93-291, 16 U.S. Code 469-469c.
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