Idaho National Laboratory Cultural Resource Management Plan

“Federal Records Act of 1950,” as amended
(44 USC 3101 et seq.)
This act establishes the framework for federal records management programs, requiring all federal
agencies to adequately document their missions and functions, policies, procedures, decisions and
transactions, and to preserve their historically valuable records. The National Archives and Records
Administration (NARA) is designated to assist agencies in this endeavor by providing general oversight
and advice, appraising records, regulating and approving the disposition of records, operating federal
records centers, and preserving permanent records that document historically and nationally important
events in the U.S.
* “National Historic Preservation Act of 1966,” as amended
(PL 89-665; 16 USC 470, et seq.)
This act outlines the leadership role of the federal government in preserving prehistoric and historic
resources and promotes a policy of cooperation between federal agencies, Indian Tribes, other nations,
states, and local governments. The act directs federal agencies to assume responsibility for preserving
historic properties located on lands that they own or control (Section 110) and requires them to take into
account the effects of their actions on those properties (Section 106). In this legal context, “historic
properties” are widely varied but all are eligible, or potentially eligible, for listing in a National Register
of Historic Places, formally established by the act. Historical buildings, structures, and objects, prehistoric
and historical archaeological sites, cultural landscapes, places of traditional cultural significance to Native
Americans or other communities, artifacts, and records are eligible for nomination.
The act also provides for the establishment and support of State Historic Preservation Offices
(SHPO), Tribal Historic Preservation Offices, state historic preservation plans, and procedures for
forming approved state and local government historic preservation programs. It creates the independent
national Advisory Council on Historic Preservation to serve as counsel on historic preservation issues to
the president, Congress, and federal and state agencies. Further guidance for the National Historic
Landmarks Program is also provided as well as a directive to inform and educate the public about cultural
resources under federal jurisdiction.
The following sections of the act are especially important to the relationship between cultural
resource protection and activities on federal land, like INL.
*Section 106—The Advisory Council on Historic Protection (ACHP), created by the National
Historic Preservation Act (NHPA), is responsible for implementing Section 106. This important section
requires that federal agencies consider the potential impact of their activities on properties listed on or
eligible for listing on the National Register and provide the ACHP sufficient information and time to
comment on the proposed activities. In most situations, the ACHP only takes an active role in Section 106
reviews when adverse effects on historic properties are unavoidable. Far more active roles are played by
other consulting parties such as the SHPO, Indian Tribes, and interested stakeholders.
In addition to providing a review process to be followed for individual federal undertakings, Section
106 also addresses emergency activities and situations where historic properties are inadvertently
discovered. Federal agencies can comply with Section 106 by following procedures for individual
activities or by developing programmatic agreements for large projects and/or ongoing program activities.
The programmatic agreement is developed in consultation with the SHPO, the ACHP, Native American
Tribes, and other interested groups. Federal agencies can also develop their own substitute procedures
(subject to approval by the ACHP) or follow a state review system approved by the ACHP and the State.
Such tailoring of requirements and processes for INL is captured in this plan (see Appendix G).
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