COMMITTEE ON INTERIOR AND INSULAR AFFAIRS U.S. HOUSE OF REPRESENTATIVES WAYNE N. ASPINALL, Colorado, Chairman JAMES A. HALEY, Florida ROBERT W. KASTENMEIER, Wisconsin NICK BEGICH, Alaska JAMES ABOUREZK, South Dakota JOHN P. SAYLOR, Pennsylvania SAM STEIGER, Arizona SIDNEY L. MCFARLAND, Staff Director and Chief Clerk CHARLES LEPPERT, Jr., Minority Counsel SUBCOMMITTEE ON NATIONAL PARKS AND RECREATION NOTE. LEE MCELVAIN, Consultant on National Parks and Recreation The chairman, Hon. Wayne N. Aspinall, and the ranking minority member. Hon. John P. Saylor, are ex officio members of this subcommittee. Bennett, Hon. Charles E., a Representative in Congress from the Bergland, Hon. Bob, a Representative in Congress from the State of Brinkley, Hon. Jack, a Representative in Congress from the State of Chapman, Dr. Carl, secretary, Missouri Archeology Society. Granger, Dr. Joseph, editor, Kentucky Archeological Association _ _ 102 Jennings, Dr. Jesse D., representing Great Basin Anthropological Conference, Director, Utah Museum of Natural History- Johnson, Hon. Harold T., a Representative in Congress from the Mc Gimsey, Dr. Charles R., III, member, National Committee for Recovery of Archeology Remains__ Rarick, Hon. John R., a Representative in Congress from the State Stephens, Hon. Robert G., Jr., a Representative in Congress from Thompson, Dr. Raymond, representing Society for American Arche- 81 91 Letters: Conable, Hon. Barber B., Jr., Member of Congress from the State of Froehlke, Hon. Robert F., Secretary of the Army, to Hon. Wayne N. Froehlke, Hon. Robert F., Secretary of the Army, to Hon. Wayne N. Hulett, Hon. Stanley W., Associate Director, National Park Service, Additional information: American Antiquity article, vol. 28, No. 3, dated January 1963, entitled, "Administration of Contract Emergency Archaeological Programs," by Dr. Jesse Jennings. Archeological salvage projects, fiscal years 1960–72—by region (table). Federal agencies presently identified whose program would be subject to the provisions of the proposed legislation...-- Federal programs that would be subject to the provisions of the proposed legislation....... 21 11 10 13 46 14 22 12 71 29 61 61 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA MONDAY, SEPTEMBER 11, 1972 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON NATIONAL PARKS AND RECREATION Washington, D.C. The subcommittee met, pursuant to notice, at 10:03 a.m., in room 1324, Longworth House Office Building, the Honorable Roy A. Taylor (chairman of the subcommittee) presiding. Mr. TAYLOR. The Subcommittee on National Parks and Recreation will come to order. The legislation coming before the subcommittee today is H.R. 6257 and related bills involving the recovery and preservation of historical and archeological data. There are three types of bills before the subcommittee, but all seek to accomplish the same objective and they are comparable in many ways. For the record, I should note the following: H.R. 735, H.R., 2205, and H.R. 3607 are identical. H.R. 6257, H.R. 6358, H.R. 6259, H.R. 6276, H.R. 6916, H.R. 7737, H.R. 8089, H.R. 9073, H.R. 9819, and H.R. 10247 constitute a second group of identical bills. This group of bills are very similar to S. 1245, which has been approved by the other body. H.R. 10093 is substantially the same as H.R. 6257, except that it provides that the Secretary shall consult with any affected Indian tribe or group concerning the program prior to commencing any action. This is important legislation. I am sure that most of us can agree that important historical and archeological remains should be salvaged and preserved, but some of us may differ somewhat as to the methods to be used in achieving this objective. In the past, archeological investigations and recovery work has been conducted by the National Park Service with funds appropriated for that purpose. The shortcoming of the present program is that it is limited to reservoir sites. This legislation would expand the program to other activities which are administered by other agencies. Another important distinction between the present law and the proposed legislation involves the funding of the program. At the present time, the National Park Service seeks and secures the funds necessary to carry on this work. Under the proposed legislation, the burden of securing the funds for this program would shift to the constructing agency involved and up to 1 percent of the cost of the project could be used for archeological salvage. While this percentage seems low, it could amount to a substantial amount of money where large projects are involved. There are many questions to be asked about this legislation and wa have several witnesses coming before us this morning and tomorrow. so I will not take any further time in this opening presentation. I do want to say that I hope that the witnesses will explain the legislation fully and give us the benefit of their arguments concerning its favor able consideration. We need to know why it is needed, why it is desirable, what it will cost, and how it will operate before we can make a decision on the merits of the matter. In the absence of objection, a copy of H.R. 735, H.R. 6257, H.R. 10093, and S. 1245 will be made a part of the record at this point. Hearing no objection, it is so ordered. (The bills referred to follow :) [H.R. 735, 92d Cong., first sess.] A BILL To amend the Act of June 27, 1960 (74 Stat. 220), relating to the preservation of historical and archeological data Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the preservation of historical and archeological data (including relics and specimens) which might otherwise be lost as the result of the construction of a dam." approved June 27, 1960 (74 Stat. 220), is amended to read as follows: "That it is the purpose of this Act to further the policy set forth in the Act entitled 'An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes', approved August 21, 1935 (16 U.S.C. 461-467), and the Act entitled 'An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes', approved October 15, 1966 (80 Stat. 915), by specifically providing for the preservation of scientific, prehistor ical, historical, and archeological data including relics and specimens) which might be adversely affected as the result of (1) flooding, the building of access roads, the erection of workmen's communities, the relocation of railroads and highways, and other alterations of the terrain caused by the construction of a dam by any agency of the United States, or by any private person or corporation holding a license issued by any such agency; or (2) any alteration of the terrain caused as a result of any Federal, federally assisted, or federally licensed activity or program. "SEC. 2. Before any agency of the United States shall undertake the construe tion of a dam, or issue a license to any private individual or corporation for the construction of a dam, it shall give written notice to the Secretary of the Interior (hereinafter referred to as the 'Secretary') setting forth the site of the proposed dam and the approximate area to be flooded and otherwise changed if such construction is undertaken: Provided, That with respect to any floodwater retarding dam which provides less than five thousand acre-feet of detention capacity and with respect to any other type of dam which creates a reservoir of less than forty surface acres the provisions of this section shall apply only when the constructing agency, in its preliminary surveys, finds, or is presented with evidence that scientific, prehistorical, historical, or archeological materials exist or may be present in the proposed reservoir area. "SEC. 3. (a) Whenever any Federal agency finds or is made aware by a responsible authority that its operations in connection with any Federal, federally assisted, or federally licensed activity or program affects or may affect adversely significant scientific, prehistorical, historical, or archaeological data, such agency is hereby authorized to expend program or activity funds for the recovery, protection, preservation of such data (including preliminary survey, analysis, and publication) and shall provide the Secretary with copies of such publications" or it shall notify the Secretary, in writing, that such data is or may be adversely affected and shall provide the Secretary with appropriate information concerning the program or activity. "(b) The Secretary, upon notification by any such agency or by any other Federal or State agency or responsible private organization that scientifle. prehistorical, historical, or archeological data is or may be adversely affected |