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<br />" <br /> <br />':""~ <br />f-.Ai:;;;:~ <br />~;~.~~t'P <br /> <br />ARCHAEOLOGICAL AND ENVIRONMENTAL ACTS <br /> <br />There are several Federal archaeological and environmental acts that affect all lands of the United <br />States, and all existing or potential Corps projects or activities, which may be of particular interest to Indian <br />Tribes and Indian cultures. These acts are discussed below: <br /> <br />NATIONAL HISTORIC PRESERVATION ACT OF 1966 <br /> <br />CORPS RESPONSmILITY UNDER THE ACT: Section 106 of the National Historic Preservation Act <br />of 1966, as amended, requires the Corps cif Engineers to take into account the effect of an undertaking on any <br />district, site, building, structure, or object that is included in or eligible for inclusion in the National Register <br />of Historic Places. <br /> <br />Undertakings are any projects, activities, or programs that result in changes to the character or use <br />of historic properties. The projects, activities, or programs must be under the direct or indirect jurisdiction <br />of the Corps or be licensed, permitted, or assisted by the Corps. Undertakings include new and continuing <br />projects, activities, or programs and any associated elements not previously considered under Section 106. <br /> <br />The Section 106 review process consists of identifying properties located within the area affected by <br />an undertaking and determining if those properties meet criteria for inclusion in the National Register of ' <br />Historic Places. A consultation process resulting in consensus among the Corps, State or Tribal Historic <br />Preservation Officer, and the Advisory Council on Historic Preservation determines if a property lD,eets <br />criteria for inclusion in the National Register. The process is intended to ~e the, value of a district, site, <br />building, structure, or object. ' <br /> <br />Section 110 of the Act and the Section 106 review process also requires the Corps to invite Indian <br />Tribes that have an interest in the undertaking to participate in the consultation process. When an undertaking <br />affects Indian land, the Corps consults directly with the Tribal government and its Historic Preservation Office <br />on the effects of the undertaking, as authorized in the 1992 amendments to the Act. :NO~y" tile Corps .only <br />takes action on Indian land at the request of the Tribal government. <br /> <br />When an undertaking on non-Indian land may affect properties with historic or traditional value to, an ' <br />Indian Tribe, the Corps and other consulting parties shall afford the Indian Tribe the opportunity to participate <br />in the consultation process as interested persons. Traditional cultural leaders and other Native Americans are <br />considered to be interested persons regarding undertakings that may affect historic properties of significance. <br /> <br />AMERICAN INDIAN RELIGIOUS FREEDOM ACT OF 1978 <br /> <br />CORPS RESPONSIBILITY UNDER THE ACT: It is the policy of the United Stales Government to protect <br />and preserve for American Indians their inherent right of freedom to believe, express, and exercise the <br />traditional religious beliefs of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not <br />limited to aCCCQI to sites, use and possession of sacred objects, and the freedom to worship through ceremonial <br />and traditional rites. <br /> <br />25 <br /> <br />. ' <br />