Challenges and Controversies in the Protection of Archaeological Resources

Abstract

I think the following paper by S. Alan Skinner is important in two ways. First, it shows how, in the United States, if an archeological contractor wishes to take issue with an agency's procurement policies, he or she can use standard federal government protestation procedures to do so. Most of us are unfamiliar with these procedures, and Skinner's paper provides a valuable primer for those who may have to use them in the future. Second, I. think Skinner's paper is important for its demonstration of a distinction between procurement problems that can be effectively addressed through case-by-case protestation and those that cannot. Note that in Skinner's case, the Comptroller General did not comment on the archeologists' concern about curation capabilities and, perhaps even more significantly, did not deal with the agency's policy of awarding contracts based largely on cost, without solicitation or evaluation of research proposals. I doubt if the Comptroller's failure to fully consider these matters resulted from any deficiency in the case presented by Skinner and his colleagues. These issues are never likely to be considered by the Comptroller, I believe, because they are professional in nature, and it is not the Comptroller's business to settle professional disputes.All this is not to suggest that archeologists should not challenge agencies that fail to ensure proper curation or that select archeological contractors primarily on the basis of bid. Such policies should be challenged at all possible levels, and the fact that our challenges are not always (or even often) effective will not detract from the documentary record of professional objection that will thus be constructed. Such a documentary record will be vital if really effective action—probably through the Congress—is ever to take place.What I do suggest is that, by documenting the failure of the Comptroller General to reach the issues of broadest importance to archeologists in his case, Skinner has outlined a challenge to the authorities responsible for managing the federal historic preservation system. The Advisory Council on Historic Preservation and the Secretary of the Interior are explicitly charged with consultation with other federal agencies to ensure that their policies effectively contribute to the preservation of historic places and archeological data. Contracting policies that result in low-quality research or impermanent preservation of data and collections are legitimate targets for the historic preservation authorities, and should be vigorously attacked. Actions like the one taken by Skinner and his colleagues will help the federal authorities to launch and sustain such an attack.