Gulf Coast cultural resources protection

In response to the Gulf Coast Oil Spill Disaster, the National Parks Service's Cultural Resources Geographic Information System Facility (CRGIS) provides an interactive map showing at-risk sites within the affected area as well as other pertinent information. According to their web site, "certain sensitive sites, such as archeological sites, are not displayed."

In addition, among the many laws that come into play in this situation there are two key federal statutes that cover cultural heritage and archaeological resources:

1. The Park System Resource Protection Act.
The National Park Service has responsibility for on-land and undersea cultural heritage sites that are on federal park land, pursuant to the Public Law 101-337, Park System Resource Protection Act (Title 16 U.S.C.19jj). This is the principal statute that requires the Secretary of the Interior to assess and monitor injuries to park system resources. The Act specifically allows the Secretary of the Interior to recover response costs and damages from the responsible party causing the destruction, loss of or injury to any cultural heritage or archaeological or historic site that is on National Park Service land or within the boundary of a NPS undersea resource. This Act provides that any monies recovered by the NPS may be used to reimburse the costs of response and damage assessment and to restore, replace or acquire the equivalent of the injured resources.

2. NMSA
The National Oceanic and Atmospheric Administration (NOAA) has responsibility for undersea resources at National Marine Sanctuaries (sometimes that jurisdiction may overlap with NPS, most of the time there is no overlap) pursuant to the National Marine Sanctuaries Act (Title 16 U.S.C. 1431 et seq). This is the principal statute governing the designation and management of protected marine areas of special significance (including historical, cultural, archaeological and scientific resources). The statute requires NOAA to designate National Marine Sanctuaries in accordance with specific guidelines and to develop and review management plans for these sites. It provides for the continuation of existing leases, licenses and other established rights in sanctuary areas, and for the development of research and education programs. The statute also prohibits destruction, injury or loss of sanctuary resources, and establishes liability for response costs and natural resource damages for injury to these resources. The NMSA was formerly referred to as Title III of the Marine Protection, Research and Sanctuaries Act of 1972.

Federal jurisdiction extends from the shoreline to the edge of the U.S.EEZ (Exclusive Economic Zone). According to usgs.gov "The EEZ extends up to 200 nautical miles (370 km) from the U.S. coastline. About 15 percent of this area lies on the geologic continental shelf and is shallower than 200 meters. Within its EEZ, the U.S. has sovereign rights over all living and non-living resources."

The laws are in place. What's next?

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