SHPO PROVIDES SPIKE TV WITH COMMENTS ON "AMERICAN DIGGER"

Washington State Historic Preservation Officer (SHPO) Allyson Brooks has mailed the following letter to SPIKE TV responding to recent announcement about their broadcast of a new TV series called "American Digger." National Geographic Channel has a similar series in the production pipeline as well. According to SPIKE's own previews and promotions, the programs features Ric Savage and his crew disturbing historic archaeological sites around the nation and promoting the commercial value of recovered artifacts.  For more information, here is a link to SPIKE TV's own promotion of the program. Other internet sites and blogs are buzzing with concerns about the series. Clearly, the content of this program has created a stir in the historic preservation community for the message that will be sent to viewers. In her letter, the SHPO makes clear the program's producers will need to abide by Washington state laws and permitting procedures that protect archaeological sites. She also makes clear that Washingtonians and the 36 Tribes value these non-renewable resources for their cultural and educational value. Here is the letter:

29 February 2012

Kevin Kay, President, Spike TV 1633 Broadway New York, New York 10019

Dear Mr. Kay,

We recently became aware of Spike TVs new reality television series entitled, “American Digger,” which will premiere on March 20. As the Washington state agency tasked with protecting archaeological sites and resources for the inspiration and enrichment of the citizens of Washington, we felt it would be productive to contact you with our concerns and requirements. 

In Washington State, this type of excavation is unlawful without a state permit. A permit is required on private property even if access is granted by the landowner.  Archaeological objects, and archaeological sites and resources, are protected under WA state statutes. A permit from the WA Department of Archaeology and Historic Preservation is required to excavate into any Native American archaeological site and any significant historic archaeological site.  The agency determines whether or not a site is significant.  Protected historic sites include the type of sites mentioned on your website, including American battlefields, historical era privies, and Native American sites and artifacts. 

For further information please refer to the Revised Code of Washington section 27.53.060 (“RCW 27.53.060”).    

Permits are issued to professional archaeologists. The permit process requires a research design, a plan for care and cleaning of the recovered objects, the commitment to write a professional, technical report, and appropriate curation of the artifacts and data recovered.  The permit process also requires DAHP to afford interested parties an opportunity to comment on the proposed excavation project, prior to its commencement.  These parties typically include affected Indian Tribes, local government, historical societies, landowners, and archaeological peers. 

Failure to obtain such a permit, or failure to comply with any permit conditions, can result in civil penalties in an amount of $5000 per violation, plus restoration costs and investigative costs. Furthermore, if burials, cairns, or glyptic records are involved, RCW 27.44 allows the affected Indian Tribe to file claims for damages and emotional distress. In sum, if you intend to film your show in Washington, Washington law requires anyone who proposes to disturb archaeology to obtain an excavation permit from this agency in advance.  Failure to do so will result in civil penalties, and possibly criminal prosecution. Knowing excavation into a burial is considered a felony.

While this process may seem onerous, this state takes the protection of Native American and significant historic era resources very seriously.  As one tribal member once stated “artifacts are gifts from our ancestors”.  We strive to ensure a balance between scientific and cultural considerations when allowing the removal of cultural resources.

We appreciate the entertainment value of your program.  However, in this state, archaeological discovery is not used for entertainment but to educate.  Thirty six tribes with interest in our state have used archaeological excavations to learn about their own past and augment their own oral histories.  Historic period artifacts have collected and used as teaching assemblages for schoolchildren.  Other groups, such as those with Chinese and Japanese heritage, have used historic period sites to increase their understanding of early Asian immigration and adaptation to the American West.  Historic period artifacts can now be found in museums in and around the Seattle area dedicated to Asian history.

The archaeological record is non-renewable. We cannot grow, breed or spawn another site once it is lost.  In this state, archaeology has never been about the acquisition of commercially valuable objects. We focus on the information those objects contain about the past.  Archaeologists do not keep artifacts for themselves, nor do they sell artifacts for money. 

Please do not hesitate to contact me if you have any questions about the content of this letter. 

We are very happy to provide any information to you that we can, that will allow you to enhance the educational aspects of your program, raise the public’s awareness of archaeology, and support the goals of archaeological and historical preservation. You can find additional information about archaeology in Washington, as well as the laws regarding archaeological excavations on our website at www.dahp.wa.gov.

Sincerely,

Allyson Brooks, Ph.D. State Historic Preservation Officer (360) 586-3066 Allyson.brooks@dahp.wa.gov