LECTURE OUTLINES for an INTRODUCTION to HISTORIC PRESERVATION
by PETER L. EIDENBACH, NEW MEXICO STATE UNIV.-ALAMOGORDO
© 1995 New Mexico Historic Preservation Division & Peter L. Eidenbach
1 —
Historic Preservation: What is it?National Historic Preservation Act (PL 89-665), Section 1
1) A national tradition
and recover remains of Franciscan Jeronimo de la Llana for reburial in Santa Fe• NM Governor Francisco Antonio Marin del Valle excavates at Quarai in 1759 to identify mission
• Jefferson encourages American Philosophical Society to gather data on archaeological sites
• the “Cult of Washington,” “father of our country,” lead to the first preservation efforts
• Englishman James Smithson’s bequest leads Congress to establish Smithsonian in 1846
2) A federal policy
• the first National Park established at Yellowstone in 1872 under the War Department
• Congress protects Casa Grande, Arizona, prehistoric ruins
• Congress protects Civil War battlefields at Chickamauga and Chattanooga in 1890, leading to first National Historic Park
3) A conservation movement
1850• New York State purchases Washington’s Hasbrouck House headquarters for preservation in
• Ann Pamela Cunningham founds Mount Vernon Ladies Association for the Union in 1856 to
purchase Washington’s home for preservation• six years of effort leads to Antiquities Act of 1906, to set aside and protect cultural and scientific
resources on federal lands and establish National Monuments4) A multifaceted profession
- architecture
- history
- archaeology
- art & craft
- heritage education
- law, real estate, economics, business
5) An industry
1,000 preservation projects and 14,000 jobs• heritage tourism dominates New Mexico’s largest industry with income of $2 billion annually
• historic rehabilitation tax credits, passed in 1976, resulted nationally, by 1991, in:
- $15 billion in private preservation and rehabilitation investment in 22,000 buildings
- 55,000 rehabilitated and 24,000 new housing units
• 1983 Emergency Jobs Act appropriated $25 million in historic preservation funds generating
Why is Historic Preservation important?
1) Philosophical reasons
• “Those who cannot remember the past are condemned to repeat it” - G. Santayana
• “The past is a foreign country: they do things differently there” - L.P. Hartley
• “History is philosophy from examples” - Dionysius of Halicarnassus, ca. A.D. 1
• “Human history becomes more and more a race between education and catastrophe” - H.G. Wells
2) Scientific reasons
• understand the past and control the future
• “errors are always instructive” - Plato
• “experience is certainly worth more than theory” - Amerigo Vespucci
• “The philosophers have only interpreted the world; the thing, however, is to change it” - Karl Marx
3) Practical reasons
• heritage tourism is the fastest growth service industry in the United States
• cultural properties are a non-renewable resource
• heritage preservation is “deep ecology”
- encouraging practical recycling and conservation of housing
- saving neighborhood infrastructure, inner cities and rural resources
- reducing crime and ethnic conflict
• preserving cultural diversity and fostering pride in ethnic identity
Multiple Personalities and Trends in Historic Preservation
1) History
• from great men and events to minorities, everyday life, and economic forces
2) Architecture
• from architect “high style” to anonymous vernacular
• from urban to rural settings
• from unique to typical
3) Archaeology
• from culture history to behavioral science
• from monumental to mundane
What is Preserved?
Complementary Opposites
doctor, lawyer, indian chief, cattleman, farmer, slave, and free, native, immigrant, hobo, grandee”• Historic Architecture vs. Prehistoric Archaeology
• Unique vs. Ordinary
• Elite vs. Plebeian
• Built vs. Natural Environment
• Recent vs. Ancient
• Masculine vs. Feminine
• Site vs. Landscape
• Historic Districts vs. Traditional Neighborhoods
“ rich man, poor man, beggar man, thief,
Preservation Domains
• Federal Properties: Parks, Monuments, etc.
• Federal Actions - Section 106, NEPA
• State and Certified Local Governments
• Native American Lands and Traditional Cultural Properties
• Private Investment: Rehabilitation, Restoration
Realms of Conflict
• Private ownership vs. public trust
• Conservation vs. extraction
• Conflicting ethnic and cultural claims
• Agency mission vs. federal policy
• Non-native public vs. Native American
• Historic reality vs. fantasy
• Federal vs. state, county, local interests
Obstacles to Heritage Preservation Education
• Elitism: overemphasis on dominant political, social, or ethnic traditions
• Extreme pluralism: overemphasis on diversity and separatism
• Localism: geographic particularism
• Anti-intellectualism: simplistic emphasis on experiential learning
• Political correctness: emphasis on narrow, factional values
2 —
Milestones in the History Of Historic Preservation(after Peter T. Bartis, with Kathleen Condon and Doris Craig, unidentified Ms.)
Description of the Antiquities Discovered in the State of Ohio and Other Western States1784 Thomas Jefferson directs the first controlled excavation of an ancient mound in Virginia, "the first scientific excavation in the history of archaeology."
1788 Ohio Land Company protects mounds in Marietta, Ohio
1789 Northwest Ordinance protects Native American property
The American Philosophical Society circular letter requests information about antiquities, encouraging its members to provide written descriptions of the ancient site works in their local areas
1812 American Antiquarian Society founded by Isaiah Thomas
1813 efforts begin to preserve Independence Hall, Philadelphia, Penn.
1820 Atwater’s
http://olivercowdery.com/texts/1820Atwr.htm
1833 American Antiquities and Discoveries in the West by Josiah Priest is published.
1846 Smithsonian Institution established by Congress
1848 Smithsonian publishes
Ancient Monuments of the Mississippi Valley by Squier & Davis’http://www.siu.edu/~anthro/muller/Squier_1847.htm
1849 U.S. Department of Interior established
The Bureau of Indian Affairs (BIA) is transferred to the DOI.
1850 Washington’s Headquarters at Hasbrouck House acquired by State of New York
1855 Archaeology of the United States by Samuel Haven is published by the SI.
1856 Mt. Vernon Ladies Association of the Union founded by Ann Pamela Cunningham
Smithsonian publishes Samuel Haven’s Archaeology of the United States
1872 Yellowstone National Park established by United States grant under War Department as the world's first National Park. This event marks the inauguration of the policy of setting aside tracts of land in federal ownership for public use and long-term preservation of important natural and cultural resources. The land is retained in custody of the DOI.
1879 Bureau of American Ethnology established (renamed Bureau of American Ethnology (BAE) in 1897) is formed under Smithsonian Institution direction by John Wesley Powell. Anthropological studies concentrate on the then perceived disappearing Native American communities in the western states.
U.S. Geological Survey established
Anthropological Society of Washington founded
The Archeological Institute of America (AIA) is founded in Boston, MA under the leadership of Charles Eliot Norton.\
1881 Adolph Bandelier’s
Report on the Ruins of the Pueblo of Pecos exposes widespread vandalism and looting of Southwestern ruins1886-1888 Hemmenway Southwest Archaeological Expedition
1888 American Folk-Lore Society founded
Serpent Mound, Ohio, is purchased, excavated, and preserved by F. W. Putnam.
1889 Casa Grande ruins, Arizona, protected by Congress
1890 Chickamauga and Chattanooga Battlefields protected by Congress
(25 Stat. 961;16 USC 431)1894 Cyrus Thomas’ review of the Moundbuilders in the 12th Annual Report of the Bureau of American
Ethnology conclusively demonstrates Native American origin1896 Supreme Court recognizes condemnation of private property for the public purpose of historic
preservation in U.S. v. Gettysburg Electric Railway Co.1902 American Anthropological Association founded
1904 Baltimore and Boston adopt building code restrictions
(PL 59-209; 34 Stat. 225; 16 USC 431-433)(PL 59-182; 34 Stat. 203)Archaeological Institute of America Act
1907 Departments of War & Interior Land Management Agreement implements Antiquities Act
1908-1909 Archaeology used to document reconstruction at Fort Ticonderoga, NY
1909 NM Territorial Legislature decides to restore Palace of the Governors in Santa Fe
1910 Society for Preservation of New England Antiquities established
1916 National Park Service Organic Act
(PL 64-235; 39 Stat 535; 16 USC 1)36 CFR 2.5 (NPS Act of 1916) states conditions under which park superintendents may permit collection of plants, fish, wildlife, rocks, and minerals, including museum catalog requirements.
1920s Colonial Williamsburg developed
1922 Justice Oliver Wendell Holmes articulates “taking” rule in
Pennsylvania Coal v. MahonAnne Evans, John Gaw Meem, Mary Austin, Frank Mera, Carlos Vierra, et al.Committee for the Preservation and Restoration of New Mexico Mission Churches founded by
1925 New Orleans creates the first preservation commission
1926 Supreme Court upholds zoning regulation in
Village of Euclid v. Ambler Realty Co.1928 Library of Congress Archive of American Folk Song established
1931 Charleston enacts first comprehensive preservation law and creates first Historic District
1933 National Park Service Authority transfers Monuments and Parks from War and Agriculture Depts.
Works Progress Administration initiates Folklife Programs; HABS Survey
1934 1st National Folk Festival
(18 USC 2314 and 2315)National Stolen Property Act
National Historical Publications and Records Commission established
1935 Historic Sites Act of 1935
(PL 74-292; 49 Stat. 666; 16 USC 461-467)(PL 74-292; 49 Stat. 891; 25 USC 305)Indian Arts and Crafts Board Act
1937 Archive of American Folk Song funded by Congress
1945-1947 Interagency Archaeological Salvage Program
1949 National Historic Preservation Trust Act of 1949
(PL 81-408; 63 Stat 927; 16 USC 468 et seq.)1953 Submerged Lands Act of 1953
(PL 83-31; 67 Stat 29; 43 USC 1301 et seq)(PL 83-212; 67 Stat 462; 43 USC 1331 et seq.)Outer Continental Shelf Lands Act
1954 Supreme Court recognizes aesthetic considerations as a valid public purpose in
Berman v. Parker1955 Management of Museum Properties Act of 1955
(PL 84-69;16 USC 18f)1956 Federal Aid Highway Act of 1956
(PL 85-767; 72 Stat. 913; 23 USC 305)1957 Historic American Building Survey revived
Historic Preservation LawJacob Morrison publishes
1960 Reservoir Salvage Act of 1960
(PL 86-523; 74 Stat. 220; 16 USC 469-469c)National Historic Landmarks Program created
1962 UNESCO Report recommends preservation of ecological and historical regions
1963 NTHP Williamsburg Preservation and Restoration Seminar issues
Historic Preservation Today1964 UNESCO’s International Monuments Year
(PL 88-579; 78 Stat. 905)National Arts and Cultural Development Act
Housing Act of 1964
(PL 88-560)Lady Bird Johnson’s White House Conference on Natural Beauty issues
Beauty for AmericaNational Trust and American Society of Planning Officials issue
Planning for Preservation1965 Housing and Urban Development Act
(PL 89-117)Heritage So RichConference of Mayors Special Commission on Historic Preservation issues With
International Council of Monuments and Sites (ICOMOS) established
National Foundation for Arts and Humanities Act
(PL 89-209; 79 Stat. 845-855; 20 USC 951-959)Federal Water Project Recreation Act
(PL 89-72; 79 Stat. 213; 16 USC 460-12 et seq. 662)1966 American Revolution Bicentennial Commission
(PL 89-401; 80 Stat. 259)Parkscape USA planNPS announces 10-year
Lyndon Johnson's Message to Congress on Preserving Natural Beauty
National Historic Preservation Act of 1966
(PL 89-665; 80 Stat. 915; 16 USC 470)36 CFR 18 (National Historic Preservation Act of 1966), "Leases and Exchanges of Historic Property," governs the historic property leasing and exchange provisions of this law.
Department of Transportation Act of 1966
(PL 89-670; 80 Stat. 574; 80 Stat 931)Federal Aid Highway Act of 1966
(PL 89-574; 80 Stat. 771; 23 USC 135)Demonstration Cities and Metropolitan Development Act
(PL 89-754; 80 Stat. 1270; 42 USC 1500)1967 NPS Office of Archaeology and Historic Preservation established
(PL 90-247; 81 Stat. 783)Elementary and Secondary Education Amendments
Pennsylvania establishes first State Folklorist
Smithsonian hosts 1st Festival of American Folklife
1968 Federal Aid Highway Act
(PL 90-495; 82 Stat. 815; 23 USC 138) requires public hearingsNational Trail Systems Act of 1968
Wild and Scenic Rivers Act of 1968
1969 National Environmental Policy Act of 1969
(PL 90-190; 83 Stat. 852; 16 USC 470)Historic American Engineering Record established by NPS
1970 Department of Transportation Act Amendments
(PL 91-543; 84 Stat. 962; 49 USC 161)Urban Mass Transportation Assistance Act
1971 Richard Nixon issues Executive Order 11593,
Protection and Enhancement of the Cultural Environment (36 FR 8921)Alaska Native American Claims Settlement Act
(PL 92-203; 85 Stat 688; 43 USC 1601-1624)1972 Coastal Zone Management Act of 1972
(PL 92-583; 86 Stat. 1280)(PL 92-532; 86 Stat. 1052; 33 USC 1401 et seq.)Marine Protection Research and Sanctuaries Act
Pre-Columbian Monumental and Architectural Sculpture & Murals Act
(PL 92-587)1973 American Revolution Bicentennial Act
(PL 93-179; 87 Stat. 697)Procedures for the Protection of Historic and Cultural Properties (36 CFR 800)Advisory Council on Historic Preservation issues
1974 Housing and Community Development Act of 1974
(PL 93-383; 88 Stat. 633; 42 USC 5301)(PL 93-291; 88 Stat 174; 16 USC 469 et seq.) amends Reservoir Salvage Act of 1960Archaeological and Historic Preservation Act of 1974 (aka Moss-Bennett)
Amtrak Improvement Act of 1974
(PL 93-496; 49 USC 1653)USDI establishes Interagency Archaeological Services Division
National Endowment for the Arts establishes Folk Arts Program
1975 Indian Self-Determination and Education Assistance Act of 1975
(PL 93-638; 88 Stat 2206)regulationsNew York Archaeological Council adopts survey procedures to comply with Advisory Council
Conservation Foundation sponsors 1st national conference on neighborhood preservation
1976 Land and Water Conservation Fund Act
(PL 94-422; 90 Stat. 1313; 16 USC 460-4 et seq.)(PL 94-422) enact Executive Order 11593 into lawNational Historic Preservation Act Amendments
Tax Reform Act of 1976
(PL 94-455;90 Stat. 1525; 26 USC 1) provides preservation tax incentivesAmerican Folklife Preservation Act
(PL 94-201; 20 USC 2101-2107)Mining in National Parks Act
(PL 94-429; 16 USC 1908)General Authorities Act Amendments
(PL 94-458)Public Buildings Cooperative Use Act
(PL 94-541; 40 USC 601a)Federal Land Policy and Management Act of 1976 is the Bureau of Land Management "organic act" that establishes the agency's multiple-use mandate to serve present and future generations.
1977 Smithsonian Office of Folklife Programs established as independent agency
(PL 95-87; 91 Stat. 445; 30 USC 1201 et seq.)Surface Mining Control and Reclamation Act
National Center for Preservation Law founded.
1978 American Indian Religious Freedom Joint Resolution
(PL 95-341; 92 Stat 46a; 42 USC 1996)(PL 95-600; 92 Stat. 2763; 26 USC 167-191) adds 10% tax credit for rehabilitating income-producing historic buildingsTax Revenue Act of 1978
Supreme Court upholds New York City Landmarks Law in
Penn Central Transportation Co. v. New York City1979 Archaeological Resources Protection Act of 1979
(PL96-95; 93 Stat. 721; 16 USC 470)property to include folk, ethnic, and traditional use patternsNational Preservation Conference at Williamsburg recommends expanding definition of historic
1980 Alaska National Interest Land Conservation Act
(PL 96-487; 94 Stat. 2371; 16 USC 3101)(PL 96-515;94 Stat 2987;16 USC 470 et seq.)National Historic Preservation Act Amendments
Central Idaho Wilderness Act of 1980
(PL 96-312; 94 Stat 948; 16 USC 1274)Chaco Canyon National Historical Park
(V: PL 96-550)1981 Economic Recovery Tax Act of 1981
(PL 97-34; 95 Stat 172)1983 U.S. Convention on Cultural Property Implementation Act
(PL 97-446; 96 Stat 2350-2363; 19 USC 2601-2613)National Trail Systems Act Amendments
36 CFR 60 (NHPA and EO 11593), "National Register of Historic Places," addresses concurrent state and federal nominations, nominations by federal agencies, revision of nominations, and removal of properties from the National Register.
1984 Arctic Research Policy Act
(PL 98-373)1986 Sec. 48(g) and 170(h) Internal Revenue Code of 1986
(94 Stat. 3204; 26 USC 170(h))1987 Amendments to Department of Transportation Act
(PL 100-17; 49 USC 303)Abandoned Shipwrecks Act of 1987 (PL 100-298; 102 Stat. 432; 43 USC 2101)
1988 Archeological Resources Protection Act Amendments (PL 100-555; 100-588; 102 Stat. 2778; 102 Stat. 2983; 16 USC 470 mm)
Federal Cave Resources Protection Act of 1988 (PL 100-691)
National Film Preservation Act of 1988 and 1992
(PL 100-446 and PL 102-307)
1989 National Museum of the American Indian Act of 1989
(PL 101-85)1990 Native American Graves Protection and Repatriation Act
(PL 101-601; 25 USC 3001)(PL 101-628)U.S. Civil War Sites Study Act
Food, Agriculture, Conservation and Trade Act of 1990
(PL 101-508)Section 47 of the Internal Revenue Code
(PL 101-508; 104 Stat. 1388-536, 541; 26 USC 47) revised rehabilitation tax credits1991 Intermodal Surface Transportation Efficiency Act of 1991
(PL 102-240)1992 National Historic Preservation Act Amendments
1996 Executive Order 13007, Indian Sacred Sites, May 24, 1996 (61 FR 26771): instructs , to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, to accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and to avoid adversely affecting the physical integrity of such sacred sites
2000 Executive Order 13175 Consultation and Coordination With Indian Tribal Governments November 6, 2000
2003 Executive Order 13287 Preserve America - Use Historic Properties- promote Heritage Tourism March 3, 2003.
3 — Historic Preservation History
(after King, Hickman & Berg 1977, Williams 1991, Friedman [in Smith & Ehrenhard 1991])
Antiquarian Beginnings: Looting, Conquest & Veneration
Spanish Interpretations
dismisses possible origins from Atlantis or Lost Tribes of Israel in 1590• Pope Paul III declares Native Americans “true men” in 1537
• Jesuit José de Acosta suggests a Native American land bridge crossing from northern Asia and
• Dominican Gregorio Garcia supports eleven origin theories, including Atlantis, Eastern Asia,
Carthage, Lost Tribes of Israel in 1607, establishing the dominant type of interpretationMourt’s Relation
(A Journal of Pilgrims at Plymouth, 1622)• Pilgrims dig Cape Cod Native American burial sites shortly after landing
Jefferson’s
interest in local Virginia archaeology leads to:Notes on Virginia, 1787]• excavations of burial mound on his Virginia property [
• as President, American Philosophical Society, founding of a Standing Committee on Antiquities
in 1782 to collect data on archaeology, paleontology, historical geology, and ethnographyMound-Builder Controversy and Westward Expansion
Hopewellian artifacts from Cincinnati mound in AmPhilSoc Transactions, 1799• second Ohio Land Co. led by Rufus Putnam, opens Northwest Territories, settles at Marietta, OH,
1788, and reserves mounds and earthworks for public preservation
• Winthrop Sargent, Territorial Secretary of Ohio (later, 1st Gov. Mississippi Territory) reports
• Merriwether Lewis (Lewis and Clark exped.) describes Grave Creek Mound, Wheeling, WV, 1805
• Caleb Atwater compiles first thorough and accurate description of American antiquities in 1820 for
American Antiquarian Society, but identifies source as Hindu
• Josiah Priest and others attribute mounds to everyone but Native Americans, including Vikings, Irish,
Welsh, Norwegians, Greeks, Atlantis, Romans, Danes, Egyptians, Hindus, Mongols, Israelites, echoing Acosta v. Garcia• earliest government research for Smithsonian Institution by Squier and Davis in 1848,
AncientMonuments of the Mississippi Valley,
attributes mounds to extinct race connected with Mexico and Peru, not contemporary Native Americans• Samuel Haven’s 1856
Archaeology of the United States questions antiquity of native peoples in America, correctly attributes mounds to ancestors of contemporary Native Americans"Cult of Washington"
everywhere• gradual “deification” of the nation’s “founding fathers” leads to recognition of “secular shrines”—homes, wartime headquarters, places where famous people lived or great events took place
• early private efforts in 1813-1816 save Philadelphia’s Independence Hall
• by mid-century, Washington Monument was under construction and statues of Washington were
• in 1850, the State of New York purchased Hasbrouck House in Newburg, NY, Washington’s
headquarters during the last two years of the revolution—the first successful preservation acquisition in the nation• in 1858, the Mount Vernon Ladies Association of the Union, founded by Ann Pamela Cunningham
of South Carolina, purchased and began restoration of Washington’s home• other efforts were less successful:
- 1846 attempt to save Old Indian House, site of a 1704 massacre in Deerfield, Mass. failed
- national attempts to protect Valley Forge and the Hermitage were unsuccessful
- John Hancock’s Boston home was demolished in 1863 despite preservation efforts
Archaeological Interest in Monumental Sites
U.S. Geological Exploration of the Fortieth Parallel• early Trans-Mississippi explorations
- Lewis & Clark (1804–1806)
- Zebulon Pike (1805–1806)
- John C. Fremont (1842–1844, 1845–1846)
- William Emory (1846)
• 1846–1849: Mexican War and the Army of the West
- Randolph Marcy (1849)
- James Simpson (1850) Chaco Canyon and Canyon de Chelly
• U.S. Army Topographical Engineers great western surveys
- Clarence King (1867)
- John Wesley Powell (1867)
U.S. Geographical and Geological Survey of the Rocky Mountain Region- Ferdinand Hayden (1867)
U.S. Geological and Geographical Survey of the Territories- Lt. George Wheeler (1871–1879)
U.S. Geographical Surveys West of the 100th Meridian• Adolph Bandelier’s 1881 testimony on looting at Pecos Pueblo and other ruins
• Harrison’s 1892 Executive Order establishes Casa Grande ruin in Arizona as the first national
archaeological reservation4 —
The Preservation Ethic and the Federal Government, 1870-1900Dept. of Interior
formed in 1849 to manage federal lands, administer relations with Native Americans1879
: A Watershed Year in Anthropology and PreservationSurveys West of the 100th Meridian published• U.S. Geological Survey founded
• Bureau of American Ethnology established by Smithsonian to conduce "salvage" ethnography
• joint directorship of USGS & BAE under Major John Wesley Powell
• Anthropological Society of Washington (later American Anthropological Assn.) founded
• Archaeological Institute of America founded
• F.W. Putnam’s archaeological volume in
• anthropologist Lewis Henry Morgan elected president of the American Association for the
Advancement of ScienceGrowing Momentum in Preservation
All the beams...are quaintly carved...much scroll work terminating them. Most of this has been taken away, chipped into uncouth boxes, and sold, to be scattered everywhere. Not content with this, treasure hunters...have recklessly and ruthlessly disturbed the abodes of the dead.”• A.F. Bandelier reports looting of Pecos and other ruins in 1881:
“...the vandalism committed in this venerable relic defies all description...
• in 1882, Senator George F. Hoar (Mass.) introduces preservation petition prepared by the Historical
Genealogical Society of Boston to Senate, asking that:sale and their antiquities and ruins be preserved, as they furnish invaluable data for...ethnological studies...”“at least some of these extinct cities and pueblos...be withheld from public
• Yellowstone superintendent P.W. Norris issues staff directive establishing future park policy:
for evidences of prehistoric peoples, careful scrutiny is required for all materials handled in [maintenance] excavations; all...objects of interest are to be regularly retained and turned over daily to the officer in charge...for transmittal to the National Museum in Washington.”“As all civilized nations are now actively pushing explorations and researches
• privately funded Hemmenway Southwestern Archaeological Expedition (1886-1888) under the
direction of Frank H. Cushing (BAE) documents looting at Casa Grande ruin, leading to:Parkman, Mrs. Henry Cabot Lodge, Oliver W. Holmes, John Greenleaf Whittier, approved by Congress and implemented by Harrison’s 1892 Executive Order, establishing the ruin in Arizona as the first national archaeological reservation•1889 petition to Congress, sponsored by Senator Hoar, signed by Mary Hemmenway, Francis
• academic anthropology is established at Harvard, Berkeley, and Columbia under Franz Boas
• Peabody Museum’s Fredric Putnam raises private money in Boston to acquire Great Serpent Mound
in 1880s, subsequently deeded to State of OhioGrowth of House Museums and Private Preservation
Harvard University. Frederic Putnam, appointed Director in 1875, later founds other academic museums, including American Museum of Natural History in New York, Chicago Field Museum, and University of California, Berkeley• Peabody Museum of American Archaeology and Ethnology founded in 1866 by George Peabody at
• Mid-Atlantic: 1876 Centennial Celebration encourages preservation, especially in Philadelphia
• South: in the 1890s, the Association for Preservation of Virginia Antiquities focuses preservation
efforts on a district rather than a single site, with erosion protection of Jamestown Island• West: focus on repair of Spanish-Mexican missions after secularization in 1834
• economic depression of 1890s slows federal funding of preservation efforts
Looting Accelerates in the West
Bonito in Chaco Canyon for display at the American Museum of Natural History, sparking a petition by the Santa Fe Archaeological Society and a special investigation by the Secretary of Interior recommending withdrawal of Chaco pending designation as a national park• as early as 1862, a commercial market develops for antiquities
• by 1880, inhabitants of Charlestown, Missouri were mining sites in parties of 25–30 persons
• William Henry Jackson is the first non-indian to enter Mesa Verde in 1874
• 1869-1879—Hyde Expedition guided by the Wetherill Bros. removes whole rooms from Pueblo
• 1888—Richard Wetherill discovers Cliff Palace, Mesa Verde
• 1890—Richard Wetherill sells a Mesa Verde collection to Denver Historical Society for $3,000
• 1891-1892—Swedish explorer Gustav E.A. Nordenskjold joins Wetherill Bros. in Mesa Verde
excavations, shipping artifacts to Sweden. The collection was sold to Herman Antell in 1893, who willed it to the people of Finland, where it still resides• 1893—Richard Wetherill discovers Basket Maker "mummies" in Four Corners area
• looting encouraged (often officially) by major exhibitions of prehistoric American artifacts:
of Colorado and Utah to recover artifacts for exhibit)- 1892 —Columbian Quadricentennary, Madrid, Spain
- 1893 —World’s Columbian Exposition, Chicago (as many as 100 citizens employed by States
- 1904 —Louisiana Purchase Exposition, St. Louis
• in 1896, Richard Wetherill attempts to file homestead claim on Chaco ruin of Pueblo Bonito
Lecture 5 —
Beyond Chaco Canyon:Federal Preservation in the 20th Century
(after Kristine Olson Rogers,
Visigoths Revisited—the prosecution of archaeological resource thieves, traffickers and vandals, unpublished Ms., 1984)Establishing the Federal Program
Dwellers”region and El Morro in New Mexico; Petrified Forest and Montezuma’s Castle in Arizona; and Mesa Verde in Colorado. Custodians were appointed for Casa Grande, Walnut Canyon, and Canyon del Muerto in Arizona• by 1904, General Land Office had withdrawn Pajarito Cliff Dwellers area (Bandelier), Jemez Cliff
• Chaco Canyon withdrawal took place in 1905, after an investigation recommended against
Richard Wetherill’s 1986 homestead claim on Pueblo Bonito• Antiquities Act was passed and signed by Theodore Roosevelt, June 8, 1906, after six years
of effort in three Congresses:- 56th Congress (1900): five versions, all of which died in the House:
preservation of natural and historic areas with unlimited amounts of reserved lands1) HR 8066 by Dept. of Interior, Archaeological Institute of America & AAAS recommended
2) HR 8195 by Public Lands Committee provided only penalties for looting
3) HR 9245 protected no more than 320 acres around each Four Corners ruin
4) GLO’s HR 11021 expanded on Interior’s draft, establishing national parks
5) Public Lands Committee proposed highly restrictive compromise in HR 10451
- 58th Congress (1904): two versions, both defeated:
academic & scientific communities, but was strongly opposed and defeated by Smithsonian1) Rodenberg/Lodge HR 13349/S 5603 revived the original Interior bill supported by
2) Regents of Smithsonian bill HR 12447/S4127 gave Smithsonian greater control over
excavations and collections; defeated by independent scholars- 59th Congress (1906): Rep. John Lacey of Iowa introduced HR 13349, a verbatim version of
Edgar Lee Hewett’s proposal, signed into law by T. Roosevelt, June 8, 1906, including:historic or scientific interest,” including natural areas1) protection of antiquities on “lands owned or controlled” by U.S. government
2) inclusion of “historic landmarks, historic and prehistoric structures and other objects of
3) monuments limited to “smallest area compatible with proper care and management,” rather than specified acreage in previous bills
4) introduced term “National Monument”
5) authorized Secretary of Interior to accept donations of private land
6) authorized promulgation of regulations
role in administering National Monuments• 1st National Monument: Devil’s Tower, Wyoming, 1906
• 1st National Park established under the new Antiquities Act: Mesa Verde, Colorado, 1906
• 1907—Uniform Rules and Regulations: Secretaries of War, Agriculture, Interior, giving Interior lead
• 1908—Grand Canyon declared National Monument (National Park in 1919)
• by 1909, 18 National Monuments created, equally divided between Interior and Agriculture Depts.
Birth of the National Park Service and a Modern Advocacy
Research) under the auspices of AIA, in Santa Fe• established in 1916, transferred to Dept. of Interior under the Reorganization Act of 1933
• assigned central role in managing federal historic properties
• emphasis in Interior shifts from exploration and discovery to management of special areas
• 1906 —Congress charters Archaeological Institute America
• 1907 —Edgar Hewett founds the School of American Archaeology (later School of American
• 1908 —black cowboy George McJunkin finds fossil bison remains with artifacts at the Folsom site
• 1908-1909 —archaeological reconstruction of Ft. Ticonderoga, NY
• 1909 —Edgar Hewett founds the Museum of New Mexico, Santa Fe
• 1910 —Society for Preservation of New England Antiquities founded by Wm. Sumner Appleton
- pioneered the concept of "adaptive use"
- priority of architectural character over patriotic associations in preservation decisions
• 1911 —A.V. Kidder begins systematic survey of Pajarito Plateau ceramics
• 1912 —Nels Nelson begins survey of the Rio Grande Valley
•• interruption of World War I
• 1920s —archaeology and reconstruction of historic town of Williamsburg, Virginia sponsored by
John D. Rockefeller, Jr., under direction of Rev. Wm. Goodwin• 1925 —State of Illinois acquires 144 acres to create Cahokia Mounds State Park
• 1927 —A.V. Kidder convenes the First Pecos Conference
• principles of archaeological seriation, stratigraphy, and classification refined in the Southwest
The Great Depression: FDR "Makes Work"
continues until the eve of World War II• the beginning of a national program in historic preservation
• Historic American Building Survey established in 1934 to employ 1000 architects for six months
- establishes policy of preservation regardless of ownership
- serves as a professional training ground for historians and architects
• Society for American Archaeology founded in 1934
• Historic Sites Act of 1935 signed by FDR
- first assertion of federal preservation policy
- establishes "national landmarks"
• Works Progress Administration and Tennessee Valley Authority: first large-scale federal "salvage"
archaeology program- coordinated by Smithsonian
- strong emphasis on fieldwork with little concern for reporting
- oriented toward reservoir salvage
- onset of separation between archaeology and mainstream historic preservation
After World War II
designate additional historic landmarks• post-war public works and reservoir construction to maintain economic recovery
- Smithsonian “River Basin Surveys” and Salvage
- Interior Interagency Archaeological Salvage Program 1946
• unexpected post-war building boom threatens preservation
- 1947 —meeting of National Council for Historic Sites and Buildings leads to 1949 charter of the
National Trust for Historic Preservation
- 1957 —Historic American Building Survey revived; Historic Sites Survey reactivated to
• new interstate highway system initiated by Eisenhower in the late 1950s produces a new threat
to rural archaeology and urban architecture• Reservoir Salvage Act of 1960 formalized the National Park Service lead role in reservoir survey
and salvage, allowing the Smithsonian to withdraw from its former lead roleNew Perspectives - JFK and the 1960s
• the era of the New Frontier, New Math, New Archaeology
• major rennaissance in archaeological method and theory
- evolutionary, processual, environmental, probabilistic theories
- emphasis on systematic survey, small sites, interdisciplinary collaboration
- the birth of “ethnoarchaeology: Apache wickiups, tombstones, grocery stores, garbage
- historic archaeology shifts emphasis to ethnic sites, vernacular architecture
• Historic Preservation’s identity crisis: emphasis shifts to new values
- communities, neighborhoods; visual values and quality of life
Environmentalism, Planning, Preservation
and Urban Development• another modern threat: 1960s Urban Renewal programs under the new Department of Housing
• powerful preservation allies: Rockefeller family; Nelson Rockefeller, Governor of New York State;
Lady Bird Johnson; Stewart Udall, Secretary of Interior• UNESCO 1964 "International Monuments Year"
• Lady Bird Johnson’s 1965 White House Conference on Natural Beauty leads to the Special
Committee on Historic Preservation, whose 1966 report With Heritage So Rich, sponsored by the U.S. Conference of Mayors, recommends:- historic buildings as part of modern environment
- an independent Advisory Council on Historic Preservation
- expansion of national landmarks
- a National Register of Historic Places
- surveys in advance of construction projects
- a program of grants, loans, scholarships, and tax incentives
National Historic Preservation Act of 1966
Historic Places, Advisory Council on Historic Preservation, and State Historic Preservation Officers• established Section 106 consideration of effects, Section 110 inventory, National Register of
• NPS established Office of Archaeology and Historic Preservation
- failed to provide leadership, consequently ACHP issued its own regulations 36 CFR 800
National Environmental Policy Act of 1969
historic, cultural, and natural aspects of our national heritage” [Sec. 101(b)(4)]• clear requirements for survey and mitigation of impacts under the mandate to “preserve important
Executive Order 11593
Protection and Enhancement of the Cultural Environment - Nixon 1971 (36 FR 8921)• required inventory, caution & protection & maintenance policies
• naive: inventory of all eligible properties under agency control no later than July 1, 1973
• incorporated in NHPA 1976 amendments to Sec. 110
36 CFR 800 - 1973 - ACHP
Protection of Historic PropertiesSave the Courthouse Committee v. Lynn (1975)•
- held that NEPA & NHPA applied to federal undertakings
•
Stop H-3 Association v. Coleman (1976)- unilateral Interior determination if agencies failed to determine eligibility of an endangeredhistoric property
The Archaeological Trajectory
Archaeological and Historic Preservation Act of 1974
(Moss-Bennett)Chapman (Univ. Missouri) and C.R. McGimsey III (Univ. Arkansas)• grew from concerns expressed by Mississippi Alluvial Valley Archaeological Program led by Carl
• archaeological sites were being destroyed at a rapid rate by federally assisted programs not
covered by Reservoir Salvage Act• principal loss from Soil Conservation Service land-leveling projects
- acreage of lands leveled by SCS in Arkansas:
- prior to 1953: 20,000 acres
- during 14 years between 1953 and 1967: 783,879 acres
• initially, Moss-Bennett was confusing:
archaeology,” which was consistent with a wider historic preservation philosophy- overlapping but not integrated with state programs established by NHPA
- continued to emphasize “salvage” approach in contrast to Lipe’s 1974 “conservation
- clarified by 1975 OAHP “statement of program approach,” defining National Register eligibility
as the threshold for consideration under Moss-Bennett, effectively linking the programs• slow development of regulations by OAHP and 11593 mandate encouraged other federal
agencies to develop their own regulations and archaeological staffLecture 6 —
Keystones Of The 1960S: NHPA and NEPA(after Duerksen, ed. 1983)
Increasing federal impact during 1960s
• urban renewal
• interstate highways
Status of federal preservation during the early 1960s
• National Monuments and Landmarks
• validity of regulatory "takings" of historic properties
• acquisition of private properties for preservation
• preservation of sites on federal lands
• NPS assistance and directives to specific agencies
Growth in national pressure for preservation legislation
1962 - UNESCO Report
- recommends preserving ecological and historic regions1963
- National Trust for Historic Preservation and Colonial Williamsburg issue Historic Preservation Today, criticizing reliance on private volunteerism1964
- UNESCO International Monuments YearNTHP and American Society of Planning Officials issue Planning for Preservation, noting that 42 states already had state historic preservation programs-
- Task Force on Preservation of Natural Beauty
1965
- White House Conference on Natural Beauty issuesBeauty for America, recommending formation of a Special CommitteeWith Heritage So Rich , recommending:- Special Committee on Historic Preservation, sponsored by U.S. Conference of Mayors, issues
- history as part of modern environment
- a National Register of Historic Places
- Advisory Council
- state grants and IRS Tax Code incentives
- federal agency preservation policy and guidelines
- surveys in advance of construction
National Historic Preservation Act of 1966
• key elements:
- statement of federal policy
- identification and protection of historic properties
- broad definition of significance: national, state, local
- National Register of Historic Places
- Advisory Council on Historic Preservation
- State Historic Preservation Officers
- Section 106 Review of federal undertakings
• by the 25th anniversary of NHPA (1991):
- 58,000 listings on the National Register, incorporating 800,000 resources
- 25,000 buildings and structures documented by HABS/HAER
- 2,000 National Landmarks
- 22,000 historic buildings rehabilitated
- 600 Main Street preservation programs in 31 states
Identification and Listing in National Register
• Methods for Inclusion:
- nomination by State Historic Preservation Officer, certified local government, individuals
- nomination by head of a federal agency
- designation as National Landmark by Secretary of Interior
- addition to National Park System by Congress
• Property Types: building, structure; object, site, district, landscape
• Historic Contexts: theme, geographic limits, chronological period, property types
• Integrity: location, design, setting, materials, workmanship, feeling, association
• Criteria for Evaluation:
Associative Value:
A—Event
B
—Person
Design/Construction Value:
C—Type
Information Value:
D— Information Potential
• Criteria Considerations: provide broad exceptions
- A: religious properties
- B: moved properties
- C: birthplaces or graves
- D: cemeteries
- E: reconstructed properties
- F: commemorative properties
- G: properties significant within last 50 years
• Significance is subjective
• Procedures for Evaluation
- by SHPO under an approved state plan with a review board
- certified local government approved by SHPO and Secretary of Interior
- by federal agency under agency programs per EO 11593 (1971) and Section 110
- SHPO comment and cooperation with agencies
- county, municipal and owner notice and comments
• Effect of Listing
- creates an inventory of properties useful as a planning tool
- legal tool ensuring Section 106 review
- injunctions for noncompliance can be issued against nonfederal parties and municipalitiesinvolved in federal undertakings or federally licensed
- properties become eligible for benefits
- does not prohibit proposed federal undertakings with adverse effects on historic properties
• Eligibility Determination for purposes of Section 106
- by declaration of Secretary of Interior if owner objects to listing
- by determination of Secretary of Interior upon request by federal agency
• Advisory Council on Historic Preservation
- independent federal agency established by Section 201, NHPA
- membership:
- Chairman from the general public appointed by the President
- Secretary of Interior
- Architect of the Capitol
- Secretary of Agriculture and heads of four other federal agencies
- one Governor appointed by the President
- one mayor appointed by the President
- President of National Conference of State Historic Preservation Officers
- Chairman of the National Trust for Historic Preservation
- four experts in historic preservation
- three at-large members from the general public appointed by the President
- one Native American appointed by the President
• challenges to ACHP regulations, procedures, and agreements rejected in:
National Center for Preservation Law v. Landrieu (1980)-
-
Natural Resources Defense Council v. City of New York (1981)National Environmental Policy Act of 1969
requires:of depletable resources"- federal agencies evaluate environmental impacts of proposed actions
- consider alternatives to proposed actions
- provide information on environmental effects for decision makers
- disclose effects to public
- applies to all historic resources v. eligible and listed (per NHPA)
- applies only to "major federal action" v. "undertaking" (NHPA)
• Sec. 101 - set goals for protection of environment
- (2) "safe, healthful, productive, and esthetically and culturally pleasing surroundings"
- (4) "preserve important historic, cultural, and natural aspects of our national heritage"
- (6) "enhance the quality of renewable resources and approach the maximum attainable recycling
• Sec. 102 - established procedural requirements
- utilize systematic, interdisciplinary approaches
- develop alternatives to the proposed action
- agencies must include a detailed statement that:
- identifies environmental impact of proposed action
- identifies unavoidable adverse impacts
- identifies alternatives
- compares short-term use v. long-term productivity
- states irreversible and irretrievable committments of resources, and
- consult with other federal agencies
- furnish copies to President, Council on Environmental Quality, general public
• limits action during evaluation
• establishes Council on Environmental Quality
• CEQ (Council on Environmental Quality) Regulations (1979):
under Andrus v. Sierra Club (1979)- have the force of law, Executive Order 11991 (1982) - federal agency compliance mandatory
- impacts addressed must include: "aesthetic, historic, cultural"
- "whether direct, indirect, or cumulative"
- must consider unique features like historic or cultural resources
- agencies must adopt implementing procedures
Lecture 7 —
Additional Federal Preservation Laws and ProgramsNational Park Service
• National Park System internal programs
• programs for other federal and private lands
- National Register of Historic Places (Interagency Resources Management Division, IRM)
- Determinations of Eligibility (IRM)
- National Historic Landmarks (History Division)
- annual reports to Congress on endangered NHLs (Preservation Assistance Division, PAD)
- Tax Certification (IRM, PAD)
- Preservation Fund Grants-in-Aid (PAD)
- Technical Preservation Information and Assistance (PAD)
- Recording Historic Sites (HABS/HAER)
- Archaeological Protection (Archeological Aaaistance Div./Dept. Consulting Archeologist)
- Transfer of Historic Surplus Property (PAD; General Services Admin.)
Antiquities Act of 1906
• authorized designation of National Monuments by the President
• first enforcement program: fines not to exceed $500 and/or 90 days in jail
• authorized a permit system by Secretaries of Interior, Agriculture, and War
Historic Sites Act of 1935
Historic Landmarks (1960)• first explicit statement of a national preservation policy
• limited to sites of national significance
• established HABS, HAER, National Survey of Historic Sites and Buildings, and National Register of
• authorized site surveying and recording; acquiring property, cooperative agreements, site
management, technical assistance, chartering corporations, education programs
• fines not to exceed $500
Reservoir Salvage Act of 1960, (amended by)
Archaeological and Historic Preservation Act of 1974
• applied to dam construction, roads, railroads, highways
• federal construction projects or licensed activities
• reports made available to public
• funds not to exceed 1% of total appropriated for project available for data recovery
Department of Transportation Act of 1966
Citizens to Preserve Overton Park v. Volpe• declares a national policy to make special efforts to preserve and enhance natural beauty
• prohibits approval of projects requiring use of any significant historic site
- unless no feasible or prudent alternative exists, and
- all possible planning is undertaken to minimize harm
• broader than Sec.106—any property determined significant by federal, state, or local authority
• no physical intrusion is required to constitute “use”
•
- U.S. Supreme Court refused balancing of values, upheld strict two-part standard:
1) “no feasible and prudent alternative” 2) “all possible planning to minimize harm”
- determined parkland protection to be of “paramount importance”
Executive Order 11593 (1971)
• locate, inventory, and nominate no later than July 1, 1973; codified in 1976 NHPA Amendments
Railroad Revitalization and Regulatory Reform Act of 1976
Amtrak Improvement Act of 1973
• provide grants and directives to reuse old railroad stations
Public Buildings Cooperative Use Act of 1976
• authorized GSA to acquire and use buildings of historic, architectural or cultural significance
• incorporated in Sec. 110 1980 NHPA Amendments
Costal Zone Management Act of 1976
• provides grants for planning and protection of cultural and historic resources
Federal Land Policy and Management Act 1976
National Forest Management Act of 1976
• requires agencies to consider and protect cultural resources on its lands
Wild and Scenic Rivers Act of 1976
• allows nationally significant rivers and their associated historic features to be protected
Surface Mining Control and Reclamation Act of 1977
• indirect protection on private lands by not allowing permits to mine until all eligible properties areidentified and not subject to adverse effect
Native American Religious Freedom Act (1978)
• codified First Amendment protection of freedom of religion, including rights of access to sites
Archaeological Resources Protection Act of 1979
U.S. v. Diaz (1974) declared Antiquities Act to be unconstitutionally broad•
• ARPA provided detailed definitions, established a new permit system
• by definition, limited archeological properties to 100 years or older in age
• established new criminal and civil penalties covering:
- excavation, removal, damage, or alteration on federal land
- sale, purchase, exchange, transport, receipt of items taken in violation of the Act
- not more than $10,000 and/or 1 year
- if value exceeds $500 - $20,000/2 years
- subsequent offense - $100,000/5 years
- rewards up to $500
- forfeiture of vehicles and equipment used in violation
• mandated confidentiality of location and protection from Freedom of Information Act
Abandoned Shipwreck Act of 1987
• asserts U.S. title to embedded and submerged abandoned shipwrecks within States for recreational, educational, and research access and recovery
Native American Graves Protection and Repatriation Act of 1990
remains, burial sites, funerary objects, sacred objects, and cultural patrimony• provides for protection, notification, ownership claims, and repatriation of Native American human
• requires agency and museum collections inventories
• review committee of Native American religious leaders, museum and scientific professionals
Intermodal Surface Transportation Efficiency Act of 1991
acquisitions; preservation of historic transportation buildings, structures, facilities, and abandoned railway corridors; archaeological planning and research• provides funding for Transportation Enhancement Activities: scenic and historic easements;
8 —
Documenting Historic Buildings(after McHugh, Lloyd, Hand and Associates 1985)
Why Research?
• curiosity
• improves community planning
• enhances community identity
• rehabilitation increases property value
• adaptive reuse conserves resources
Documentary Sources
Public Records
• County Clerk's Office
- Deeds, Titles, Plat Maps, Mortgages
- Building Permits
- Tax Records
- City Directories (from 1880s onward)
- Wills
• Local Libraries and Church Records
- Census Records (from 1910s onward)
- City, County, Local, Family Histories
- Baptismal & Birth Certificates
- School Records
- Telephone Directories
• BLM District Office
- Patent Records
- Historic Plat Maps
- Mining Claims
Archives
New Mexico Newspapers - Grove, Barnett, Hansen• University, Library and Professional Historical Collections
- Photographs
- Rio Grande Historical Collections (NMSU)
- Newspapers and Magazines
- Obituaries, Legal Notices
- Postcards, Manuscripts, Memorabilia
• Historical Society Collections
• National and Federal Agencies
•
- catalogs existing collections by banner name, location, dates
Maps And Plans
• Bird's Eye View Drawings (1880s-1890s)
• Sanborn Insurance Maps (1890 - 1970)
• Zimmerman Library (UNM), State Library, NM Records Center
• Architectural Drawings and "Stock Plans"
- Sears & Roebuck prefabs
- local architectural firms
• HABS/HAER Drawings–Library of Congress
• State Archives, Museum of New Mexico History Library
• Out-of-Date USGS Maps - 15' and 7.5'
• Historic Military Maps
• Soil Conservation Service aerial photos (1930s)
Existing Inventory
• ARM System
• State and National Registers
• New Mexico Historic Building Inventory
• Historic American Building Survey
• Historic American Engineering Record
Personal Sources
• Oral Histories
- public libraries, historical societies
• Published Folk Memoirs
• Family Albums
• Scrapbooks and Memorabilia
• Genealogies
• County Histories
Published References
- Westphall,
Public Domain in New Mexico- Pearce,
New Mexico Place Namespermission to reproduce in entirety (with appropriate credit) is granted to educational intsitutions and
teachers, number of copies not to exceed number of students registered plus five copies.http://alamo.nmsu.edu/~peidenba/HPLectureOutlines.pdf