The Federal Archeology Program is an outcome of the national and public recognition that archeological resources are an important part of America's and the world's cultural heritage. It is shaped by enactment of federal law, presidential action, and public advocacy to meet the challenges of archeological stewardship. This brief history outlines the major actions that have cumulated in the current Federal Archeology Program.
Early Efforts
As early as the 1880s, citizen groups and entities within the federal government actively advocated for the preservation of archeologically and historically important places and sites. The Public Land Commission, chaired by the federal General Land Office (GLO) Commissioner, in 1883 strongly recommended reserving "[m]any of the old Indian and Mexican ruins in Arizona, Colorado, New Mexico, and California ... along with other remains of former civilizations." Influential Bostonians, outraged by the looting and destruction of southwestern archeological sites, petitioned the U.S. Senate in 1889 "that at least some extinct cities or pueblos, carefully selected, ... may be withheld from public sale and their antiquities and ruins be preserved ..."1889: Congress enacted legislation authorizing the President to remove from settlement or sale the public lands that included Casa Grande. This was the first instance of the federal government reserving lands for public preservation and protection of archeological resources.
1906: Congress passed the Antiquities Act, the first federal preservation law in U.S. history and a cornerstone in American archeological resource protection. The Act established a permitting requirement for scientific investigations of archeological resources and authorized the President to set aside federal lands for national monuments. Regulations were promulgated in 1907.
1906: Congress passed a bill to create Mesa Verde National Park. President Theodore Roosevelt used his authority under the Antiquities Act to set aside federal lands to create Devils Tower, El Morro, Montezuma Castle, and Petrified Forest national monuments.
1927: Department of the Interior Order No. 229 established a formal role for department-wide oversight and review of archeological matters and delegated responsibilities to the National Park Service (NPS). The position was responsible for assisting bureaus without archeological expertise in the Department with archeological activities, such as issuing Antiquities Act permits and other technical matters. In 1931, the department-wide oversight position was formally named Departmental Consulting Archeologist. It will remain with the NPS for the next 90 years.
The New Deal
After the sweeping economic, political, and social changes of the Roaring Twenties, the beginning of the Great Depression in 1929 triggered a severe worldwide economic depression that lasted until the beginning of World War II. Steep declines in industrial production, unemployment, banking panics, and increases in poverty and homelessness threw the nation into crisis. President Franklin D. Roosevelt implemented a series of "New Deal" programs and projects to support economic recovery, infrastructure development, and job creation. Archeology figured among these projects.1933: President Roosevelt created the Civil Works Administration (CWA), Tennessee Valley Authority (TVA), Works Progress Administration (WPA), and Civilian Conservation Corps (CCC). These programs employed professional archeologists and members of the public to work on archeological survey, excavation, and curation projects.
1935: Congress passed the Historic Sites Act. The law established a federal preservation program to coordinate federal preservation activities with states and localities. It formalized existing NPS preservation programs and, according to Secretary Ickes, laid "a broad legal foundation for a national program of preservation and rehabilitation of historic sites."
1935-1942: WPA archeological projects introduced many students to archeology and supported thousands of struggling families. Archeological projects were carried out at TVA dam sites in the Southeast and watersheds of the Missouri, Mississippi, and Ohio rivers. At Irene Mound and Swift Creek sites in Georgia, African American women filled the field crews.
1938: WPA was restructured. Less funding became available for archeological field work and more for laboratory processing. Large processing laboratories in Alabama, Tennessee, Louisiana, and Texas employed many women and African Americans.
1939: The National Research Council organized the Committee on Basic Needs in American Archaeology to gather information on the status of U.S. archeology and develop archeological standards for federal agencies.
After World War II, the Army Corps of Engineers and the Bureau of Reclamation turned to constructing a national system of flood control dams and reservoirs in the Missouri River drainage and other large rivers. The construction and the impoundment of large bodies of water substantially affected archeological sites throughout the nation. Concerned individuals and organizations took steps to have government agencies take archeology into account as part of this large development program.
1945: A small group of archeologists organized the non-federal Committee for the Recovery of Archaeological Remains (CRAR) to stimulate government action for the recovery of archeological data threatened by construction of new reservoirs, and to ensure that the resulting archeology met the highest professional standards. CRAR was the driving force behind the creation of the River Basin Surveys (RBS), which sought to protect archeological materials from destruction by dam construction and flooding. The Corps of Engineers and Bureau of Reclamation funded the program; the NPS and Smithsonian Institution administered the archeological work.
1946: Expanding the RBS, NPS established the Interagency Archeological Salvage Program. RBS was moved under the administration of the Bureau of American Ethnology, Smithsonian Institution.
Infrastructure and Urban Renewal
Throughout the 1960s, the U.S. funded infrastructure projects and urban renewal programs. Interstate highways, suburban housing developments, public facilities, and new neighborhoods threatened archeological and historic resources. Community organizations pressured the federal government to establish a stronger, more effective national historic preservation program. Federal departments and agencies developed archeological programs, including the Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service, and Minerals Management Service. These efforts intersected with the civil rights movement and a societal shift towards inclusion and consultation on projects affecting communities and their environments.1956: Congress passed the Federal Aid Highway Act, which contained specific language for the salvage of archeological materials within a construction area.
1960: Congress passed the Reservoir Salvage Act to preserve historic and archeological materials that might otherwise be lost through dam construction.
1963: The non-federal Advisory Council on Underwater Archaeology formed to educate scholars, governments, sport divers, and the public about underwater archeology and the preservation of underwater cultural resources.
1966: Congress passed the National Historic Preservation Act (NHPA) to expand the Historic Sites Act and direct the federal government in preservation activities, in response to the concerns about the adverse effects of federal development projects on archeological sites and historic structures. It established national policy and programs for the preservation of those resources.
1969: Congress passed the National Environmental Policy Act (NEPA), which included a requirement to consider the "cultural environment" in activities.
Resource Protection
The 1970s and 1980s saw implementation of archeological resource protection laws from the previous decades. Congress passed new laws to strengthen old ones. Significantly, the impact of archeological work on Native Americans and indigenous people was legislatively recognized.1971: President Richard Nixon issued Executive Order No. 11593 to require agencies to inventory historic properties, including archeological sites, and nominate them to the National Register.
1974: Congress passed the Marine Protection, Research, and Sanctuaries Act, which authorized the establishment of marine sanctuaries and the preservation of shipwrecks within their boundaries.
1974: Congress passed the Archeological and Historic Preservation Act, also known as the Moss-Bennett Act. It amended and extended the Reservoir Salvage Act and assigned the oversight and coordination of U.S. public archeology to the Secretary of the Interior. The Act also authorized federal agencies to expend funds (up to 1% of the total project budget) on archeological excavations, testing, and associated research and publication of project results.
1977: The Society for American Archaeology published The Management of Archeological Resources: The Airlie House Report, which established guidelines for cultural resource management practices. The NPS funded development of the study.
1979: Congress passed the Archaeological Resources Protection Act (ARPA) in response to increased threats to archeological sites and problems with enforcement of the Antiquities Act. ARPA re-affirmed the Antiquities Act of 1906 and supported efforts to improve the enforcement of archeological resource protection.
1980: Three men arrested in 1977 for looting an archeological site in Arizona's Tonto National Forest pled guilty to charges brought under ARPA's criminal provisions. The case (United States v. Jones, et al.) marked the first three convictions under the new Act.
1983: The NPS issued The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation to provide technical guidance to federal, state, and local governments about archeological and historic preservation activities and methods.
1984: An order by the Secretary of Interior delegated the authority to issue Permits for Archeological Investigations to each Federal land-managing agency.
1984: The Uniform Federal Regulations 43 CFR Part 7 established procedures for implementing ARPA, including protecting archeological resources, issuing permits for authorized excavations, imposing penalties for unauthorized excavations, providing for the preservation of collections and data, and ensuring confidentiality of sensitive information.
1988: Congress passed the Abandoned Shipwreck Act (ASA) to establish government ownership over historic shipwrecks in state waters and declare that shipwrecks are not subject to the law of finds and Admiralty courts.
1988: Amendments to ARPA strengthened archeological protection activities on federal land through law enforcement and added the requirement to form a public education program.
1990: Congress enacted the Native American Graves Protection and Repatriation Act (NAGPRA). It provided a process for repatriation of culturally affiliated American Indian human remains and certain objects that were removed from tribal or federal lands and which are held by federal agencies or museums that receive federal funds.
1990: Curation of Federally Owned and Administered Archeological Collections (36 CFR 79) was published in the Federal Register. The regulations provide minimum standards for the long-term management and care of archeological collections, including the associated records and reports.
1990: NPS released the Abandoned Shipwreck Act (ASA) Guidelines to provide advice to both state and federal agencies on effective management of abandoned shipwrecks under their care.
1991: Secretary of the Interior Manuel Lujan issued the National Strategy for Federal Archeology. The strategy provided an integrative mechanism to keep federal efforts focused on preserving sites in situ, conserving collections and records, using and sharing research results, and promoting public education and outreach.
1992: Congress amended the National Historical Preservation Act to include the stipulation that the Secretary of the Interior must consult with Indian tribes and Native Hawaiian organizations. It also provided for the establishment of tribal preservation programs and creates a presidential appointment of a Native American or Native Hawaiian to the Advisory Council on Historic Preservation.
Current Trends
In the 21st century, protection, preservation, and interpretation continue to be goals of public archeology. Outreach and participation, partnerships, and preservation programs are top priorities. The Native American Graves Protection and Repatriation Act influences participation of Native Americans in archeological projects, while amendments to the Archaeological Resources Protection Act (ARPA) require federal agencies to conduct public outreach and education about archeology.2001: The UNESCO Convention on the Protection of the Underwater Cultural Heritage was adopted as a follow-up to the 1996 ICOMOS Charter on the Protection and Management of Underwater Cultural Heritage. Developed by government experts from over 107 nations, the convention resulted from years of negotiations and contains professional rules on underwater archeology.
2003: President George W. Bush issued Executive Order 13287, "Preserve America" to advance the protection, enhancement, and contemporary use of historic properties owned by the federal government. The order also promotes intergovernmental cooperation and partnerships for the preservation and use of historic properties.
2022: The disposition regulation (36 CFR 79, Subpart E) was published in the Federal Register. This regulation provides a process for Federal agencies to remove materials from archeological collections that are no longer of scientific interest.
Last updated: April 3, 2023