Appendix H - Historical Archaeological and ... - CBP.gov

5 REGULATORY FRAMEWORK GOVERNING THE
MANAGEMENT OF CULTURAL RESOURCES
This section lists and describes pertinent laws, regulations, Executive Orders (EO), guidelines,
agreements, and treaties for which CBP is responsible as it carries out its mission and programs
in the four geographic regions within the 100-mile corridor of the northern border project area.
The section first describes the national regulatory framework that governs CBP action across the
country and then provides a state-by-state account of the regulatory framework at state and local
levels.
5.1 CULTURAL RESOURCES DEFINED
Cultural resources in the broadest sense include tangible elements (e.g., buildings, structures,
sites, districts, and objects of significance in American history, architecture, archaeology, and
engineering) and intangible elements (e.g., folklore and religious beliefs). Cultural resources
may include relatively recent or historic places and items of cultural importance. In the context
of this PEIS and CBP’s stewardship responsibility, cultural resources refer to historic and
prehistoric real property (e.g., buildings, structures, historic districts, ruins, archaeological sites,
and traditional cultural and tribal places) and historic personal property (e.g., historic records and
archaeological artifacts). The term “historic property” is used in place of “cultural resources” in
the National Register of Historic Places (National Register) program, and is used in this PEIS
when referring to any cultural resource identified as eligible for, or listed in, the National
Register.
5.2 LEGAL SETTING FOR CULTURAL RESOURCES PROTECTION
From a legal perspective, cultural resources are defined in various EOs, Federal laws, DHS
Directives System Directive 017-01: Historic Preservation in Asset Management and Operations
(Directive 017-01) and DHS Directives System Instruction 017-01-001: Instruction Guide on the
Historic Preservation in Asset Management and Operations (Instruction 017-01-001), and state
laws.
Congress established the most comprehensive national policy on historic preservation with
passage of the National Historic Preservation Act (NHPA) in 1966. One goal of the act is that
Federal agencies act as responsible stewards of our Nation’s resources when their actions may
affect historic properties. CBP must comply with NHPA before issuing any license, permit, or
approval, and before expending any funds apart from non-destructive planning activities.
Sections 106 and 110 of the NHPA establish Federal agency responsibilities for historic
preservation. Section 106 requires Federal agencies account for the effects of their actions on
historic properties—any district, site, building, structure, or object included or eligible for
inclusion in the National Register.
Section 110 requires Federal agencies to assume responsibility for all historic properties under
their control and integrate historic preservation into their mission and programs. Section 110
also sets out a series of broad preservation responsibilities for Federal agencies and requires them
to establish a historic preservation program. By adhering to the requirements of Section 110,
CBP will be able to fulfill its responsibilities for Section 106 more effectively and efficiently.
Northern Border Activities H-172 July 2012