DENIX
Policy & Legal

Policy & Legal

DoD & Military Services' Instruction

The DoD cultural resource management framework is directed by Department of Defense Instruction 4715.16, Cultural Resources Management (DoDI 4715.16).  The Instruction directs each of the DoD Components to manage and maintain cultural resources under their control in a sustainable manner through a comprehensive program  that considers the preservation of historic, archaeological, architectural, and cultural values; is mission supporting; and results in sound and responsible stewardship.. 

DoDI 4715.16: Cultural Resources Management pdf [142 KB]

This Instruction establishes DoD policy and assigns responsibilities under the authority of DoD Directive (DoDD) 5134.01 (Reference (a)) and in accordance with DoDD 4715.1E (Reference (b)) to comply with applicable Federal statutory and regulatory requirements, Executive orders (E.O.s), and Presidential memorandums for the integrated management of cultural resources on DoD-managed lands.

Army Regulation 200-1, Environmental Protection and Enhancement
SECNAV Instruction 4000.35A (Applicable to the USMC), Department of the Navy Cultural Resources Program
SECNAV Instruction 11010.14A (Applicable to the USMC), Department of the Navy Policy for Consultation with Federally Recognized Indian Tribes
OPNAV Instruction 5090.1D (Not Applicable to the USMC), Environmental Readiness Program
Marine Corps Environmental Compliance and Protection Manual (MCO P5090.2A, Change 3) Chapter 8 Cultural Resources
Air Force Instruction 32-7065, Cultural Resources Management

Federal Law, Regulations, and Executive Orders

National Historic Preservation Act of 1966, as amended (NHPA)

The National Historic Preservation Act provides for the preservation of significant historic properties throughout the Nation.  It established the National Register of Historic Places and authorized the development of its criteria for nomination.  The Act provided for the designation and appointment by Governors of the State Historic Preservation Officers and State Review Boards to evaluate National Register nominations. The NHPA established the Advisory Council on Historic Preservation, to advise the President and Congress on matters relating to historic preservation and to comment on Federal agency compliance with Section 106 of the Act.  The “Section 106 process” instructions Federal agencies that prior to carrying out, approving financial assistance for, or issuing a permit for any undertaking or project, the Federal agency must take into account the effect of their undertakings on historic properties.  The Act also created the Historic Preservation Fund to assist states, local, and tribal governments with carrying out their roles in furthering historic preservation. Additionally, the Secretary of the Interior set forth guidelines to assist Federal agencies in meeting preservation planning requirements of the NHPA.

Native American Graves Protection and Repatriation Act of 1990, as amended (NAGPRA)

The Federal agency must review their cultural resources collections for any items subject to the Act, consult with tribes about those items, determine cultural affiliations, and repatriate such items to Native Americans, Native Hawaiian organizations and/or individuals.

Archaeological Resources Protection Act of 1979, as amended (ARPA)

The Federal agency can prosecute illegitimate archaeological investigation, and the looting, vandalizing, and trafficking of archaeological resources in the United States or internationally.  The Federal agency must establish a program to increase public awareness of the significance of the archaeological resources, and recognize archaeological resources as irreplaceable.  The Federal agency must plan and schedule archeological surveys of the lands under its management.

National Environmental Policy Act of 1969, as amended (NEPA)

The Act encourages productive and enjoyable harmony between man and his environment; promotes efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; enriches the understanding of the ecological systems and natural resources important to the Nation; and establishes a Council on Environmental Quality.  The Federal agency must address historic and cultural resources within the following sections of the Environmental Assessment or Environmental Impact Statement: definition of effects, affected environment, and environmental consequences.

Curation of Federally Owned and Administered Archeological Collections of 1990 (36 CFR Part 79)

The Federal agency must ensure that existing collections subject to the act are being properly managed and preserved.  The Federal agency must maintain identification and administrative records on the disposition of each collection.  The Federal agency must ensure that the collection is made available for scientific, educational and religious uses.

DoD Response to Executive Order 13287 - Preserve America - 2004 pdf [870 KB]
FY2011-2013 DoD Section 3 Report pdf [410 KB]

Department of Defense Response to Executive Order 13287, “Preserve America,” Section 3: Reporting Progress on the Identification, Protection, and Use of Federal Historic Properties

Improving Federal Agency Planning and Accountability: Reporting Progress on the Identification, Protection, and Use of Federal Historic Properties - 2008, DoD pdf [213 KB]

This report satisfies the requirements of Section 3(c) of Executive Order (EO) 13287, Preserve America for the Department of Defense (DoD). The Preserve America EO mandates that all Federal agencies with real property management responsibilities submit reports on their progress in identifying, protecting, and using historic properties in its ownership. This is a consolidated report for DoD, including information on the Departments of the Army, Navy and Air Force.

Progress Report on the Identification, Protection, and Use of Federal Historic Properties, 2008-2010 pdf [99 KB]

This report satisfies the requirements of Section 3(c) of Executive Order (EO) 13287, Preserve America for the Department of Defense (DoD). The Preserve America EO mandates that all Federal agencies with real property management responsibilities submit reports on their progress in identifying, protecting, and using historic properties in its ownership. This is a consolidated report for DoD, including information on the Departments of the Army, Navy and Air Force.

DoD Components

External Stakeholders

Internal Stakeholders