Federal Laws and Archaeology

Starting in the mid 1960's, the United States government began to implement a series of laws to protect historical and archaeological sites because of their historical significance. Increasing interest from the general public also figured heavily in the decision to preserve sites. From 1966 to 1990 many laws were passed and subsequently amended that pertained to the preservation and excavation of archaeological sites.

The National Historic Preservation Act (1966) was the first such law to be passed. It was enacted in 1966, and amended in 1970 and 1980. This law called for the establishment of a National Register of Historic Places that would include significant districts, sites, buildings, structures, and objects in American history, architecture, archaeology, and culture. These objects could have significance in a local, state, or national manner. Federal agencies with either direct or indirect control over proposed federal, federally assisted, or federally licensed undertakings needed to examine the projects for impacts to significant resources before funds or licenses are issued. The agencies consider the effect the project will have on the proposed district, site, building, etc. or is already included in the National Register of Historic Places. The Advisory Council on Historic Preservation, whose members are appointed by the President, then looks upon all of these decisions. Each federal agency is held responsible for the historic properties that they own or have an interest in. They are instructed to find, take note of, and nominate sites or objects into the National Register. It is their job to also protect and use the properties in the best possible way they can.

Another law passed in 1966 was the Department of Transportation Act (1966). This law stated that the Secretary of Transportation could not approve any project that would use land that was on the National Register of Historic Places. The only way using historic land would be possible would be if there was no feasible alternative, and if the planning of such a project would minimize harm done to the land. The Department of Transportation Act applies to all activities of the Federal Highway Administration, the Federal Aviation Administration, the Coast Guard, The Urban Mass Administration, and the Federal Railroad Administration. Some properties that are not on the National Register, such as local landmarks, are also covered in this legislation.

Protection of the environment is an issue that has been helped by federal laws. One law is the Protection and Enhancement of the Cultural Environment Executive Order (1971). Every Executive Branch agency is required to make a list of cultural resources that they are trustees of. They also need to protect and preserve their cultural resources and make sure the agency's activities contribute to this preservation. These resources are considered as archaeological, architectural, and historical properties. The National Environmental Policy Act (1969) is another law which helps regulate activities that affect the environment. Federal agencies have to write an environmental impact statement (EIS) for all major federal actions affecting both the natural and man-made environment.

The major laws pertaining to archaeology came in the late 1970's, 1980's and early 1990's. In 1979, the Archaeological Resources Protection Act was passed. It covers all land that the United States holds and Native American lands, which are held in trust by the U.S. This law's purpose is to protect archaeological resources on both federal and Native American lands. The act was amended nine years later. The many provisions of this law include the definition of archaeological resources and how to go about researching them. A location can only be deemed as an archaeological resource if material remains of past human life or activities are found. These items must be at least 100 years old and contain information dealing with human life or activities. No archaeological excavations can take place on federal or Native American land without a permit. If any part of this law is broken, resources, equipment, and vehicles used in the violation can be forfeited. Nothing that has been found on federal or Native American lands can be sold, exchanged, etc. Fines of up to $100,000 and prison time of up to five years could be handed out for breaking these provisions.

One of the later laws was the Native American Graves Protection and Repatriation Act of 1990. Museums and agencies that receive federal funding must keep and inventory all human remains, funerary objects, and sacred objects. Federally recognized Native American Tribes, including Native Hawaiian organizations can repatriate these items. A federal agency or tribe must deal with any graves that are inadvertently discovered. They then contact the affiliated Native American group.

References

Archaeology Fieldwork: The Law and Archaeology. http://www.archaeologyfieldwork.com/law.htm

Federal Archaeology Laws and Regulations http://www.nps.gov/history/local-law/FHPL_HistPrsrvt.pdf

Historical Preservation, Archaeology, Culture and Recreation, Laws http://www.thecre.com/fedlaw/default.htm

Laws, Regulations, Standards and Conventions Related to Cultural Resources http://www.cr.nps.gov/linklaws.htm

Written by: Matt Bune

Edited by: Emily Hildebrant, 2008