Federal Archeology, Summer 1994

48 Pages·1994·5 MB·English

by  National Park Service

I 29.59/5: 7/2
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< ». ^ ^* ^L- 7> No- 2 / Summer 1994
VI.
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Special Report
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A
Time Seamless Cooperation
for
People See One Government, Not Separate Agencies
Francis p.McManamon
As THE GOVERNMENT STREAMLINES its operations under the holdcollectionsformultiple agencies; carryingoutinventoriesof
National Performance Review, federal bureaus face many chal- Native American human remains and funerary objects at muse-
lenges. Oneofthe mostimportantis improvingthemanagement ums; undertaking cultural affiliation studies; meeting and con-
of archeological collections, reports, and records from public sulting with Indian tribes andNative Hawaiian organizations.
lands and projects. Such cooperative efforts could, perhaps should, become the
Archeological collections make up more than halfofthe mu- meansbywhichfederalagenciesidentifyalloftheirarcheological
seum property administeredby the government. collections, reports, and records, as well as
Preliminary surveys indicate that over 700 mu- evaluate their condition and provide for appro-
seumshavecollectionsfromatleastone agency; priate management. This is certainly the way
many from two or more. Often agencies legally the task could be done most effectively and
NAGPRA has begun
responsible for these collections do not know efficiently.
where they are (the same goes for records asso- Meeting the curation, care, and management
to foster a spirit of
ciated with archeological projects, which are requirements for archeological collections, re-
themselves invaluable capsules ofinformation). cooperation among ports, andrecordsmayrequirethatagencyman-
Many collections have been found neglected agers redirect or acquire additional funds and
and decaying in poorly designed storage areas, agencies. There can, staff. The bottom line is that either agency per-
threatening the existence ofartifacts and infor- sonnel needs to be assigned to the necessary
mation that took millions oftaxpayer dollars to and should, be more. curation and management tasks or agencies
collect and organize. must enter into long-term agreements with or-
These collections are an irreplaceable part of ganizations or institutions that provide these
our national heritage, which is why laws were kinds ofservices.
passed tocollectandprotect themforpresentandfuturegenera- Seniorofficials should support these efforts as they review and
tions. But funding shortfalls, lack of strong and consistent na- approveagencies'policies,budgetproposals, andplans (thesame
tional pressure, and the sheer magnitude of the problem have sorts of cooperative goals can apply to other kinds of museum
conspired to hinder compliance with the law. objects, such as natural history collections). Property manage-
ment and cultural preservation programs at all bureaus should
UIVEN THIS BACKDROP, the time is ripe for cooperative efforts, cooperateon developing the means to achieve this objective.
which can husband limited funding and staff experts to fill a
common purpose. The Native American Graves Protection and IN THE LONG RUN, all of our efforts must consider, but not
RepatriationAct,withitspressingdemandsoncollectionsacross necessarily be limited to: (1) assisting repositories in meeting
the nation, underscores the need. curatorial and information management standards; (2) designat-
Meeting the challenge requires close coordination with mu- ingandmaintainingregionalcentersforcollectionsmanagement,
seum officials, Indian tribes, and Native Hawaiian organizations. public education, and information dissemination; (3) increasing
Often these individuals and groups do not distinguish among the uses of collections for study, display, and education; (4)
federal agencies and departments. Cooperative projects demon- continuing the implementation of the National Archeological
— —
strate to them and the public that agencies can join together Database; (5) identifying the best method and technology for
effectively as a seamless, integrated work force focused on meet- retrieving, storing, and disseminating digital data, such as report
inga common goal. texts; and, (6) working in partnership with other agencies.
Efforts to locate and inventory collections to comply with These times ofchange present both challenges and opportuni-
NAGPRA have already fostered a spirit ofcooperation among ties.Workingtogether, we can make sure America'srich archeo-
professionals of different agencies and disciplines. Federal logical heritage gets the attention it deserves.
archeologists, curators, physical anthropologists, ethnographers,
and others are working together with increased efficiency, mini-
mized redundancy, and reducedcost.There ispotential forcoop-
eration at the project, district, stare, division, and national office Francis P. McManamon is Departmental Consulting Archeologist,
levels. The activities necessary to comply with NAGPRA offer Department ofdie Interior, andChief, ArcheologicalAssistanceDivi-
ample opportunities to work together: contacting museums that sion, National Park Service.
FederalArcheology/Summer 1<)94
PUBLIC DOCUMENTS
DEPOSITORY ITEM
DEC * 1994
CLEMSOIH
LlBJWtt
BKP*tJ
This issue is brought to you courtesy of the many
suggestions you sent in during our recent reader
survey. Add to that a dash of desktop technology,
sprinkle in a smidgen of otl ideas we've had
simmering, and here you^B h the new I 'deral
Archeology.
Notice we've dropped "Report" fro;
our name. "Federal Arch " sums up vvh;
publicationis all about.
There are other name changes as well. "News » » •
and Notes" has become "Diggings"; "Archeological
Protection" is now "Sitewatch." Several other im-
provements also make the publication more
reader-friendly; capsules describing the articles in
the table of contents and at the start of featun
stories; more headings to quickly reveal what's in-
side to the busy reader; and substantive captions;
amongothers. * I—<IL
We've also added a guest column "Back
—
Till" for you to share your:ideas with the rest of
the audience. Please contact us ifyou would like to
be a.guest columnist for-an- upcoming issue. We're
on the lookout too for projects to spotlight in
Finally, ^'we'vl? restructuredjdie joublicatJiCrT'-$o
better presentthe mix of long and short articles
many ofyou applauded in the survey.
Tbwi
Watch these pages for further refinements
coming issues.
'
y
*
^
W:-
Contents
FederalArcheologyispublishedby
theNational ParkService
DepartmentalConsulting
ArcheologistandArcheological
Assistance Program.
IN CONTEXT
DepartmentalConsultingArcheologist
Chief,archeologicalassistance Francis E McManamon 2
FrancisP McManamon
DeputyChief
VelettaCanouts
BACKFILL
GuestEditors
RichardC. Waldbauer AmyFederman 48
DavidAndrews
ManagingEditor
DavidAndrews
AssociateEditors
RogerFriedman WallStreetMill,JoshuaTreeNationalMonument,CA. briangrogan/haer
JosephFlanagan
ContributingEditors
S.TerryChilds
DanHaas
Ruthann Knudson
C.TimothyMcKeown
DavidTarler
RichardC. Waldbauer
PrintingCoordinator News, Views, and Recently Noted 6
JerryBuckbinder
ImageScanningandBalancing
Freeman PublishingServices
Printedby McDonald &Eudy,
TempleHills, MD, undercontractto Protecting the Nation's Archeological Heritage 1
theGovernmentPrintingOffice.
Statementsoffactandviewsare the
responsibilityofthe authorsanddo
notnecessarilyreflectanopinionor Implementing the Native American Graves and Repatriation Act 44
an endorsementbytheeditorsorthe
National ParkService.
Sendcomments, articles, address NADB UPDATE
changes, andinformationon
conferences, training, and On Line with the National Archeological Database 46
publications toEditor,NPS
ArcheologicalAssistance Division,
BO.Box37127,Washington, DC
20013-7127, [phone], fax CONFERENCES AND PUBLICATIONS 47
[phone].
Cover: Oretrack atWall Street Mill,JoshuaTreeNational Monument, CA. BRIANGROGAN/HAER
Frontispiece: Ventilation stacksonfactoryroof,Cleveland. JETLOWE/HAER
Federalarcheology Summer 994
/ 1
SpecialReport
INDUSTRIAL ARCHEOLOGY
15
Introduction
30
ByDavid Starbuck
Engine of
Injustice
Hidden inside the
16 labyrinth ofBirmingham's
historic Sloss Furnaces is
Written in Rock a little-known truth about
the African Americans
and Rust
who stoked them.
For the first time in the ByAlex Lichtenstein
25-year life ofthe Historic
American Engineering
Record, archeologistsjoin
—
HAER
a project with
surprising results.
ByDavid Andrews 38
High-Caliber
Discovery
24 A
Civil War-era find at a
Above:HurricaneCanal,UT;Below:SlossFurnaces,AL jackboucher/haer
Superfund site suggests an
"Living on espionage network that
stretched from the Black
the Boott"
Sea to the White House.
Beneath the streets, the by joel,w. Grossman
parkinglots, and the
backyards ofLowell,
Massachusetts, an untold
story awaits.
By Stephena. Mkozowski,
Grace H. Ziesing, and
MARY C. BEAUDRY
FederalArcheology/Summer 1994
I ti
Study Fails to Link andrecreation,especially No. 53-0109-1-00325, sub- Sometimes the answer is sub-
Damage to ExxonValdez theuse ofaircraft, power mitted to the USDA/Forest jective, varying from site to
boats, andcampstoves. Service by the Research site. Amidst growing calls
There is no direct evidence In the intertidal zone, in- Foundation ofthe State Uni- forgreater objectivityin de-
linking the Exxon Valdezoil vestigators observed "an versityofNewYork, Sep- termining Register-worthi-
spill with injuries to archeo- oily sheen being moved by | tember 30, 1993. ness, the Corps of Engineers
logical deposits in the Gulf
water within the beach grav- is rounding up the best "how
ofAlaska region, says a re- els at four sites in which we World Conference to do it" ideas trom projects
port submitted to the U.S. dug test pits." While oil had Convenes in December across the country.
Forest Service. Disturbances coated the gravels, it did It's not too late to take part The intent is toprovide
were common, however, at not penetrate the "waterlog- in World Archaeological options to the conventional
tinhgeb3y8fseidteesraslelaencdtesdtaftoerategsetn-- gtehde,wpoeoadtyensuabrstoiiflacotrs,i"natpo- CNoenwgrDeeslshi3,, Itnodbiae,hDeeldceimn- pprroopaecrht—y-biyn-tphreopfeorrtmyoafp-
cies. parently because ofhydro- ber 4-11. more "holistic" methods,
"There were injuries to ar- static pressure. The organizers are arrang- says Frederick Briuerofthe
cheological sites virtually Nonetheless, archeologists ingsessions todebate and Corps' Waterways Experi-
everywherewe went," says will have to exercise caution develop approaches to pre- ment Station. "We're look-
supervisory archeologist during future excavations in servingcultural properties, ing to move away from the
Mark Cassell. Injuries the zone due to the poten- from the role ofgovern- trees toget abetterlook at
ranged from erosion to van- tial for contamination from ments and international or- the entire forest." The three-
dalism to contamination by prior and ongoing land use. ganizations to ways to link year study is part of a
petroleum hydrocarbons. Concern that carbon from the interests oftraditional broader effort to improve
The Forest Service con- the petroleum would skew peoples, scientists, and oth- techniques tor evaluatingen-
tracted the State University radiometric dating proved ers with a stake in the ar- vironmental programs spon-
ofNew York at Binghamton unfounded. Investigators cheological record. sored by the Corps.
to conduct the study. generally "confirmed the ef- For more information, con- "The current process may
According to the manage- ficacy" of prior work by tact Francis McManamon, not be the wisest use ot lim-
ment summary prepared by Exxon archeologists, detect- Departmental Consulting ited financial resources," Bri-
principal investigator Albert ing an approximately 9 per- Archeologist, National Park uersays. "We hope to find
A. Dekin, Jr., distinctions cent error rate in their Service, P.O. Box 37127, ways to more resourcefully
between the intertidal zone surveys. Washington, DC 20013- exploit information that is
and the uplands are the key For more information or a 7127, [phone], fax already available" through
to understanding the con- copy ofthe report, contact [phone] or Makkan sources such as the National
tamination. Although up- Dr. Albert A. Dekin,Jr., De- Lai, WAC3 Academic Pro- Archeological Database.
land sites did not evidence partment of Anthropology, gramme Coordinator, +91- The studywill review the
extensive contamination Binghamton University, 571-29143, fax underpinnings ot the process
from a single source, they Binghamton, NY 1 3902- [phone] (India). at both federal and state lev-
did reveal "a widespread, 6000, [phone], fax els while examining the
low-level contamination by [phone]. The full ref- SeeingSites Through "state ofthe art" as reflected
petroleum hydrocarbons, erence for the report is: a New Lens m peer reviews of site nomi-
hitherto unsuspected." The Dekin, Albert A.,Jr., et al., How doyou decide it a site nations and other unpub-
sources of hydrocarbons in Exxon Valdez OilSpillAr- haswhat it takes to be nomi- lished documents. The best
the uplands appear to stem chaeological Damage Assess- nated for the National Regis-
from modern subsistence ment, Final Report, Contract ter ot Historic Places' Continued on page8
Fkdkrai.Akcheology/Siimmf.r 1994
mm
*
i»-
RICHARDBARNES
Museum
Gravesite Discovery Chills Renovation
IAN FRANCISCO'S landmark art museum had been so thor- Surprisingly, the palace foundation hasn't settled over time.
loughly gutted for rehab that its colonnaded facade was Oneengineersuspectsthatthesandysoilshiftedtofillthespace
"flapping in the wind," contractors say. But that problem opened up as coffins rotted.
—
Ipaledbesidewhattheyfoundwhileconstructinganaddition Preliminary borings at the start of the project mandated by
—
'under the courtyard. thestate hadbeeninconclusive.Tobesafe,themuseumasked
Complications set in two months after crews started excavat- archeologists toexcavate a test trench, 50feet long and 10feet
ing a 33-foot-deep hole for the addition. Museum staffers ex- deep. Although the dig turned up many bone fragments, "we
pected some archeological remains, but what they didn't thought what we were seeing was a sloppy backfill job," says
anticipatewereintactwoodcasketswithshroud-wrappedskele- Deborah Frieden, project manager tor the Fine Arts Museums
tons inside. of San Francisco. Evidence of the cemetery proved elusive
In 1900,owingtoanewordinance,theLincolnParkCemetery because the graves had been dug at various elevations amidst
was slated to be moved from the rolling dunes at the mouth of the dunes.
thebay.Afewyearslaterthecityconvertedthesitetoparkland, Over 650 skeletons have been found so tar, and archeologists
and in 1909 turned part ofit into a golfcourse. expect another 100. It has cost almost a million dollars to
Since the 1906earthquake destroyedmany recordsoftheera, relocate the remains and make up for the delay.
—
it's unclear why the graves weren't relocated. Apparently be- The $30 million retrofit called for in part by the fragile
—
nevolent associations had assumed responsibility tor the move. building'svulnerability toearthquakes- is$10 million less than
The cemetery encompassed a paupers'graveyard. constructing a similar new facility.
In 1922, the city built a three-quarter-size replica ofa Napo- For more information, contact Deborah Frieden, California
leonicpalaceonthesite.Today,thebeauxartsCaliforniaPalace Palace of the Legion of Honor, 233 Post St., 6th floor, San
ofthe Legion ofHonor, a state landmark, houses the museum. Francisco, CA 94108, [phone], fax [phone].
FederalArcheology Summer 994
/ 1
techniques will he field Liquefactionfeaturesoften Kids' Magazine Gets Grant ZiNj to survive and thrive."
tested and refined for use on take theformofsandblows: The National Park Service The magazine hopes to
awide range ofsites. smallconesofsandthaterupt match agencybacking with
archeological assistance divi-
Briuer is recruiting part- tothesurfaceduringearth- sion has been awarded a long-term corporate support.
ners with similar research in- quakes. Alongthe Mississippi, Staffers are developing a
$35,000grant tounderwrite
terests from the sandblowshave erupted network ofZiNj correspon-
part ofnextyear's publica-
government and the private throughburiedpottery, which dents amongcultural re-
R&D tion costs for ZiNj, an inno-
sector. "This business canbe dated. Elsewhere, pre- sources specialists, park
vative oversize magazine for
can be plenty expensive historicpeople dugpitsin the interpreters, and others. If
kids on archeology, paleon-
and it certainly makes sense sandblowsand leftpottery tology, and history. The Na- you have a storyor an idea
to network our efforts," he fragmentsbehind. forone, contact KevinJones
tional Park Foundation
says. The flipside of the ex- By chance, Tuttle and fel- or LydiaNibley, ZiNj Maga-
awarded the grant.
pense is the study's enor- low researcher Eugene zine, Utah Division ofState
mous payback potential. Schweig of the USGS con- ZiNjbegan as a cooperative History, 300 Rio Grande,
For more information, nected with archeologists ex- venture started by the Utah Salt Lake City, UT 84101,
contact Dr. Frederick L. cavating at a nearby air base Division ofState History in [phone], fax (801)
Briuer at the Environ- beingdecommissioned. The cooperationwith the Na- 533-3503. A subscription is
mental Laboratory, U.S. group pooled their skills, tak- tional Park Service Rocky $8 forfour issues.
Army Engineers Water- ing study ofthe area's arche- Mountain region, the Forest
ways Experiment Station, ology and geology "to new Service Intermountain re- "Archeology" Premiers
Vicksburg, MS 39180, realms ofunderstanding," gion, and the Bureau ofLand with Antietam Episode
[phone], fax (601) sayTuttle. Management, Utah. Origi- The 1994 premier of"Arche-
—
634-2835, e-mail hri- Ultimately, through a com- nally initiated to reduce ar- ology" to airon The Learn-
[email protected]. bination ofsoil analysis and cheological vandalism, ZiNj ingChannel Monday,
carbon datingofthe pottery, has broadened its themes to September 26, and again on
—
Shards Reveal Quake Risk the ream determined that siz- include protecting heritage Sunday, October 2 will fo-
EastofRockies able quakes struck the zone resources ofall kinds. cus on the discovery and ex-
Some unusual allies are help- around AD 900 and 1400. Up-front audience research cavation offour soldiers from
ing scientists predict the This, says Tuttle, indicates a has been the key toits suc- the Army ofthe Potomac's
next "bigone"eastofthe "short recurrence interval" cess. "Time was taken in the Irish Brigade, killed at the
Rocky Mountains: the an- of approximately 400 to development phase toget in- Battle of Antietam on Sep-
cient potters of the Missis- 1,100 years. That means at put from kids and parents as tember 17, 1862. Appearing
sippi. Researchers are using least another couple centu- well as educators and inter- in the half-hourshow will be
shards excavated along the ries before the next bigone. preters," says editor Kevin historian Edwin Bearss and
river to study the seismically Don't heave a sigh ofrelief Jones. "We wanted to make archeologist Stephen Potter,
active New Madrid Zone, justyet. Chanc—es arethat a sure that ZiNjwould be sensi- both ofthe National Park
near Memphis. Three magni- smallerquake a—t,say, sixon tive to the needs of the pub- Service, as well as forensic
tude-eight quakes struck the the Richterscale couldhit lic and well-loved byits anthropologist Douglas
zone in the winter of 181 1- in thenext 100years. Says intended audience." Owsleyofthe Smithsonian.
12, ringing church bells as Tuttle, "People shouldbejust Well-lovedithasbeen,Jones The episode focuses on
far away as Washington, DC, asconcerned aboutmagni- says, thankslargelytotheongo- identifying one of the sol-
and Boston. tudesixquakesbecause many inginvolvementofkidsinall diers whowas in his forties
Although quakes rumble ofthebuildingsaroundhere aspectsofpublishingthemaga- when he died. At that time,
through here more often were notconstructedwith zine.Thesubscriberbasegrows the Army ofthe Potomac
than anywhere else this earthquakesin mind." daily,andplansareinthe was mostly volunteers in
side of the continental di- Tuttle is planning further worksfor"ZiNjTV,"aSatur- their late teens and twenties.
vide, they are difficult to in- research in the Maryland- daymorningprogramtohe The four met their death in
vestigate. Sediments from DC region. For more infor- sponsoredbytwotelevisionsta- the attack on Confederate
the Mississippi obscure mation, contact her at the tionsandsyndicatednationally forces in Bloody Lane.
fault lines. "In California University of Maryland, De- in 1995. For more information, con-
you just go to the fault," partment ofGeology, Col- The grant will contribute tact Dr. Stephen Potter, Na-
MD
says Martitia Tuttle of the lege Park, 20742, (301) to the production of tour is- tional Park Service, National
University of Maryland. 405-1311, fax (301) 314- sues. In that period, says Capital Region, 1100 Ohio
"Here you search for lique- 9661, e-mail Jones, "a degree of stability Dr., SW, Washington DC
I;k tion features." mt90(o'umail.umd.edu. will be achieved tit allow 20242, [phone].
FederalArcheology/Siimmer 1994
Investigating Mass Graves for the U.N.
Cal Calabrese
NOTOFTENthatarcheologistsareissuedahelmetandflak Themainreasonwewererecruitedforthissomberassignment
IT'S
jacket at the start a project, nor is it normal to need the isourexperienceatthecenter,whichpioneeredtheuseofmetal
protectionofaplatoonofsoldiersarmedwithUzzis.Butthen detectors and forensic ballistics in these kinds ofinvestigations.
this is no ordinary assignment. We—are here at the request of Firearms expert Doug Scott, who heads the center's Rocky
PhysiciansforHuman Rights, wh—ich underthe auspicesofthe Mountain research division, first employed these techniques at
U.N. War Crimes Commission is investigating alleged mass the Little Big Horn battle site over a decade ago. From a
executions cartridge casing's location and condition, he was able to deter-
The request came through DOI Assistant Secretary George mine whether the person firing it was moving (on horseback,
Frampton, who asked National Park Service Director Roger say) orstandingstill. Scottrefinedthe methodswhileinvestigat-
Kennedy to make available the forensic archeology expertise of ingrights abuses in El Salvador and Iraqi Kurdistan.
the MidwestArcheologicalCenter, which1direct.Threecenter
archeologists have accompanied me to the former Yugoslavia: HERE IN THE FORMER YUGOSLAVIA, the daily gunfire pro-
DougScott, Ralph Hartley, and Melissa Connor. videsaneeriesoundtrackforourwork,suggestingthatthe
All sides in the fighting have leveled accusations of rights U.N.isatbestmaintaininganuneasypeace.Thewartime
abuses. The United Nations, which protects an area along the tumult compounds the normal problems encountered in an
Danube now known as U.N. Sector East, established the War archeological project. It took days for our equipment to clear
Crimes Commission toinvestigate. customs,andbasictoolslikehammersandnailsarehardtocome
As in most areas ofscientific study, the interdisciplinaryteam by. Good shovels are a luxury. —
has become the norm in these kinds of investigations. Police, In Zagreb, —we stay briefly at the Hotel Esplanade one of
attorneys, document examiners, physicians, forensic patholo- Europe's best but other times we are billeted with the U.N.
gists, and for—ensic anthropologists all work —hand in hand. troops. In a town called Erdut, we sleWepeat a rundown, deserted
Archeologists the most recent team members bring unique resort under heavy U.N. protection. eat wit—h Russian, Bel-
qualifications from years ofsurveying and excavating sites. To gian, an—dFrenchsoldiers. FoodconsistsofMREs "mealsready
put it in law enforcement terms, we have superior skills in to eat" with the occasional good fortune of having them
extracting evidence from the ground. For this project, we join heatedbeforeconsumption.NearthecityofOsijek,wecampon
aninternationalteamrecruitedbyPhysiciansforHumanRights. an abandoned runway with Dutch and Russian troops.
Arecent U.N. reports says there are atleast98 massgravesin The men and women of a friendly Dutch platoon provide
the formerYugoslavia. We are toexhume bodies at two sites to transportation,protection,andlogisticalsupport.Traveloutside
find out if they had been tortured or executed. Perhaps more U.N. perimeters is prohibited without armed escort. Areas are
importantly, we hope to identify the remains of victims and swept for minesbefore we excavate.
return them to their families. There are at least 28,000 missing Perhaps this is not the easiest or most pleasant assignment an
persons inCroatia today. archeologist might undertake, but for us it is among the most
rewarding. We have the opportunitytoapply skills learned over
—
OUR PRIMARY MISSI—ON is to Vukovar in the Serb-domi- a lifetime ofstudying past cultures to a very real and dramatic
nated Sector East where up to 200 Croat hospital pa- modern context. We seefirst hand the destructive power strug-
tients are believed tobeburied in a mass grave. When we glesintheguiseofethnicandreligioushatred.Atthesame time,
arrive, the local authorities threaten military intervention ifwe we have the chance to resolve the disappearance of many
starttoexcavate.Thethreatabrogatesanearlieragreementwith families' lovedones andassistawarcrimes investigation. This is
the Serb authorities in Knin. Wisely, the U.N. withdraws the truly applied archeology.
team.
We redeploy to Sector West, which the Croats control, joining
otherteammembersinvestigatinggravesitesnearPackrackaPoljana.
HereitisbelievedthatCroatsoldierstorturedandkilledanundeter- The American members ofthe LAN. team spent nearly two months
minednumberofciviliansofSerhiandescent.Asthematterisstill in in the former Yugoslavia. For more information, contact Cal
the medical-legal jurisdiction of the U.N. War Crimes Tribunal, CalabreseorDougScottat the NFS MidwestArcheological Center,
detailscannotbediscussed.1cansay,however,thatwefoundaseries Federal Bldg., Rm. 474, 100 Centennial Mall North, Lincoln, NB
ofgraveswiththeremainsofpeoplewhohad metviolentdeaths. 68508-3873, [phone], fax [phone].
FederalArcheology/Summer 1994
Abandoned Shipwreck
Act Upheld
A
U.S. Court ofAppeals re-
cently rejected a commercial
salvor's claim against the
constitutionality ofthe Aban-
doned Shipwreck
Act(ASA). In the case of
Zych v. Unidentified, Wrecked
andAbandoned Vessel (19
F.3d 1136 [7th Cir. 1994]),
the Seventh Circuit Court of
Appeals ruled that Harry
Zych, a commercial salvage
business operator, was not
entitled tobe awarded sal-
vage rights for a shipwreck
believed tobe the Seabird,
which sank in Lake Michi-
ganjust north ofChicago on
April 9, 1868.
In his arguments, Zych
contended that ASA was un- AGrRtLisAtT'LsArKeEnSdeHrISiTnOgRIoCfAtlh.eCOSleJa.BbCiTrIdC)No,nMIfiLrWeAjUuKstEEbePfUoBrUeCitLwIBeRnAtRYdown in 1868.
constitutional because Con-
gress had exceeded the shipwrecks. The law ofsal- state of Illinois to pay him a Abandoned Shipwreck Act
Supreme Court-ordered vage assumes that the sal- salvage award and ruled that then, as it affects this case,
limit on legislation in the ad- vaged property is ownedby a Supreme Court-created ex- does not exclude a thing
miralty and maritime con- someone other than the sal- ception to federal sovereign that clearly falls within the
text. The limit states that vor, whohasbeen awarded immunity cannotbe analo- admiralty and maritime law.
Congress can neither ex- the salvage rights. ASA, gized to 1 1th amendment The Constitution is not vio-
clude a thing that clearly however, applies only to state sovereign immunity. lated and the decision of
. . .
tails within the admiralty abandoned property. Consequently, since Illinois the district court is affirmed."
law nor include a thing that Thus the court appeared did not consent to Zych's
Unowned Shipwrecks
clearly falls outside it. Zych to hold that, whereas title suit and Congress has not ex-
argued that in passing the to an abandoned shipwreck pressed any intent to abro- Still Protected, Says
act, Congress unconstitu- is transferred to the state gate Illinois' 1 1th U.S. District Court
tionally excluded the law of under ASA, the shipwreck amendment sovereign immu- Even without title or owner-
salvage. remains "abandoned" for nity, Zych's suit is barred. ship interest, a state can pro-
The court rejected Zych's purposes ot applying the In its findings the court tect and preserve historic
argument and held that the law ofsalvage. concluded that "the 1 1th shipwrecks, as two recent
ASA has no effect on the The court also rejected amendment does not allow cases demonstrate.
law ofsalvage because it Zych's argument that a fed- us titorder Illinois to pay a Lathrop v. Unidentified,
does not apply to abandoned eral court could order the salvage award to Zych. The Wrecked &Abandoned Vessel
10 FederalArcheoloc.y/Summer 1994