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The Laws and Ethics | |
|
The Laws and Ethics | |
Antiquities Act
Passed: 1906
This law states that federal officials are responsible for protecting archaeological sites as public
resources as well as combating against looting and vandalism.
Natural Historic Preservation Act
Passed: 1966 (Amended 1970 and 1980)
This law called for a National register of Historic Places, including districts, sites, buildings,
structures, and objects which are significant in American history, architecture, archaeology and culture.
This includes all local, state and national issues. It also required that an Advisory Council on Historic
Preservation be created to oversee all decisions as well as protecting
and using all property in the best
way possible.
Archaeological Resources Protection Act (ARPA)
Passed: 1979
This law further elaborates on the 1906 Antiquities Act. Its purpose is to protect archaeological
resources on all federal and Native American lands. It both defines archaeological resources, as being at
least 100 years old and of past human life or activities, and instructs how to research these resources.
It also notes that it is forbidden to explore a site on Native American or American soil without a
permit. If caught, a person may be punished with either a fine or jail time.
Native American Graves Protection and Repatriation Act (NAGPRA)
Passed: 1990
This law states that all agencies must keep an inventory of human remains, funerary objects, and scared
objects as well as contacting any local tribes of objects in their collections or found in any site. It
also allows Native American tribes to repatriate these items.
Protection and Enhancement of the Cultural Environment
Passed: 1971
This Executive Order mandates that all Executive Branch agencies, bureaus, and offices:
1) compile an inventory of the cultural resources--archaeological, architectural and historical
properties,
sites and districts--for which they are trustee; 2) nominate all eligible government properties to the
National Register of Historic Places; 3) preserve and protect their cultural resources; and 4) insure
that
agency activities contribute to the preservation and protection of non-federally owned cultural
resources.
Cultural Property Implementation Act
Passed: 1983
The Convention on Cultural Property Implementation Act enables the
United States to implement the 1970 UNESCO (United Nations Educational, Scientific and
Cultural Organization)Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property. The Act allows the United States to impose
import restrictions on certain categories of archaeological or ethnological
material, the pillage of which places a nation's cultural patrimony in
jeopardy. The ultimate goal of this international framework of cooperation
is to reduce the incentive for pillage which causes an irretrievable
loss of information about our universal heritage. The U.S. was the first
major art-importing country to ratify the 1970 UNESCO Convention.
Department of Transportation Act
Passed: 1966
Section 4(f) of the act provides that the Secretary of Transportation:
...not approve any program or project which requires the use of...any land from an historic
site of national, State or local significance as...determined...by the Federal, State or local
officials having jurisdiction thereof unless (1) there is no feasible and prudent alternative to
the use of such land, and (2) such program includes all possible planning to minimize harm
to such...historic site resulting from such use.
This section applies to all activities of the Department of Transportation including the Federal Highway
Administration, the Federal Aviation Administration, the Coast Guard, the Urban Mass Transportation
Administration and the Federal Railroad Administration among others.
Abandoned Shipwreck Act
Passed 1987
Under the Abandoned Shipwreck Act (ASA), the U.S. Government asserted title to three categories of
abandoned shipwrecks: abandoned shipwrecks embedded in a State's submerged lands; abandoned
shipwrecks embedded in coralline formations protected by a State on its submerged lands; and abandoned
shipwrecks located on a State's submerged lands and included in or determined eligible for inclusion in
the
National Register of Historic Places. Guidelines prepared to implement ASA are intended to maximize the
enhancement of cultural resources;foster a partnership among sport divers, fishermen, archaeologists,
salvors, and other interests to manage shipwreck resources; facilitate access and utilization by
recreational interests; and recognize the interests of individuals and groups engaged in shipwreck
discovery and salvage.
Principle No. 2:
Accountability
Responsible archaeological research, including all levels of professional activity, requires an
acknowledgment of public accountability and a commitment to make every reasonable effort, in good faith,
to consult actively with affected group(s), with the goal of establishing a working relationship that can
be beneficial to all parties involved.
Principle No. 3:
Commercialization
The Society for American Archaeology has long
recognized that the buying and selling of objects out of
archaeological context is contributing to the
destruction of the archaeological record on the
American continents and around the world. The
commercialization of archaeological objects - their use
as commodities to be exploited for personal enjoyment
or profit - results in the destruction of archaeological
sites and of contextual information that is essential to
understanding the archaeological record.
Archaeologists should therefore carefully weigh the
benefits to scholarship of a project against the costs of
potentially enhancing the commercial value of
archaeological objects. Whenever possible they should
discourage, and should themselves avoid, activities
that enhance the commercial value of archaeological
objects, especially objects that are not curated in
public institutions, or readily available for scientific
study, public interpretation, and display.
Principle No. 4:
Public Education and
Outreach
Archaeologists should reach out to, and participate in
cooperative efforts with others interested in the
archaeological record with the aim of improving the
preservation, protection, and interpretation of the
record. In particular, archaeologists should undertake
to: 1) enlist public support for the stewardship of the
archaeological record; 2) explain and promote the use
of archaeological methods and techniques in
understanding human behavior and culture; and 3)
communicate archaeological interpretations of the
past. Many publics exist for archaeology including
students and teachers; Native Americans and other
ethnic, religious, and cultural groups who find in the
archaeological record important aspects of their
cultural heritage; lawmakers and government j reporters, journalists, and
others involved in the
media; and the general public. Archaeologists who are
unable to undertake public education and outreach
directly should encourage and support the efforts of
others in these activities.
Principle No. 5:
Intellectual Property
Intellectual property, as contained in the knowledge
and documents created through the study of
archaeological resources, is part of the archaeological
record. As such it should be treated in accord with the
principles of stewardship rather than as a matter of
personal possession. If there is a compelling reason,
and no legal restrictions or strong countervailing
interests, a researcher may have primary access to
original materials and documents for a limited and
reasonable time, after which these materials and
documents must be made available to others.
Principle No. 6:
Public Reporting and
Publication
Within a reasonable time, the knowledge of
archaeologists gain from investigation of the
archaeological record must be presented in accessible
form (through publication or other means) to as wide a
range of interested publics as possible. The documents
and materials on which publication and other forms of
public reporting are based should be deposited in a
suitable place for permanent safekeeping. An interest
in preserving and protecting in situ archaeological sites
must be taken in to account when publishing and
distributing information about their nature and
location.
Principle No. 7:
Records and
Preservation
Archaeologists should work actively for the
preservation of, and long term access to,
archaeological collections, records, and reports. To this
end, they should encourage colleagues, students, and
others to make responsible use of collections, records,
and reports in their research as one means of
preserving the in situ archaeological record, and of
increasing the care and attention given to that portion
of the archaeological record which has been removed
and incorporated into archaeological collections,
records, and reports.
Principle No. 8:
Training and Resources
Given the destructive nature of most archaeological
investigations, archaeologists must ensure that they
have adequate training, experience, facilities, and
other support necessary to conduct any program of
research they initiate in a manner consistent with the
foregoing principles and contemporary standards of
professional practice.