To meet this need, I have co-sponsored H.R. 6257, and strongly support its approval before you today. The face of North America has changed immensely since its discovery by Columbus 480 years ago, and since the United States became independent 196 years ago. The changes have accelerated as the United States has developed from a small agrarian nation to the modern industrial society of today. Throughout our history, the Federal government has taken steps to help develop the country and improve the life of our people. At the present time, Federal involvement in housing, water resource development and urban renewal are a few modern examples of these efforts. An unfortunate fact of life, however, is that as we have built the great cities, airports, highways, dams and all the rest, we have been destroying the archeological sites that are the key to our historical heritage. What is required is an effort to protect these sites, and I believe, H.R. 6257 represents a reasonable and effective approach to the problem. There are many archeological sities in the district I have the privilege to represent, and it is my hope that we can protect these vestiges of our past while we continue to prepare for the future. Thank you. STATEMENT OF HON. ROBERT G. STEPHENS, JR., A REPRESENTATIVE IN My bill, H.R. 3607 was introduced to amend Public Law 86-523 of June 27, 1960, to include all federal activity rather than just dam construction in the protection and recovery of valuable historical data. It is similar to H.R. 735 and other bills. Specifically, this bill is designed to provide for the preservation of scientific, prehistorical, historical, and archeological data (including relics and specimens) which might be adversely affected as a result of 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 agency; or any alteration of the terrain caused as a result of any Federal, federally assisted, or federally licensed activity or program. In addition to broadening the 1960 Act as described above, the proposed bill also includes the following explanation of the procedure to be used in preserving this data: 1. All Federal agencies whose programs are endangering are destroying scientific, prehistorical, historical, or archeological data are authorized to expend program funds to protect or recover such data prior to its loss. No required administrative procedures are set forth so that the agency may accomplish this by whatever administrative procedures are compatible with its operations. 2. Any Federal agency which does not wish to undertake direct responsiblity for threatened archeological resources is directed to notify the Secretary of the Interior whenever it has authoritative information that such archeological resources are threatened by its programs. The Secretary of Interior upon receiving such notification shall evaluate the situation and cause a survey or other investigation to be made to the extent necessary to protect the public interest. To accomplish this the Federal agency whose program is responsible for the destruction is authorized to transfer program funds, in an amount not to exceed 1% of the total cost of the program, to the Secretary of the Interior. America's scientific, prehistorical, historical and archeological sites constitute a non-renewable resource of evidence upon which a better understanding of the past can be based. The greatly accelerated destruction of such sites has created a very serious emergency situation. To prevent the further loss of vital knowledge of the past, this bill has several distinct advantages. As funds (public or private) for archeological research as well as archeological personnel are limited. they should be utilized where there is the greatest priority or scientific need. This bill will make possible some additional Federal funding and activity to recover data on our archeological and historical resources by extending the salvage archeological program to all Federal activities rather than limiting it to reservoirs. Of even greater importance, it will enable archeologists to select sites upon which to concentrate their efforts on the basis of scientific need rather than being restricted in their selection solely to those sites being destroyed by dam construction or reservoir flooding. Basically, the responsibility for initiating action rests with the archeologists, so the Federal agencies involved will not be burdened with unnecessary administrative problems or expense. STATEMENT OF HON. JACK BRINKLEY, A REPRESENTATIVE IN CONGRESS Mr. Chairman and members of the subcommittee, let me begin by expressing my thanks to you for holding these hearings on H.R. 3607 and other related bills. H.R. 3607, which I introduced on February 4, 1971, would prevent the threatened destruction of irreplaceable scientific and archeological resources which might otherwise be lost to history as a result of Federal public works projects. Federal agency programs in this area would have the authority to expend a very minimal amount of funds to recover, protect and preserve the data threatened by Federal projects. Mr. Chairman, as you know, much information about the past still lies buried awaiting investigation and discovery by scientists from which they can create a meaningful picture of the lives of those who lived in this land before us. From the objects and other information in the earth our past can be effectively brought to life again and can become a part of our children's education and future. In conclusion, it is my sincere belief that H.R. 3607, or any similar measure, would be an effective means with which to better ensure the preservation and protection of much of our national heritage. STATEMENT OF HON. DON FUQUA, A REPRESENTATIVE IN CONGRESS Mr. Chairman, first, let me express my appreciation for this opportunity to submit testimony on my bill, H.R. 735 and others, which would amend the Act of June 27, 1960, that provided for the preservation of historical and archeological data exposed to loss from dam construction. My bill would, of course, provide for the preservation of historical and archeological data which might be lost as the result of federal or federally assisted construction activities. With the emergence of a highly technologized society in this country, and the corresponding changes in the landscape for needed geographical improvements, there is an increasing possibility that significant scientific and cultural evidence concerning our Nation's past will be lost. The enlargement of the scope of the Act called for in the amendment is imperative to the preservation of our national cultural heritage. The need for action is manifest for it is estimated that a majority of our archelogical sites will be damaged or destroyed within the next twenty-five years unless remedial legislative action is taken. The bill will make possible some additional federal funding to recover data on our archeological and historical resources by extending the salvage archeological program to all federal activities rather than limiting it to reservoirs. Furthermore, it will enable archeologists to select sites upon which to concentrate their efforts on the basis of scientific need rather than be limited to those sites covered under exisiting law. It is appropriate that the federal government play a leadership role in efforts to preserve scientific and archeological data which would otherwise be lost. There is a great deal to be learned about the lives of those who lived on this land before us which will put our present socio-political environment in a more meaningful perspective. This legislation has been favorably received, although with occasional amendatory recommendations, by the Departments of Agriculture, Interior, Transportation, Army, and the Office of Management and Budget. In addition, the Society for American Archeology has enthusiastically supported the legislation. I am privileged to represent three four-year institutions of higher education. and support from the educational community of these outstanding schools has been received. For these reasons, I wholeheartedly recommend this legislation to the subcommittee and respectfully request that it be favorably considered. Thank you again for the opportunity to present this testimony in support of H.R. 735 and similar measures. Hon. Roy A. TAYLOR, CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, D.C., September 12, 1972. Chairman, National Parks and Recreation Subcommittee, Interior and Insular Affairs Committee, Longworth House Office Building, Washington, D.C. DEAR MR. CHAIRMAN: I wish to express my support for the historical and archeological preservation legislation which is now before your Subcommittee. It would protect historic American sites, buildings and objects of national significance from destruction by federal construction projects. I am a cosponsor of legislation for this purpose, H.R. 6916. The legislation will assign the Secretary of Interior responsibility for this protection and preservation and will require other government agencies to advise the Secretary when any of their programs or projects may affect historical or archeological sites. The Department of Interior will be authorized to assist in the removal of objects and material when that is appropriate. The legislation would extend to federally assisted programs as well as those carried out by the federal government. As the population of our country continues to grow and more areas are developed, the danger increases that we may lose scientific, archeological or historical resources. I believe the federal government should be a leader in preserving and protecting these resources. Many government agencies now exhibit an awareness of the need to preserve our historical treasures, but I believe we should enact this legislation to assure that these important values are not overlooked in the relentless march of progress. Very truly yours, BARBER B. CONABLE, JR. STATEMENT OF HON. BOB BERGLAND, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MINNESOTA Mr. Chairman, Members of the Committee, fellow friends of history. I am here today to ask your serious consideration to include certain provisions of H.R. 10093, which I introduced on July 27, 1971, in H.R. 6257. As you will note, H.R. 10093 is identical-with one exception-to H.R. 6257. I support and applaud the intention of H.R. 6257 and commend my colleague from Florida, Mr. Bennett, for demonstrating his concern for, and commitment to, the preservation of historical and archeological data which is threatened by that often destructive force called "progress." The preservation of this data should be considered essential. The knowledge-about ourselves and those who long preceded us-that can be gained by the scientific analysis of this data is as exciting and as valuable as the information we have gained by the more glamorous and publicized exploration of space. My only objection to II.R. 6257, as it stands, is the lack of any provision to include, whenever possible, the appropriate American Indian tribe or band in the decision-making process which will open these sites to scientific exploration. I am, therefore, respectfully asking the committee to include, in H.R. 6257. Section 3, subsection (f), of H.R. 10093 (See H.R. 10093; page 6; lines 7 through 17). Members of the scientific community who have voiced concern over the provision I have suggested appear to have two primary objections. The first is that a mandatory consultation and approval feature is unnecessary because it is automatic when the origin of such sites can be determined. I must note that my experience-representing as I do a Congressional District which includes three major Indian Reservations and a State with a large Indian population does not support this claim. Recently, the Leech Lake band of Chippewas found it necessary to go to the courts to prevent a responsible and well-meaning group of scientists from disturbing a site considered sacred by many local Indians. At the very time H.R. 6257 was being introduced, a group of Indians disrupted work being conducted by the Minnesota Historical Society-another respected and responsible organization. It is my belief that these incidents, and many like them which have been occurring with greater frequency throughout the country, could have been prevented if the advance consultations had taken place. The second most common objection is what seems to be a fear that the determination of which tribe or band of American Indians may have a cultural or religious interest in a site is often impossible and that the delays caused by making such determination may result in the destruction of valuable data at the hands of over-anxious developers. Mr. Chairman, the main thrust of H.R. 6257 is, of course, designed to prevent premature development. If-upon the advice of the Committee, its counsel and members of the scientific community-jurisdictional problems could be avoided by adding Section 3. subsection (f), the clause "whenever such interests can be determined," I would have no objections. I do believe, however, that-as is common with much of the legislation passed by Congress-that the necesary clarifications can be provided in the regulations formulated by the appropriate agency, rather than in the bill itself. I cannot see, Mr. Chairman, that the addition of Section 3, subsection (f) of H.R. 10093, will in any way interfere with the laudable purposes of H.R. 6257. It will instead reaffirm the rights of the American Indian to maintain their unique and diverse culture. Many of the lands which will be preserved by this Act are as important and as hallowed as our own burial sites and battle grounds. When the sites of the white man are threatened by "progress," the uproar is great and progress usually loses. It is only right that the Red Man receive the same respect and consideration. I, therefore, urge you to report favorably on H.R. 6257 and amend it to include the provision of H.R. 10093, which includes consultations with the American Indian. Hon. WAYNE N. ASPINALL, HOUSE OF REPRESENTATIVES, Washington, D.C., September 21, 1972. Chairman, Committee on Interior and Insular Affairs, DEAR MR. CHAIRMAN: First, I wish to express my appreciation to the Committee for its attention to proposals to protect historical and archeological data. Mr. Chairman, regulations now provide for the protection of historical and archeological material only when the construction is that of a dam or highway. There is no protection against the loss of historical or archeological data on other federally funded or licensed projects which alter the terrain. Without this protection the potential exists to lose forever material that could be invaluable in our continuing efforts to study our history and provide knowledge for the future. As has been testified to by others, it is projected that within the next 25 years, as a result of stepped up building, untold amounts of material could be lost to us forever. Mr. Chairman, I also wish to express support for the amendment offered by Congressman Bergland to protect the American Indians where they have an interest in a particular site. As you are well aware, Mr. Chairman, the American Indians have been moved far and often, and as a result, the cultural and religions interests of the Indians have been jeopardized. We owe it not only to the Native Americans, but to posterity to protect this culture. Your favorable consideration, and that of this committee, is strongly urged on this legislation. Most cordial regards. Sincerely, CHARLES THONE. STATEMENT OF HON. JOHN R. RARICK, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF LOUISIANA Mr. Chairman, Members of the Committee, I welcome this opportunity to submit this statement in support of H.R. 9073 and similar legislation "to amend the Act of June 27, 1960 (74 Stat. 220), relating to the preservation of historical and archeological data." This bill was introduced to preserve and protect important historical and archeological data from possible destruction resulting from the activity of any U.S. government agency or by anyone holding a license issued by such an agency. The Department of the Interior has recommended approval of this legislation and cited certain instances wherein losses have occurred as a result of activity on the part of the United States government or its agents. In these trying times, it is of utmost importance that this Congress act immediately to preserve and protect important historical and archeological data. The history and traditions of the American people must be preserved for the benefit of those who follow us. I ask that the Committee favorably report this bill, or similar legislation, for action by the House. Mr. TAYLOR. Our next witness is Mr. Stanley W. Hulett, Acting Director, National Park Service, U.S. Department of the Interior. STATEMENT OF STANLEY W. HULETT, ACTING DIRECTOR, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR; ACCOMPANIED BY DR. ROBERT H. LISTER, CHIEF, DIVISION OF ARCHEOLOGY AND ANTHROPOLOGY; AND ROBERT M. UTLEY, DIRECTOR, OFFICE OF ARCHEOLOGY AND HISTORICAL PRESERVATION Mr. HULETT. Thank you, Mr. Chairman. With your permission, I would like to have Mr. Robert Utley, the Director of the Office of Archeology and Historical Preservation and Dr. Robert Lister, Chief of the Division of Archeology and Anthropology, accompany me to the witness table. Mr. TAYLOR. They will accompany you to the witness table. I listed you as Acting Director. You are acting while the Director is out of the country in Canada, is that not right? Mr. HULETT. That is correct, Mr. Chairman. Mr. TAYLOR. You may proceed. Mr. HULETT. Mr. Chairman, as indicated in our departmental report to your committee, we recommend the enactment of H.R. 6257 or any of the identical bills which are pending before your committee. Also pending is S. 1245, a similar bill which passed the Senate on August 5, 1971. This legislation would amend a 1960 law under which the National Park Service now conducts archeological salvage programs at reservoir construction sites. Under the 1960 law, Federal agencies responsible for dam construction or for issuing licenses for dams are required to notify the Secretary of the Interior before starting construction or issuing the license. Upon receving such notice, the law directs the Secretary to survey the affected area to determine whether historical and archeological data exist and should be preserved. If so, the Secretary is authorized to collect and preserve the data. |