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4-1 Final Project Milestone Two: Projecting Into the Future Arianna Reiley ATH-320 Virginia Government Code of Virginia Code - Chapter 23. Virginia Antiquities Act . (2023). Retrieved December 10, 2023, from Virginia.gov website: https://law.lis.virginia.gov/vacodefull/title10.1/chapter23/ The Virginia Antiquities Act ensures the identification, preservation, and protection of historical sites and archaeological finds on state-controlled land or archaeological sites. This act also prevents the damage or removal of objects of antiquity and calls for penalties for any such removal. The National Historic Preservation Act. (n.d.). Retrieved from https://www.achp.gov/sites/default/files/2018-06/nhpa.pdf The National Historic Preservation Act, specifically section 106, calls for identification and assessment of historical sites and archaeological finds on or off federally owned or controlled property. Section 106 states that any projects approved, funded, licensed, or permitted by any federal agency are required to undergo assessment for any negative adverse effects the project might have on the site or objects discovered. In the event that the project might have negative effects, federal agencies are required to work with other parties in order to mitigate or prevent these effects. (“What Is Section 106? - Preservation Virginia,” 2020) Section 106 is essentially a system of checks and balances that protects historical and cultural sites.

In Richmond, Virginia in 2021, a structure dating back to before the Civil War was discovered during a construction project. A 42 foot long tunnel-like structure was discovered during the construction of a campus extension and after thorough assessment of the structure, it was determined to not have any broad historical significance. However, elements of the structure will still be preserved and displayed to represent the history of the site. (Keller, 2023) This is an event in which construction came to a halt in order to determine the historical and cultural significance of a potential archaeological find. After significance was determined, the project could continue. There seemed to not be any ethical concerns with this project or the site in question: as soon as the structure was discovered, the proper teams and authorities were contacted in order to assess the area, and the construction team had no prior knowledge of the site. When it comes to the current project being discussed, the government in Virginia is deeply familiar with archaeological sites and artifacts. The state's preservation and conservation acts will serve as a guideline to prevent unethical behavior in the first place, but there is still risk. They could be personally motivated to get their highway constructed at any and all costs but checks and balances systems in place and the amount of interested parties would prevent something like this taking place. Previous Landowners H.R.1316 - 117th Congress (2021-2022): National Heritage Area Act of 2021 . (2021). Retrieved December 10, 2023, from Congress.gov website: https://www.congress.gov/bill/117th- congress/house-bill/1316

The National Heritage Area Act allows for historical, scenic, and cultural sites to be recognized and for their areas to be conserved and protected. This Act recognizes culturally significant areas and calls for technical and financial assistance to support the development and protection of these areas. (“H.R.1316 - 117th Congress (2021-2022): National Heritage Area Act of 2021,” 2021) If the family can provide historical and cultural connection to the archaeological site, they may have some claim to discussions surrounding the preservation and protection of the site and artifacts. State Archaeology - DHR. (2023, December 5). Retrieved December 11, 2023, from DHR website: https://www.dhr.virginia.gov/programs/state-archaeology The Antiquities Act states that certain privately owned sites are protected under the owner's consent, but these owners have likely forfeited all right to the property during the sale. While the previous landowners have sold the property to the private university, but they may be able to claim heritage over the site and/or artifacts depending on the findings if they qualify to be archaeological site stewards (“State Archaeology - DHR,” 2023). This can present an ethical problem if it turns out the family has no actual link to the site and tries to claim ownership over it anyways. We have no indication that the family has experienced this in the past, but we can assume that this is new to them as well. There is also no current indication of ethical problems within the situation from the landowners. Private University Code of Virginia Code - Chapter 23. Virginia Antiquities Act . (2023). Retrieved December 10, 2023, from Virginia.gov website: https://law.lis.virginia.gov/vacodefull/title10.1/chapter23/

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As the university in question is undisclosed, it's impossible to know if they have been involved in something like this in the past. Both the university and the previous landowners have the same sources: whoever is the owner of this archaeological site has the claim over the land and archaeologists will need to cooperate with them in order to properly examine and preserve the site and any discovered artifacts. Clark, David. State Control of Archaeological Resources on Private Land. Retrieved December 10, 2023 from https://scholarship.law.wm.edu/cgi/viewcontent.cgi? filename=5&article=1029&context=wmcl&type=additional Because the university is the one in control of the land, state agencies will need to get consent and cooperate with the university to perform any assessments or excavations on the site. Permits will likely be required and the federal agency does have the power to declare the site as a historical landmark (Clark, David). There doesn't seem to be any ethical concern with the university's interest in the archaeological site, as the university has much to gain from abiding by regulations and being culturally sensitive. The relationship between the university and both federal agencies and local indigenous groups can be improved based on the treatment of the archaeological site. The university's study and preservation of these artifacts and their cooperation with federal agencies can lead to beneficial partnerships or sponsorships to improve their programs. An ethical problem can arise if the university does not cooperate with the associated cultures and peoples the site and artifacts are connected to, especially if the university attempts to profit off of it. Native American Groups

25 USC Ch. 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml? path=/prelim@title25/chapter32&edition=prelim The Native American Graves Protection and Repatriation Act, or NAGPRA, ensures that federal agencies are prepared to repatriate and transfer cultural items, human remains, and other archaeological finds to their respective living descendants of various Native American indigenous groups. The act reinforces protection and preservation of such objects and artifacts by encouraging proper handling and development of the site. 16 USC Ch. 1B: ARCHAEOLOGICAL RESOURCES PROTECTION . (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml? path=/prelim@title16/chapter1B&edition=prelim The Archaeological Resources Protection Act, or ARPA, governs excavation on archaeological sites in private, federal, and Native American lands. It encourages cooperation between individuals, federal agencies, and cultural groups and states that these archaeological sites are endangered and irreplaceable parts of the Nation's heritage (“16 USC Ch. 1B: ARCHAEOLOGICAL RESOURCES PROTECTION,” 2018). This Act aims to secure and protect archaeological resources and sites on Native American land in particular and to prevent further loss and destruction of these sites. There are no indications or concerns of ethical problems regarding Native American groups and this archaeological site. Their interest comes from centuries worth of oppression and scrutiny throughout the country. They have fought for years for the right to their own cultural and historical items and the various sources listed above ensure that this process is done ethically.

The existence of such acts shows that this is a necessary fight for these groups. Native American groups all across America have consistently fought for their right to bury their ancestors according to their traditions and maintain ownership of precious and sacred cultural objects (Boissoneault, 2020), so this is by no means something new for this stakeholder. UNESCO United Nations Declaration on the Rights of Indigenous Peoples | Division for Inclusive Social Development (DISD) . (2015). Retrieved December 11, 2023, from Un.org website: https://social.desa.un.org/issues/indigenous-peoples/united-nations-declaration-on-the-rights-of- indigenous-peoples UNESCO would be interested in both the preservation of the archaeological site, depending on its historical significance, as well as cooperating with indigenous peoples to identify, manage, protect, and present pieces of world heritage (Centre, n.d.). UNESCO has developed multiple global strategies that encourage the recognition of and cooperation with various indigenous peoples and have established groups and declarations that directly address the rights and concerns of indigenous peoples. Routes of Enslaved Peoples . (2023). Retrieved December 11, 2023, from Unesco.org website: https://www.unesco.org/en/routes-enslaved-peoples UNESCO might also be interested due to the potential connection to slavery at the site. UNESCO's Routes of Enslaved Peoples project aims to provide educational materials and training revolving around themes of slavery, its abolition, and enslaved peoples. The connection at this site would give UNESCO another reason to want to be involved.

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UNESCO is consistently involved with archaeological sites and works with federal agencies across the world in order to preserve and protect sites and objects of historical and cultural significance. They would be familiar with regulations and laws when it comes to investigating a site with potential historical significance, and there are few ethical concerns with their involvement.

Works Cited Code of Virginia Code - Chapter 23. Virginia Antiquities Act. (2023). Retrieved December 10, 2023, from Virginia.gov website: https://law.lis.virginia.gov/vacodefull/title10.1/chapter23/ The National Historic Preservation Act. (n.d.). Retrieved from https://www.achp.gov/sites/default/files/2018-06/nhpa.pdf What is Section 106? - Preservation Virginia. (2020). Retrieved December 10, 2023, from Preservation Virginia website: https://preservationvirginia.org/what-is-section- 106/#:~:text=Section%20106%20is%20a%20review,have%20on%20significant%20historic %20resources . Keller, R. (2023, May 12). Civil War structures found underneath CoStar construction site. Retrieved December 10, 2023, from WRIC ABC 8News website: https://www.wric.com/news/local-news/richmond/civil-war-structures-found-underneath-costar- construction-site/ H.R.1316 - 117th Congress (2021-2022): National Heritage Area Act of 2021. (2021). Retrieved December 10, 2023, from Congress.gov website: https://www.congress.gov/bill/117th-congress/house-bill/1316 State Archaeology - DHR. (2023, December 5). Retrieved December 11, 2023, from DHR website: https://www.dhr.virginia.gov/programs/state-archaeology/ Clark, David. State Control of Archaeological Resources on Private Land. Retrieved December 10, 2023 from https://scholarship.law.wm.edu/cgi/viewcontent.cgi? filename=5&article=1029&context=wmcl&type=additional

25 USC Ch. 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml?path=/prelim@title25/chapter32&edition=prelim 16 USC Ch. 1B: ARCHAEOLOGICAL RESOURCES PROTECTION. (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml? path=/prelim@title16/chapter1B&edition=prelim Boissoneault, L. (2020, February 25). A First Nation, a Fight for Ancestral Lands, And an Unlikely Alliance. Retrieved December 11, 2023, from Atlas Obscura website: https://www.atlasobscura.com/articles/first-nations-archaeology-in-canada Centre, U. W. H. (n.d.). World Heritage and Indigenous Peoples. Retrieved from UNESCO World Heritage Centre website: https://whc.unesco.org/en/activities/496/

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