---
title: "Review a historic-property and cultural-items analysis for a federal undertaking"
url: "https://ailawframework.com/practice/planning-and-environment/draft-or-review-a-heritage-impact-statement-against-the-listing/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A12-T1-R7-US"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Review a historic-property and cultural-items analysis for a federal undertaking

> Index the draft against two questions: the effect of a federal or federally assisted or licensed undertaking on a historic property, and whether excavation of Native American cultural items on federal or tribal land is…

Canonical page: https://ailawframework.com/practice/planning-and-environment/draft-or-review-a-heritage-impact-statement-against-the-listing/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Planning & Environment](https://ailawframework.com/practice/planning-and-environment.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Index the draft against two questions: the effect of a federal or federally assisted or licensed undertaking on a historic property, and whether excavation of Native American cultural items on federal or tribal land is proposed. Write no conclusion. |
| What the lawyer must review | 54 USC section 306108 requires the head of a federal agency with jurisdiction over a federal or federally assisted undertaking, and the head of an agency that licenses an undertaking, to take into account the effect on any historic property before approving the expenditure or the licence, and to give the Advisory Council on Historic Preservation a reasonable opportunity to comment. "Historic property" in that section replaces the longer National Register phrase because of the definition in section 300308. Separately, 25 USC section 3002 gives an ownership order for Native American cultural items excavated or discovered on federal or tribal lands after 16 November 1990, and it permits intentional excavation or removal only if the conditions in subsection (c) are met. There is no Native Title Act equivalent. Do not import Australian cultural-heritage permit names. Opinion 512 and Model Rule 1.6: keep culturally sensitive material out of a public tool. |
| Written for | United States |
| Applies to | [Draft or review a heritage-impact statement against the listing](https://ailawframework.com/practice/planning-and-environment/draft-or-review-a-heritage-impact-statement-against-the-listing.md) |

## Checking plan

- What the AI does: Index the draft against two questions: the effect of a federal or federally assisted or licensed undertaking on a historic property, and whether excavation of Native American cultural items on federal or tribal land is proposed. Write no conclusion.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 106 and NAGPRA are different statutes. A project can raise one, both, or neither.
- Open section 300308 before you decide what "historic property" includes.

## Sources

- [54 USC section 306108 (effect of an undertaking on historic property)](https://www.law.cornell.edu/uscode/text/54/306108) (checked 2026-10-22)
- [25 USC section 3002 (ownership and excavation of Native American cultural items)](https://www.law.cornell.edu/uscode/text/25/3002) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*