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- Cooper, Brig. Gen. Kenneth B., Deputy Director of Civil Works, Office of the Chief of Engineers, Department of the Army.. Collier, Mrs. Marjorie, president, Tennessee Archeological Society. Davey, William B., Deputy Administrator for Watersheds, Soil Conservation Service, Department of Agriculture_-_ Fuqua, Hon. Don, a Representative in Congress from the State of Granger, Dr. Joseph, editor, Kentucky Archeological Association__ Hulett, Hon. Stanley W., Acting Director, National Park Service. Hungate, Hon. William L., a Representative in Congress from the 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 McGimsey, 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 17 23 19 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. Aspinall, dated March 17, 1972 (report on H.R. 735 and related bills) Hulett, Hon. Stanley W., Associate Director, National Park Service, Reed, Hon. Nathaniel P., Assistant Secretary of the Interior, to Hon. 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....... 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. 9849, 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 we 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 favorable 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, prehistorical, 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 construction 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 scientific. prehistorical, historical, or archeological data is or may be adversely affected 1 by any such Federal, federally assisted, or federally licensed activity or program, shall, if he determines that such data is or may be adversely affected, iamediately conduct a survey or other investigation of the areas which are or may be affected and recover and preserve such data (including its analysis and publication) which, in his opinion, should be recovered and preserved in the i ublic interest. The instigating agency is hereby authorized to transfer to the Secretary such funds as may be necessary, in an amount not to exceed 1 per centum of the total amount appropriated in connection with such activity or program, to enable the Secretary to conduct such survey or other investigation and to recover and preseve such data (including analysis and publication). "(c) The Secretary shall keep the instigating agency notified at all times of the progress of any survey or other investigation made under this Act, or of any work undertaken as a result of such survey, in order that there will be as little disruption or delay as possible in carrying out the functions of such agency. (d) A survey or other investigation similar to that provided for by subsection (b) of this section and the work required to be performed as a result thereof shall so far as practicable also be undertaken in connection with any dam, activity, or program which has been heretofore authorized by any agency of the United States, by any private person or corporation holding a license issued by any such agency, or by Federal law. "(e) The Secretary shall consult with any interested Federal and State agencies, educational and scientific organizations, and private institutions and qualified individuals, with a view to determining the ownership of and the most approprate repository for any relics and specimens recovered as a result of any work performed as provided for in this section. "SEC. 4. In the administration of this Act, the Secretary may "(1) accept and utilize funds transferred to him by any Federal agency pursuant to this Act; "(2) enter into contracts or make cooperative agreements with any Federal or State agency, any educational or scientific organization, or any institution, corporation, association, or qualified individual; "(3) obtain the services of experts and consultants or organizations thereof in acordance with section 3109 of title 5, United States Code; and "(4) accept and utilize funds made available for salvage archeological purposes by any private person or corporation. "SEC. 5. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act." [H.R. 6237, 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, prehistorical, historical, and archeological data (including relics and specimens) which might otherwise be irreparably lost or destroyed 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. |