APPENDIX

Policy Statements on Archeological Site Protection

The following policy statements and codes of ethics are reproduced with the permission of the appropriate professional organization. The editors sincerely acknowledge the cooperation and assistance of:

• The Society for American Archaeology
• The Society of Professional Archaeologists
• The Advisory Council on Historic Preservation
• The American Association of Museums

SOCIETY FOR AMERICAN ARCHAEOLOGY

Code of Ethics

The objectives of this Society shall be:

1. To promote and to stimulate interest and research in the archaeology of the American continents.
2. To advocate and to aid in the conservation of archaeological resources.
3. To encourage public access to and appreciation of the aims, accomplishments, and limitations of archaeological research.
4. To serve as a bond among those interested in American Archaeology, both professionals and nonprofessionals, and to aid in directing their efforts into scientific channels.
5. To publish and to encourage the publication of archaeological research.
6. To foster the formation and welfare of regional and local archaeological societies.
7. To discourage commercialism in archaeology and to work for its elimination.
8. To operate exclusively for scientific and educational purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code.
9. To engage in any and all lawful activities incidental to the foregoing purposes.

In the pursuit of its objectives, the Society shall promote and support all legislative, regulatory, and voluntary programs that forbid and discourage all activities that result in the loss of scientific knowledge and of access to sites and artifacts. Such activities include, but are not limited to, the irresponsible excavation, collecting, hoarding, exchanging, buying, or selling of archaeological materials.

SOCIETY OF PROFESSIONAL ARCHAEOLOGISTS CODE OF ETHICS

Adopted 1988

1. The archaeologist's responsibility to the public

1.1 An archeologist shall:

1. Recognize a commitment to represent archeology and its research results to the public in a responsible manner;
2. Actively support conservation of the archeological research base;
3. Be sensitive to, and respect the legitimate concerns of, groups whose culture histories are the subjects of archeological investigation;
4. Avoid and discourage exaggerated, misleading, or unwarranted statements about archeological matters that might induce others to engage in unethical or illegal activity;
5. 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.

1.2 An archeologist shall not:

1. Engage in any illegal or unethical conduct involving archeological matters or knowingly permit the use of his/her name in support of any illegal or unethical activity involving archeological matters;
2. Give a professional opinion, make a public report, or give legal testimony involving archeological matters without being as thoroughly informed as might reasonably be expected;
3. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation about archeological matters;
4. Undertake any research that affects the archeological resource base for which she/he is not qualified.

ADVISORY COUNCIL ON HISTORIC PRESERVATION: POLICY STATEMENT REGARDING "POTHUNTING"

Adopted by the Advisory Council on Historic Preservation

September 27, 1988, Gallup, New Mexico

The Council deplores the destruction caused by pothunting and applauds the efforts of Congress, the agencies, the States, and the tribes to contend with it.

The Council supports in principle legislative and educational efforts to address the pothunting problem. However, the Council also understands the desire to search out, study, appreciate and possess artifacts and art objects, which directly or indirectly motivates pothunting.

The Council expresses its strong support for, and encouragement of, efforts by the Department of Justice, and the various United States Attorneys, and other Federal and Sate agencies to bring to justice and prosecute to the full extent of the law all violators of Federal and State laws protecting historic, archeological, and other cultural resources. However, the Council recognizes that it is unlikely that police action alone will control pothunting on Federal and Indian lands, and that since pothunting occurs on other lands as well, increased enforcement on Federal and Indian lands may increase pothunting elsewhere.

Accordingly, the Council encourages cooperative efforts among Federal agencies, States, Indian tribes, archeologists, art and artifact dealers, artifact collectors, and other interested parties to seek mutually agreeable means of reducing pothunting while ensuring those interested in finding, studying, enjoying and possessing artifacts the continued opportunity to do so.

AMERICAN ASSOCIATION OF MUSEUMS CODE OF ETHICS FOR MUSEUMS

Approved by the AAM Board of Directors May 18, 1991

Code of Ethics

A Curator is typically a specialist in a field related to the collection in his or her care and is responsible for he overall well-being and scope of that collection, including acquisition and disposal, preservation and access, interpretation and exhibition, and research and publication.

Curators must be cognizant of all laws (international, national and local) affecting the acquisition of objects in their areas of responsibility. To avoid acquiring illegally exported or improperly collected specimens, curators can consult UNESCO Convention, the Archeological Resources Protection Act, The American Indian Religious Freedom Act, state and federal wildlife laws and regulations, and the guidelines of their professional societies. The provenance of all objects should be known and recorded.

(The Curator's Code of Ethics stresses) the need for awareness of the law, adherence to written museum policies, knowledge of and concern for the collections and sensitivity to the public's interest in them, propriety in all one's dealings and open and frank disclosure of private holdings and transactions has been stressed.

An ethics code for curators is difficult to formulate because curators in one discipline may be called upon to perform duties that curators in another discipline would find, at worst, unethical and, at best, inappropriate. Like Museum Ethics, this code offers a set of guidelines. Curators are also urged to familiarize themselves with Museum Ethics, to consult codes of ethics that deal specifically with their own disciplines and to adhere to policies of their own institutions (Lester: 1983; eds words in brackets)

Human Remains and Sacred Objects

Curators who have human remains or sacred objects in their collection must be aware of the peoples intimately involved or associated with these materials.

Curators must be willing to exchange ideas with cultural representatives concerning the acquisition, exhibition, interpretation, storage or possible return of culturally sensitive objects.

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