Frequently Asked Questions about Cultural Resources
Q: Are cultural resources the same as archaeological sites?
A: Archaeological sites are one example of a cultural resource. Historic buildings, historical objects or documents, important parts of the natural environment, spiritual places, and many other community resources, both natural and human-made that have value to a group of people can be considered cultural resources.
Q: What is an artifact?
A : While specific definitions can vary slightly from state to state, artifacts are typically any items or evidence of past human activity found on or in the ground, including structural remains. Many people think of arrowheads, but the pieces of stone debris left as a byproduct of creating an arrowhead are also artifacts. Some other common artifacts include pottery, stone and bone tools, and materials that have been altered by activities, like rocks heated by cooking fires. They can also include more recently made items such as nails, bricks, glass, stoneware, and other types of human-made objects.
Q: Is it illegal to collect artifacts I see on the ground?
A: Typically it is not illegal to collect artifacts from the ground surface as long as the collector has permission from the landowner to be on the property and collect artifacts.
Q: Can I keep artifacts I find on the ground?
A: Artifacts usually belong to the property owner unless ownership is officially transferred to another party.
Q: Is it illegal to dig up artifacts?
A: In the states where Cardno JFNew primarily works, which includes Indiana, Illinois, Michigan, Ohio, and Wisconsin, it is illegal to disturb the ground for the purposes of discovering archaeological sites without proper permits. For an overview of all state laws, see http://www.ibsgwatch.imagedjinn.com/learn/lawsstate.htm.
Q: What if I accidentally discover artifacts during a construction project?
A: In most states, accidental discovery of an archaeological site must be reported to the State Historic Preservation Office, usually within two business days. Work also must temporarily stop in the vicinity of the archaeological site to assess the significance of materials and to understand how remaining work might affect the site. The specific process depends on state and Federal laws. Cardno JFNew archaeologists are well versed in the federal and state laws that govern and protect cultural resources and can help navigate these laws if resources are encountered during your construction project.
Q: Do a certain number of artifacts need to be found for a site to be considered significant?
A: No, there is no specific number. While artifacts can contribute to the significance of an archaeological site, many other factors may also be considered. The importance of an archaeological site is determined by those who value it. For example, an historic battlefield may still yield artifacts, but its primary significance may be the association with a specific battle and what that may mean to the surrounding community.
Q: What do I do if I discover human remains?
A: Any discovery of human remains should be left undisturbed and reported to local authorities including the county coroner, local law enforcement, and State Historic Preservation Office.
Q: Are there criminal penalties for disturbing archaeological sites or human burial sites?
A: Yes. Laws vary from state to state, and penalties can range from infractions to misdemeanors to felonies for persons who recklessly, knowingly, or intentionally disturb, collect, or receive artifacts or human remains. The extent of potential penalties can vary depending on the individual circumstances of the incident. Any looting on public lands is prohibited under the Archaeological Resources Protection Act of 1979 (ARPA). Felony and misdemeanor sanctions may be applied in three cases:
1) for illegal excavation, removal, damage, alteration, or defacing of any archaeological resource or attempt to do same;
2) for sale, purchase, exchange, transport, or receiving of any archaeological resource or offering any of same;
3) for sale, purchase, exchange, transport, receiving, in interstate or foreign commerce, of any archaeological resource removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under state or local law. This last provision offers ARPA protection to archaeological resources illegally removed from even private or non-federal lands so long as they were moved in interstate or foreign commerce.
For more information on ARPA, see http://www.nps.gov/archeology/tools/Laws/arpa.htm.
Including a cultural resource assessment as part of pre-project planning is sound risk management to prevent unwanted project suspension due to the discovery of an archaeological site.
Q: I saw a story on the news about a developer who is going to move an old cemetery to finish his project. Is this legal?
A: While laws vary from state to state, relocating a cemetery is an involved process that must occur according to local guidelines requiring input from numerous officials, experts, and stakeholders. Relocating graves is not something to be entered into lightly, but if the cemetery must be moved to protect the remains of those buried there, there are legal steps available to do so. Cardno JFNew’s archaeologists and anthropologists can provide the technical assistance necessary to identify, recover, and relocate individuals placed in a cemetery, even if grave markers have disappeared.
Q: Is there a way to tell if a site might have cultural resources that would require an assessment?
A: Some places are more likely than others to contain cultural resources. Local history, the landscape, and other factors all influence the probability of encountering a cultural resource. Consult a qualified professional to determine whether your site might have cultural resources that would require further assessment. Cardno JFNew can work with you to determine whether your project would benefit from a cultural resources evaluation. Additionally, depending on the nature of your project, you may be required by law to determine whether or not your project activities will impact cultural resources.
Q: How much will a cultural resource assessment cost?
A: Costs depend on the size of your project, the types of impacts that will occur from project or construction activities, and the location of your project, among other factors. Cardno JFNew’s experienced staff are highly qualified to deliver a cost-effective cultural resource assessment, based on the constraints of your budget..
Q: How much can the project save, in time or money, by having Cardno JFNew do an early assessment?
A: Proceeding with a project without determining whether or not adverse impacts to cultural resources will occur may result in project delays, fines, and federal or state prosecution. The easiest way to avoid these risks is to conduct a Phase I investigation, to identify known and unknown cultural resources. By starting this process early Cardno JFNew can work with you to keep your project on schedule. If a significant cultural resource is impacted, project delays from months to years can occur. For example, the Cape Wind project in Massachusetts was proposed in 2001, but adverse effects to cultural resources were not given proper consideration as required under NHPA Section 106. Due to this and other opposition, Cape Wind was not approved to proceed until 2010. The project is also subject to additional ongoing legal challenges. For more information, see http://www.boemre.gov/offshore/renewableenergy/CapeWind.htm.
Q: Are there different levels of assessment?
A: Yes. A risk management study or fatal flaw analysis is the first level. This background research evaluates the project area for known resources and determines the potential for encountering unknown resources. A Phase I cultural resources reconnaissance is the next level. It consists of a field survey across the project area and consultation with stakeholders to identify cultural resources. Typically most projects require only a fatal flaw analysis or Phase I reconnaissance. However, if a cultural resource is identified within a project area and further work is required to determine its significance, a Phase II evaluation will be conducted. A Phase III mitigation plan occurs if project activities will disturb a significant cultural resource. Cardno JFNew can work with you to determine the best form of mitigation for you and the community. We have experience designing and conducting fatal flaw analyses, Phase I reconnaissance, Phase II assessment, and Phase III mitigation projects throughout the Midwest. JFNew also has experience using geophysical techniques to determine the presence of buried cultural deposits. Although its use is project specific, geophysics is often a cost-effective alternative for determining the nature and extent of subsurface deposits to lengthy and costly excavation techniques.