The Opportunities and Limitations of Tribal Consultation in Studies Conducted Under Section 106 of the National Historic Preservation Act

1998 ◽  
Vol 20 (3) ◽  
pp. 5-8
Author(s):  
Gail Thompson
Keyword(s):  
Historic Preservation ◽  
Decision Maker ◽  
National Park ◽  
National Park Service ◽  
Development Projects ◽  
Cultural Resources ◽  
Cultural Properties ◽  
Park Service ◽  
Traditional Cultural Properties ◽  
National Historic Preservation Act

Proposed construction and development projects that require Federal permits are subject to review under Section 106 of the National Historic Preservation Act, which requires that the Federal decision-maker take into account the project's potential effects on cultural resources listed or eligible for listing in the National Register of Historic Places. Over the years and especially after 1990 when the National Park Service released Bulletin 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties (TCPs), Section 106 review has increased the consideration of designating TCPs and consultation with the Indian tribal organizations that value them. Bulletin 38 defines TCPs as places that have been historically important in maintaining the cultural identify of a community.

““Of Exceptional Importance””: The Origins of the ““Fifty-Year Rule”” in Historic Preservation

2007 ◽  
Vol 29 (2) ◽  
pp. 81-103 ◽  
Author(s):  
JOHN H. SPRINKLE
Keyword(s):  
Twentieth Century ◽  
Historic Preservation ◽  
National Park ◽  
National Park Service ◽  
Historic Site ◽  
Heritage Sites ◽  
The Past ◽  
Park Service ◽  
Site Significance ◽  
National Historic Preservation Act

The ““fifty-year rule”” is one of the most commonly accepted principles within American historic preservation: properties that have achieved significance within the past fifty years are generally not considered eligible for listing in the National Register of Historic places. An often misunderstood chronological threshold, the fifty-year standard was established by National Park Service historians in 1948. Until the advent of the ““new preservation”” with the National Historic Preservation Act in 1966, the standard of exceptional importance had only been applied to presidential and atomic heritage sites. Operating as a filter to ward off potentially controversial decisions about the nature of historic site significance, understanding the origins of the fifty-year rule reveals how Americans have constructed the chronological boundaries of a useable past through historic preservation during the twentieth century.

Traditional Cultural Properties

2017 ◽  
Author(s):  
T.J. Ferguson ◽  
Leigh Kuwanwisiwma
Keyword(s):  
Historic Preservation ◽  
Federal Agencies ◽  
Cultural Resources ◽  
Building Structure ◽  
National Register ◽  
Eligibility Criteria ◽  
Research Activities ◽  
Cultural Properties ◽  
Traditional Cultural Properties ◽  
National Historic Preservation Act

Traditional cultural properties are significant because of the role they play in the retention and transmission of historically rooted beliefs, customs, and practices of a living traditional community. They are routinely identified and evaluated as historic properties during research activities needed for compliance with Section 106 of the National Historic Preservation Act, which requires federal agencies to consider the effects of their undertakings on cultural resources. To be eligible for the National Register of Historic Places, traditional cultural properties need to be tangible places (a district, site, building, structure or object), must meet one or more of the National Register eligibility criteria, must have integrity of relationship and condition, must have been important for at least fifty years, and must have definable boundaries. The methods and concepts pertinent to research of traditional cultural properties in the Southwest are reviewed in this chapter.

scholarly journals A Brief History of the Trails of Grand Teton National Park

2009 ◽  
Vol 32 ◽  
pp. 55-62
Author(s):  
James Pritchard
Keyword(s):  
National Park ◽  
National Park Service ◽  
Service System ◽  
Cultural Resources ◽  
Historical Records ◽  
Grand Teton National Park ◽  
Park Service ◽  
History Of ◽  
Practical Development ◽  
Trail System

This project investigated the history of the backcountry trail system in Grand Teton National Park (GTNP). In cooperation with GTNP Cultural Resources and the Western Center for Historic Preservation in GTNP, we located records describing the early development of the trail system. Only a few historical records describe or map the exact location of early trails, which prove useful when relocating trails today. The paper trail becomes quite rich, however, in revealing the story behind the practical development of Grand Teton National Park as it joined the National Park Service system.

The 1983 Excavations at 19BN281. Christopher L. Borstel. Chapters in the Archeology of Cape Cod, II. Francis P. McManamon, series editor. Cultural Resources Management Study No. 12. Division of Cultural Resources, North Atlantic Regional Office, National Park Service, U.S. Department of the Interior, Boston, 1985. xix + 186 pp., tables, figures, appendices, references. $5.00 (paper). - Chapters in the Archeology of Cape Cod, III: The Historic Period and Historic Period Archeology. Francis P. McManamon, editor with contributions by Patricia E. Rubertone, S. Terry Childs, and Francis P. McManamon. Cultural Resources Management Study No. 13. Division of Cultural Resources, North Atlantic Regional Office, National Park Service, U.S. Department of the Interior, Boston, 1985. xi + 157 pp., figures, tables, references. $5.00 (paper). - The Indian Neck Ossuary: Chapters in the Archeology of Cape Cod, V. Francis P. McManamon, James W. Bradley, and Ann L. Magennis. Cultural Resources Management Study No. 17. Division of Cultural Resources, North Atlantic Regional Office, National Park Service, U.S. Department of the Interior, Boston, 1986. xiv + 183 pp., figures, tables, references. $5.00 (paper).

1990 ◽  
Vol 55 (1) ◽  
pp. 199-200 ◽  
Author(s):  
Janet S. Pollak
Keyword(s):  
North Atlantic ◽  
National Park ◽  
National Park Service ◽  
Cape Cod ◽  
Cultural Resources ◽  
Regional Office ◽  
Cultural Resources Management ◽  
Management Study ◽  
Resources Management ◽  
Park Service

Religion as Cultural Resource

2020 ◽  
pp. 127-170
Author(s):  
Michael D. McNally
Keyword(s):  
Historic Preservation ◽  
Religious Freedom ◽  
Federal Agencies ◽  
Cultural Resources ◽  
Cultural Resource ◽  
Tribal Governments ◽  
Preservation Law ◽  
Traditional Cultural Properties ◽  
National Historic Preservation Act ◽  
Sacred Lands

This chapter explores what results when Native peoples articulate religious claims in the language of culture and cultural resources under environmental and historic preservation law. It argues that cultural resource laws have become more fruitful in two respects. First, there is more emphatic insistence on government-to-government consultation between federal agencies and tribes. Second, in 1990, National Historic Preservation Act regulations were clarified by designating “Traditional Cultural Properties” as eligible for listing on the National Register of Historic Places and in 1992, that law was amended to formally engage tribal governments in the review process. In light of these developments, protection under the categories of culture and cultural resource have proved more capacious for distinctive Native practices and beliefs about sacred lands, but it has come at the expense of the clearer edge of religious freedom protections, while still being haunted, and arguably bedraggled, by the category of religion from which these categories ostensibly have been formally disentangled.

scholarly journals Purposing aesthetics in historic preservation: advocating, signifying, and interpreting aesthetics

2021 ◽  
Vol 12 (24) ◽  
pp. 66
Author(s):  
Salim Elwazani
Keyword(s):  
Content Analysis ◽  
Historic Preservation ◽  
National Park ◽  
National Park Service ◽  
International Perspective ◽  
Aesthetic Value ◽  
International Council ◽  
Park Service ◽  
The Aesthetic ◽  
The U.S

<p>Aesthetics is a pillar consideration in historic preservation. Yet, purposing aesthetics for historic preservation ends seems to lag behind the opportunities. Utterly subjective, aesthetics poses challenges for the preservation community worldwide to moderate, accommodate, and purpose aesthetics in heritage programs. The challenges revolve around the assessment of aesthetical purposing in three domains. These domains include the community disposition towards accommodating aesthetics (advocacy), the criteria and strategies for assessing the aesthetic value of historic resources (signification), and, the standards for treating historic resources in preservation projects (interpretation). This study, therefore, assesses the trends for purposing aesthetics in historic preservation thought and practice through three platforms: advocating aesthetics, signifying aesthetics, and interpreting aesthetics. The study completed literature content analysis on aesthetics in general and aesthetics in historic preservation in particular. Further, because of the perspective of the study, the works of international and country preservation programs provided information relevant to advocacy, signification, and interpretation of aesthetics that have been refined by classification, comparison, and exemplification methods. Among others, these works include those of the International Council on Monuments and Sites (ICOMOS) and the U.S. National Historic Preservation Program in the National Park Service. The study culminated with general and platform-specific conclusions. First, as the three proposed platforms (advocacy, signification, and interpretation) maintain structural and serial relationships, they constitute a relevant and feasible framework for assessing aesthetical purposing. Second, as the aesthetical purposing assessment followed a broad, international perspective, the conclusions of the study are commensurate with the selective scope of information used from international and country preservation programs. Third, the contribution to aesthetical purposing at each of the three platforms can be measure only in general, and at times, subjective terms.</p><p><strong>Highlights:</strong></p><ul><li><p>Proposing aesthetical advocacy, aesthetical signification, and aesthetical interpretation as a platform framework to assess the purposing of aesthetics was feasible.</p></li><li><p>As aesthetical purposing was approached from a broad, international perspective, the conclusions of the study commensurate with the selective scope of information used.</p></li><li><p>The contribution to aesthetical purposing at each of the three platforms is hard to measure; however, the indications point to uneven contribution.</p></li></ul>

The Anchor on a Long Chain: The National Park Service Act of 1916 Related to Historical and Cultural Resources

2010 ◽  
Vol 15 (2) ◽  
pp. 41-46
Author(s):  
Jerry L. Rogers
Keyword(s):  
National Park ◽  
National Park Service ◽  
The United States ◽  
Second Century ◽  
Cultural Resources ◽  
Leadership Responsibilities ◽  
Cultural Resource ◽  
Park Service ◽  
A Chain ◽  
Long Chain

The National Park Service Act of 1916, often dangerously considered alone, is only one link, although a fundamental one, in a chain of authorities that acknowledge and preserve historical and cultural resources everywhere in the United States. By fully exercising its cultural resource leadership responsibilities and expanding them to natural resources, the National Park Service can help to make the second century of the service amount to a “Century of the Environment.”

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