Anthropology 549/449

CULTURAL RESOURCE MANAGEMENT

Spring 2008, updated 6/4/08

Class Meetings: Tuesdays, 2:00-4:50 PM
Instructor: Professor Madonna Moss
Office: 327 Condon Hall Office Hours: Fridays: 2:00-3:00
PM (except for week 2)
Telephone: 346-6076 Email:
mmoss@uoregon.edu

 Course Description

This is a course in what it takes to actually do archaeology in today's world. As many as 80% of the people who find jobs in archaeology will work in cultural resource management (Newmann & Sanford 2001), and many archaeologists will work exclusively in CRM for sustained periods of their careers. In the United States, 85% of funds spent on archaeology do so in a CRM context (Schuldenrein 1998:33). The over-arching goal of CRM is to design and carry out scientific studies under applicable preservation and environmental laws, to conserve cultural resources through avoidance of destruction, and to recover and preserve information through data recovery when destruction is unavoidable. This course will introduce students to the objectives of CRM work and the methods of designing research in the CRM context that will make contributions to our knowledge of the past. We will address the myriad considerations modern archaeologists confront in our efforts to carry out archaeological research within a complex legal and ethical framework. We will trace how the legal framework for archaeological work in the United States has developed, and how contemporary archaeological research is conducted in compliance with federal and state laws and regulations. In this seminar, you will gain a working knowledge of the legal basis for doing public archaeology, and will learn how to use existing regulations and guidance to design and carry out research. We will also address research ethics throughout the term in a variety of ways:

1) accountability: What are our responsibilities to the archaeological record, to fellow professionals, to the public who pays the bills, and to the Native Americans and other descendant communities who are affiliated with the materials we study? How can we more effectively convey the value of archaeology to various stakeholders in the archaeological process? How can we justify archaeology to disinterested groups?

2) looting and commercialization: How widespread is the theft of archaeological materials and vandalism of archaeological sites in the United States? How can we educate the public (including law enforcement personnel, juries, and judges) about the value of archaeological site protection and preservation? How does the situation in the U.S. compare to that elsewhere in the world?

3) the relationship between archaeologists and descendant communities: Why is there antagonism toward archaeologists in some parts of Indian country? How can archaeologists and Native Americans effectively work together to protect archaeological and sacred sites and reduce looting and vandalism? What is the new context for addressing issues of reburial and repatriation of human remains and associated artifacts? How can archaeology itself be transformed and enriched through genuine collaboration with Native Americans? How are Native American archaeologists influencing the direction of CRM and the discipline of archaeology more generally?

Requirements

This is a seminar in which the responsibility for success is shared equally among us. The field of CRM has grown increasingly complex in recent years. An enormous amount of background information and reading relevant to this class is now available. In previous incarnations of this course, I compiled a massive packet, which we called the "Desk Reference," as it contained the full text of the most important federal and Oregon laws, regulations, and guidelines. These laws, regulations, and guidelines have become accessible on the internet, so in an effort to save expense to students, you can access these authorities through the online syllabus.

Class attendance is mandatory, and because class meetings will be devoted to seminar discussion rather than lecture, it is essential that you keep up with the readings and come to class prepared to engage in lively and critical discussion of the material. If you miss a class, it will detract from your grade.

Required Texts

King, Thomas F. 2004 Cultural Resource Laws & Practice: an Introductory Guide. (2nd ed.) Altamira, Walnut Creek, CA.

Mihesuah, Devon A. (editor) 2000 Repatriation Reader: Who Owns American Indian Remains? University of Nebraska Press, Lincoln.

Additional readings are posted on Blackboard under "Course Documents" in weekly folders. They are listed below in alphabetical order.

Anonymous (1990) The Current Times. Indian-Artifact Magazine vol. 9-1:1.

Anschuetz, Kurt F. Richard H. Wilshusen, and Cherie L. Scheick (2001) An Archaeology of Landscapes: Perspectives and Directions. Journal of Archaeological Research 9(2):157-211.

Bender, Barbara (2002) Time and Landscape. Current Anthropology 43 (supplement):S103-S112.

Feld, Steven and Keith Basso (1997) Wisdom Sits in Places: Notes on a Western Apache Landscape . In Senses of Place, edited by Steven Feld and Keith Basso, pp. 53-90. School of American Research Press, Santa Fe.

Ferguson, T. J. 1996 Native Americans and the Practice of Archaeology. Annual Review of Anthropology 25: 63-79.

Griffin, Dennis and T. E. Churchill (2003) Cultural Resource Management in the Pacific Northwest: Working within the Process. Journal of Northwest Anthropology 37(1):27-42.

National Park Service (2007) NPS Draft Regulations on Culturally Unidentifiable Human Remains, October 16, 2007.

Society for American Archaeology (2007) SAA Statement on the Department of the Interior Proposed Rule for Disposition of Culturally Unidentifiable Human Remain , November 10, 2007.

Watkins, Joe E. (2003) Beyond the Margin: American Indians, First Nations, and Archaeology in North America. American Antiquity 68:273-285.

Watkins, Joe E. (2004 ) Becoming American or Becoming Indian? NAGPRA, Kennewick, and Cultural Affiliation. Journal of Social Archaeology 4(1):60-80.

Westfall, Tom (2004) A Lifetime of Memories. Indian-Artifact Magazine 23-4.
 

Required Internet Resources

Please see that the class schedule includes references to required reading on the Web. In most cases, these are comprised of pertinent federal laws, regulations, and guidelines. Be sure to budget adequate time for this reading; some documents are rather long. The assigned web reading for this class is approximately 800 conventional pages, but some portions of the regulations and guidelines you can just peruse. 

Recommended Texts

Craib, Donald Forsyth (ed.) 2000 Topics in Cultural Resource Law. Society for American Archaeology, Washington, D.C.

Derry, Linda and Maureen Malloy (eds.) 2003 Archaeologists and Local Communities: Partners in Exploring the Past. Society for American Archaeology, Washington, D.C.

Dongoske, Kurt E., Mark Aldenderfer, and Karen Doebner (eds.) 2000 Working Togeether: Native Americans and Archaeologists. Society for American Archaeology, Washington, D.C.

Kerber, Jordan E. (ed.) 1994 Cultural Resource Management: Archaeological Research, Preservation Planning, and Public Education in the Northeastern United States. Bergin & Garvey, Westport, CN.

King, Thomas F. 2000 Federal Planning and Historic Places: the Section 106 Process. Altamira, Walnut Creek, CA.

King, Thomas F. 2002 Thinking about Cultural Resource Management: Essays from the Edge. Altamira, Walnut Creek, CA.

King, Thomas F. 2003 Places that Count: Traditional Cultural Properties in Cultural Resource Management. Altamira Press, Walnut Creek, CA.

Lynott, Mark J. and Alison Wylie 1995 Ethics in American Archaeology: Challenges for the 1990s. Society for American Archaeology, Washington, D.C.

Messenger, Phyllis Mauch (editor) 1999 Whose Property Whose Culture? The Ethics of Collecting Cultural Property. University of New Mexico Press, Albuquerque.

Neumann, Thomas W. and Robert M. Sanford 2001 Cultural Resources Archaeology: An Introduction. Altamira, Walnut Creek, CA.

Renfrew, Colin 2000 Loot, Legitimacy and Ownership. Duckworth, London.

Skaetes, Robin 2000 Debating the Archaeological Heritage. Duckworth, London.

Swidler, N. , K. E. Dongoske, R. Anyon, and A. S. Downer (eds) 1997 Native Americans and Archaeologists: Stepping Stones to Common Ground. Altamira, Walnut Creek, CA.

Vitelli, Karen (editor) 1996 Archaeological Ethics. Altamira, Walnut Creek, CA. 

Watkins, Joe 2000 Indigenous Archaeology: American Indian Values and Scientific Practice. Altamira, Walnut Creek, CA.

Grading for Undergraduates

Grading for undergraduates will be based on a percentage of 200 points:

Attendance

20

Participation

40

Monday Assignments

Due 4/7, 4/14, 4/21, 5/5, 5/12, 5/19, 5/26, 6/2; each student does six of eight, 20 points each

120

National Register Criteria Paper

Due April 4/29

20

Monday Assignments

These short assignments are due by 5:00 pm on the Monday preceding the Tuesday class during which they will be discussed. This will require you to have accomplished all the reading a few days before our class meeting, so plan accordingly. Having these assignments due on Mondays will allow me to think about them in preparation for class. These are short assignments (2-3 typewritten pages) and can take any of the following formats depending on your interest:

  • questions raised by the week's readings - see if you can find the answers to such questions by reading or searching on the web.
  • a discussion of topics worth special attention.
  • the results of outside research on a specific question raised in a previous class and related to the week's readings
  • a critique or critical commentary on the assigned readings.

There are seven weeks on which Monday assignments are due. Undergraduates must hand in these writing assignments on six of the seven weeks, graduate students on five of seven weeks. Send these assignments to Professor Moss by email no later than 5 pm on Mondays.  No late assignments can be accepted.

Grading for Graduate Students

Grading for graduate students will be based on a percentage of 250 points:

Attendance

20

Participation

40

Monday Assignments

Due 4/7, 4/14, 4/21, 5/5, 5/12, 5/19, 5/26, 6/2; each student does five of eight, 20 points each

100

National Register Criteria Paper

Due April 29

20

Final Project Abstract

Due May 13

10

Final Project

Due 5:00 pm, June 10

60

Final Project - Graduates

Graduate students are required to write a final paper or complete a portion of a larger project on which you may be working. This can take the form of a research paper or it can be a research design for work you propose to do. I would like you to accomplish something practical that integrates the CRM content of this course. In the past, ANTH 549 students have done the following:

  • developed a research design for an unanalyzed museum collection
  • developed a research design for Master's or Ph.D. fieldwork
  • compiled the documentation for a National Register nomination
  • developed the historic context statement for a National Register-eligible site
  • surveyed resources available for incorporating archaeology into school curricula
  • pursued a topic (such as looting or commercial sale of antiquities) in an international context
  • researched the CRM or heritage laws in a country other than the U.S.

Submit a one-page abstract of your project and list of references, no later than May 13th. The final project is due June 10th.

Course Outline and Schedule 

April 1 - Course Introduction, Orientation to Internet Resources

Course overview, orientation to federal laws, regulations, and guidance on the internet.

April 8 - Cultural Landscapes as Heritage - Ph.D. student Melissa Baird will lead class in my absence.

Read Anschuetz et al. (2001), Feld and Basso (1997), Bender (2002).

Discuss readings, view film: In the Light of Reverence; discuss film in context of readings.

April 15 - The Legal Framework for CRM in the United States

Read King (2004) pp. 1-80; on internet: Antiquities Act of 1906, Historic Sites Act of 1935, NHPA of 1966, AHPA of 1974, http://www.nps.gov/archeology/tools/laws/index.htm; Historic Sites Act at http://www.nps.gov/history/local-law/FHPL_HistSites.pdf
 

April 22 - Section 106 of National Historic Preservation Act

Read King (2004) pp. 81-190; on internet: NHPA of 1966, 36 CFR 800, 36 CFR 60, 36 CFR 63: http://www.nps.gov/archeology/tools/laws/index.htm and for the CFRs http://www.nps.gov/history/nr/regulations.htm and http://www.access.gpo.gov/nara/cfr/waisidx_02/36cfr63_02.html and http://www.achp.gov/regs-rev04.pdf ; browse contact information on SHPOs and THPOs, http://www.achp.gov/shpo.html, click on "National Conference of State Historic Preservation Officer's SHPO list", and http://www.achp.gov/thpo.html and click on "National Park Service's THPO list."

See also: Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites, http://www.achp.gov/archguide/html

I will pass out Rosemont Lake Case Study - Assignment for April 29.

April 29 - National Register of Historic Places

WWW reading: http://www.cr.nps.gov/nr/ background on National Register and multiple property submissions, also National Register Bulletins 15, 16A, 16B, 38 at http://www.cr.nps.gov/nr/publications/ Click on "Bulletins and Brochures" on the left to see Bulletins.

Rosemont Lake Case Study Assignment

Assignment Due:

Use the National Register criteria to determine the eligibility of properties located within the Rosemont Lake area.
Accept the fact that The Rosemont Case Study provides limited information. Evaluate the significance of the identified properties. Which properties are eligible to the National Register of Historic Places? In your discussion, make explicit reference to the National Register criteria. In addition to using definitions and understandings outlined in King (1998), be sure to use the guidance in National Register Bulletins 15 and 38. In some cases, you may also have to consider how integrity and the criteria considerations come into play. Papers should be 4-6 pages. We will discuss these evaluations in class.

After this discussion, we will view Through the Generations: Identifying and Protecting Traditional Cultural Places, to reinforce how National Register Bulletin #38 expanded the criteria used to determine eligibility of traditional cultural properties.
 

May 6 - The Legal Context for Addressing American Indian Values

Read Ferguson (1996); Watkins (2003).

Internet reading: American Indian Religious Freedom Act and 1994 amendments http://www.nps.gov/history/local-law/FHPL_IndianRelFreAct.pdf; National Register Bulletin #38, NAGPRA of 1990, National Museum of the American Indian Act of 1989 http://www.cr.nps.gov/nr/publications/ and see also http://www.anthropology.si.edu/repatriation/index.htm ; see also and click on NMAI Act.

May 13 - Archaeological Resource Protection Act - Looting, Vandalism

WWW reading: ARPA of 1979, 43 CFR 7, http://www.cr.nps.gov/linklaws.htm#LAW.

Read: Anonymous (1990); Westfall (2004); From Mihesuah (2000), read her Introduction and chapters by Mallouf, Mihesuah, Hinsley
 

May 20 - Repatriation I

Read King (2004) pp. 191-209 and text of NAGRPA http://www.nps.gov/history/nagpra/MANDATES/25USC3001etseq.htm.

Read: From Mihesuah (2000), read papers by Bieder, Riding-In, Trope & Echo-Hawk, Klesart & Powell.

Peruse NAGPRA database: http://www.nps.gov/history/nagpra/ONLINEDB/INDEX.HTM

May 27 - Repatriation II

Read papers in Mihesuah (2000) by Ferguson et al., Jacknis, Dongoske, Zimmerman; also National Park Service (2007) and Society for American Archaeology (2007), Watkins (2004)
 

June 3 - Bringing it All Together

Read: Griffin and Churchill (2003); internet reading: review 36 CFR 800, Archaeology and Historic Preservation, see http://www.achp.gov/regs-rev04.pdf; Secretary of Interior's Professional Qualifications Standards, see http://www.nps.gov/history/local-law/arch_stnds_9.htm. For Oregon laws and administrative rules (listed below) see http://egov.oregon.gov/OPRD/HCD/SHPO/programs_laws.shtml and links to:

  • ORS 97.740 et seq. Indian Graves and Protected Objects
  • ORS 358.905 et seq. Archaeological Objects and Sites
  • ORS 390.235 et seq. Archaeological Sites and Historical Materials
  • OAR 736-051 Archaeological permits

Peruse King (2004) pp. 209-339
 

June 10 - Final Paper Due (graduate students only)

 

If you have a documented disability and anticipate needing accommodation in this course, please contact me soon. Please also request that the Counselor for Students with Disabilities send a letter verifying your disability.
 

Reference Documents

Legislation

  • Antiquities Act of 1906 (16 U.S.C. 431-433)
  • Historic Sites Act of 1935 (16 U.S.C. 461-467)
  • National Historic Preservation Act of 1966, as amended in 1992, 1999 (16 U.S.C. 470-470t, 110)
  • National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347)
  • Archaeological and Historic Preservation Act of 1974, "Moss-Bennett" Act (16 U.S.C. 469)
  • American Indian Religious Freedom Act of 1978 (42 U.S.C. 1996-1996a)
  • American Indian Religious Freedom Act Amendments of 1994 (P.L. 103-344)
  • Archaeological Resources Protection Act of 1979, as amended (16 U.S.C. 470aa-470ll)
  • National Museum of the American Indian Act of 1989 (P.L. 101-185) see http://www.nmai.si.edu/subpage.cfm?subpage=collaboration&second=repatriation find text of law under "History of Repatriation at NMAI".
  • Native American Grave Protection and Repatriation Act of 1990 (P.L. 101-601)
  • 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (19 U.S.C. 2601)
  • Executive Order 11593 Protection and Enhancement of the Cultural Environment (1971)
  • Executive Order 13007 Indian Sacred Sites (1996) 

Regulations

  • 36 CFR 60 National Register of Historic Places
  • 36 CFR 61 Procedures for Approved State and Local Governments Historic Preservation Programs
  • 36 CFR 63 Determination of Eligibility for Inclusion in the National Register
  • 36 CFR 65 National Historic Landmarks Program
  • 36 CFR 68 Secretary of the Interior's Standards for Treatment of Historic Properties
  • 36 CFR 78 Waiver of Federal Agency Responsibilities under Section 110 of the National Historic Preservation Act
  • 36 CFR 79 Curation of Federally-Owned and Administered Archaeological Collections
  • 36 CFR 800 Protection of Historic Properties
  • 43 CFR 7 Protection of Archaeological Resources, Uniform Regulations; Final Rule (joint rule published with 18 CFR 1312, 32 CFR 229, 36 CFR 296)
  • 43 CFR 10 Native American Graves Protection and Repatriation Act Final Rule
     

Guidelines

  • Guidelines for Federal Agency Responsibilities under Section 110 of the National Historic Preservation Act
  • Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation
  • Secretary of Interior's Proposed Historic Preservation Professional Qualifications Standards.
  • U.S. Department of Interior, National Park Service; the following four items can be found at http://www.cr.nps.gov/nr/publications/ listed under either "the basics" or under "property types:"
  • 1991 How to Apply the National Register Criteria for Evaluation. National Register Bulletin 15.
  • 1991 How to Complete the National Register Registration Form. National Register Bulletin 16A.
  • 1991 How to Complete the National Register Multiple Property Documentation Form. National Register Bulletin 16B.
  • 1990 Guidelines for Evaluating and Documenting Traditional Cultural Properties. National Register Bulletin 38.

State of Oregon

See http://egov.oregon.gov/OPRD/HCD/SHPO/programs_laws.shtml

  • ORS 97.740 et seq. Indian Graves and Protected Objects
  • ORS 358.905 et seq. Archaeological Objects and Sites
  • ORS 390.235 et seq. Archaeological Sites and Historical Materials