Cultural Resource Management in the United States
Description: Throughout the 20th century a system of archaeological
and cultural resource protection evolved in the United States that asserts
a national interest in preservation while privileging private property
rights. What are the strengths and weaknesses of the current U.S. system?
Learning Objectives:
• Evaluate the U. S. approach to archaeological heritage management through a historical analysis of its federal legislation.
• Examine the structure of archaeological heritage management in the United States in the public and private sectors.
Readings:
C. R. McGimsey III and Hester A. Davis, "United States of America," in Approaches to the Archaeological Heritage, ed. H. Cleere (Cambridge: Cambridge University Press, 1984), 116-124.
R. Elia, "U.S. Cultural Resource Management and the ICAHM Charter," Antiquity 67 (1993): 426-38.
R. E. Stipe, "Historic Preservation: the Process and the Actors," in The American Mosaic: Preserving a Nation's Heritage, ed. R. E. Stipe and A. J. Lee (Washington, D.C.: U.S. Committee, International Council on Monuments and Sites, Preservation Press, 1987), ch. 1.
F. P. McManamon, "The Protection of Archaeological Resources in the United States: Reconciling Preservation with Contemporary Society," in Cultural Resource Management in Contemporary Society: Perspectives on Managing and Presenting the Past, One World Archaeology 33, ed. F. P. McManamon and A. Hatton (London: Routledge, 2000), 40–54.
1. Discussion Worksheet: The class begins with students filling
out a worksheet designed to assess their knowledge of current laws,
regulations, and practices relating to archaeology and heritage management
in the United States.
"Briefly describe the current legal situation in the United States in the following areas:
1. Ownership of archaeological sites/artifacts.
2. Regulation of archaeological investigation.
3. Requirement to report discoveries of archaeological sites.
4. Regulation of private collections of archaeological objects.
5. Regulation of antiquities dealers.
6. Control of export of archaeological objects.
7. Name any U.S. laws pertaining to the above."
[Note for Instructors: Almost without exception, students display an abysmal knowledge of laws and regulations, even in their own country. (The class had previously covered NAGPRA, so students were aware of that law.) The general ignorance among even archaeology majors about laws relating to archaeology is not surprising, however, because it reflects the fact that archaeological law is rarely taught in archaeological curricula in colleges and universities (particularly at the undergraduate level). This exercise is most salutary because students, confronted so directly by their own fundamental ignorance about a topic of obvious importance to their chosen field, naturally wonder how it can be that they have never learned these things. Most are eager to do so.]
2. Distribute and Review Handout: "Cultural Resource Management
in the United States: Terms and Laws." Consider the several terms used
to describe cultural resources and their management; often they are
used interchangeably but there are some interesting differences.
a. Some Terms for "Sites":
Cultural/archaeological resources
Cultural/archaeological heritage
Cultural property
Historic sites
Traditional sites
Sacred sites
b. Some Terms for the Archaeology of Protection:
Historic preservation
Cultural resource management (CRM)
Archaeological heritage management (AHM)
Salvage archaeology
Rescue archaeology
Contract archaeology
Public archaeology
c. Important U.S. Legislation:
• Antiquities Act of 1906 (16 U.S.C. 431-433; P.L. 59-209)
• Historic Sites Act of 1935 (49 U.S.C 303; P.L. 110-17).
• National Historic Preservation Act of 1966, as amended through 1992 (16 U.S.C. 470 et seq.; P.L. 89-665, P.L. 96-515, P.L. 102-575).
• Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-470mm; P.L. 96-95).
• Abandoned Shipwreck Act of 1987 (23 U.S.C. 2101 et seq.; P.L. 100-298).
• Native American Graves Protection and Repatriation Act (25 U.S.C. 3001; P.L. 101-601).
3. Survey of U.S. Legislation: Present the salient
points of the principal legislation.
a. Antiquities Act of 1906
• First national antiquities law
• Presidential authority to set aside site and monuments
• Regulations
b. Historic Sites Act of 1935
• Preservation declared as national policy
• Public–private partnerships
• National Historic Landmark program
• Historic American Building Survey/Historic American Engineering Record
c. National Historic Preservation Act of 1966 (as amended)
• National Register of Historic Places
• State Historic Preservation Offices (SHPOs)
• Tribal Historic Preservation Offices (THPOs)
• Section 106
• Grant-in-aid program to states
• Advisory Council on Historic Preservation
d. National Environmental Policy Act of 1969
• Environmental Assessments
• Environmental Impact Study
e. Archaeological Resources Protection Act of 1979 (as amended)
• Deals with federal and tribal lands
• Originated as anti-looting effort
• Federal ownership of archaeological resources
• Control of excavation, export
• Prohibition of damage, looting
f. Abandoned Shipwreck Act of 1987 (covered in class on underwater archaeology).
g. Native American Graves Protection and Repatriation Act of 1990 (covered in class on diverse interests).
4. The Structure of CRM in the United States
a. Federal Programs: National Park Service, federal agency responsibilities.
b. Tribal Programs: THPOs, federally recognized tribes, non-federal tribes. Tribal sovereignty.
c. State Programs: SHPOs and their activities; the Massachusetts Historical Commission (SHPO) as an example.
d. Municipal Programs: City archaeologists, municipal planning.
e. Private Sector: CRM firms, museums, preservation organizations.