DOW Policy & Instructions
DoDI 4715.16: Cultural Resources Management
The Department of War (DOW) cultural resources management framework is established in Department of Defense Instruction 4715.16, Cultural Resources Management (DoDI 4715.16). The Instruction directs each of the DOW Components to manage and maintain cultural resources under their control in a feasible manner through a comprehensive program that:
- Secures mission supporting;
- Manages historic, archaeological, architectural, and cultural resources to support the warfighter; and
- Demonstrates the strength of the military and is a tangible reminder to Service members of their shared purpose and unity.
This Instruction establishes DOW cultural resources policy and assigns responsibilities under the authority of DOD Directive (DoDD) 5134.01 and in accordance with DoDD.1E to comply with applicable Federal statutory and regulatory requirements, Executive orders, and Presidential memorandums for the integrated management of cultural resources on DOW-managed lands. WHS published an updated version of DoDI 4715.16, called “Change 2,” dated August 31, 2018.
The Historic Preservation Training memorandum signed out by the Deputy Assistant Secretary of Defense (Environment & Energy Resilience) emphasizes the importance of training installation personnel to ensure that compliance requirements are met in a timely, cost-effective manner and Service members and their families have suitable housing and work environments. The memo fulfills requirements from Government Accountability Office (GAO) Report No. GAO-19-335, “Defense Infrastructure: Additional Actions Could Enhance DoD’s Efforts to Identify, Evaluate, and Preserve Historic Properties.
This 2022 memorandum signed out by the Deputy Assistant Secretary of Defense (Environment & Energy Resilience) clarifies policy on sharing Controlled Unclassified Information (CUI) during National Historic Preservation Act consultation.
This 2017 memorandum signed out by the former Deputy Assistant Secretary of Defense (Environment, Safety and Occupational Health) (DASD(ESOH)) relates to the 2016 National Park Service memorandum on Historic American Buildings Survey/Historic American Engineering Record/Historic American Landscapes Survey (HABS/HAER/HALS). The 2017 ODASD(ESOH) memo states that DoD Components may produce HABS/HAER/HALS documentation for mitigation under Section 106 but are not required to do so.
Federal Law, Regulations, and Executive Orders
National Historic Preservation Act of 1966, as amended
The National Historic Preservation Act (NHPA) provides management techniques for significant historic properties throughout the Nation. The NHPA established:
- The National Register of Historic Places (NRHP) and authorized the development of its criteria for nomination.
- State Historic Preservation Officers (SHPO) and State Review Boards by State Governors to evaluate National Register nominations.
- The “Section 106 process” which instructs Federal agencies that prior to carrying out, approving financial assistance for, or issuing a permit for any undertaking or project, the Federal agency must consider the effect of its undertakings on historic properties.
- The Advisory Council on Historic Preservation (ACHP) to advise the President and Congress on matters relating to historic preservation and to comment on Federal agency compliance with Section 106 of the NHPA.
- The Historic Preservation Fund to assist States and local and tribal governments with carrying out their roles in furthering historic preservation.
- Secretary of the Interior guidelines to assist Federal agencies in meeting preservation planning requirements
Native American Graves Protection and Repatriation Act of 1990, as amended
The Native American Graves Protection and Repatriation Act (NAGPRA) provides a process for museums and Federal agencies to return certain Native American cultural items, including human remains, funerary objects, sacred objects, or objects of cultural patrimony, to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organizations. Under NAGPRA, Federal agencies review their cultural resources collections and consult with tribes to determine cultural affiliations and repatriate as appropriate.
Archaeological Resources Protection Act of 1979, as amended
The Archaeological Resources Protection Act (ARPA) protects archaeological resources and sites on public and Indian lands. The ARPA provides Federal agencies with certain authorities to protect archaeological resources and prosecute looters, while also requiring land-managing agencies to plan for and manage archaeological resources.
Curation of Federally Owned and Administered Archeological Collections of 1990 (36 CFR Part 79)
The regulations in this part establish definitions, standards, procedures, and guidelines for Federal agencies to preserve collections of prehistoric and historic material remains and associated records recovered under the authority of the Antiquities Act, the Reservoir Salvage Act, Section 110 of the National Historic Preservation Act, or the Archaeological Resources Protection Act. Under these regulations, Federal agencies ensure that existing archaeological collections are properly managed and preserved. Agencies maintain identification of and administrative records on the disposition of each collection and ensure that collections are made available for scientific, educational, and religious uses.
Executive Order 13287-Preserve America-March 3, 2003
This Executive Order states that it is the policy of the Federal Government to
- Provide leadership in preserving America’s heritage by actively advancing the protection, enhancement, and contemporary use of Federal historic properties and
- Promote intergovernmental cooperation and partnerships for the preservation and use of historic properties.