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6 Puerto Rico Peter E. Siegel Introduction Puerto Rico is the easternmost island of the Greater Antilles and includes Vieques, Culebra, and Mona Islands within its jurisdiction. Politically, the island is considered a commonwealth of the United States. Antiquities on Puerto Rico potentially may be protected by U.S. federal law or local commonwealth law,depending on such factors as land ownership,sources of project funding,and which agencies need to issue permits.If a construction project receives federal funds, is located on federal land, or is required to obtain a federal permit then U.S. historic preservation laws are executed. Historic preservation law in the United States has a long history, which is too extensive to review here.A number of excellent sources detail this history (Barkan and Bush 2003;Bell 1985;Hutt et al.2004;King 2000,2002,2004,2005;Neumann and Sanford 2001; Parker 1985). Implementing legislation most relevant today was approved by Congress on October 15,1966,and over the years has been amended numerous times,most recently in 2006.Key phrases in the National Historic Preservation Act (NHPA) include: (1) the spirit and direction of the Nation are founded upon and reflected in its historic heritage; (2) the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people;...(4) the preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational , aesthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans [National Historic Preservation Act 1966]. There is a balance that needs to be maintained between societal needs related to development and societal needs related to historic preservation. In Puerto Rico / 47 the United States, legislation has been enacted at the federal, state, and local levels that requires or recommends that historic resources be considered in the planning stages of projects. In the language of heritage management at the federal level, any project, activity, or program is called an “undertaking” if it (a) receives federal funding, (b) is required to obtain a federal permit, or (c) will take place on federal land, and which will have an impact on the landscape or more specifically may “result in changes in the character or use of historic properties” (Advisory Council on Historic Preservation 1966:36 CFR Part 800, Subpart A, 800.2 Definition o). “Historic property” is defined as “any prehistoric or historic district, site, building structure, or object included in, or eligible for inclusion in, the National Register [of Historic Places] . . . maintained by the Secretary of the Interior” (Advisory Council on Historic Preservation 1966: 36 CFR Part 800, Subpart A, 800.2 Definitions e and k).Every state,territory,and commonwealth in the United States has an agency called the State Historic Preservation Office (SHPO). Each SHPO receives funding from the National Park Service (NPS), an agency within the U.S. Department of the Interior (DOI). As such, SHPOs are responsible for commenting on work performed within the framework of federal historic preservation law. SHPOs have no power to assure compliance with preservation law; that power sits squarely with the lead federal agency. Federal legislation that is most applicable to archaeological sites is presented in Section 106 of the NHPA. 36 CFR Part 800.1:Purposes of Section 106 The authority of Section 106 is clarified in 36 CFR Part 800, Subpart A, titled Background and Policy: “Section 106 of the National Historic Preservation Act requires a Federal agency head with jurisdiction over a Federal, federally assisted, or federally licensed undertaking to take into account the effects of the agency’s undertaking on properties included in or eligible for the National Register of Historic Places and, prior to approval of an undertaking ,to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking.” In a nutshell for archaeology, this sentence states that once a project has been identified as a federal undertaking then the lead federal agency or its designee or an applicant requiring a federal permit must identify and evaluate archaeological sites within a defined area of potential effects (APE). An APE is defined as “the geographic area or areas within which an undertaking may cause changes in the character or use of historic properties, if any such properties exist” (Advisory Council on Historic Preservation 1966:36 CFR Part 800, Subpart A, 800.2 Definition...

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