Federal Statutes - Continued

DOE-STD-6003-96

ties. Archaeological resources are defined as any material remains of past human life or activi-

ties of archaeological interest.

The National Historic Preservation Act of 1966, as amended (16 USC 470 et seq.;

36 CFR 60 and 800; Historic Sites, Buildings and Antiquities Act; 16 USC 461 et seq.), endeav-

ors to preserve, maintain, and enrich irreplaceable cultural, educational, inspirational, and eco-

nomic history. A determination must be made if the project area contains any site, structure, or

object identified in, or eligible to be included, in the National Register of Historic Places and

determine if the proposed project will affect the site, structure, or object adversely. If the effect

would be adverse, the Advisory Council on Historic Preservation must be consulted to deter-

mine what actions should be taken.

The American Antiquities Act (16 USC 432 et seq.; 25 CFR 261; 36 CFR 296; and

43 CFR 3-7) protects historic and prehistoric ruins, monuments, and objects of antiquity on

lands owned and/or controlled by the Federal government. Additionally, the act stipulates that

the Federal government is to provide leadership in the preservation, restoration, and mainte-

nance of the historical cultural environment of the nation.

The American Indian Religious Freedom Act (AIRFA) (42 USC 1996; 36 CFR 296 and

43 CFR 7) protects and preserves for Native Americans their inherent right of freedom to

believe, express, and exercise their traditional religious rights guaranteed by the First Amend-

ment of the U.S. Constitution. This includes access to sites; use and possession of sacred

objects; and freedom to worship through ceremonial and traditional rites. A determination must

be made whether the project site is in an area related to Native American religious rites or is a

sacred site.

The Migratory Bird Treaty Act (16 USC 703 et seq.; 50 CFR 10) prohibits the killing, cap-

turing, transporting, etc., of migratory birds, their nests, and eggs, and any part of such bird,

nest, and egg.

The Fish and Wildlife Coordination Act (16 USC 661 et seq.) mandates that wildlife con-

servation receive equal consideration and coordination with other features of water resource

programs through planning, development, maintenance, and coordination of wildlife conserva-

tion and rehabilitation.

The Bald and Golden Eagles Protection Act (16 USC 668668d; 50 CFR Parts 13 and

22) prohibits the killing, capturing, and transporting of any bald and golden eagles, living or

dead, their nests, and eggs, and any part of such a bird, nest, and egg.

The National Wildlife Refuge Systems Administration Act of 1966 (16 USC 668OD

668EE; 50 CFR 25, 27, 28 and 29) establishes the National Wildlife Refuge System by consoli-

dating fish and wildlife conservation under the Fish and Wildlife Service (FWS). This will include

fish and wildlife in danger of extinction; wildlife ranges, game ranges, wildlife management

areas; or waterfowl production areas.