EP 1165-2-1
30 Jul 99
a. Mandatory Center of Expertise (MCX). The Corps MCX for
Curation and Management of Archaeological Collections at St. Louis
manages Corps-wide curation needs assessments and design services for
the curation of archaeological collections. The MCX reviews the
status of Corps-wide curation of collections and associated documents
and ensures USACE compliance with the provisions of the Native
American Graves Protection and Repatriation Act (NAGPRA), Public Law
101-601, and 36 CFR Part 79 (Curation of Federally-Owned and
Administered Archeological
Collections).
b. Tribal Consultation. Consistent with NAGPRA, Public Law
95-341, American Indian Religious Freedom Act and Public Law 103-141,
Religious Freedom Restoration Act of 1993, commanders are required to
consult with affected tribes, groups, or individuals regarding
appropriate action for project effect upon sacred sites, important to
the practice of traditional Native American religion. Native American
consultation topics may include access to sites, use and possession of
sacred objects, freedom to worship unburdened except when government
limitations meet the compelling interest test, and suitable
preservation measures. Tribal consultation pursuant to cultural
resource law may require Native American and/or Native Hawaiian
attendance at meetings, on-site visits, and the sharing of information
akin to intellectual property.
c. Cultural Resources Management Plans. In accordance with
provisions of the Archeological Resources Protection Act (ARPA) of
1979, as amended, and the National Historic Preservation Act (NHPA) of
1966, as amended, district commanders ensure that Cultural Resources
Management Plans (CRMP), where appropriate, are developed for
subordinate USACE projects.
d. Cultural Resources Protection Policy. Commanders have the
ability to restrict access to associated records that contain
information relating to the nature, location or character of a
prehistoric or historic resource unless the commander determines that
such disclosure would not create a risk of harm, theft or destruction
to the resource or to the area or place where the resource is located.
In addition, requests by other agencies or persons to conduct historic
or archeological investigations of any type on Corps managed or
controlled lands, sites, or properties, must be in accordance with the
requirements of the ARPA of 1979, as amended (Public Law 96-95).
Procedures for the development of permit requests as well as review
and approval of permits for these investigations can be found in ER
405-1-12. Corps land managers should note that violators of protected
properties can be prosecuted under 36 CFR Part 327, 14(a), which
provides protection for historic properties and public property, or
ARPA.
e. Additional or more detailed information on the treatment
of the cultural environment at Corps operating projects can be found
in ER/EP 1130-2-540, Project Operations: Environmental Stewardship.
19-38. Cultural Resources Management in the Planning Process.
Historic properties are finite, nonrenewable resources which must be
taken into account in formulating recommendations for project
authorization and implementation. Preservation of significant
cultural resources through avoidance of effects is preferable to any
other form of mitigation. As early in the planning process as is
possible, alternative solutions are sought to water resources problems
that avoid effects on properties that are either listed or eligible
for listing in the National Register, and when such properties can be
19-23
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