Plug CRM Gaps in the U.S.

Transcription

1 Preventing Archaeological Disasters and Facilitating Cultural Resource Protection: One Nonprofit s Attempt to Plug CRM Gaps in the U.S.

2 Tonight s Conversation Archaeological Disasters - How I came to be doing what I m doing What s cultural resource legislation like in the U.S.? In Washington State? In Whatcom County? In tribal communities? Why did you organize as a nonprofit? What roles do nonprofits play in the CRM system?

3 Learning about CRM in the Wake of an Archaeological Disaster City of Blaine wastewater treatment plant expansion (original construction 1970 s) Section 106 of the National Historic Preservation Act of 1966 MOA with Treatment Plan Stop-work order August 1999 Lummi Nation s Semiahmah Recovery Effort (ongoing) Negative impacts to all communities

4 Learning about Legislation as Tribal Historic Preservation Officer Cultural resource work today is triggered by legislation vs. education Regulators (agencies) implement the legislation inconsistently Applicants are often confused and resistant to perceived extra expenses Projects typically are not abandoned Legislative opportunities must be accompanied by a shift in social values. CRM ers must educate others about our collective history and good stewardship.

5 Federal Legislation (U.S.) [check latest version for amendments] Applies To: Protects : Tribal Actions : Tribal Fundin g: Confide n- tiality: Penaltie s: NHPA (National Historic Preservation Act of 1966) Fed. "undertakings" (includes funds and permits) NRHP-eligible historic properties (includes TCP) Sec. 106 Review; THPO Historic Preservation Fund (THPO; grants) Sec. 304: agency withholds certain types of information and Sec. of Interior determines who will have access to it Civil (noncompliance by Fed. agency) ARPA (Archaeological Resources Protection Act of 1979) Public/Indian lands; State/local laws re: trafficking Archaeological resources >100 years old (includes remains) ARPA permit process (notification and consent) None Sec. 9: exempt from FOIA (Freedom of Information Act) unless Fed. land manager determines certain conditions are met Criminal (no permit or trafficking); Civil (violating permit) NAGPRA (Native American Graves Protection & Repatriation Act of 1990) Fed./Tribal lands; Fed. agencies and Museums Cultural items (remains; objects: funerary/sacred/ cultural patrimony) ARPA permit process; Review Committee Grants from the Secretary of Interior Findings of the Review Comm. admissible in court; info. must be shared to prove affiliation and ownership Criminal (trafficking); Civil (non-comp. by Museum) NEPA (National Environmental Protection Act of 1969) Federal actions affecting environmental quality Cultural and historic resources Participation in preparation of EA and EIS None Subject to FOIA Civil (noncompliance by Fed. agency) AIRFA (American Indian Religious Freedom Act of 1978) Freedom of Religion Access to sites No regulations No regulations No regulations No regulations

6 Washington State Legislation [check latest version for amendments] Applies To: Protects : Penaltie s: Tribal Actions : Tribal Fundin g: Confide n- tiality: RCW (Indian Graves and Records Act of 1964) Public and Private lands of WA Indian burial grounds and historic graves Criminal (knowing destruction/sale of artifacts/remains from graves; not reporting discoveries); Civil (by tribe or enrolled member) [Actual to tribe; Punitive to DAHP] Inadvertent discoveries of nonforensic Indian remains SHPO permit (notification to tribe of request to remove) None; skeletal human remains assistance account for discoveries Not addressed RCW (Archaeological Sites and Resources Act of 1983) Public and Private lands of WA Archaeological resources and sites (includes remains) Criminal (felony for knowing disturbance of graves; misdemeanor for no permit/non-comp.); Civil (by Director for no permit/non-comp.) RCW (State Environmental Policy Act of 1971) Public and Private lands of WA (Class IV F.P. only) Historic, cultural, natural aspects of state heritage RCW (Shoreline Management Act of 1971) Public and Private lands and waters of WA (200' upland) Historic, cultural, scientific, educational resources Criminal (gross misdemeanor for willful violations); Civil (for no permit or non-comp.) RCW (Forest Practices Act of 1974) Forest lands of WA (Class I-IV Forest Practices need app.) Cultural resources Criminal (gross misdemeanor for willful violations); Civil (for no permit or non-comp.) WAC (Archaeological Excavation and Removal Permit, 1986) Excavation permits for Public and Private lands of WA Archaeological resources and sites (including remains) Criminal and Civil options exist for no permit or non-comp. [see RCW and 27.53] Consult w/ Director on issuing permits Participation in preparation of DNS and DEIS; Public involvement and appeals process Local/DOE permit process; Comment on amendments to Master Plans; Public involvement and appeals process DNR notif. of apps. of concern; consult. w/ landowner to condition permit; forward to DAHP; MOAs w/ DNR, F&W, DOE re: landscape manage. DAHP notif. of app. for removal, may enter into consult. re: mitigation; Appeals process None None None None None Site/resource location exempt from public disclosure; Can be shared w/ involved agency Council on Environ. Policy can withhold information from public disclosure [see RCW and 27.53]

7 Whatcom County Code [check latest version for amendments] Title 20 - Zoning Chapter 72 - Point Roberts Special District Part Archaeological resources Professional archaeological resources site assessment required within 500 feet of a known archaeological site Conducted at the expense of the applicant or project proponent If significant archaeological resources, an Archaeological Resource Management Plan (ARMP) shall be prepared Comments from DAHP, LNTHPO, and Nooksack Tribe shall be incorporated into recommended conditions Shoreline Management Program (WCC Title 23) Incorporates the same provisions

8 (Still) Learning about Nonprofit CRM What are the Benefits and Roles? Mission driven vs. profit driven (less threatening to some) Three ways to stay afloat (fee-for-service, grants, donations) Big-picture approach (preventing archaeological disasters and facilitating cultural resource protection) Plugging gaps in the CRM system (policy planning, legislative advocacy, education and professional training)

9 Policy Planning: Study for the Washington State Legislature July-November 2007 following failed Senate bill Legislative Study Team assembled Methods: regulatory research and stakeholder input Recommendations (short and long-term) Result: E2SHB 2624 effective June 12, 2008

10 Major Elements of the Human Remains Bill (E2SHB 2624) Mandatory reporting to coroner and local law enforcement of skeletal human remains Inadvertent discovery plan with timelines State Physical Anthropologist position Statewide inventory of known cemeteries and burials Funding via an assistance account Also: revises definition of professional archaeologist and mandates biennial reports by DAHP to the State Legislature

11 Major Elements of the Inadvertent Discovery Plan Stop work immediately and secure area of discovery Report discovery to the coroner/medical examiner and local law enforcement Coroner determines forensic or nonforensic (5 days) If nonforensic, Coroner notifies DAHP (2 days) DAHP notifies tribes and local cemeteries (2 days) State Physical Anthropologist determines Indian or non-indian (2 days) If Indian, DAHP notifies tribes (2 days) Tribes notify DAHP of interest (5 days)

12 Legislative Advocacy: Historic Preservation Lobby Day Riding the coattails of the above-grounders Annual event in Washington, DC Preservation Action and partners sponsor Day 1 - training on the hot issues Day 2 - storm Capitol Hill with your state delegation WTHP schedules with all 9 Representatives, 2 Senators, and the Gov. s DC Chief-of-Staff

13 Education/Training: Cultural Resource Planning Summit Fourth annual Summit May 23-24, 2011 Suquamish Tribe s Kiana Lodge near Poulsbo, WA Invite all affected parties to the same event Create a safe environment for discussing the intersection of cultural resources and land use Promote collaborative pre-project planning as a way to prevent disasters Panels vs. papers Thomas Sampson, former Chief-Saanich First Nations, keynote speaker June 2010

14 What s CRM Like in B.C.? (your turn!) What strategies can we share across the border?

15 Can We Plug the CRM Gaps and Prevent Archaeological Disasters? Who are we, what is CRM, and where do we go from here?

16 Thank you for inviting me to speak with you tonight! Feel free to contact me in the future: Mary Rossi, Program Director APT-Applied Preservation Technologies A program of the nonprofit Eppard Vision mkrossi@eppardvision.org