Regulatory Compliance

The UXO industry is spoken of in terms of acronyms.  However, regulatory acronyms such as NHPA, NEPA, ARPA, and NAGPRA are often overlooked or cause anxiety.  ACR is well-versed in cultural resource laws and agency-specific guidelines.

Most projects completed with federal involvement must comply with the National Historic Preservation Act of 1966 (NHPA).  The NHPA was passed into law to mandate the federal consideration of cultural resources. The NHPA and its implementing codes are very well known within most ground-disturbing industries who work frequently with Federal property, funds, licenses, or permits. It is the job of the contractor to ensure that their product reflects compliance with federal regulations, and agency representatives are often present to document compliance. Section 106 of the NHPA, 16 U.S.C. 470f — Advisory Council on Historic Preservation, Comment on Federal Undertakings, is listed below (note that the “National Register” refers to the National Register of Historic places or NRHP):

The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.

In other words, for any project where federal monies are involved, historic properties must be taken into account. It does not mandate preservation, so historic munitions can still be demolished. However, these artifact munitions may still need to be recorded.

Another piece of legislation, 36CFR800 — Protection of Historic Properties, establishes the processes for consultation, and mechanisms for mitigation of adverse effects to properties eligible for inclusion in the NRHP. The consultation process seeks to accommodate historic preservation concerns while achieving the needs of Federal undertakings.

Other laws and guidelines typically associated with federal projects include:

  • National Environmental Policy Act (NEPA)

  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

  • Archaeological Resource Protection Act(ARPA)

  • Native American Graves Protection and Repatriation Act (ARPA)

  • American Indian Religious Freedom Act (NIRFA)

Whatever federal or state regulations apply regarding cultural resources for your undertaking, ACR can assist you from the start of project planning to a finding of no further work required for the site. ACR’s mission is to help contractors and agencies stay in compliance without sacrificing efficiency, ability to meet deadlines, or safety.