Introduction

Cultural resources constitute a unique medium through which all people, regardless of background, can see themselves and the rest of the world from a different point of view. Access to cultural resources means that people can learn not only about their own immediate ancestors but about other traditions as well. Such an exchange offers every American a place of importance in the history of our country as well as an opportunity to meet others and be met in a spirit of mutual tolerance, appreciation, and respect.

A primary responsibility of the National Park Service is to identify, protect, and share the cultural resources under its jurisdiction. The work inherent in this endeavor is varied and challenging. First, there must be systematic, open-minded study by historians and scientists to locate resources and to discover or substantiate their significance. Second, considerable thought must be given to the problem of simultaneously protecting park resources and making them available to the public. Third, appropriate treatment programs and protective measures must be put into effect (NPS 1997).

Cultural resource management involves:
- research (systematic study) to identify, evaluate, document, register, and establish the significance condition, and history of cultural resources
- planning (decision making) to ensure that this information is well integrated into management processes for making decisions and setting priorities; and
- stewardship (taking action) under which planning decisions are carried out and resources are preserved, protected, and interpreted to the public (NPS 1997).

Archeologists excavating along the side of the Lemon House in Pennsylvania's Allegheny Portage Railroad National Historic Site. (NPS)

Systematic study
Research for identification, evaluation, documentation, and full understanding and interpretation of cultural resources is essential to informed decision-making for park planning and operations, including maintenance and visitor services. Park managers can use the NPS Archeological Sites Information Management System (ASMIS) database to record and access key cultural resource information.

Decision making
Among other things, effective cultural resource management serves to
- integrate cultural resource concerns into other park planning and management processes
- avoid or minimize adverse effects on cultural resources
- provide information for interpretation and public understanding, and
- identify the most appropriate uses for cultural resources and determine their ultimate treatment (preservation, rehabilitation, restoration, etc.), through processes that include involvement by groups with traditional cultural or religious ties to park resources.

Taking action
In reaching decisions about resource treatment, preservation should always receive first consideration. Decisions about cultural resources should be based on awareness of long-range preservation goals and the interests and concerns of traditionally associated groups. From the planning document, specific actions are implemented to insure the long-term preservation of the resource.

Federal legislation

Cultural resource management is conducted as a result of many federal laws. As public awareness of archeological resources has increased, the need for federal legislation and policies to protect those resources has become apparent. The Antiquities Act of 1906 was the first such legislation. Laws, regulations, and policies not only protect archeological resources; they also establish guidelines for resource management, education, and public involvement in archeological stewardship. Key laws affecting archeological resources are briefly explained below.

FOR YOUR INFORMATION Laws, Regs., and Standards This web site accesses the full texts of laws, regulations, standards and guidelines, and executive orders related to cultural resources. (11/22/00) Individual Park Resources If your park has created any of these resources, consult them for planning information: - General Management Plan - Resources Management Plan - Statement for Management - Interpretive Prospectus - Development Concept Plan - Cultural Landscapes Inventory - List of Classified Structures - List of National Register of Historic Places Sites - National Maritime Initiative Inventory - Cultural Resources Bibliography (CRBIB) - Ethnographic Resources Inventory - Other resources as available and appropriate - Archeological Sites Management Information System (ASMIS)

The Antiquities Act of 1906 was landmark legislation in the protection of archeological resources. (NPS)

Antiquities Act of 1906
The first major U.S. law to address the preservation of archeological resources is the Antiquities Act. Its primary focus is the protection of archeological sites from looting. The Act establishes the permit process for archeological excavation on federal and tribal lands in an effort to deter destruction of sites by anyone who is not a professional archeologist. It establishes fines and punishment for unauthorized excavation or looting. It also allows the president to declare historic or prehistoric sites or structures as national monuments, as President Clinton did several times during his presidency.

The 1979 Archeological Resources Protection Act (see below) further defines archeological resources and significantly increases penalties for those convicted of unauthorized removal or excavation of archeological resources from federal or tribal lands. For these reasons the majority of cases today are prosecuted under ARPA rather than the Antiquities Act.

National Park Service Organic Act of 1916

The National Park Service Organic Act created the National Park Service within the Department of the Interior to

promote and regulate the use of the Federal areas known as national parks, monuments, and reservations hereinafter specified by such means and measures as conform to the fundamental purpose of the said parks, monuments, and reservations, which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (Unrau and Williss, Chapter One, B).

Enabling legislation
The National Park Service Organic Act enables the Senate and the House of Representatives to designate an area as a National Park, Historic Site, Battlefield, or Seashore, with "enabling legislation." The President then signs the bill into a law. The "enabling legislation" is a document stipulating the park's mission, goals, and scope of interpretation. Thereafter, the park's interpretive, exhibit, and visitor services programs reflect this mandate.

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 archeologic 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).

Salvage archeology being conducted 1930s during dam construction. (NPS)

Reservoir Salvage Act of 1960
The Reservoir Salvage Act of 1960 is another important piece of legislation that directly affected salvage archeology programs. Such programs, which began during the Depression and continued in a revised form until after World War II, employed many people, salvaged the data from many archeological sites, and created many new collections. The passage of this law was related to the widespread destruction of archeological sites from large-scale construction, such as federal dams and highways. The Act did not address the care and management of the large collections that resulted from salvage work.

National Historic Preservation Act of 1966 (NHPA), As Amended
NHPA is responsible for expanding the National Register of Historic Places and establishing the State Historic Preservation Offices (SHPO). Federal archeologists deal most often with sections 106 and 110 of the Act. Section 106 requires federal agencies to "take into account" the effects of a federal or federally assisted undertaking in any state of the Union on "any district, site, building, structure or object that is included in or eligible for the National Register" before federal funding for the project is approved. Among other criteria, archeological sites may be significant because they "have yielded, or may be likely to yield, information important in prehistory or history." Section 110 calls for the preservation and use of any historic property owned or controlled by a federal agency.

Determining eligibility and resolving adverse effects of federal actions on archeological resources under NHPA often involves several phases of archeological activity from scoping to surveying (Phase I) to testing to full excavation or mitigation (Phase III).

Although the information in the National Register is part of the public record, Section 304 of the NHPA, as amended in 1992 and Section 9(a) of the Archeological Resources Protection Act (see below) provide the legal authority for restricting information about archeological properties. Such information may be withheld from the public if:

A cow examines an archeological excavation undertaken at Appomatox Court House National Historic Park prior to park improvements. (Allen Cooper)

Section 106
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. The procedures in this part define how Federal agencies meet these statutory responsibilities. The section 106 process seeks to accommodate historic preservation concerns with the needs of Federal undertakings through consultation between the Agency Official and other parties with an interest in the effects of the undertaking on historic properties, commencing at the early stages of project planning. The goal of consultation is to identify historic properties potentially affected by the undertaking, assess its effects and seek ways to avoid, minimize or mitigate any adverse effects on historic properties.

The Agency Official must complete the section 106 process "prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license." This does not prohibit an Agency Official from conducting or authorizing nondestructive project planning activities before completing compliance with Section 106, provided that such actions do not restrict the subsequent consideration of alternatives to avoid, minimize or mitigate the undertaking's adverse effects on historic properties. The Agency Official shall ensure that the section 106 process is initiated early in the undertaking's planning, so that a broad range of alternatives may be considered.

National Environmental Policy Act of 1969 (NEPA)
The National Environmental Policy Act covers both cultural and natural resource management. It is an authority for managing the impacts of all federal actions on the "human environment." Cultural resources are collected under Section 101 (b)4, which gives the federal government responsibility to "preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity, and variety of individual choice." Contract archeologists deal with NEPA by preparing either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for a federal project. Archeological compliance and preparation of these statements usually involves scoping and/or surveying. NEPA is unique in that it links all socio-cultural impacts, highlighting the relationships between past cultures and their living descendants.

Archeological and Historic Preservation Act of 1974 (AHPA)
The Archeological and Historic Preservation Act of 1974 (or the Moss-Bennett Act, or the Archeological Data Preservation Act) continues the fight to preserve archeological resources during development, but it is broader in scope. The AHPA and its amendments call for the "preservation of historical and archeological data (including relics and specimens) which might otherwise be irreparably lost or destroyed as the result of … any federal construction project or federally licensed activity or program." Another significant stipulation is that up to 1% of the cost of a federal project could be used for "recovery, protection, and preservation of any data deemed endangered."

AHPA requires the Secretary of the Interior to submit an Annual report to Congress "…indicating the scope and effectiveness of the program, the specific projects surveyed and the results produced, and the costs incurred by the Federal Government as a result thereof." It is also the first piece of legislation since the Antiquities Act to mention the care of archeological collections

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. (NPS)

Archeological Resources Protection Act of 1979 (ARPA)
An important piece of archeological legislation, the Archaeological Resources Protection Act, was enacted in 1979. ARPA strengthens the permitting procedures required for conducting archeological fieldwork on federal lands, originally mandated by the Antiquities Act. It also establishes more rigorous fines and penalties for unauthorized excavation on federal land.

ARPA is important from the standpoint of managing archeological collections because it:

- acknowledges federal ownership of objects excavated from federal lands;

- calls for the preservation of objects and associated records in a "suitable" institution, and

- prohibits public disclosure of information concerning the nature and location of archeological resources that require a permit or other permission under ARPA for their excavation or removal.

An application for an ARPA permit must include authorization and a written agreement between the federal agency and an appropriate repository that will house and curate the collection recovered from the project. This permit process applies to all excavations on federal and Indian/tribal lands. ARPA also is the third law that permitted the Secretary of the Interior to issue regulations on the care and management of archeological collections. These regulations (36 CFR Part 79) were issued in 1990.

In order to accommodate the repatriation or disposition requirements of NAGPRA, the ARPA regulations dealing with custody and ownership of archeological collections were amended in 1995 (see 43 CFR Part 7.13).

Artifact submerged in the waters of Dry Tortugas National Park, Florida. (NPS)

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.

Native American Graves Protection and Repatriation Act of 1990 (NAGPRA)
The Native American Graves Protection and Repatriation Act (NAGPRA) is an important piece of federal legislation that impacts archeological fieldwork and curation. Passed in 1990, NAGPRA deals with aspects of archeology both in the field and in the repository. It also affects any public museum or repository that received federal funding before or since 1990. In the field, NAGPRA reinforces many aspects of the Archeological Resources Protection Act (ARPA).

Archeological research that may affect sites of religious or other cultural importance to an Indian tribe or other Native American group must also be preceded by notification of and consultation with that group. NPS archeologists, in coordination with NPS ethnographers, curators, and park superintendents, must ensure that archeological research on park lands complies with all policies and requirements. Agreements reached in the consultation process are documented in writing, This is particularly important where there is potential to encounter Native American human remains, funerary objects, sacred objects, or other objects of cultural patrimony during archeological research (NPS 1997, p. 73).

NAGPRA also impacts archeological collections. First, it has set forth standards for repatriation. Second, it requires that every federal agency and federally funded museum or repository completes a summary and inventory of all NAGPRA-related objects in their care. NAGPRA has forced many agencies and museums to find out exactly what they own and for what collections they are responsible. NAGPRA also contains provisions for repatriation of these objects to lineal descendants or culturally affiliated Indian tribes or Native Hawaiians (Childs and Corcoran 2000).

State, tribal, and local laws and policies

The federal National Historic Preservation Act has served as a guide for the development of many state, local, and tribal historic preservation laws and ordinances. The scope of non-federal laws and policies tend to mirror federal historic preservation and archeological resources laws and regulations (i.e., National Historical Preservation Act; Archaeological Resources Protection Act; Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation). However, non-federal entities, especially in the last decade, tend to write more detail into their historic preservation and archeological resource protection laws and policies than appears in a corresponding federal law or policy.

NPS Policies

NPS Management Policies and Director's Order NO. 28
Director's Order No. 28: Cultural Resource Management Guidelines, updates and supplements the National Park Service Management Policies. The National Park Service has detailed written guidance to help managers make day-to-day decisions. The first level, and the primary source of guidance, is contained in the publication Management Policies, last published in 200l NPS management policies must be consistent with the Constitution, public laws, proclamations, executive orders, rules and regulations, and directives issued by the President and the Secretary of the Interior.

Director's Orders may also include updated statements of NPS management policy. As Director's Orders and Handbooks or Reference Manuals are finalized, they will be made available to the public. Until these new Director's Orders are finalized, the existing guidelines remain in effect.

Systemwide Archeological Inventory Program (SAIP)
The National Park Service specifically defines parameters for archeological research within the parks. The Systemwide Archeological Inventory Program (SAIP), also known as the National Archeological Survey Initiative (NASI), was established in 1992 to respond to the Park Archeology Program's inadequate knowledge of archeological site locations and, therefore, inadequate ability to protect and preserve these cultural resources servicewide. The SAIP's goals and objectives are:

Goal:

Conduct systematic, scientific research to locate, evaluate, and document archeological resources on National Park system lands.

Objectives:

1) Determine the nature and extent of archeological resources in park areas.
2) Record and evaluate those resources in the Archeological Sites Management Information System (ASMIS) database
3) Include nominating eligible properties for listing in the National Register of Historic Places
4) Recommend appropriate strategies for conserving, protecting, preserving in situ, managing, and interpreting those resources (Aubrey et al., 1992:2).

Other resources

The National Park Service offers many resources to ensure compliance with the laws, regulations and policies discussed in this section.

Technical Briefs
The NPS Archeology Program publishes Technical Briefs that address topics of interest to archeologists, land managers, preservation officers, museum professionals, Native Americans, law enforcement agents, educators, and the public. Technical Briefs cover topics ranging from conservation to public education.

Common Ground
Common Ground: Archeology and Ethnography in the Public Interest (known previously as Federal Archeology) is a quarterly magazine read by nearly 16,000 archeologists, land managers, preservation officers, museum professionals, Native Americans, law enforcement agents, educators, and the public. Each issue offers in-depth coverage of a topic-such as working with Native Americans, managing sites in wilderness lands, or African American archeology-as well as hard-to-find or otherwise unavailable information on protecting sites, public outreach, caring for collections, training, publications, and more.

CRM-Culural Resource Management
The National Park Service publishes CRM-Cultural Resource Management, a magazine containing information for parks, federal agencies, Indian tribes, states, local governments, and the private sector that promotes and maintains high standards for preserving and managing cultural resources. This publication includes articles, references, and bulletins.

National Register Bulletin
The National Register of Historic Places is the Nation's official list of cultural resources worthy of preservation. It is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect our historic and archeological resources.

The National Register Bulletin Series provides guidance to document, evaluate and nominate historically significant sites to the National Register of Historic Places. The series is divided into four sections: the Basics, Property Types, Technical Assistance, and General Guidance. Also available are several brochures that provide information on the programs of the National Register.

USE WHAT YOU KNOW: ASSESS YOUR KNOWLEDGE — How does Cultural Resources Management affect what happens in your park? — What legislative protections directly affect archeology on federal lands? What do visitors need to know about these laws? — What NPS resources are available for learning more about CRM and the federal programs associated with it?

Suggested reading

Craib, Donald Forsyth (editor)
2000     Topics in Cultural Resource Law. Society for American Archaeology, Washington, DC.

Hardesty, Donald L. and Barbara J. Little
2000     Assessing Site Significance: A Guide for Archeologists and Historians. AltaMira Press, Walnut Creek, CA.

King, Thomas F.
1998     Cultural Resource Laws and Practice: An Introductory Guide. AltaMira Press, Walnut Creek, CA.

National Park Service
1993     Federal Historic Preservation Laws. U.S. Department of the Interior, National Park Service, Cultural Resources Program, Washington, D.C.

National Park Service
2000     National Park Service Management Policies, Cultural Resources Management

National Park Service
1997     Cultural Resource Management Guidelines, Release N. 5. U.S. Department of the Interior, National Park Service, Washington D.C.

References

Sections of this chapter were taken from:

Aubrey, Michele C., Dana C. Linck, Mark J. Lynott, Robert R. Mierendorf, and Kenneth M. Schoenberg
1992     National Park Service's Systemwide Archeological Inventory Program. Anthropology Division, National Park Service, U. S. Department of the Interior, Washington, D.C.

Childs, S. Terry and Eileen P. Corcoran
2000     Managing Archeological Collections: An Online Course. Archeology Program, National Park Service.

National Park Service
1997     Cultural Resource Management Guidelines, Release N. 5. U.S. Department of the Interior, National Park Service, Washington D.C.

Unrau, Harlan D. and G. Frank Williss
1993     Administrative History: Expansion of the National Park Service in the 1930s. National Park Service, Denver Service Center.