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Cultural Resource Management

Cultural Resource Management. An Introduction to Federal Heritage Preservation and the Law. What are cultural resources?. Archaeological sites. Historic sites, buildings, and structures.

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Cultural Resource Management

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  1. Cultural Resource Management An Introduction to Federal Heritage Preservation and the Law

  2. What are cultural resources? • Archaeological sites. • Historic sites, buildings, and structures. • Traditional cultural properties, which include such resources as traditional resource gathering areas, sacred sites. • Historic landscapes and viewsheds. • Museum collections and historical documents • Community values.

  3. Why do cultural resources need to be “managed?” • Population growth and expansion • Significant land-altering projects that result from the above (housing tracts, shopping malls, highways, dams and reservoirs, extractive industries). • Urban renewal projects (“Tear that ugly old building down!”). • Willful (or sometimes unintentional) destruction of such resources (“pothunting,” bottle hunting, relic collecting, using historic structures for firewood, etc.).

  4. Where does one find cultural resources? • Anywhere there has been human activity of any sort that leaves some type of physical evidence. • Cultural resources can be as close as next door!

  5. How, and under what authorities, are cultural resources managed? • Cultural resources specialists (heritage managers, preservationists, preservation program managers) working for federal or state agencies. • Contract archaeologists, architectural historians, and historians. • Local, non-profit organizations (historical societies, museums, etc.)

  6. Federal Authorities that address cultural resources • The National Historic Preservation Act of 1966 (NHPA) • The Historic Sites Act • Executive Order 13006 • Section 4(f) of the Department of Transportation Act • The Antiquities Act of 1906 • The Archaeological Resources Protection Act of 1979 (Amended 1984).

  7. But wait, there’s more! • The Archaeological Data Preservation Act of 1974 • The Abandon Shipwreck Act • The American Indian Religious Freedom Act (AIRFA) • Executive Order 13007 (Indian Sacred Sites) • Native American Grave Protection and Repatriation Act of 1990

  8. A Short History of Preservation Law in the U.S. • 1800: Congress appropriates $5,000 to buy books to begin Library of Congress. • 1906: Congressional approval of the Antiquities Act that made it unlawful to excavate sites on federal lands. • 1916: National Park Service (NPS) created; management of historic battlefields now its resposibility.

  9. More history. . . • 1935: The Historic Sites Act allows for acquisition and documentation of important historic resources. • 1949: The formation of the National Trust for Historic Preservation, a private sector, non-profit preservation organization, conceived in part by NPS historians. • 1960: Reservoir Salvage Act allows for “salvage archaeology” and documentation of historic neighborhoods by NPS and the Smithsonian.

  10. Even more history. . . • 1966: National Historic Preservation Act born out of concerns over Kennedy’s Urban Renewal Program and Lady Bird Johnson’s “beautification” program. • 1969: National Environmental Policy Act (NEPA) created, favoring environmental protection. • 1972: Executive Order 11593, directing Feds to recognize “eligible” properties under NHPA. • 1974: Moss-Bennett Act (Archaeological Data Protection Act) expands RSA scope with Feds.

  11. You guessed it. . . • 1978: American Indian Religious Freedom Act enacted. • 1979: Archaeological Resources Protection Act passed after Antiquities Act declared “constitutionally vague.” • 1980: NHPA amended, including Section 110. • 1984: ARPA amended to change site damage from “$5,000.00” to “$500.00.”

  12. Eh, huh. . . • 1990: Native American Grave Protection and Repatriation Act—poorly written, and confusing to everyone (what the hell is “cultural patrimony?”). • 1992: NHPA amended again to provide for assistance for tribal preservation programs.

  13. NHPA and the “Holy Trinity of Historic Preservation.” • National Historic Preservation Act created to document “historic properties” by creating the National Register of Historic Places (NRHP). • Federal agencies become responsible for identifying and nominating properties to the NRHP. • NHPA further creates system of checks-and-balances to make certain Feds comply with law and take into consideration the needs and desires of individual states.

  14. The Trinity • State Historic Preservation Offices (SHPOs). • The Federal Agencies (The Feds). • The Advisory Council on Historic Preservation (ACHP).

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