The Antiquities Act of 1906 provides for the protection of
historic, prehistoric, and scientific features located on federal lands. It
authorizes the President to designate as National Monuments historic and natural
resources of national significance located on federally owned or controlled
land. The Secretaries of the Interior, Agriculture and Defense are authorized
to issue permits for archaeological investigations on lands under their control
to recognized educational and scientific institutions for the purpose of systematically
and professionally gathering data of scientific value.
The National Park Service Act of 1916 establishes the National
Park Service to manage our nation's parks and to "conserve the scenery and the
natural and historic objects and the wild life therein and to provide for the
enjoyment of the same in such a manner and by such a means as will leave them
unimpaired for the enjoyment of future generations."
The National Historic Preservation Act of 1966, as amended
establishes a program for the preservation of historic properties throughout
the United States. It created the National Register of Historic Places, State
Historic Preservation Offices and the Section 106 Review Process.
The Historic Sites Act of 1935 establishes as a national policy
to preservation for public use of historic sites, buildings and objects. This
act led to the eventual establishment within the National Park Service of the
Historic Sites Survey, the Historic American Building Survey (HABS), the Historic
American Engineering Record (HAER), and the National Historic Landmarks Program.
The Reservoir Salvage Act of 1960 provides for the recovery
and preservation of "historical and archaeological data (including relics and
specimens)" that might be lost or destroyed in the construction of dams and
The Department of Transportation Act of 1966, Section 4(f)
states that the Secretary of Transportation shall cooperate and consult with
the Secretaries of the Interior, Housing and Urban Development, and Agriculture,
and with the States in developing transportation plans and programs that include
measures to maintain or enhance the natural beauty of the lands traversed. The
Secretary of Transportation shall not approve any program or project that requires
the use of land from a public park, recreation area, wildlife and waterfowl
refuge, or historic site unless there is no feasible and prudent alternative.
The National Environmental Policy Act of 1969 declares that
it is a federal policy to "preserve important historic, cultural, and natural
aspects of our national heritage. It requires federal agencies to use a systematic
and interdisciplinary approach that incorporates the natural and social sciences
in any planning and decisionmaking that may impact our environment.
The Archaeological and Historic Preservation Act of 1974 amends
the 1960 Reservoir Salvage Act by providing for the preservation of significant
scientific, prehistoric, historic and archaeological materials and data that
might be lost or destroyed as a result of flooding, the construction of access
roads, relocation of railroads and highways, or any other federally funded activity
that is associated with the construction of a dam or reservoir.
The Tax Reform Act of 1976 provides tax incentives to encourage
the preservation of commercial historic structures. Amended many times since
its original passage, the current law provides for a 20 percent federal income
tax credit on monies used in the rehabilitation of commercial, agricultural,
industrial, or rental buildings that are certified as historic properties.
The American Indian Religious Freedom Act of 1978 states that
it is a policy of the United States to protect and preserve for American Indians
their inherent right of freedom to believe, express, and exercise the traditional
religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including
but not limited to access to sites, use and possession of sacred objects, and
the freedom to worship through ceremonial and traditional rites.
The Archaeological Resources Protection Act of 1979 defines
archaeological resources as any material remains of past human life or activities
that are of archaeological interest and at least 100 years old, requires federal
permits for their excavation or removal and sets penalties for violators.
The Abandoned Shipwreck Act of 1987 asserts United States
Government ownership of three categories of abandoned shipwrecks: those embedded
in a state's submerged lands; those embedded in coral formations that are protected
by a state; and those located on a state's lands that are included or are eligible
for inclusion in the National Register of Historic Places. The law then transfers
title for most of the shipwrecks to the respective states and stipulates that
states develop policies to protect the shipwrecks.
The Native American Graves Protection and Repatriation Act of 1990
gives ownership and control of Native American human remains, funerary objects,
sacred objects and objects of cultural patrimony that are excavated or discovered
on federal land to federally recognized American Indian tribes or Native Hawaiian
organizations. The law also establishes criminal penalties for trafficking in
human remains or cultural objects, and requires agencies and museums that receive
federal funding to inventory those items in their possession, identify the descendants
of and repatriate those items.
Executive Order 13007, Indian Sacred Sites instructs all federal
land management agencies, to the extent practicable, to accommodate access to
and ceremonial use of Indian sacred sites by Indian practitioners and to avoid
adversely affecting the physical integrity of those sacred sites.
The Historic Preservation Section creates the State Historic Preservation Office within the Division of Culture and History and grants to it a number of duties, including the ability to locate, survey, investigate, register, identify, preserve and protect historic, architectural, archaeological and cultural sites, structures and objects worthy of preservation. It also gives the section the ability to review all undertakings permitted, funded, licensed or otherwise assisted by the state in order to protect historic resources.
Archaeology, Permits for Excavation requires a person to obtain
a permit from the Director of Natural Resources in order to excavate or remove
a historic or prehistoric ruin, burial ground, archaeological or paleontological
site, including saltpeter workings, relics or inscriptions, fossilized footprints,
bones or other such features that may be found in a cave.
Protection of Human and Skeletal Remains prohibits a person
from excavating, removing, destroying or disturbing any historic or prehistoric
ruin, burial ground, archaeological site or human skeletal remains, unmarked
grave, grave artifact or grave marker of historic significance without a valid
permit issued by the director of State Historic Preservation Office of the Division
of Culture and History.
Conservation and Preservation Easements authorizes any governmental body or qualified charitable, tax exempt organization to hold a conservation easement or a preservation easement. A conservation easement is a nonpossessory interest in real property for the purpose of retaining or protecting for public benefit the natural, scenic or open-space value of the property, including the preservation of its historical, architectural, archaeological or cultural aspects.
Protection of Historic and Prehistoric Sites prohibits the
disturbance or destruction, unless permitted by the State Historic Preservation
Office, of historic and prehistoric landmarks, sites and districts on lands
owned or leased by the state, or on private lands where the development rights
have been acquired by the state.
Credit for Qualified Rehabilitated Buildings Investment allows
a taxpayer to claim a credit against the state personal income tax equal to
20 percent of the money spent on qualified rehabilitations to owner-occupied
residential historic structures.
http://www.legis.state.wv.us/WVCODE/11/masterfrmFrm.htm (Chapter 11-21-8G)
Corporate Income Tax: Credit for Qualified Rehabilitated Buildings
Investment allows a taxpayer to claim a credit equal to 10 percent
of money spent on qualified rehabilitations to income producing historic buildings.
http://www.legis.state.wv.us/WVCODE/11/masterfrmFrm.htm (Chapter 11-21-8a)