1. Midterm Review
Public Archaeology

2. 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

3. 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

4. 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

5. 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

6. 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.

7. 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

8. 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

9. 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

10. 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

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

12. 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

13. 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

14. 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?

15. 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

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

17. 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

18. 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

19. 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

20. 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)

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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