Cultural Resource Management An Introduction to Federal Heritage Preservation and the Law

What are cultural resources? Archaeological sites. Archaeological sites. Historic sites, buildings, and structures. Historic sites, buildings, and structures. Traditional cultural properties, which include such resources as traditional resource gathering areas, sacred sites. Traditional cultural properties, which include such resources as traditional resource gathering areas, sacred sites. Historic landscapes and viewsheds. Historic landscapes and viewsheds. Museum collections and historical documents Museum collections and historical documents Community values. Community values.

Why do cultural resources need to be “managed?” Population growth and expansion Population growth and expansion Significant land-altering projects that result from the above (housing tracts, shopping malls, highways, dams and reservoirs, extractive industries). Significant land-altering projects that result from the above (housing tracts, shopping malls, highways, dams and reservoirs, extractive industries). Urban renewal projects (“Tear that ugly old building down!”). Urban renewal projects (“Tear that ugly old building down!”). Willful (or sometimes unintentional) destruction of such resources (“pothunting,” bottle hunting, relic collecting, using historic structures for firewood, etc.). Willful (or sometimes unintentional) destruction of such resources (“pothunting,” bottle hunting, relic collecting, using historic structures for firewood, etc.).

Where does one find cultural resources? Anywhere there has been human activity of any sort that leaves some type of physical evidence. Anywhere there has been human activity of any sort that leaves some type of physical evidence. Cultural resources can be as close as next door! Cultural resources can be as close as next door!

How, and under what authorities, are cultural resources managed? Cultural resources specialists (heritage managers, preservationists, preservation program managers) working for federal or state agencies. Cultural resources specialists (heritage managers, preservationists, preservation program managers) working for federal or state agencies. Contract archaeologists, architectural historians, and historians. Contract archaeologists, architectural historians, and historians. Local, non-profit organizations (historical societies, museums, etc.) Local, non-profit organizations (historical societies, museums, etc.)

Federal Authorities that address cultural resources The National Historic Preservation Act of 1966 (NHPA) The National Historic Preservation Act of 1966 (NHPA) The Historic Sites Act The Historic Sites Act Executive Order Executive Order Section 4(f) of the Department of Transportation Act Section 4(f) of the Department of Transportation Act The Antiquities Act of 1906 The Antiquities Act of 1906 The Archaeological Resources Protection Act of 1979 (Amended 1984). The Archaeological Resources Protection Act of 1979 (Amended 1984).

But wait, there’s more! The Archaeological Data Preservation Act of 1974 The Archaeological Data Preservation Act of 1974 The Abandon Shipwreck Act The Abandon Shipwreck Act The American Indian Religious Freedom Act (AIRFA) The American Indian Religious Freedom Act (AIRFA) Executive Order (Indian Sacred Sites) Executive Order (Indian Sacred Sites) Native American Grave Protection and Repatriation Act of 1990 Native American Grave Protection and Repatriation Act of 1990

A Short History of Preservation Law in the U.S. 1800: Congress appropriates $5,000 to buy books to begin Library of Congress. 1800: Congress appropriates $5,000 to buy books to begin Library of Congress. 1906: Congressional approval of the Antiquities Act that made it unlawful to excavate sites on federal lands. 1906: Congressional approval of the Antiquities Act that made it unlawful to excavate sites on federal lands. 1916: National Park Service (NPS) created; management of historic battlefields now its resposibility. 1916: National Park Service (NPS) created; management of historic battlefields now its resposibility.

More history : The Historic Sites Act allows for acquisition and documentation of important historic resources. 1935: The Historic Sites Act allows for acquisition and documentation of important historic resources. 1949: The formation of the National Trust for Historic Preservation, a private sector, non-profit preservation organization, conceived in part by NPS historians. 1949: The formation of the National Trust for Historic Preservation, a private sector, non-profit preservation organization, conceived in part by NPS historians. 1960: Reservoir Salvage Act allows for “salvage archaeology” and documentation of historic neighborhoods by NPS and the Smithsonian. 1960: Reservoir Salvage Act allows for “salvage archaeology” and documentation of historic neighborhoods by NPS and the Smithsonian.

Even more history : National Historic Preservation Act born out of concerns over Kennedy’s Urban Renewal Program and Lady Bird Johnson’s “beautification” program. 1966: National Historic Preservation Act born out of concerns over Kennedy’s Urban Renewal Program and Lady Bird Johnson’s “beautification” program. 1969: National Environmental Policy Act (NEPA) created, favoring environmental protection. 1969: National Environmental Policy Act (NEPA) created, favoring environmental protection. 1972: Executive Order 11593, directing Feds to recognize “eligible” properties under NHPA. 1972: Executive Order 11593, directing Feds to recognize “eligible” properties under NHPA. 1974: Moss-Bennett Act (Archaeological Data Protection Act) expands RSA scope with Feds. 1974: Moss-Bennett Act (Archaeological Data Protection Act) expands RSA scope with Feds.

You guessed it : American Indian Religious Freedom Act enacted. 1978: American Indian Religious Freedom Act enacted. 1979: Archaeological Resources Protection Act passed after Antiquities Act declared “constitutionally vague.” 1979: Archaeological Resources Protection Act passed after Antiquities Act declared “constitutionally vague.” 1980: NHPA amended, including Section : NHPA amended, including Section : ARPA amended to change site damage from “$5,000.00” to “$ ” 1984: ARPA amended to change site damage from “$5,000.00” to “$ ”

Eh, huh : Native American Grave Protection and Repatriation Act—poorly written, and confusing to everyone (what the hell is “cultural patrimony?”). 1990: Native American Grave Protection and Repatriation Act—poorly written, and confusing to everyone (what the hell is “cultural patrimony?”). 1992: NHPA amended again to provide for assistance for tribal preservation programs. 1992: NHPA amended again to provide for assistance for tribal preservation programs.

NHPA and the “Holy Trinity of Historic Preservation.” National Historic Preservation Act created to document “historic properties” by creating the National Register of Historic Places (NRHP). National Historic Preservation Act created to document “historic properties” by creating the National Register of Historic Places (NRHP). Federal agencies become responsible for identifying and nominating properties to the NRHP. Federal agencies become responsible for identifying and nominating properties to the NRHP. NHPA further creates system of checks-and- balances to make certain Feds comply with law and take into consideration the needs and desires of individual states. NHPA further creates system of checks-and- balances to make certain Feds comply with law and take into consideration the needs and desires of individual states.

The Trinity State Historic Preservation Offices (SHPOs). State Historic Preservation Offices (SHPOs). The Federal Agencies (The Feds). The Federal Agencies (The Feds). The Advisory Council on Historic Preservation (ACHP). The Advisory Council on Historic Preservation (ACHP).