Legal and Ethical Responsibilities

Archeology outreach is a legal and an ethical responsibility for all archeologists. Federal law directs that outreach should be part of any archeological resource management program.

Managers, including Regional Directors, Superintendents and archeologists' program supervisors, should know that NPS archeologists are legally and ethically required to conduct outreach. Managers are responsible for supporting archeologists in their outreach efforts.

Archeologists should be clear on the laws that drive their work, including the provisions for outreach.

Federal Law and NPS Policy
A number of federal laws direct and authorize archeologists to conduct outreach.

Antiquities Act of 1906, as amended
The Antiquities Act indicates that archeology is for the public's benefit:

• Section 3 states that, “the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums.”

National Historic Preservation Act of 1966, as amended (NHPA)
NHPA sets out requirements for outreach:

• Section 1 states that Congress declares, “the preservation of [our] irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, esthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans.”
• Section 101(i) directs the Secretary not only to, “develop and make available” to Federal and state agencies, private organizations, and individuals training and information about professional preservation practices, but also to “develop mechanisms to provide information concerning historic preservation to the general public including students.”
• Section 101(j) instructs the Secretary, in consultation with a number of organizations, to, “develop and implement a comprehensive preservation education and training program” that shall include “support for research, analysis, conservation, curation, interpretation, and display related to preservation.”

Archaeological Resources Protection Act of 1979, as amended (ARPA)
ARPA provides for the protection of archeological resources and directs Federal land managers to establish programs to increase public awareness:

• Section 1 states that Congress declares, “the preservation of [our] irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, esthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans.”
• Section 9 (a) states that, “Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission ... may not be made available to the public ... unless the Federal land manager concerned determines that such disclosure would (1) further the purposes of this Act ... or (2) not create a risk of harm to such resources or to the site at which such resources are located.”
• Section 10 (c) directs that, “Each Federal land manager shall establish a program to increase public awareness of the significance of the archaeological resources located on public lands and Indian lands and the need to protect such resources.”

NPS Director's Order 28A: Archeology
Federal laws to protect archeological resources for the public's benefit led to DO28A, which includes:

• DO28A: 4A(1) Antiquities Act and Archaeological Resources Protection Act: “Section 10 (c) of ARPA requires that Federal land managers establish a program to increase public awareness of the significance of archeological resources and the need to protect such resources. Individual superintendents at parks with recognized archeological resources will incorporate information about these topics in park interpretive programs. Centers, support offices, regional offices, and the National Center for Cultural Resources will, to the extent practicable, conduct public outreach and educational programs for archeology.”
• DO28A: 5A. Archeological Resource Stewardship:
  • “Superintendents must maintain the confidentiality of information about in situ archeological resources, unless the release of information enhances the preservation and possibly the public interpretation of the resource. (Consult DO #66 on FOIA and Protected Resource Information and see NHPA section 304 and ARPA section 9 for conditions under which certain information is to be withheld from public disclosure.)”
  • “Good stewardship includes public interpretation of park archeological resources. ARPA (Sec. 10(c); 43 CFR 7.20) requires land managers to provide interpretive programs about the importance of archeological resources in their parks. Superintendents at parks with recognized archeological resources should incorporate information about these topics in park interpretive programs.”
  • Federal laws and NPS DOs led to the development of a national strategy that includes outreach and education.

National Strategy for Federal Archeology
The National Strategy for Federal Archeology affirms and highlights the importance of public outreach in public archeology. Elements of the National Strategy include fighting looting with public awareness programs and sharing the results of archeological investigations. More specifically, the goal to increase public outreach and participation includes:

• establishment of outreach programs as a regular agency function;
• interpretation of archeological research for the public in a way that is accurate and understandable;
• consideration of the views of diverse cultural groups; and
• engagement of the public through professionally-directed volunteer programs.

Professional Ethics

Major professional archeology organizations prioritize outreach in their missions and ethics statements. These statements support outreach as a standard for ethical practice for professional archeologists.

• Archaeological Institute of America: “The Archaeological Institute of America promotes a vivid and informed public interest in the cultures and civilizations of the past, supports archaeological research, fosters the sound professional practice of archaeology, advocates the preservation of the world's archaeological heritage, and represents the discipline in the wider world.”
• Society for Historical Archaeology: Principle 7: “Members of the Society for Historical Archaeology encourage education about archaeology, strive to engage citizens in the research process and publicly disseminate the major findings of their research, to the extent compatible with resource protection and legal obligations.”
• Society for American Archaeology: Principles of Archaeological Ethics Principle Number 4: “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. In particular, archaeologists should undertake to: 1) enlist public support for the stewardship of the archaeological record; 2) explain and promote the use of archaeological methods and techniques in understanding human behavior and culture; and 3) communicate archaeological interpretations of the past. Many publics exist for archaeology including students and teachers; Native Americans and other ethnic, religious, and cultural groups who find in the archaeological record important aspects of their cultural heritage; lawmakers and government officials; reporters, journalists, and others involved in the media; and the general public. Archaeologists who are unable to undertake public education and outreach directly should encourage and support the efforts of others in these activities.”