In response to increasing concerns over the looting of cultural resources, including sites containing human remains and funerary objects, legislation and codes have been enacted by Federal, state, and tribal governments to help protect these areas. The Tribal Historic Preservation Office has been charged with the application and interpretation of these laws to ensure outside agency compliance, and through government to government consultation, works to preserve the Tribe’s cultural heritage.
Seminole Tribe of Florida's Cultural Resource Ordinance, 2013
Our CRO was enacted on October 11th of 2013 through a unanimous vote by the Seminole Tribe of Florida's Tribal Council. The CRO creates a framework whereby the Seminole Tribe is in charge of the identification, determination, and disposition of all cultural resources within reservation lands. Enactment of the ordinance serves to improve long term tribal planning and develoment, preservation of the Tribe's cultural heritage, and the protection of cultural resources and historic property both on andoff the reservations.
The Antiquities Act of 1906
The Antiquities Act of 1906 was officially the first legislation in the United States aimed at preserving America’s historic sites on federal land. The Act prompted the survey and protection of historic sites throughout the country, and imposed stiff penalties for destroying sites owned by the federal government.
The National Historic Preservation Act (NHPA) of 1966
The NHPA changed the face of preservation in American society. It established the National Register of Historic Places, State Historic Preservation Offices (SHPOs), the Advisory Council on Historic Preservation, and the Section 106 review process. The Act was amended in 1992 to set up Tribal Historic Preservation Offices (THPO), granting them the same roles and responsibilities of a SHPO.
Section 106 of the National Historic Preservation Act
The Section 106 review process gives a tribe the opportunity to alert the federal government to the historic properties they value and influence decisions about projects that affect them. In the NHPA Congress established a comprehensive program to preserve the historical and cultural foundations of the nation as a living part of community life. Section 106 of the NHPA is crucial to that program because it requires consideration of historic preservation in the multitude of projects with federal involvement that take place across the nation every day. Section 106 requires federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties. The regulations of Section 106 are published in the Code of Federal Regulations at 36 CFR Part 800, “Protection of Historic Properties,” and can be found on the Advisory Council on Historic Preservation’s web site. Federal agencies are responsible for initiating Section 106 review, most of which takes place between the agency and state and tribal or Native Hawaiian organization officials. The Tribal and State Historic Preservation consult with agencies during Section 106 review.
Archaeological Resources Protection Act (ARPA) of 1979
ARPA defines archaeological resources as “any material remains of past human life or activities that are of archaeological interest” and requires permits before excavating and removing any of these resources on public and tribal lands.
Native American Graves Protection and Repatriation Act (NAGPRA) of 1990
NAGPRA is a federal law that was passed in 1990 to provide a process for museums and federal agencies to return certain Native American cultural items -- human remains, funerary objects, sacred objects, or objects of cultural patrimony -- to lineal descendants, and culturally affiliated Indian tribes and Native Hawaiian organizations. The Seminole Tribe of Florida’s THPO has established a NAGPRA Review Committee to work with museums and federal agencies for the return of cultural items.
Chapter 872.05-- Unmarked Human Burials (Florida Statutes, Title XLVI, Offenses Concerning Dead Bodies and Graves)
The intent of Chapter 872 is that all human burials and human skeletal remains be accorded equal treatment and respect based upon common human dignity without reference to ethnic origin, cultural background, or religious affiliation. 872.05 applies to all human burials, human skeletal remains, and associated burial artifacts not otherwise protected under chapter 497 or other state law and found upon or without any public or private land in the state, including submerged lands.