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Idaho National Laboratory Cultural Resource Management Plan

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gathering, planning, and assessment in advance of<br />

projects or actions that occur on federal land or are<br />

federally licensed or funded. It requires the use of<br />

natural and social sciences in planning and<br />

decision-making with regard to project impacts on<br />

the environment and extends protective provisions<br />

to important historic, cultural, and natural aspects<br />

of our national heritage. Federal agencies must<br />

prepare detailed environmental impact statements<br />

(EISs) and environmental assessments (EAs)<br />

outlining the scope, environmental impacts of, and<br />

alternatives to the action planned and allow for<br />

and consider public comments.<br />

ARPA establishes definitions, permit<br />

requirements, and criminal and civil penalties,<br />

among other provisions, to strengthen the basic<br />

tenets of the Antiquities Act of 1906. Felony-level<br />

penalties are established for the unauthorized<br />

excavation, removal, damage, alteration, or<br />

defacement of any archaeological resource located<br />

on public or American Indian lands. This act also<br />

prohibits the sale, purchase, exchange,<br />

transportation, receipt, or offering of any<br />

archaeological resource obtained in violation of<br />

any provision of the act. Finally, ARPA fosters<br />

increased cooperation and exchange of<br />

information between governmental authorities, the<br />

professional archaeological community, and<br />

private individuals possessing collections of<br />

archaeological resources and data.<br />

NHPA establishes the NRHP and defines<br />

historic properties as those that meet <strong>National</strong><br />

Register criteria and are, therefore, eligible for<br />

listing on the <strong>National</strong> Register. Properties that are<br />

eligible for listing are afforded the same protection<br />

under the law as those that are listed. NHPA<br />

Sections 106 and 110 are particularly important<br />

for the identification, management, and protection<br />

of INL’s cultural resources. Together these<br />

provisions of law direct federal agencies, like<br />

DOE-ID, to assume responsibility for the<br />

significant cultural resources under their<br />

stewardship and consider these resources in<br />

day-to-day operations as well as long-term<br />

planning.<br />

The protective provisions of NHPA apply only<br />

to those resources that are determined to be<br />

eligible or potentially eligible for nomination to<br />

the NRHP. Many American Indian sacred sites,<br />

traditional cultural areas, and sites or features of<br />

local interest are not eligible for listing on the<br />

<strong>National</strong> Register but nonetheless are cultural<br />

resources and are no less important to local tribal<br />

people and stakeholders. Other laws, such as the<br />

NEPA, American Indian Religious Freedom Act,<br />

and the American Folklife Preservation Act<br />

recognize their importance and the Department of<br />

Energy, <strong>Idaho</strong> Operations Office (DOE-ID) is<br />

committed to their protection at INL (NHPA<br />

provides direction for integrating NEPA and<br />

NHPA Section 106 requirements. However,<br />

categorical exclusions under NEPA do not apply<br />

under NHPA.)<br />

Appendix A provides an annotated list of<br />

laws, regulations, policies, executive orders, and<br />

INL procedures that guide the management of<br />

cultural resources at INL. Appendix B includes<br />

summaries of the DOE policy and<br />

DOE-ID-specific programs and regulatory<br />

guidance that illustrate DOE’s commitment to<br />

protecting American Indian interests. Appendices<br />

C and D provide descriptions of how requirements<br />

and commitments regarding the protection of<br />

cultural resources are implemented at INL.<br />

DOE <strong>Cultural</strong> <strong>Resource</strong><br />

<strong>Management</strong> Philosophy<br />

The INL CRMP was initiated by and reflects<br />

the philosophy of DOE-ID, as stated in the<br />

following directive:<br />

The INEL [<strong>Idaho</strong> <strong>National</strong><br />

Engineering <strong>Laboratory</strong>, now known as<br />

the <strong>Idaho</strong> <strong>National</strong> <strong>Laboratory</strong>]<br />

possesses a rich and varied prehistory<br />

and history. It must be emphasized that<br />

cultural resources are limited and<br />

non-renewable; that once damaged or<br />

destroyed, the information those<br />

resources contained is irretrievably lost.<br />

Since the INEL has been a federal<br />

reservation for over 50 years where<br />

public access has been restricted, we are<br />

in a unique position to implement<br />

management programs which can<br />

protect these resources and the<br />

information that can be learned from<br />

them for the future. As with all other<br />

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