PROTECTING THE PAST

INTRODUCTION

George S. Smith and John E. Ehrenhard

"While it will always be true that archeologists need to communicate effectively among themselves, it now is abundantly clear that unless they also communicate effectively with the general public, and with those making decisions affecting the cultural resource base, all else will be wasted effort" (McGimsey and Davis l977:89).

PURPOSE

We are witnessing a tremendous increase in the commercialization of the human prehistoric and historic record. Archaeological sites are being looted and vandalized to the extent that if something is not done in the near future to curb this destruction there will be little of our collective past left for future generations. The destruction of archaeological resources has not subsided even though the Federal Government and many state and local governments have passed laws protecting archaeological sites. Current estimates of the extent of looting and vandalism vary widely. In a report prepared by the Government Accounting Office for Congress entitled "Problems Protecting and Preserving Federal Archeological Resources" (1987) it was reported that 32% of the known sites on public lands in the Four Corners area of the Southwest (New Mexico, Arizona, Utah, and Colorado) had been looted. In the investigative report prepared for Congress in 1988, entitled "The Destruction of America's Archaeological Heritage: Looting and Vandalism of Indian Archaeological Sites in the Four Corners States of the Southwest" it was estimated that the percentage of looted sites in this part of the country could be as high as 90%. Estimates for the rest of the country are probably not much different. Even with these estimates the problem is critically understated by the fact that the Federal Government reports that approximately 90% of the lands they manage have not been adequately examined to identify and evaluate the archaeological resources they contain (Keel, McManamon, and Smith 1989). In other words the percentages discussed above reflect the looting of known sites on public lands and does not take into consideration the looting of sites that may not be identified and monitored by land managing agencies. Sites on private property are not faring much better. In the report prepared by the National Park Service entitled "1988 Historic Preservation Assessment Needs" it was reported that as much as 50% of all private and public sites nationwide have been looted.

Protecting the remaining portion of our collective archaeological heritage is one of the major challenges confronting the archaeological community in this decade. This sentiment was firmly voiced during the 54th annual meeting of the Society for American Archaeology during a landmark plenary session entitled "Our Vanishing Past - The Willful Destruction of a Nation's Heritage". Throughout this session noted scholars, politicians, and concerned individuals from varied walks of life discussed the extent and impact of looting and vandalism and how we can combat the problem through more effective law enforcement, legislation, training, and education. This book, in part, was written in response to the challenges set forth in this historic session as well as recommendations from the Interagency Working Group on the Public Awareness of Federal Archaeology, the Society for American Archaeology Anti-Looting Project, the University of Minnesota "Presenting the Past to the Public" conference series, and direction provided by recent amendments to the Archaeological Resources Protection Act.

Over the past two decades there has been considerable activity regarding archaeological site protection. Unfortunately, little has been printed or disseminated widely beyond those immediately involved. A notable exception was the Airlie House Report (McGimsey and Davis l977) which was one of the early documents that dealt specifically with the protection and management of cultural resources in the United States. The purpose of Protecting The Past is to present some of the current and ongoing work regarding archaeological resource protection in a topically organized format. This book is written for a diverse audience in an effort to reach the people who can most effectively help decrease the amount of archaeological resource crime taking place in America. This audience consists of professional and avocational archaeologists, law enforcement personnel, attorneys, judges, politicians, educators, and by far the most influential group, the public. The challenge is to coordinate and focus the efforts of these diverse groups into a national program aimed at protecting the past for the future.

As stewards of our unwritten past, we must continually strive to increase the amount of archaeological information that is available to the public. One of the challenges of doing this is to disseminate information concerning various archaeological resource protection issues. We must increase public awareness, understanding, appreciation, and protection of the fragile and dwindling archaeological resources. To do that, we must also educate ourselves (those charged with keeping our legacy alive) on the issues.

We hope that the following presentations will stimulate discussion and action and inspire dynamic strategies for protecting archaeological sites and decreasing archaeological crime. Protecting the Past is a testament of our collective resolve to win.

ORGANIZATION AND CONTENT

The topics and articles contained in this book have been specifically selected to address a variety of archaeological resource protection issues. The authors chosen were selected because of their topical expertise and active involvement in archaeological resource protection activities. As a result, a wide variety of perspectives is presented by authors from many diverse fields including not only archaeology and law enforcement, but law, politics, education, museology, and marketing. The papers are organized into six chapters which are designed to address specific issues. Concluding remarks are presented in the Epilogue. An appendix contains policy statements by professional organizations regarding the protection of archaeological sites.

The Preface contains comments from the president of the Society for American Archaeology (Sabloff), a United States Senator who is and had been a leader in archaeological resource protection (Domenici), and the Department of Interior's Assistant Secretary for Fish and Wildlife and Parks (Harriman) regarding the need to protect the nation's archaeological resources. Their comments clearly point out the extent of the problem and the need for a coordinated effort to protect the nation's archaeological resources.

The Forward presents a personal overview of the development of archaeological resource protection in the United States, focusing mainly on activities in the 1960's and 1970's (McGimsey). These two decades saw a tremendous increase in the number of archaeological sites impacted by large construction projects as well as the number of professionals involved in archaeology, and an increased concern for protecting archaeological resources. It was during this important period that the method and theory of cultural resource management crystallized.

The first chapter in the book is Archaeology and the Public. The concept of archaeological resources as part of the Public Trust is discussed (Knudson) as is the much quoted but little studied public attitude regarding archaeology and archaeological site protection (Pokotylo).

The second chapter, Archaeology and the Law, discusses the following topics: the legal structure for archaeological resource protection in the United States and its basis in the principles of federalism (Fowler); the development of historic preservation law and the political and social climate in which it developed from the late 1700's up to and including passage of the Archeological and Historic Preservation Act of 1974 (Friedman); the passage of the Archaeological Resources Protection Act of 1979 and the 1988 amendments to it (Cheek); the workings of Congress and how laws including those to protect archaeological sites are made (Neumann); the development of state and tribal laws and public education programs to protect archaeological sites (Rogers and Grant); and the cooperative efforts between archaeologists, law enforcement personnel, and attorneys necessary to successfully protect archaeological resources (Hutt).

The types of archaeological data lost when sites are looted and the effect this has on interpreting the past (Nickens), and the extent and magnitude of the looting problem on federal, Indian, and private lands (King, McAllister) are discussed in the chapter on Archaeological Site Destruction.

The chapter on Protecting Archaeological Sites through Education contains articles on: saving sites through education (Lerner); involving the media in site protection (Milanich); community involvement in Florida and how it has increased public awareness and appreciation for archaeological resources resulting in increased site protection (Bense); writing archaeology for the public and the benefits for site protection (Auel); implementing anthropology and archaeology into precollege classrooms to instill the preservation ethic in the next generation (Rogge); a city wide archaeology program in Canada and how it has increased public awareness and appreciation for archaeological resources (Smartz); a national model for teaching conservation archaeology to children (McNutt); including archaeology in the existing school curriculum and the positive effect on site protection in Louisiana (Hawkins); the archaeologist as global educator teaching respect for other cultures past and present (Messenger and Enloe); the use of marketing techniques to understand the problem of looting and effectively target archaeological resource protection programs (Shields); how avocational archaeology groups are assisting in protecting the past (Davis); details of a conference series on presenting the past to the public (Wells); the role of museums in protecting the past (Brose); sources of information on educational aspects of archaeological projects and information on prosecuted archaeological looting cases (Knoll); and sources of available training in archaeological resource protection (Waldbauer).

Examples of successful programs are discussed in the chapter entitled Archaeological Site Protection Programs. Articles include: an example of a very successful Bureau of Land Management program to protect archaeological sites in Oregon (Schalk); efforts by American Indians to protect archaeological sites (Anyon); a National Park Service archaeological site monitoring program in Kentucky and Tennessee (Des Jean); the use of signs to inform the public about archaeological resource protection and the need to protect sites (Jameson and Kodack); how sites can be protected at the local level (Kearns and Kirkorian); protecting sites by involving the public in site protection efforts (Hoffman); the Federal Governments efforts to protect the nation's archaeological resources (McManamon); Society for American Archaeology efforts to protect the past (Reinburg); the results and recommendation of the Society for American Archaeology Anti-looting workshop (Judge); and how the Archaeological Conservancy is saving sites (Michel).

The final chapter The Future of Protecting the Past outlines what has been done, what is being done, and what remains to be done if archaeological resources are to be preserved for future generations (Keel). Concluding remarks are presented in the Epilogue.

REFERENCES CITED

General Accounting Office, (1987) Problems Protecting and Preserving Federal Archeology Resources, GAO/RCED-88-3. General Accounting Office, Washington, D.C.

House Committee on Interior and Insular Affairs, (1988) The Destruction of America's Archaeological Heritage: Looting and Vandalism of Indian Archaeological Sites in the Four Corners States of the Southwest. Committee Print No. 6. Government Printing Office, Washington, D.C.

Keel, B.C., McManamon, F.P., and Smith, G.S. (1989) Federal Archeology: The Current Program. National Park Service, Department of the Interior, Washington, D.C. (U.S. Government Printing Office, Washington, D.C., 20402-9325: S/N 024-005-010-572).

McGimsey, C. R. III and Davis, H.A. (1977) The Management of Archeological Resources: The Airlie House Report. Special Publication of the Society for American Archaeology.

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