archaeological site considerations | whole building design guide

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by the WBDG Historic Preservation Subcommittee

Last updated: 08-25-2009

Archaeological sites are nonrenewable resources; they provide the only available source of information on the people

and civilizations that flourished in the distant past. Archaeological sites should be considered early on in the planning

and design process of all projects that have ground-disturbing potential. Early consideration allows the design team the

ability to remain flexible to the potential challenges of archaeological sites. Consideration of archaeological sites for

federally-funded projects is mandatory; certain types of archaeological resources are protected by law.

Archaeological resources are the evidence of past human occupations which help tell the story of past peoples. These

resources can be individual artifacts, whole sites, complexes, or districts of sites, and the contexts in which they occur.

In the United States, prehistoric archaeological resources generally date from about 15,000 years ago until the time of

European settlement in the 17th century. Historic archaeological resources date from European settlement to present.

For federally-funded projects, consideration of archaeological resources is a legal requirement. Several laws apply to

the identification, evaluation, and treatment of archaeological resources. Some of these laws are briefly described

below. In order to ensure full consideration of archaeological resources, be sure to consult with a cultural resources

specialist before starting any project with the potential for ground disturbance.

Start the Process Early

Archaeological resources must be considered as early in the planning process as possible. Most federal agencies

employ cultural resources specialists that have training in archeological site consideration, as well as the Section 106

process. Ensure that a cultural resources specialist, archaeologist, or historic preservation professional is part of every

project team, and involve them from the beginning of the project. In almost every case, required archaeological

excavations required due to a federal undertaking mustbe complete before the undertaking may proceed.

Follow the Law

Several laws and regulations govern the treatment of archaeological resources. In all cases for federally-funded

projects, compliance with these laws is mandatory. In some cases, violation of the law is a punishable offense subject

to fines and incarceration.

Four of the more commonly-encountered laws are presented here to familiarize project managers with their

responsibilities. When in doubt, consult with a cultural resources specialist employed by a federal agency or assigned

to the project team.

NATIONAL HISTORIC PRESERVATION ACT OF 1966

Section 106 of the National Historic Preservation Act(http://www.nps.gov/history/local-law/nhpa1966.htm) is the process

most often encountered during construction projects. Section 106 requires a multi-step process to identify resources,

consult with stakeholders, and consider the effects of a project's implementation on historic resources, including

archaeological sites. The National Historic Preservation Act also requires that the Section 106

process(/references/code_regulations.php?i=288&r=1) be completed before the project may begin. The Advisory

Council on Historic Preservation's website(http://www.achp.gov) offers useful tools to understand and work with the 106

process.

THE ANTIQUITIES ACT OF 1906

The Antiquities Act(http://www.nps.gov/history/local-law/anti1906.htm) may apply to construction projects on federallands. It has two main components: 1) a criminal enforcement component, which provides for the prosecution of

persons who appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of

antiquity on lands owned or controlled by the United States; and 2) a component that authorizes, through the issuance

of a permit, the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity on

Archaeological Site Considerations

INTRODUCTION

DESCRIPTION

APPLICATION
http://www.nps.gov/history/local-law/nhpa1966.htmhttp://www.wbdg.org/index.phphttp://www.wbdg.org/index.phphttp://www.wbdg.org/references/code_regulations.php?i=288&r=1http://www.nps.gov/history/local-law/anti1906.htmhttp://www.achp.gov/http://www.wbdg.org/references/code_regulations.php?i=288&r=1http://www.nps.gov/history/local-law/nhpa1966.htmhttp://www.wbdg.org/index.php


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Archaeological Investigations: National

Museum of the American Indian Site,

Washington, DC

(Photo by John Milner Associates. Inc.)

lands owned or controlled by the U.S.

ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979

The Archaeological Resources Protection Act (ARPA)(http://www.nps.gov/history/archeology/tools/laws/ARPA.htm) was

specifically designed to prevent looting and destruction of archeological resources on public and Indian lands. Like the

Antiquities Act(http://www.nps.gov/history/local-law/anti1906.htm), ARPA has both an enforcement and a permitting

component. The enforcement provision provides for the imposition of both criminal and civil penalties against violators

of the Act. ARPA's permitting component allows for the recovery of certain artifacts consistent with the standards and

requirements of the National Park Service's Federal Archeology Program.

NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT

The Native American Graves Protection and Repatriation Act (NAGPRA) provides a process for federal agencies and

museums to return (or repatriate) certain Native American human remains, funerary objects, sacred objects, and

objects of cultural patrimony to lineal descendants, culturally affiliated Indian tribes, and Native Hawaiian organizations.

NAGPRA may be a factor in construction projects where excavations, grading, or other ground disturbing activities are

to take place. A copy of NAGPRA and its implementing regulations along with helpful material for NAGPRA compliance

is available on the National Park Service website(http://www.nps.gov/history/nagpra/MANDATES/INDEX.HTM).

Provide Adequate Funding for Curation

Once the archaeological project is complete and the project is underway, federal

law(http://www.nps.gov/history/archeology/tools/36cfr79.htm) requires the preservation of collections of prehistoric andhistoric material remains, and associated records, recovered during archaeological investigations that take place on

federal land and/or are federally funded. It is important to remember that curation of archaeological artifacts must

continue indefinitely, even after a construction project is completed. More information on the requirements for curation

can be found at the National Park Service's Managing Archaeological Collections

webpage(http://www.nps.gov/history/archeology/collections/Index.htm).

Representative Example

ARCHAEOLOGICAL INVESTIGATIONS

NATIONAL MUSEUM OF THE AMERICAN INDIAN SITE, WASHINGTON, DC

On September 21, 2004, the National Museum of the American Indian

(NMAI)(http://www.nmai.si.edu/) opened its doors to the public after fifteen

years of planning and construction. The NMAI is the most recent museum

building addition to the Smithsonian Institution and to the National Mall.

In the 1990s, the Smithsonian began planning for the museum on the Mall.

The Smithsonian was required to consider the effects of its actions on historic

properties before any construction could begin. In accordance with Section

106 of the National Historic Preservation Act, the Smithsonian commissioned

an extensive study of the site. Initial research into archives, libraries, and city

records indicated that several buildings were constructed on the proposed

NMAI site in the eighteenth century. As the research took form,

archaeologists were able to pinpoint the location of several buildings and plan

test excavations to determine if any remnants of the past remained.

During their excavations, the archaeologists began to see evidence of artifacts

which would only be found in a wealthy household, unusual in what was once a working-class neighborhood. One of

the excavations was filled with an unusually high number of pieces of expensive porcelain, bones from quality meats,

seeds from exotic fruits, hundreds of champagne corks, and women's grooming items. These finds provided evidence

that one of Washington's most exclusive and expensive brothels was once located on the site.

The archaeology continued, and the site yielded much information about how Americans lived in the Federal City in

the 1800s. Without this pre-construction work, this evidence of the past would have been lost forever. In addition to

the information gathered at the site, artifacts now curated by the Smithsonian are available for study as a way to learn

even more about history. Only through compliance with laws governing the treatment of archaeological sites was this

project possible.

More information on the archaeological investigations is available athttp://www.si.edu/oahp/madam/(http://www.si.edu/oahp/madam/) and

http://www.si.edu/oahp/nmaidig/(http://www.si.edu/oahp/nmaidig/).
http://www.si.edu/oahp/nmaidig/http://www.si.edu/oahp/madam/http://www.nmai.si.edu/http://www.nps.gov/history/archeology/collections/Index.htmhttp://www.nps.gov/history/archeology/tools/36cfr79.htmhttp://www.nps.gov/history/nagpra/MANDATES/INDEX.HTMhttp://www.nps.gov/history/local-law/anti1906.htmhttp://www.nps.gov/history/archeology/tools/laws/ARPA.htm


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Left: Site Overview, facing northeast. And Right: Overview of excavations at Site

51SW14, Reservation C, NMAI Museum Site(Photos by John Milner Associates, Inc.)

American Antiquities Act of 1906(http://www.nps.gov/history/local-law/anti1906.htm) as amended (16 USC 431-

433)

Archeological and Historic Preservation Act of 1974(http://www.nps.gov/history/archeology/tools/laws/AHPA.htm) as

amended (16 USC 469-469c-2)

Archaeological Resources Protection Act of 1979(http://www.nps.gov/history/archeology/tools/laws/ARPA.htm), as

amended (16 USC 470aa-mm)

Curation of Federally-Owned and Administered Archeological

Collections(http://www.nps.gov/history/archeology/tools/36cfr79.htm) (36 CFR 79)

National Historic Preservation Act of 1966(http://www.nps.gov/history/local-law/nhpa1966.htm), As amended

Native American Graves Protection and Repatriation

Act(http://www.nps.gov/history/nagpra/MANDATES/25USC3001etseq.htm) (25 USC 3001 et seq.)

Section 106 of the NHPA regulations: "Protection of Historic Properties" (36 CFR Part

800)(/references/code_regulations.php?i=288&r=1) (incorporates amendments effective Aug. 5, 2004)

WBDG

DESIGN OBJECTIVES

Historic Preservation(/design/historic_pres.php), Historic PreservationApply the Preservation Process

Successfully(/design/apply_process.php)

Other Internet ResourcesAdvisory Council on Historic Preservation: Working with Section 106(http://www.achp.gov/work106.html)

American Cultural Resources Association(http://www.acra-crm.org/)

Department of Defense

DoD Conservation Team

Archaeology

Resources(https://www.denix.osd.mil/portal/page/portal/denix/environment/CR/ArchaeologicalResources)

Curation documents(https://www.denix.osd.mil/portal/page/portal/denix/environment/CR/Curation)

Underwater Archaeology

documents(https://www.denix.osd.mil/portal/page/portal/denix/environment/CR/ArchaeologicalResources/UnderwaterArchaeology)

Native American documents(https://www.denix.osd.mil/portal/page/portal/denix/environment/NA)

U.S. Army

US Army Environmental CommandCultural Resources:

Archaeology(http://aec.army.mil/usaec/cultural/index.html)

U.S. Navy

SECNAVINST 4000.35a Department of the Navy Cultural Resources

Program(http://doni.daps.dla.mil/Directives/04000%20Logistical%20Support%20and%20Services/04-

00%20General%20Logistical%20Support/4000.35A.pdf) (PDF 120 KB)

NAVFAC Cultural Resources Program(https://portal.navfac.navy.mil/portal/page?

_pageid=181,3449819,181_3449838:181_3449851&_dad=portal&_schema=PORTAL)

U.S. Air Force

Air Force Instruction 32-7065, Cultural Resources Management(http://www.e-

publishing.af.mil/shared/media/epubs/USAFEI32-7065.pdf) (PDF 274 KB)

Draft Air Force Pamphlet 32-XXXX, Guidelines for Managing Cultural

RELEVANT CODES AND STANDARDS

ADDITIONAL RESOURCES
http://www.afcee.af.mil/shared/media/document/AFD-070828-059.dochttp://www.e-publishing.af.mil/shared/media/epubs/USAFEI32-7065.pdfhttps://portal.navfac.navy.mil/portal/page?_pageid=181,3449819,181_3449838:181_3449851&_dad=portal&_schema=PORTALhttp://doni.daps.dla.mil/Directives/04000%20Logistical%20Support%20and%20Services/04-00%20General%20Logistical%20Support/4000.35A.pdfhttp://aec.army.mil/usaec/cultural/index.htmlhttps://www.denix.osd.mil/portal/page/portal/denix/environment/NAhttps://www.denix.osd.mil/portal/page/portal/denix/environment/CR/ArchaeologicalResources/UnderwaterArchaeologyhttps://www.denix.osd.mil/portal/page/portal/denix/environment/CR/Curationhttps://www.denix.osd.mil/portal/page/portal/denix/environment/CR/ArchaeologicalResourceshttp://www.acra-crm.org/http://www.achp.gov/work106.htmlhttp://www.wbdg.org/design/apply_process.phphttp://www.wbdg.org/design/historic_pres.phphttp://www.wbdg.org/references/code_regulations.php?i=288&r=1http://www.nps.gov/history/nagpra/MANDATES/25USC3001etseq.htmhttp://www.nps.gov/history/local-law/nhpa1966.htmhttp://www.nps.gov/history/archeology/tools/36cfr79.htmhttp://www.nps.gov/history/archeology/tools/laws/ARPA.htmhttp://www.nps.gov/history/archeology/tools/laws/AHPA.htmhttp://www.nps.gov/history/local-law/anti1906.htm


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Resources(http://www.afcee.af.mil/shared/media/document/AFD-070828-059.doc)

U.S. Air Force Center for Engineering and the EnvironmentCultural

Resources(http://www.afcee.af.mil/resources/conservation/cultural/index.asp)

National Park Service

Archaeology and Ethnography Program(http://www.cr.nps.gov/archeology/tools/36cfr79.htm)

Archeology And Historic Preservation: Secretary Of The Interior's Standards And Guidelines [As Amended

and Annotated](http://www.cr.nps.gov/local-law/arch_stnds_0.htm)

Laws, Executive Orders and Regulations related to History and Culture(http://www.nps.gov/history/laws.htm)

National NAGPRA Program(http://www.cr.nps.gov/nagpra/INDEX.HTM)

National Trust for Historic Preservation: Preserving Sacred Sites(http://www.preservationnation.org/issues/public-lands/federal-public-lands.html)

National Preservation Institute(http://www.npi.org)

Society for American Archaeology(http://www.saa.org/)

Society for Historical Archaeology(http://www.sha.org/)

PublicationsCultural Resources Archaeology: An Introduction by Thomas W. Neumann

Our Unprotected Heritage(http://www.lcoastpress.com/book.php?id=219) by Thomas F. King. Left Coast Press,

Inc., Feb. 2009.

National Institute of Building Sciences(http://www.nibs.org/) | An Authoritative Source of Innovative Solutions for the Built

Environment

1090 Vermont Avenue, NW, Suite 700 | Washington, DC 20005-4950 | (202) 289-7800 | Fax (202) 289-1092

2010 National Institute of Building Sciences. All rights reserved. Disclaimer(/about.php)
http://www.wbdg.org/about.phphttp://www.nibs.org/http://www.lcoastpress.com/book.php?id=219http://www.sha.org/http://www.saa.org/http://www.npi.org/http://www.preservationnation.org/issues/public-lands/federal-public-lands.htmlhttp://www.cr.nps.gov/nagpra/INDEX.HTMhttp://www.nps.gov/history/laws.htmhttp://www.cr.nps.gov/local-law/arch_stnds_0.htmhttp://www.cr.nps.gov/archeology/tools/36cfr79.htmhttp://www.afcee.af.mil/resources/conservation/cultural/index.asphttp://www.afcee.af.mil/shared/media/document/AFD-070828-059.doc

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