The Protection of Cultural Resources on Public Lands: Federal Statutes and Regulations

June 2001
Citation:
31
ELR 10689
Issue
6
Author
Sandra B. Zellmer

The federal public lands—national forests, parks, and rangelands—are widely known for their vast natural resources: timber; range; minerals; watersheds; wildlife; and sweeping vistas of incredible beauty and diversity. No less notable are the cultural resources found on the public lands. Some of the earliest withdrawals of public lands from homesteading or other disposition occurred because of their cultural and historic importance.

Preserving and allowing access to resources with cultural significance are critical to sustaining diverse, viable communities as well as our national, collective heritage. For American Indian people in particular, certain places, physical features, and objects on the public lands hold deep cultural and spiritual significance. Without ongoing relationships with a defined physical "place," the integrity of many contemporary American Indian societies could be jeopardized.

The author is an Associate Professor, University of Toledo College of Law. The author thanks the American Law Institute-American Bar Association for providing the opportunity to speak about cultural resources on public lands at its environmental law conference in Washington, D.C., in February 2001; Prof. Dean Suagee for his insights on the National Historic Preservation Act; and Brian Ferrell, Trial Attorney, U.S. Department of Justice, for his encouragement and helpful comments on drafts of this Article.

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