Laserfiche WebLink
:. .: , <br />,y <br />-4- <br />5) Act of May 24, 1974, 88 Stat 174, 16 USC 469 (Supp. IV, 1974) <br />16 U.S.C. 4 469a-2(a) (Supp. IV, 1974) describes the Secretary's <br />responsibilities when notified of a possible loss or destruction of <br />archaeological data: <br />The~Secretary, upon notification, in writing by any Federal or State <br />agency or appropriate historical or acheological authority that <br />scientific, prehistorical, historical, or archeological data is being or <br />may be irrevocably lost or destroyed by any Federal or federally assisted <br />or licensed project, activity, or program, sha1L, if he determines that <br />such data is significant and is being or may be irrevocably lost or <br />destroyed and after reasonable notice to the agency cesponsible for <br />funding or licensing such project, activity, or program, conduct or cause <br />to be conducted a survey and other investigation of the areas which are <br />or may be affected and recover and preserve such data (including analysis <br />and publication) which, in his opinion, are not being, but should be, <br />recovered and preserved in the public interest. <br />The IBLA found in the legislative history of this act a congressional intent <br />to protect cultural resources that are not yet known or recorded, as well as <br />those that are. OSM, as an agency under the Secretary of the Interior, could <br />obviously also "conduct or cause to be conducted" such a survey. <br />6) Cooperative Agreements <br />OSM has Cooperative Agreements with Wyoming (Fed. Reg., Vol. 46, No. 18, p. <br />9065) and with Montana (Fed. Reg., Vol. 46, No. 67, p. 20983) for <br />administering [he regulation of surface coal mining operations on Federal <br />lands in those states. Article V, Section 8 of [he former agreement and <br />Article V, Section B.2 of the latter both state Chat the Secretary may act <br />independently of the State(s) in carrying ouC his responsibilities under laws <br />other than SMCRA (P.L. 95-87), or when there is disagreement with the State(s) <br />under the Act. Similar language is expected to be a part of all final <br />Cooperative Agreements promulgated under SMCRA. <br />