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

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Permit or other requirements for archaeological investigations:<br />

The BHP does not require a permit for archaeological investigations.<br />

Tribal statutes <strong>and</strong> treaties<br />

There are no federally recognized Indian tribes in Pennsylvania. All of the commonwealth that<br />

includes the project area was ceded to the United States by the Six Nations of New York (i.e., the<br />

Iroquois Six Nations) by the 1784 Treaty of Fort Stanwix.<br />

Federal l<strong>and</strong>s <strong>and</strong> agencies<br />

Three Federal agencies possess l<strong>and</strong> in the project area in the Commonwealth of Pennsylvania:<br />

the DOD, including the Army Corps of Engineers lakes (Woodcock Creek Lake, Shenango Lake,<br />

Tionesta Lake, the Allegheny Reservoir, <strong>and</strong> the East Branch Clarion River Lake); the USFWS<br />

(the Erie National Wildlife Reserve); <strong>and</strong> the USFS (Allegheny National Forest <strong>and</strong> Allegheny<br />

National Recreation Area) (www.nationalatlas.<strong>gov</strong>).<br />

5.7.2.3 Ohio<br />

State Historic Cultural Resources Laws, Statutes, <strong>and</strong> Regulations<br />

In addition to the Federal regulatory framework <strong>gov</strong>erning management of cultural resources,<br />

state laws (<strong>and</strong> the regulations <strong>and</strong> agreements emanating from them) <strong>gov</strong>ern \ treatment of<br />

historic <strong>and</strong> archaeological resources in Ohio. Such laws are generally restricted to the<br />

protection of cultural resources that may be threatened by Federal, state-funded, or statepermitted<br />

projects. Ohio’s cultural resources regulatory framework that may be relevant to<br />

<strong>CBP</strong>’s mission <strong>and</strong> programs are:<br />

<br />

<br />

<br />

Chapter 149.30, Title 1 of the Ohio Revised Code<br />

http://codes.ohio.<strong>gov</strong>/orc/149<br />

Chapter 149.30 of Title 1 of the Ohio Revised Code enumerates the public functions of<br />

the Ohio <strong>Historical</strong> Society (OHS). Although the legislation does not have its legal basis<br />

in the NHPA, it is closely related. Of the public functions of the OHS enumerated in the<br />

revised code that most closely relate to the NHPA is establishment of an “inventory, in<br />

cooperation with the Ohio arts council, the Ohio archaeological council, <strong>and</strong> the<br />

archaeological society of Ohio, of significant designated <strong>and</strong> undesignated state <strong>and</strong> local<br />

sites <strong>and</strong> keeping an active registry of all designated sites within the state.” Chapter<br />

149.301 of Title 1 created the Ohio Historic Site Preservation Advisory Board, members<br />

of which are appointed by the <strong>gov</strong>ernor. The board’s responsibilities include<br />

encouraging “the designation of suitable sites on the National Register of Historic Places<br />

<strong>and</strong> under related Federal programs. The advisory board shall provide general advice,<br />

guidance, <strong>and</strong> professional recommendations to the state historic preservation officer in<br />

conducting the comprehensive statewide survey, preparing the state historic preservation<br />

plan, <strong>and</strong> carrying out the other duties of the state historic preservation office.”<br />

Northern Border Activities H-191 July 2012

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