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 FIVE
Archaeology and the Law
Most countries have laws designed to protect their
archaeological heritage, and the United States is no exception.
The federal government's concern for the preservation of
archaeological sites began in response to the destruction and
looting of Indian ruins in the West.
Puye Cliff Dwellings, New Mexico.
The Antiquities Act, enacted in 1906, made federal officials
responsible for protecting archaeological sites as public
resources and for combating looting and vandalism. With its
passage, archaeological sites on approximately one-third of the
country's land were afforded protection—at least on paper.
The 1906 act also gave the President the power to establish
national monuments in areas of outstanding scientific and
historical value. The scope of federal involvement in
archaeology and the effects of federal activities outside public
lands increased substantially during the massive public-works
programs of the 1950s. Further public concern for archaeological
preservation exerted itself in the archaeological rescue program
associated with federal reservoir construction in the 1940s to
1960s and the inclusion of archaeological sites among those
protected by the 1966 National Historic Preservation Act.
In order to help deter or apprehend looters in Joshua
Tree National Park, surveillance cameras have been
installed.
In 1979, in response to the failure of the Antiquities Act to
effectively protect archaeological sites, preservationists
successfully lobbied for enactment of the Archaeological
Resources Protection Act (ARPA). This statute expanded the
provisions of the 1906 act by establishing major criminal and
civil penalties for violators. In 1988 ARPA was amended to
simplify prosecutions and to make the intent to loot also a
felony. In addition, the amendments required federal agencies to
undertake surveys of archaeological resources and develop or
expand public-education programs. Many state governments also
have adopted statutes protecting archaeological resources and
regulating archaeological investigations on their lands.
The National Historic Preservation Act and the National
Environmental Policy Act also require federal agencies to
evaluate their actions in light of the impact they will have on
significant archaeological resources. The reviews and
investigations undertaken to comply with these statutes have
resulted in the preservation of substantial numbers of
archaeological sites and important data.
Confiscated artifacts taken from looters.
In 1990 the Native American Graves Protection and Repatriation
Act was passed by Congress and signed into law by President
Bush. It requires federal agencies and most museums in the
United States to inventory the Native American human remains,
burial artifacts, sacred objects, and objects formerly owned
communally by tribes and to offer to return these to Indian
tribes that are clearly affiliated with them. As the law is
implemented during the next decade, more consultation and
cooperation among archaeologists, museums, and American Indians
is likely to develop, to the benefit of all.
This seedjar is an example of 'Red Mesa Black-on-White'
pottery.
Most museums have adopted policies against the buying of
illegally obtained archaeological objects. In reality, however,
most antiquities laws are difficult to enforce, or the status of
imported objects is ambiguous. Solutions to the problems begin
with public awareness. Each individual must accept
responsibility to help protect these resources. There is a vast
difference between looters who dig for financial gain and
avocational archaeologists who may not appreciate the public
loss that results from disturbing a fragile archaeological site
without adequate training, care, and recording. Thus, effective
communication with the general public has become an increasingly
important task for archaeologists.
A Park Service Ranger and Investigator look over the
destruction left by looters.
An excellent example of how cooperation can work comes from
Arkansas. There Charles R. McGimsey III and Hester A. Davis of
the Arkansas Archaeological Survey have established an unusual
certification program. Each summer the survey conducts an
archaeological training program for amateurs. Individuals are
certified by the survey when they complete the training, and
they carry what they have learned to a local archaeological
society to spread appreciation and respect for professional
archaeology and its aims. This has served to reduce looting in
Arkansas, a state now at the forefront in bringing archaeology
to its people.
Disasters such as the Exxon Valdez oil spill in Alaska
have an impact on archaeological sites.
Meanwhile, the destruction of sites continues at an almost
unbelievable pace as industrial plants, housing developments,
and highway networks are built and as land is leveled for
farming and other enterprises. Some hope for saving part of the
past lies in the realm of law—legislation that balances
the necessity for modern improvements and development with the
preservation of archaeological remains. The achievement of this
goal largely depends on the outlook of the federal, state, and
local agencies that control such activities and on the attitude
of private industry. Happily, individual contractors and other
responsible persons in private industry are cooperating with
archaeologists. As a result, instances of sites being excavated
with funds from industry or public agencies have become more and
more frequent in the past two decades.
In the end, archaeology depends on broad public understanding
and support. For this reason, many of the tasks facing
archaeologists today hinge on public relations—the
communication of the relevance of archaeology to our lives.
Is the study of the past really essential? In terms of pure
survival, of course not. Neither is music nor the appreciation
of art—yet both enhance our lives in ways that are
difficult to define. Archaeology has this capacity for
enhancement as well, partly because it helps satisfy the basic
human craving for self-knowledge, partly because that knowledge
helps immensely in addressing the problems of the present. As we
know all too well, these range from the threat of global
environmental depletion to misunderstanding—or sheer
intolerance—between vastly different cultures. What
archaeology offers is at least a glimpse, and in some cases a
fuller understanding, of how some who came before solved these
problems—and how others failed in their effort. That is
what archaeology is all about.
To learn more about topics covered in Chapter 5, visit these
National Park Service Features:
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National Capital Region, Regional Archeology Program:
Learn about the role played by the National Park
Service in the excavation and preservation of
the public's archeological resources, our
nation's patrimony, in Maryland, Virginia, West
Virginia, and the District of Columbia.
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Vanishing Treasures:
This grass-roots initiative tackles the loss of
irreplaceable historic and prehistoric
structures and the skills to maintain these
structures in over 40 southwestern national
parks. The program ensures long-term
preservation of these sites through training a
new generation of craftspeople, many with
cultural and other close ties to these sites.
Visit the VT web site and the affected parks to
learn more about the efforts to repair and
maintain these significant resources.
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America's Landmarks at Risk:
In PDF format, the report provides useful
background information, then details those
National Historic Landmarks that are currently
threatened. It also includes a series of success
stories of NHLs that were previously listed as
endangered, yet were ultimately "saved" for
future generations through the actions and
resourcefulness of American citizens.
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