A Statute Without Teeth: Is a Private Right of Action in the National Historic Preservation Act Necessary for Meaningful Cultural Resource Protection?

2019 ◽  
Author(s):  
Daniel Walker
Keyword(s):  
Historic Preservation ◽  
Cultural Resource ◽  
Resource Protection ◽  
Right Of Action ◽  
National Historic Preservation Act ◽  
Private Right

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 Book Review: Archeology in the Eastern Planning Region, Texas: A Planning Document

1996 ◽  
Author(s):  
Robert L. Brooks
Keyword(s):  
Historic Preservation ◽  
Planning Process ◽  
The State ◽  
General Nature ◽  
Preservation Planning ◽  
Resource Protection ◽  
Regulatory Guidelines ◽  
Park Service ◽  
National Historic Preservation Act

With the passage of the National Historic Preservation Act in 1966 and ensuing regulatory guidelines, a mandate for the development of "The State Historic Preservation Plan" was clearly established. During the late 1960s and the 1970s, because of limited funding and the absence of information on the structure of these plans, few states had formulated plans or if they had state plans, they were of an extremely general nature. In the 1980s, principally through funding initiatives on the part of the National Park Service and through the efforts of NPS preservation planners such as John Knoerl, many states began their first attempts at comprehensive preservation planning. One of the more highly acclaimed of these early planning documents was the Resource Protection Planning Process for Texas. The current eastern planning region document represents the culmination of over 10 years of preservation planning in the state of Texas.

A Private Right of Action for the FCPA: Bringing Rule of Law to Failed States

2015 ◽  
Author(s):  
Annalisa Marie Leibold
Keyword(s):  
Rule Of Law ◽  
Failed States ◽  
Right Of Action ◽  
Private Right

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.

scholarly journals Judicial Refusal to Imply a Private Right of Action under the FTCA

1974 ◽  
Vol 1974 (2) ◽  
pp. 506
Keyword(s):  
Right Of Action ◽  
Private Right

scholarly journals Optimizing historic preservation under climate change: Decision support for cultural resource adaptation planning in national parks

2019 ◽  
Vol 83 ◽  
pp. 379-389 ◽  
Author(s):  
Xiao Xiao ◽  
Erin Seekamp ◽  
Max Post van der Burg ◽  
Mitchell Eaton ◽  
Sandra Fatorić ◽  
...  
Keyword(s):  
Climate Change ◽  
Decision Support ◽  
Historic Preservation ◽  
National Parks ◽  
Adaptation Planning ◽  
Cultural Resource ◽  
Resource Adaptation
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