National Park Service Organic Act of 1916

Enactment of the National Park Service Organic Act, 16 USC 1, in 1916 follows the intent of the Antiquities Act by establishing the National Park Service. The act created an agency with the mission to protect, conserve, and preserve both natural and cultural resources on public lands for future generations (King 1998:13). Establishing the National Park Service allowed for the regulation of designated areas as national parks, monuments, and reservations. According to the Act, the main purpose of the National Park Service is to “conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such mans as well leave them unimpaired for the enjoyment of future generations (United States Congress 1916:1). As cultural resource managers, archaeologists, and/or concerned citizens, it is our duty to ensure that the National Park Service, and the Department of the Interior as a whole, keep to this promise of keeping our parks and national monuments protected and preserved for future generations.

King, Thomas F.

2000 Federal Planning and Historic Places: The Section 106 Process. Altamira Press, New York.

United States Congress

1916 The National Park Service Organic Act: 16 USC 1, 2, 3, 4, August 25, 1916. Washington, D.C. U.S. Government Printing Office.

The National Historic Preservation Act (NHPA)

The following may be a bit dry, but I love this stuff (i.e. I’m a huge CRM legislation nerd) . . .

What is the NHPA?

A major piece of cultural resource management legislation that provided laws for the protection of cultural resources and identified the need for increased public knowledge of cultural resources was the National Historic Preservation Act (NHPA). The Urban Renewal Program launched by the Kennedy administration increased the destruction of natural and cultural resources (King 1998:15). City slums, which were once historic centers, were destroyed in the name of progress. As King (2000:16) notes, federal agencies “damaged or destroyed stuff that people valued because it embodied their history. . .This was sometimes necessary; the old often, maybe usually, had to make way for the new.” First lady Johnson coordinated a program during the Johnson administration to create a comprehensive report on historic preservation needs. The report recommended that Congress should create a national historic preservation program, outlining the legislative provisions in the National Historic Preservation Act (King 1998:15).

Signed into law by President Johnson on October 15, 1966, the National Historic Preservation Act established a process for preserving United States historic heritage, including historic properties. Congress declared in Section 1(b)(1)(3) that “ the spirit and direction of the Nation are founded upon and reflected in historic heritage. . . historic properties significant to the Nation’s heritage are being lost or substantially altered, often inadvertently, with increasing frequency” (United States Congress 1966:1). Government agencies would now have a compliance process that forced them to think and plan before inadvertently or purposefully destroy a property of significance on public lands. Such properties include both prehistoric and historic archaeological sites and historic buildings. Section 106 of the Act provides the specific compliance process for any Federal undertaking. As for public education, the Act sets provisions to not only protect and preserve significant properties for the benefit of the public, but also endeavors to involve the public.

NHPA and Public Outreach

Did you know that there is language in the law to provide education and outreach to the public? The language of the National Historic Preservation Act is explicit in stating the importance of preserving historic heritage for the public before it is lost through “progress.” The Act also states in Section 1(b)(2), “the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people” (United States Congress 1966:1). Therefore, “the preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, aesthetic, inspirational . . .will be maintained and enriched for future generations of Americans” (United States Congress 1966:1). In order to pique public interest in historic heritage, Section 101(3)(G) states that designated State Historic Preservation Officers (SHPO) have the responsibility to provide the public information, education, training, and any technical assisted needed in historic preservation (United States Congress 1966:7). Section 401 describes the necessity of a coordinated National initiative to promote research, provide training, and distribute information on preservation (United States Congress 1966:43). Consequently, education is crucial for the public to understand the preservation process.

The Act does make provisions for public involvement during the Section 106 process to voice concern of the potentially negative effects of an undertaking on a significant property. Section 110(2)(E)(ii) of the Act notes that consultation with the interested public, including Indian tribes, is necessary in the identification and evaluation of historic properties (United States Congress 1966:21). SHPO developed education programs on historic preservation, as well as the National initiative to promote training in historic preservation, have the potential to provide the public with the necessary information to become a major voice during the Section 106 consultation process.  The public has every right to demand a role in the compliance process and expect the government to hear their voice, due to the process outlined by Section 106.

King, Thomas F.

2000 Federal Planning and Historic Places: The Section 106 Process. Altamira Press, New York.

United States Congress

1966 National Historic Preservation Act of 1966:16 USC 470, October 15, 1966. Washington, D.C. U.S. Government Printing Office.

Links:

https://www.nps.gov/history/local-law/nhpa1966.htm

 

A (Very Brief) History Leading Up to Current CRM Legislation

Interest in academic archaeology in service of the government and public in the United States can be traced to Thomas Jefferson in 1799 (Schroeder 2009:169). While president of the American Philosophical Society, Jefferson asked the organization to record antiquities before such artifacts were lost to future generations. Examples of both government and civic preservation include the protection of ancient earthen mounds throughout the Midwest (Schroeder 2009:172). The Ohio Company designated ancient mounds and earthworks in Ohio as important public places for preservation. However, unlike modern legislation in cultural resource management, government intervention was minimal until the 19th century and the pressure placed on the government by the concerned public over destroyed historic and prehistoric ruins. As Schroeder (2009:172), “most of the earliest efforts at preservation were accomplished by communities, civic groups, and other organizations exerting efforts to assure the protection of ancient monuments.”

During the 19th century, with the growing popularity of antiquities collections, European museums tended to focus on craft demonstration in order to generate a greater interest in antique material than the cultural aspect of material culture. However, American museums and preservation societies focused on material culture as opposed to artifact demonstrations, especially with historic houses (Anderson 1982:292). By the mid-19th century, Americans were keen on historic preservation efforts. This effort was rooted in the need to preserve what civic leaders and middle-class professionals considered to be traditional American beliefs and cultural values. Groups like Sons of the American Revolution and Society for the Preservation of New England Antiquities hoped to create a sort of shrine to the past, idealizing of the nation’s founding fathers and influential sites from the American Revolution (Durel 1986:230). Historic houses, such as George Washington’s home of Mt. Vernon, provided tangible access to the past, demonstrating a need for continued preservation of historic places and presenting history to the public.

Three major exhibitions brought Indian antiquities to the forefront: the Columbian Historical Exposition of 1892 in Madrid, Spain, and the 1904 World’s Columbian Exposition of in Chicago and the Louisiana Purchase Exposition in St. Louis, Missouri (Thompson 2000:210). The exhibitions displayed the material remains of recently excavated regions of the American Southwest. The display of Indian antiquities romanticized the American west and generated a demand for Indian antiquities and art. Growing interest in archaeological materials led to looting of ancient ruins in the American southwest with the discovery of monumental ruins such as the Mesa Verde Cliff dwellings in Colorado (Hutt et al. 1992:19). Railroad construction during the mid to late 19th century, “facilitated long-distance shipping of goods, including large, fragile collections of archaeological materials, which previously had been transported in wagons” (Hutt et al. 1992:19).

Public concern with the destruction of antiquities and the growing professionalization of anthropology provided a role for the government in preservation and archaeology. For example, Casa Grande in southern Arizona was the first federally preserved prehistoric archaeological site in 1892, due to petitions to Congress by supporters of preservation (Schroeder 2009:172). The need for federal legislation was brought to the forefront by archaeologist Edgar Lee Hewett. Knowing key members of Congress and professional societies, Hewett was appointed a member of the American Anthropological Association (AAA) to work towards creating antiquities legislation (Thompson 2000:236). Hewett’s work the AAA helped establish the language of the Antiquities Act of 1906 and the groundwork for future cultural resource management legislation. And the rest is history.

Important Cultural Resource Legislation in the United States

  • Antiquities of 1906
  • Organic Act of 1916
  • Historic Sites, Buildings, and Antiquities Act of 1935
  • Reservoir Salvage Act of 1960
  • National Historic Preservation Act of 1966
  • National Environmental Policy Act of 1969
  • Archaeological Resources Protection Act of 1979
  • Native American Graves Protection and Repatriation Act of 1990

References Cited

Anderson, Jay

1984 Time Machines: The World of Living History. The American Association for State and Local History, Nashville.

Durel, John W.

1986 The Past: A Thing to Study, a Place to Go. In Public History: An Introduction, edited by Barbara J. Howe and Emory L. Kemp. Robert E. Krieger Publishing Company, Malabar.

Hutt, Sherry, Elwood W. Jones, and Martin E. McAllister

1992 Archaeological Resource Protection. The Preservation Press, National Trust for Historic Preservation, Washington, D.C.

Schroeder, Sissel

2009 Thinking About a Public and Multidisciplinary Archaeology. Reviews in Anthropology 38: 166-194.

Thompson, Raymond Harris

2000 The Antiquities Act of 1906 by Ronald Freeman Lee. Journal of the Southwest 42(2): 197-269.

A Resource Law With Teeth: The Archaeological Resources Protection Act of 1979

ARPA-nator

This is the script from an episode I wrote and recorded for the ARCH365 Podcast on the Archaeology Podcast Network (APN) – Click Here to Listen!

On October 31st, 1979, the Archaeological Resources Protection Act, otherwise known as ARPA, was signed into law by President Carter. You might be asking yourself, so what? What’s so important about ARPA? Before ARPA, there was very little archaeologists could do to prosecute looters of archaeological sites in the United States. The Antiquities Act of 1906 was the first real US cultural resource management law, but by the 1970s, it was, well, antiquated.

What is ARPA all about?

The need to better protect archaeological resources came to the forefront in several court cases that showcased how ineffectual the Antiquities Act was in prosecuting those caught looting archaeological sites.   One case, U.S. vs Diaz pretty much declared the act unconstitutional. Something had to be done! People were getting away with damaging sites and stealing artifacts. In a later discussion on the development of ARPA, archaeologist Janet L. Friedman (Friedman 1985) wrote:

“The birth and growth of the Archaeological Resources Protection Act was a chronicle of self-righteous special interests, jealous turf-protectors, and conflicting value systems. For every archeologist devoted to protecting irreplaceable sites, there was a metal-detector manufacturer equally devoted to protecting the rights of hobbyists. For each conservationist dedicated to saving sites for all of the people, there was an enthusiast dedicated to making arrowhead collecting available to the individual.”

Fortunately, Congress took action with the help of the Society of American Archaeology, Department of the Interior, Department of Agriculture, the Department of Defense and the Tennessee Valley authority. And the law came into fruition.

The first sentence of ARPA really breaks down the law to its primary purpose: ‘to protect archaeological resources on public lands and Indian lands, and for other purposes.’ Public lands are anything regulated by the U.S. government, like the National Park Service, Forest Service, Bureau of Land Management, and so on.

The key points of ARPA

  • The law provides a variety of definitions, such as what is an archaeological resource, and what constitutes public lands.
  • Outlines a rigorous permitting system to conduct archaeological excavations.
  • Allows Native American tribes to issue or deny archaeological permits for work proposed on Indian lands.
  • Mandates that all federal agencies must consult with Native American tribes before issuing permits.
  • Provides clear and severe penalties for the looting and/or vandalism of sites. That can include a fine up to $20,000 and jail time for two years for first time offenders!
  • And, outlaws the trafficking illegally obtained archaeological resources.

So, if you’re walking along on a nice National Park Service trail and you spot a really cool projectile point or pottery fragment—can you take it? Or, if you’re visiting someplace like Mesa Verde, can you sit on the walls or carve your name near some rock art? Or, can you conduct your own so-called excavation on some site you found on Forest Service lands? With ARPA, the answer is a resounding NO! Not only could you receive a fine, you could go to jail. And you don’t want to tell people you went to jail for taking artifacts or harming a site, now would you? Thanks, ARPA!

Arch365 2017