Document Type

Article

Disciplines

International Law

Abstract

"Cultural resource" and "heritage resource" are general terms informally, but frequently, used to refer to a wide range of archeological sites and collections, historic structures, museum objects, historic shipwrecks, documents, and traditional cultural places. In the United States, use of "cultural resource" as a term in the professional literature dates to the early 1970s when it began to be used by archeologists and historians in the National Park Service to denote a wide range of resource types.' More recently, the term "heritage resources" also has gained popularity as a general referent for this wide range of resources.2 The goal of this article is to summarize the federal legal and regulatory framework for cultural resources in the United States. As a summary, the information here will only introduce many of the issues related to cultural resources which are dealt with in more detail in various references cited in the footnotes.

Usually included under the terms "cultural resources" or "heritage resources" are "archaeological resources," as defined by the Archaeological Resources Protection Act and its regulations;3 "historic properties," as defined by the National Historic Preservation Act and its regulations;4 "abandoned historic shipwrecks", as defined in the Abandoned Shipwreck Act and its guidelines;5 and, "cultural items" as defined in the Native American Graves Protection and Repatriation Act and its regulations.6 Some may consider other properties, organic or inorganic resources, or even individuals with special attachments to American history, prehistory, or traditional cultures, as "cultural resources," even though these are not defined in statute or regulation. These terms, "cultural resources" or "heritage resources" may be convenient general terms, but for specific protections and appropriate treatments, the more specific statutory and regulatory terms and definitions are essential.

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