Midterm Review Public Archaeology

Ethics What organizations establish and promote codes of archaeological ethics? The professional societies Society for American Archaeology American Anthropological Association Society for Historical Archaeology American Institute of Archaeology Register of Professional Archaeologists

What are the main principles of archaeological ethics? Stewardship of archaeological record Professional conduct Keep your word No plagiarism Observe proper scientific and archaeological standards Don’t do things you’re not qualified to do No commercialization Work with descendent communities

Ethics What organization regulates professional ethics in American archaeology? Regulated by the Register of Professional Archaeologists How is professional behavior regulated by the Register? Provides a professional license that can revoked through a grievance procedure in cases of violations

Safety Archaeology is relatively dangerous Generally, regulated by OSHA Excavation rules—trench collapses Driving General dangers of working outdoors Hyperthermia Hypothermia Getting lost Animal attacks Falls Unusual archaeological dangers Histoplasmosis Hantavirus Valley Fever

What are… Histoplasmosis Hantavirus Valley fever Mycobacterium found in damp caves, crawl spaces, and abandoned buildings especially when there’s lots of guano around Hantavirus Virus found in dry caves and abandoned buildings in the desert west. Comes from dried urine and fecal matter of rodents Valley fever A fungal infection caused by inhaling spores from the soil. Endemic in the southwest U.S.

How do stay safe? Be prepared Drive carefully Don’t fool around Plan for local circumstances Carry first aid kit Know how to get to nearest hospital Know first aid and CPR Drive carefully Don’t fool around Don’t try to prove anything

What did the Antiquities Act Do? Prohibited unauthorized excavation on federal land Required licensing for legitimate excavations Required curation of artifacts Authorized the President in his sole authority to establish National Monuments by proclamation

What did the Historic Sites Act Do? Established National Landmarks Program All Landmarks are on the National Register of Historic Places They are always, by definition, nationally significant When a National Landmark is involved in Section 106 compliance (i.e., is threatened by a federal undertaking), ACHP regulations require that the National Park Service be consulted So, Landmarks have a special status under Section 106

What Did the National Historic Preservation Act Do? Established National Register of Historic Places Established Advisory Council on Historic Preservation Section 110 required Federal agencies to have historic preservation programs Section 106 required federal agencies to carry out historic preservation consultation for all federal projects Required curation, preservation of reports

Definitions What is a SHPO? What is an FPO? What is a THPO? What is the ACHP?

What is Section 106? Procedural law Overseen by ACHP—issues regulations Requires: 1) Federal agencies to take into account the affects of their actions on historic properties 2) afford the Advisory Council a reasonable opportunity to comment

What is the Procedure? Determine if there is an undertaking Broadly defined, any federal project or federally licensed project Define area of potential effect Identify and evaluate historic properties Determine if the undertaking will adversely affect historic properties Consult with SHPO, THPO and other interested persons

Identification and Evaluation What does “identification” mean (or require) in archaeology? What is the legal standard for identification? How do we evaluate an archaeological site? What are the criteria used for determining significance during evaluation?

What are Historic Properties? Property is historic if it’s eligible for the National Register What is the National Register of Historic Places? Maintained by NPS Keeper ultimately decides if a property is eligible What are the National Register criteria of eligibility? A. associated with events B. Associated with persons C. exemplar of a style or work of a master, and districts D. information important to history or prehistory Note criteria considerations and the exceptions to them (usually at least 50 years old) Also, properties have to have integrity

What types of properties can be eligible? Types of things: Districts Sites Buildings Structures Objects Traditional cultural places (TCPs)

What is Integrity? Integrity is a prerequisite for significance Integrity of: Location Design Setting Materials Workmanship Feeling, AND Association Is evaluated scientifically for archaeological sites Study degree of disturbance

Is indigenous participation required or permitted? NHPA requires consultation with Federally recognized Indian Tribes Including Alaskan Native villages and corporations And Native Hawaiians There are many tribes that are only state recognized No consultation requirements But SHPOs may want you to consult with them

Indigenous consultation If the undertaking is on Indian land Consult with the THPO if there is one If there isn’t, then consult with tribal government and SHPO If the undertaking is on land with which the tribe is culturally affiliated, Consult with the THPO if there is one and if there isn’t with the tribal government AND consult with the SHPO

What does the Archaeological Resources Protection Act do? Protects archaeological sites on federal and Indian lands from unauthorized excavation Provides for permitting of authorized excavations Uniform regulations at 32CFR229/43CFR7 Provides for curation of archaeological materials (see 36CFR Part 79)

Is curation required? Curation of archaeological materials is required by ARPA, NHPA and even the Antiquity Act The “Curation Regulation” is at 36 CFR Part 79 It spells out the requirements, which are fairly commonsensical but complicated and extensive There is a crisis in curation There’s no space Few repositories meet code

What does NAGPRA do? Requires repatriation of certain cultural items Requires consultation before excavation of these cultural items Applies to federal agencies and museums receiving federal funds Applies to Federally recognized tribes, Native Alaskans, and Native Hawaiians

What are the NAGPRA cultural items? NAGPRA Items covered by law: Human remains (not including parts naturally shed) Associated funerary objects Unassociated funerary objects Sacred objects Objects of cultural patrimony

What does the retrospective portion of NAGPRA require? Requires summaries and inventories of cultural items in existing collections by specified deadlines Summaries of unassociated funerary objects, sacred items and objects of cultural patrimony By 3 years after the law was passed (I.e., by 1993) Inventories of human remains and associated funerary objects By 5 years after the law was passed (I.e., by 1995) Ironically, regulations only issued in 1995

What are NAGPRA summaries and inventories? Summaries are lists of unassociated funerary objects, sacred objects, and objects of cultural patrimony Inventories are descriptions of human remains and associated funerary objects Should be developed in consultation with potential claimants and interested parties Else, how do you know what is, say, sacred? Have to be provided to interested parties (Indian tribes) under specified circumstances Have to be sent to National NAGPRA program office Potential claimants file claims for repatriation with Federal agency or other institution Law specifies order of priority for repatriation Lineal descendents first Culturally affiliated tribes later

What is the prospective portion of NAGPRA? Federal agencies have to consult with tribes before excavating NAGPRA cultural items. Properly, this means consulting in advance of any action that might produce NAGPRA items Can create comprehensive agreements with tribes to minimize disruption to routine business

What did the Kennewick Man Decision find? Found that Federal agencies failed to show that Kennewick Man was Native American within the meaning of the law Because they could not demonstrate any historical connection between the human remains and any modern tribes Therefore, it was covered by ARPA, not NAGPRA

What do state and local laws require Local ordinances, especially zoning, provide local governments the power to control development on private land Some local governments have historic preservation ordinances that provide protection to archaeological sites on private land State Usually regulates state projects and what happens on state lands