Cultural Resource Management

1. Cultural Resource Management Preservation and Protection Identification and Management Mitigation Repatriation Archaeological Ethics-ROPA and SAA

2. Preservation and Protection • Antiquities Act 1906 • Archaeological Resources Protection Act 1979

3. Antiquities Act of 1906 • Allows President of the US to declare historic landmarks, historic and prehistoric structures, and other significant objects to be national monuments. • Secretary of Interior can make rules and regulations for this act.

4. Archaeological Resources Protection Act (ARPA) 1979 • Provides for permitting process to excavate sites. • Prohibits: • Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources. • Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law. • Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law.

5. ARPA Penalties • Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in law will, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both. • Provided, however, that if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. • In the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000, or imprisoned not more than five years, or both.

6. ARPA Violations Plastic protects the evidence of looting at Vicksburg National Military Park, where Civil War relic hunters excavated numerous holes causing wide spread damage to sensitive archeological sites.

7. The mound was an 1 ,800-year-old burial and ceremonial site of the Hopewell culture, which contained literally thousands of artifacts made of silver, copper, wood, leather, flint, obsidian, mica, pearl, shell, bone, and drilled and inlaid bear teeth. This particular mound also contained burnt and un-burnt human bones of at least three individuals. One of the principal deposits was first exposed by Way while operating his bulldozer in connection with a nearby Federally sponsored highway construction project. Rather than notify authorities, as was required by law, Way removed hundreds of artifacts and transported them to his home in Illinois. Shortly thereafter, Way sold these artifacts to Gerber for $6,000.00 in cash, and in addition agreed to lead Gerber back to the site. Upon locating the site, Gerber hired Glover and Towery to help him further loot the site while he took photographs and kept track of artifacts being removed. Some of the artifacts that were removed by these three men were later sold at the August, 1988, Owensboro, Kentucky, "Show of Shows." To date, the FBI has recovered nearly 3,000 artifacts looted from the burial mound, including copper and silver ear spools, silver "panpipe" musical instruments, copper axe-heads, or "celts," pearls, beads and blades made of obsidian, flint, and clear quartz. GE® Case

8. Criminal Charges • On July 9, 1992, Deborah J. Daniels, U. S. Attorney for the Southern District of Indiana, announced the sentencing of four men in connection with the looting of a Hopewell burial mound located on General Electric (GE) property near Mount Vernon, Indiana. • On July 8, 1992, U.S. District Judge Gene F. Brooks sentenced Arthur J. Gerber to one year in prison, a fine of $5,000, and forfeiture of the further sum of $4,750 in lieu of his motor vehicles, which were used in looting the site. • He also will be placed on supervised release for 3 years following his prison tem. During this supervised release, Gerber will not be permitted to attend or promote archeological exhibitions at which artifacts are bought or sold, nor can he engage in artifact transactions. • The other three men: Way, Glover and Towery, were sentenced to two years probation, 6 months of work release, and fined $2,000.

9. Identification and Management • Historic Sites Act 1935 • National Historic Preservation Act 1966

10. Historic Sites Act of 1935 • This Act declares it a federal policy to preserve historic and prehistoric areas of national significance and establishes the National Historic Landmarks program. • It also empowers the Secretary of the Interior to "secure, collate, and preserve drawings, plans, photographs, and other data of historic and archeological sites, buildings, and objects." • The passage of the Historic Sites Act also formalizes National Park Service programs involved in salvage archeology, programs that were designed to put many people to work during the Great Depression (Childs and Corcoran 2000).

11. A cow examines an archeological excavation undertaken at Appomatox Court House National Historic Park prior to park improvements.

12. National Historic Preservation Act (NHPA), 1966 • Creates National Register of Historic Resource: • Districts, sites, buildings, structures and other significant objects. • Established State Historic Preservation offices. • Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effects of their undertakings on historic properties and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. • Significance is determined when • Association with historic events • Important persons • Distinctive design of physical characteristics • Potential to provide important information about history or prehistory

13. How do you know it is Significant? • Is an isolated projectile point significant? • Is every house where “so and so slept here” significant? Who’s that? Ezekial Jones slept here

14. Mitigation • Reservoir Salvage Act 1960 • Archaeological and Historic Preservation Act 1974 • Abandoned Shipwreck Act of 1987

15. Reservoir Salvage Act, 1960 • For the preservation of historic and archaeological data which could be lost due to dam construction. • Prior to construction, Secretary of Interior must be notified of dam site, survey for archaeological and historic materials must be conducted. • If data exists, has significance and should be preserved, and feasible to collect the archaeological excavation.

16. Salvage archeology being conducted 1930s during dam construction.

17. Archaeological & Historic Preservation Act (AHPA), 1974 • Updates Reservoir Salvage Act of 1960, to preservation archaeological and historic data that would otherwise be lost through all federal construction or other federally licensed or assisted activities. • Federal agencies must notify Secretary of Interior if activities will affect resources, the agency must then mitigate the impact. • Funding is provided either by the agency or with Interior funds as long as it does not exceed 1% of the funds available for the purpose, also provides for preservation as well as excavation. • i.e. a 100,000,000 dollar highway project could spend 1,000,000 on archaeology!

18. Abandoned Shipwreck Act of 1987 • Under the Abandoned Shipwreck Act, the U.S. Government asserted title to three categories of abandoned shipwrecks: abandoned shipwrecks embedded in a State's submerged lands; abandoned shipwrecks embedded in coralline formations protected by a State on its submerged lands; and abandoned shipwrecks located on a State's submerged lands and included in or determined eligible for inclusion in the National Register of Historic Places. • The Act directed the National Park Service to prepare guidelines to assist States and Federal agencies in developing legislation and regulations to carry out their responsibilities under the Act. In accordance with the Act, the guidelines are intended to maximize the enhancement of cultural resources; foster a partnership among sport divers, fishermen, archeologists, salvors, and other interests to manage shipwreck resources of the States and the United States; facilitate access and utilization by recreational interests; and recognize the interests of individuals and groups engaged in shipwreck discovery and salvage.

19. Artifact submerged in the waters of Dry Tortugas National Park, Florida.

20. Repatriation/Native Issues • Native American Graves Protection and Repatriation Act 1990 • Sacred Lands Act 2002

21. Native American Graves Protection and Repatriation Act (NAGPRA), 1990 • Defines and directs the protection of Native American graves that could be impacted due to construction, and provides for reburial of previously excavated remains. • Definitions: • cultural affiliation-relationship of shared group identity which can be reasonably traced. • associated funerary objects-objects placed with remains during death rites. • sacred objects-objects important to religious practice. • tribal patrimony-objects associated with Native American groups, not belonging to individual. • Right or possession-possession assigned to closely related cultural group, unless group ties cannot be proven.

22. Ownership • Lineal descendants of the Native American • Owners of associated tribal land • Aboriginal tribe of associated federal land • Tribe of strongest demonstrated relationship

23. What do we do with Kennewick Man? • Should he be returned to Native Americans? • If so, what group? • Should scientists have the opportunity to study Kennewick Man? • What should archaeologist do about future finds of this age?

24. Native American Sacred Lands Act of 2002 • A bill to protect sacred Native American Federal lands from significant damage. • Introduced in the U.S. House on July 18, 2002 by Rep. Nick Rahall, D-W.Va., and Rep. Dale Kildee, D-Mich • Bill is currently in the House Resources Committee, awaiting executive comment from the Department of the Interior.

25. Provisions • Federal lands shall be designated unsuitable for any or certain types of undertakings if the head of the department or agency with administrative jurisdiction over that Federal land decides, in accordance with this section, that by a preponderance of the evidence the undertaking is likely to cause significant damage to Indian sacred lands. • Each department or agency of the United States with administrative jurisdiction over the management of Federal lands shall -- • (1) accommodate access to and ceremonial use of Indian sacred lands by Indian religious practitioners; • (2) avoid significant damage to Indian sacred lands; and • (3) consult with Indian tribes and Native Hawaiian organizations prior to taking significant actions or developing policies affecting Native American sacred lands.

26. ROPA Code of Ethics: The Archaeologist's Responsibility to the Public • Archaeology is a profession, and the privilege of professional practice requires professional morality and professional responsibility, as well as professional competence, on the part of each practitioner. • An archaeologist shall: • Recognize a commitment to represent Archaeology and its research results to the public in a responsible manner; • Actively support conservation of the archaeological resource base; • Be sensitive to, and respect the legitimate concerns of, groups whose culture histories are the subjects of archaeological investigations; • Avoid and discourage exaggerated, misleading, or unwarranted statements about archaeological matters that might induce others to engage in unethical or illegal activity; • Support and comply with the terms of the UNESCO Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property, as adopted by the General Conference, 14 November 1970, Paris. • An archaeologist shall not: • Engage in any illegal or unethical conduct involving archaeological matters or knowingly permit the use of his/her name in support of any illegal or unethical activity involving archaeological matters; • Give a professional opinion, make a public report, or give legal testimony involving archaeological matters without being as thoroughly informed as might reasonably be expected; • Engage in conduct involving dishonesty, fraud, deceit or misrepresentation about archaeological matters; • Undertake any research that affects the archaeological resource base for which she/he is not qualified.

27. The Archaeologist's Responsibility to Colleagues, Employees, and Students • An archaeologist shall: • Give appropriate credit for work done by others; • Stay informed and knowledgeable about developments in her/his field or fields of specialization; • Accurately, and without undue delay, prepare and properly disseminate a description of research done and its results; • Communicate and cooperate with colleagues having common professional interests; • Give due respect to colleagues' interests in, and rights to, information about sites, areas, collections, or data where there is a mutual active or potentially active research concern; • Know and comply with all federal, state, and local laws, ordinances, and regulations applicable to her/his archaeological research and activities; • Report knowledge of violations of this Code to proper authorities. • Honor and comply with the spirit and letter of the Register of Professional Archaeologist's Disciplinary Procedures. • An archaeologist shall not: • Falsely or maliciously attempt to injure the reputation of another archaeologist; • Commit plagiarism in oral or written communication; • Undertake research that affects the archaeological resource base unless reasonably prompt, appropriate analysis and reporting can be expected; • Refuse a reasonable request from a qualified colleague for research data; • Submit a false or misleading application for registration by the Register of Professional Archaeologists.

28. The Archaeologist's Responsibility to Employers and Clients • An archaeologist shall: • Respect the interests of her/his employer or client, so far as is consistent with the public welfare and this Code and Standards; • Refuse to comply with any request or demand of an employer or client which conflicts with the Code and Standards; • Recommend to employers or clients the employment of other archaeologists or other expert consultants upon encountering archaeological problems beyond her/his own competence; • Exercise reasonable care to prevent her/his employees, colleagues, associates and others whose services are utilized by her/him from revealing or using confidential information. Confidential information means information of a non-archaeological nature gained in the course of employment which the employer or client has requested be held inviolate, or the disclosure of which would be embarrassing or would be likely to be detrimental to the employer or client. Information ceases to be confidential when the employer or client so indicates or when such information becomes publicly known. • An archaeologist shall not: • Reveal confidential information, unless required by law; • Use confidential information to the disadvantage of the client or employer; • Use confidential information for the advantage of herself/himself or a third person, unless the client after full disclosure; • Accept compensation or anything of value for recommending the employment of another archaeologist or other person, unless such compensation or thing of value is fully disclosed to the potential employer or client; • Recommend or participate in any research which does not comply with the requirements of the Standards of Research Performance.

29. Standards of Research Performance • The archaeologist has a responsibility to prepare adequately for any research project, whether or not in the field. • In conducting research, the archaeologist must follow her/his scientific plan of research, except to the extent that unforeseen circumstances warrant its modification. • Procedures for field survey or excavation must meet the following minimal standards. • During accessioning, analysis, and storage of specimens and records in the laboratory, the archaeologist must take precautions to ensure that correlations between the specimens and the field records are maintained, so that provenience contextual relationships and the like are not confused or obscured. • Specimens and research records resulting from a project must be deposited at an institution with permanent curatorial facilities, unless otherwise required by law. • The archaeologist has responsibility for appropriate dissemination of the results of her/his research to the appropriate constituencies with reasonable dispatch.

30. SAA Code of Ethics • Principle No. 1: Stewardship The archaeological record, that is, in situ archaeological material and sites, archaeological collections, records and reports, is irreplaceable. It is the responsibility of all archaeologists to work for the long_term conservation and protection of the archaeological record by practicing and promoting stewardship of the archaeological record. • Principle No. 2: Accountability Responsible archaeological research, including all levels of professional activity, requires an acknowledgment of public accountability and a commitment to make every reasonable effort, in good faith, to consult actively with affected group(s), with the goal of establishing a working relationship that can be beneficial to all parties involved. • Principle No. 3: Commercialization The Society for American Archaeology has long recognized that the buying and selling of objects out of archaeological context is contributing to the destruction of the archaeological record on the American continents and around the world. • Principle No. 4: Public Education and Outreach Archaeologists should reach out to, and participate in cooperative efforts with others interested in the archaeological record with the aim of improving the preservation, protection, and interpretation of the record.

31. SAA Code of Ethics • Principle No. 5: Intellectual Property Intellectual property, as contained in the knowledge and documents created through the study of archaeological resources, is part of the archaeological record. As such it should be treated in accord with the principles of stewardship rather than as a matter of personal possession. • Principle No. 6: Public Reporting and Publication Within a reasonable time, the knowledge of archaeologists gain from investigation of the archaeological record must be presented in accessible form (through publication or other means) to as wide a range of interested publics as possible. The documents and materials on which publication and other forms of public reporting are based should be deposited in a suitable place for permanent safekeeping. • Principle No. 7: Records and Preservation Archaeologists should work actively for the preservation of, and long term access to, archaeological collections, records, and reports. • Principle No. 8: Training and Resources Given the destructive nature of most archaeological investigations, archaeologists must ensure that they have adequate training, experience, facilities, and other support necessary to conduct any program of research they initiate in a manner consistent with the foregoing principles and contemporary standards of professional practice.