Download - National Register Bulletin 38: Traditional Cultural Properties

NATIONAL REGISTERBULLETIN

Technical information on the the National Register of Historic Places:survey, evaluation, registration, and preservation of cultural resources

U.S. Department of the InteriorNational Park ServiceCultural ResourcesNational Register, History and Education

Guidelines for Evaluating and DocumentingTraditional Cultural Properties

The mission of the Department of the Interior is to protect and provideaccess to our Nation's natural and cultural heritage and honor our trustresponsibilities to tribes.

This material is partially based upon work conducted under a cooperativeagreement with the National Conference of State Historic Preservation Officersand the U.S. Department of the Interior.

Cover photographs:

Many traditional cultural properties are used for practical purposes by those whovalue them. This sedge preserve in northern California, for example, is tended andharvested by Porno Indian basketmakers as a vital source of material for making theirworld famous baskets. The preserve was established at Lake Sonoma by the U.S. ArmyCorps of Engineers. (Richard Lerner)

This bedrock mortar in central California plays an essential role in processing BlackOak acorns. (Theodoratus Cultural Research)

NATIONAL REGISTERBULLETIN

GUIDELINES FOR EVALUATINGAND DOCUMENTING

TRADITIONAL CULTURAL PROPERTIES

BYPATRICIA L. PARKER

Cultural Anthropologist and Archeologist,American Indian Liaison Office

National Park Serviceand

THOMAS F. KINGSenior Archeologist and Director of the Office of Program Review,

Advisory Council on Historic Preservation (formerly)Consultant, Archeology and Historic Preservation (currently)

U.S. DEPARTMENT OF THE INTERIORNATIONAL PARK SERVICE

NATIONAL REGISTER, HISTORY AND EDUCATIONNATIONAL REGISTER OF HISTORIC PLACES

1990; REVISED 1992; 1998

TABLE OF CONTENTS

I. Introduction 1

II. Traditional Cultural Values in Preservation Planning 5

III. Identifying Traditional Cultural Properties 6Establishing the level of effort 6Contacting traditional communities and groups 7Fieldwork 8Reconciling Sources 9

IV. Determining Eligibility Step-by-Step 11Step One: Ensure that the entity under consideration is a property 11Step Two: Consider the property's integrity 12Step Three: Evaluate the property with reference to the National Register Criteria 12Step Four: Determine whether any of the National Register criteria considerations

(36 CFR 60.4) make the property ineligible 14

V. Documenting Traditional Cultural Properties 19General Considerations 19Completing Registration Forms 22

VI. Conclusion 23

VII. Recommended Bibliography and Sources 24

VIII. Appendix I, A Definition of "Culture" 26

IX. Appendix II, Professional Qualifications: Ethnography 27

X. Appendix III, List of National Register Bulletins 28

I. INTRODUCTION

WHAT ARETRADITIONALCULTURALPROPERTIES?

The National Register of HistoricPlaces contains a wide range of his-toric property types, reflecting the di-versity of the nation's history and cul-ture. Buildings, structures, and sites;groups of buildings, structures or sitesforming historic districts; landscapes;and individual objects are all includedin the Register if they meet the criteriaspecified in the National Register'sCriteria for Evaluation (36 CFR 60.4).Such properties reflect many kinds ofsignificance in architecture, history, ar-cheology, engineering, and culture.

There are many definitions of theword "culture," but in the NationalRegister programs the word is under-stood to mean the traditions, beliefs,practices, lifeways, arts, crafts, and so-cial institutions of any community, beit an Indian tribe, a local ethnic group,or the people of the nation as a whole.1

One kind of cultural significance aproperty may possess, and that maymake it eligible for inclusion in theRegister, is traditional cultural signifi-cance. "Traditional" in this context re-fers to those beliefs, customs, andpractices of a living community ofpeople that have been passed downthrough the generations, usuallyorally or through practice. The tradi-tional cultural significance of a historicproperty, then, is significance derivedfrom the role the property plays in acommunity's historically rooted be-liefs, customs, and practices. Ex-amples of properties possessing suchsignificance include:

• a location associated with the tradi-tional beliefs of a Native Americangroup about its origins, its culturalhistory, or the nature of the world;

• a rural community whose organiza-tion, buildings and structures, orpatterns of land use reflect the cul-tural traditions valued by its long-term residents;

• an urban neighborhood that is thetraditional home of a particular cul-tural group, and that reflects itsbeliefs and practices;

• a location where Native Americanreligious practitioners have histori-cally gone, and are known orthought to gotoday, to perform cer-emonial activities in accordancewith traditional cultural rules ofpractice; and

• a location where a community hastraditionally carried out economic,artistic, or other cultural practicesimportant in maintaining its historicidentity.

A traditional cultural property,then, can be defined generally as onethat is eligible for inclusion in the Na-tional Register because of its associa-tion with cultural practices or beliefsof a living community that (a) arerooted in that community's history,and (b) are important in maintainingthe continuing cultural identity of thecommunity. Various kinds of tradi-tional cultural properties will be dis-cussed, illustrated, and related specifi-cally to the National Register Criterialater in this bulletin.

1 For a detailed definition, see Appendix I.

Numerous African Americans left the South to migrate to the Midwest. The A.M.E. Church (on left) and District No. 1 Schoolremain in Nicodemus Historic District in Nicodemus, Kansas, which was declared a National Historic Landmark by the Secretary ofthe Interior in 1976. (Clayton B. Fraserfor the Historic American Buildings Survey)

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PURPOSE OF THISBULLETIN

Traditional cultural values are of-ten central to the way a community orgroup defines itself, and maintainingsuch values is often vital to maintain-ing the group's sense of identity andself respect. Properties to which tra-ditional cultural value is ascribed of-ten take on this kind of vital significa-nce, so that any damage to or in-fringement upon them is perceived tobe deeply offensive to, and even de-structive of, the group that valuesthem. As a result, it is extremely im-portant that traditional cultural prop-erties be considered carefully in plan-ning; hence it is important that suchproperties, when they are eligible forinclusion in the National Register, benominated to the Register or other-wise identified in inventories for plan-ning purposes.

Traditional cultural properties areoften hard to recognize. A traditionalceremonial location may look likemerely a mountaintop, a lake, or astretch of river; a culturally importantneighborhood may look like any otheraggregation of houses, and an areawhere culturally important economicor.artistic activities have been carriedout may look like any other building,field of grass, or piece of forest in thearea. As a result, such places may notnecessarily come to light through theconduct of archeological, historical, orarchitectural surveys. The existenceand significance of such locations of-ten can be ascertained only throughinterviews with knowledgeable usersof the area, or through other forms ofethnographic research. The subtletywith which the significance of such lo-cations may be expressed makes iteasy to ignore them; on the otherhand it makes it difficult to distin-guish between properties having realsignificance and those whose putativesignificance is spurious. As a result,clear guidelines for evaluation of suchproperties are needed.

In the 1980 amendments to the Na-tional Historic Preservation Act, theSecretary of the Interior, with theAmerican Folklife Center, was di-rected to study means of:

preserving and conserving the inta-ngible elements of our cultural heri-tage such as arts, skills, folklife, andfolkways...

The German Village Historic District in Columbus, Ohio, reflects the ethnic heritageof 19th century German immigrants. The neighborhood includes many simplevernacular brick cottages with gable roofs. (Christopher Cline)

and to recommend ways to:

preserve, conserve/and encouragethe continuation of the diverse tra-ditional prehistoric, historic, ethnic,and folk cultural traditions that un-derlie and are a living expression ofour American heritage. (NHPA 502;16 U.S.C. 470a note)

The report that was prepared in re-sponse to 502, entitled Cultural Conser-vation, was submitted to the Presidentand Congress on June 1,1983, by theSecretary of the Interior. The reportrecommended in general that tradi-tional cultural resources, both thosethat are associated with historic prop-erties and those without specific prop-erty referents, be more systematicallyaddressed in implementation of theNational Historic Preservation Actand other historic preservation au-thorities. In transmitting the report,the Secretary directed the NationalPark Service to take several actions toimplement its recommendations.Among other actions, the Service wasdirected to prepare guidelines to as-sist in the documentation of intang-ible cultural resources, to coordinatethe incorporation of provisions for theconsideration of such resources intoDepartmental planning documentsand administrative manuals, and toencourage the identification anddocumentation of such resources byStates and Federal agencies.

This bulletin has been developed asone aspect of the Service's response tothe Cultural Conservation report andthe Secretary's direction. It is in-tended to be an aid in determiningwhether properties thought or allegedto have traditional cultural signifi-cance are eligible for inclusion in theNational Register. It is meant to assistFederal agencies, State Historic Pres-ervation Officers (SHPOs), CertifiedLocal Governments, Indian Tribes,and other historic preservation practi-tioners who need to evaluate suchproperties when nominating them forinclusion in the National Register orwhen considering their eligibility forthe Register as part of the review pro-cess prescribed by the AdvisoryCouncil on Historic Preservation un-der 106 of the National Historic Pres-ervation Act. It is designed to supple-ment other National Register guid-ance, particularly How to Apply the Na-tional Register Criteria for Evaluationand Guidelines for Completing NationalRegister of Historic Places Forms. Itshould be used in conjunction withthese two Bulletins and other appli-cable guidance available from the Na-tional Register, when applying theNational Register Criteria and prepar-ing documentation to support nomi-nations or determinations that agiven property is or is not eligible forinclusion in the Register.

This Bulletin is also responsive tothe American Indian Religious Free-

dom Act (AIRFA) of 1978, which re-quires the National Park Service, likeother Federal agencies, to evaluate itspolicies and procedures with the aimof protecting the religious freedoms ofNative Americans (Pub. L. 95341 2).Examination of the policies and proce-dures of the National Register sug-gests that while they are in no way in-tended to be so interpreted, they canbe interpreted by Federal agenciesand others in a manner that excludeshistoric properties of religious signifi-cance to Native Americans from eligi-bility for inclusion in the NationalRegister. This in turn may excludesuch properties from the protectionsafforded by 106, which may result intheir destruction, infringing upon therights of Native Americans to usethem in the free exercise of their reli-gions. To minimize the likelihood ofsuch misinterpretation, this Bulletingives special attention to properties oftraditional cultural significance to Na-tive American groups, and to discuss-ing the place of religion in the attribu-tion of such significance.

The fact that this Bulletin gives spe-cial emphasis to Native Americanproperties should not be taken to im-ply that only Native Americans as-cribe traditional cultural value to his-toric properties, or that such ascrip-tion is common only to ethnic minor-ity groups in general. Americans ofevery ethnic origin have properties to

which they ascribe traditional culturalvalue, and if such properties meet theNational Register criteria, they canand should be nominated for inclu-sion in the Register.

This Bulletin does not address cul-tural resources that are purely "intan-gible"—i.e. those that have no prop-erty referents—except by exclusion.The Service is committed to ensuringthat such resources are fully consid-ered in planning and decision makingby Federal agencies and others. His-toric properties represent only someaspects of culture, and many other as-pects, not necessarily reflected inproperties as such, may be of vital im-portance in maintaining the integrityof a social group. However, the Na-tional Register is not the appropriatevehicle for recognizing cultural valuesthat are purely intangible, nor is therelegal authority to address them under106 unless they are somehow relatedto a historic property.

The National Register lists, and 106requires review of effects on, tangiblecultural resources—that is, historicproperties. However, the attributesthat give such properties significance,such as their association with histori-cal events, often are intangible in na-ture. Such attributes cannot be ig-nored in evaluating and managinghistoric properties; properties andtheir intangible attributes of signifi-cance must be considered together.

This Bulletin is meant to encourage itsusers to address the intangible culturalvalues that may make a property his-toric, and to do so in an evenhandedway that reflects solid research andnot ethnocentric bias.

Finally, no one should regard thisBulletin as the only appropriate sourceof guidance on its subject, or interpretit rigidly. Although traditional cul-tural properties have been listed andrecognized as eligible for inclusion inthe National Register since theRegister's inception, it is only in recentyears that organized attention hasbeen given to them. This Bulletin rep-resents the best guidance the Registercan provide as of the late 1980s, andthe examples listed in the bibliographyinclude the best known at this time.2

It is to be expected that approaches tosuch properties will continue toevolve. This Bulletin also is meant tosupplement, not substitute for, morespecific guidelines, such as those usedby the National Park Service with re-spect to units of the National Park Sys-tem and those used by some otheragencies, States, local governments, orIndian tribes with respect to their ownlands and programs.

2 It is notable that most of these examplesare unpublished manuscripts. The literaturepertaining to the identification and evaluationof traditional cultural properties, to say noth-ing of their treatment, remains a thin one.

These sandbars in the Rio Grande River are eligible for inclusion in the National Register because they have been used forgenerations by the people ofSandia Pueblo for rituals involving immersion in the river's waters. (Thomas F. King)

ETHNOGRAPHY,ETHNOHISTORY,ETHNOCENTRISM

Three words beginning with"ethno" will be used repeatedly inthis Bulletin, and may not be familiarto all readers. All three are derivedfrom the Greek ethnos, meaning "na-tion;" and are widely used in thestudy of anthropology and relateddisciplines.

Ethnography is the descriptive andanalytic study of the culture of par-ticular groups or communities. Anethnographer seeks to understand acommunity through interviews withits members and often through livingin and observing it (a practice referredto as "participant observation").

Ethnohistory is the study of histori-cal data, including but not necessarilylimited to, documentary data pertain-ing to a group or community, usingan ethnographic perspective.

Ethnographic and ethnohistoricalresearch are usually carried out byspecialists in cultural anthropology,and by specialists in folklore andfolklife, sociology, history, archeologyand related disciplines with appropri-ate technical training.3

Ethnocentrism means viewing theworld and the people in it only fromthe point of view of one's own cultureand being unable to sympathize withthe feelings, attitudes, and beliefs ofsomeone who is a member of a differ-ent culture. It is particularly impor-tant to understand, and seek to avoid,ethnocentrism in the evaluation of tra-ditional cultural properties. For ex-

ample, Euroamerican society tends toemphasize "objective" observation ofthe physical world as the basis formaking statements about that world.However, it may not be possible touse such observations as the majorbasis for evaluating a traditional cul-tural property. For example, theremay be nothing observable to the out-sider about a place regarded as sa-cred by a Native American group.Similarly, such a group's belief thatits ancestors emerged from the earthat a specific location at the beginningof time may contradict Euroamericanscience's belief that the group's ances-tors migrated to North America fromSiberia. These facts in no way dimin-ish the significance of the locations inquestion in the eyes of those whovalue them; indeed they are irrel-evant to their significance. It wouldbe ethnocentric in the extreme to saythat "whatever the Native Americangroup says about this place, I can'tsee anything here so it is not signifi-cant" or "since I know these people'sancestors came from Siberia, theplace where they think they emergedfrom the earth is of no significance."It is vital to evaluate propertiesthought to have traditional culturalsignificance from the standpoint ofthose who may ascribe such signifi-cance to them, whatever one's ownperception of them, based on one'sown cultural values, may be. This isnot to say that a group's assertionsabout the significance of a placeshould not be questioned or subjectedto critical analysis, but they shouldnot be rejected based on the premisethat the beliefs they reflect are infe-rior to one's own.

3 For a detailed discussion of the qualifica-tions that a practitioner of ethnography orethnohistory should possess, see Appendix II.

EVALUATION,CONSIDERATION,AND PROTECTION

One more point that should be re-membered in evaluating traditionalcultural properties—as in evaluatingany other kind of properties—is thatestablishing that a property is eligiblefor inclusion in the National Registerdoes not necessarily mean that theproperty must be protected from dis-turbance or damage. Establishing thata property is eligible means that itmust be considered in planning Fed-eral, federally assisted, and federallylicensed undertakings, but it does notmean that such an undertaking cannotbe allowed to damage or destroy it.

Consultation must occur in accor-dance with the regulations of the Ad-visory Council (36 CFR Part 800) toidentify, and if feasible adopt, mea-sures to protect it, but if in the finalanalysis the public interest demandsthat the property be sacrificed to theneeds of the project, there is nothing inthe National Historic Preservation Actthat prohibits this.

This principle is especially impor-tant to recognize with respect to tradi-tional cultural properties, becausesuch properties may be valued by arelatively small segment of a commu-nity that, on the whole, favors aproject that will damage or destroy it.The fact that the community as awhole may be willing to dispense withthe property in order to achieve thegoals of the project does not mean thatthe property is not significant, but thefact that it is significant does not meanthat it cannot be disturbed, or that theproject must be foregone.

II. TRADITIONAL CULTURALVALUES IN PRESERVATIONPLANNING

Traditional cultural properties, andthe beliefs and institutions that givethem significance, should be system-atically addressed in programs ofpreservation planning and in the his-toric preservation components of landuse plans. One very practical reasonfor this is to simplify the identificationand evaluation of traditional culturalproperties that may be threatened byconstruction and land use projects.Identifying and evaluating such prop-erties can require detailed and exten-sive consultation, interview programs,and ethnographic fieldwork as dis-cussed below. Having to conductsuch activities may add considerablyto the time and expense of compliancewith 106, the National EnvironmentPolicy Act, and other authorities.Such costs can be reduced signifi-cantly, however, by early, proactiveplanning that identifies significantproperties or areas likely to containsignificant properties before specific

projects are planned that may affectthem, identifies parties likely to as-cribe cultural value to such proper-ties, and establishes routine systemsfor consultation with such parties.

The Secretary of the Interior's Stan-dards for Preservation Planning providefor the establishment of "historic con-texts'7 as a basic step in any preserva-tion planning process be it planningfor the comprehensive survey of acommunity or planning a construc-tion project. A historic context is anorganization of available informationabout, among other things, the cul-tural history of the area to be investi-gated, that identifies "the broad pat-terns of development in an area thatmay be represented by historic prop-erties" (48 FR 44717). The traditionsand traditional lifeways of a planningarea may represent such "broad pat-terns," so information about themshould be used as a basis for historiccontext development.

The Secretary of the Interior's Guide-lines for Preservation Planning empha-size the need for organized publicparticipation in context development(48 FR 44717). The Advisory Councilon Historic Preservation's Guidelinesfor Public Participation in Historic Pres-ervation Review (ACHP 1988) providedetailed recommendations regardingsuch participation. Based on thesestandards and guidelines, groups thatmay ascribe traditional cultural valuesto an area's historic properties shouldbe contacted and asked to assist in or-ganizing information on the area.Historic contexts should be consid-ered that reflect the history and cul-ture of such groups as the groupsthemselves understand them, as wellas their history and culture as definedby Euroamerican scholarship, andprocesses for consultation with suchgroups should be integrated into rou-tine planning and project review pro-cedures.

III. IDENTIFYINGTRADITIONAL CULTURALPROPERTIES

Some traditional cultural proper-ties are well known to the residents ofan area. The San Francisco Peaks inArizona, for example, are extensivelydocumented and widely recognizedas places of extreme cultural impor-tance to the Hopi, Navajo, and otherAmerican Indian people of the South-west, and it requires little study torecognize that Honolulu's Chinatownis a place of cultural importance to thecity's Asian community. Most tradi-tional cultural properties, however,must be identified through systematicstudy, just as most other kinds of his-toric properties must be identified.This section of the Bulletin will dis-cuss some factors to consider in iden-tifying traditional cultural properties.4

ESTABLISHINGTHE LEVEL OFEFFORT

Any comprehensive effort to iden-tify historic properties in an area, bethe area a community, a rural area, orthe area that may be affected by a con-struction or land-use project, shouldinclude a reasonable effort to identifytraditional cultural properties. Whatconstitutes a "reasonable" effort de-pends in part on the likelihood thatsuch properties may be present. Thelikelihood that such properties maybe present can be reliably assessedonly on the basis of backgroundknowledge of the area's history, eth-nography, and contemporary societydeveloped through preservation plan-ning. As a general although not in-

Honolulu's Chinatown reflects the cultural values and traditions of its inhabitants notonly in its architectural details but also in its organization of space and the activitiesthat go on there. (Ramona K. Mullahey)

4 For general guidelines for identification see the Secretary of the Interior's Standards and Guidelines for Identification (48 FR 44720-23), Guidelines forLocal Surveys: A Basis for Preservation Planning (National Register of Historic Places bulletin) and Identification in Historic Preservation Review: aDecisionmaking Guide (ACHP/DOI1988).

variable rule, however, rural areas aremore likely than urban areas to con-tain properties of traditional culturalimportance to American Indian orother native American communities,while urban areas are more likely tocontain properties of significance toethnic and other traditional neighbor-hoods.

Where identification is conductedas part of planning for a constructionor land-use project, the appropriatelevel of effort depends in part onwhether the project under consider-ation is the type of project that couldaffect traditional cultural properties.For example, as a rule the rehabilita-tion of historic buildings may haverelatively little potential for effect onsuch properties. However, if a reha-bilitation project may result in dis-placement of residents,"gentrification"of a neighborhood, or other sociocul-tural impacts, the possibility that thebuildings to be rehabilitated, or theneighborhood in which they exist,may be ascribed traditional culturalvalue by their residents or othersshould be considered. Similarly, mostday-to-day management activities of aland managing agency may have littlepotential for effect on traditional cul-tural properties, but if the manage-ment activity involves an area or akind of resource that has high signifi-cance to a traditional group—for ex-ample, timber harvesting in an areawhere an Indian tribe's religious prac-titioners may continue to carry out tra-ditional ceremonies—the potential foreffect will be high.

These general rules of thumb aside,the way to determine what constitutesa reasonable effort to identify tradi-tional cultural properties is to consultthose who may ascribe cultural signifi-cance to locations within the studyarea. The need for community partici-pation in planning identification, as inother forms of preservation planning,cannot be over-emphasized.

CONTACTINGTRADITIONALCOMMUNITIESAND GROUPS

An early step in any effort to iden-tify historic properties is to consultwith groups and individuals whohave special knowledge about and in-

terests in the history and culture ofthe area to be studied. In the case oftraditional cultural properties, thismeans those individuals and groupswho may ascribe traditional culturalsignificance to locations within thestudy area, and those who may haveknowledge of such individuals andgroups. Ideally, early planning willhave identified these individuals andgroups, and established how to con-sult with them. As a rule, however,the following steps are recommended:

BACKGROUND RESEARCH

An important first step in identify-ing such individuals and groups is toconduct background research intowhat is already recorded about thearea's history, ethnography, sociol-ogy, and folklife. Published and un-published source material on the his-toric and contemporary compositionof the area's social and culturalgroups should be consulted; suchsource material can often be found in

the anthropology, sociology, orfolklife libraries of local universitiesor other academic institutions. Pro-fessional and nonprofessional stu-dents of the area's social and culturalgroups should also be consulted—forexample, professional and avocationalanthropologists and folklorists whohave studied the area. The SHPO andany other official agency or organiza-tion that concerns itself with mattersof traditional culture—for example, aState Folklorist or a State NativeAmerican Commission—should becontacted for recommendations aboutsources of information and aboutgroups and individuals to consult.

MAKING CONTACT

Having reviewed available back-ground data, the next step is to con-tact knowledgeable groups and indi-viduals directly, particularly thosegroups that are native to the area orhave resided there for a long time.Some such groups have official repre-

Federal agencies and others have found a variety of ways to contactknowledgeable parties in order to identify and evaluate traditional cul-tural properties. Generally speaking, the detail and complexity of themethods employed depend on the nature and complexity of the proper-ties under consideration and the effects the agency's management orother activities may have on them. For example:

• The Black Hills National Forest designated a culturally sensitive engi-neer to work with local Indian tribes in establishing procedures bywhich the tribes could review Forest Service projects that might affecttraditional cultural properties;

• The Air Force sponsored a conference of local traditional cultural au-thorities to review plans for deployment of an intercontinental missilesystem in Wyoming, resulting in guidelines to ensure that effects ontraditional cultural properties would be minimized.

• The New Mexico Power Authority employed a professional culturalanthropologist to consult with Native American groups within thearea to be affected by the Four Corners Power Project.

• The Ventura County (California) Flood Control Agency consulted withlocal Native American groups designated by the State Native Ameri-can Heritage Commission to determine how to handle human remainsto be exhumed from a cemetery that had to be relocated to make wayfor a flood control project.

• The Utah State Historic Preservation Officer entered into an agreementwith the American Folklife Center to develop a comprehensive over-view of the tangible and intangible historic resources of Grouse Creek,a traditional Mormon cowboy community.

• The Forest Service contracted for a full-scale ethnographic study to de-termine the significance of the Helkau Historic District on California'sSix Rivers National Forest.

sentatives—the tribal council of an In-dian tribe, for example, or an urbanneighborhood council. In other cases,leadership may be less officially de-fined, and establishing contact may bemore complicated. The assistance ofethnographers, sociologists, folklor-ists, and others who may have con-ducted research in the area or other-wise worked with its social groupsmay be necessary in such cases, in or-der to design ways of contacting andconsulting such groups in ways thatare both effective and consistent withtheir systems of leadership and com-munication.

It should be clearly recognized thatexpertise in traditional cultural valuesmay not be found, or not found solely,among contemporary communityleaders. In some cases, in fact, the cur-rent political leadership of a commu-nity or neighborhood may be hostileto or embarrassed about traditionalmatters. As a result, it may be neces-sary to seek out knowledgeable partiesoutside the community's official politi-cal structure. It is of course best to dothis with the full knowledge and coop-eration of the community's contempo-rary leaders; in most cases it is appro-priate to ask such leaders to identifymembers of the community who areknowledgeable about traditional cul-tural matters, and use these parties asan initial network of consultants onthe group's traditional values. If thereis serious hostility between thegroup's contemporary leadership andits traditional experts, however, suchcooperation may not be extended, andefforts to consult with traditional au-thorities may be actively opposed.Where this occurs, and it is necessaryto proceed with the identification andevaluation of properties—for example,where such identification and evalua-tion are undertaken in connection withreview of an undertaking under 106—careful negotiation and mediation maybe necessary to overcome oppositionand establish mutually acceptableground rules for consultation. Again,the assistance of anthropologists orothers with training and experience inwork with the community, or withsimilar communities, may be neces-sary.

FIELDWORKFieldwork to identify properties of

traditional cultural significance in-volves consultation with knowledge-

The Helkau Historic District, in the Six Rivers National Forest of California, iseligible for inclusion in the National Register because of its association with significantcultural practices of the Tolowa, Yorok, Karuk, and Hoopa Indian tribes of the area,who have used the district for generations to make medicine and communicate withspirits. (Theodoratus Cultural Research)

able parties, coupled with field inspec-tion and recordation of locations iden-tified as significant by such parties. Itis often appropriate and efficient tocombine such fieldwork with surveysto identify other kinds of historicproperties, for example archeologicalsites and properties of architecturalsignificance. If combined fieldwork isconducted, however, the professionalstandards appropriate to each kind offieldwork should be adhered to, andappropriate expertise in each relevantdiscipline should be represented onthe study team. The kinds of expertisetypically needed for a detailed ethno-graphic study of traditional culturalproperties are outlined in AppendixII. Applicable research standards canbe found in Systematic Fieldwork, Vol-ume 2: Ethnographic Analysis and DataManagement. (Werner and Schoepfle1986)

CULTURALLY SENSITIVECONSULTATION

Since knowledge of traditional cul-tural values may not be shared readilywith outsiders, knowledgeable partiesshould be consulted in cultural con-texts that are familiar and reasonableto them. It is important to understandthe role that the information being so-licited may play in the culture of those

from whom it is being solicited, andthe kinds of rules that may surroundits transmittal. In some societies tra-ditional information is regarded aspowerful, even dangerous. It is oftenbelieved that such information shouldbe transmitted only under particularcircumstances or to particular kinds ofpeople. In some cases information isregarded as a valued commodity forwhich payment is in order, in othercases offering payment may be offen-sive. Sometimes information may beregarded as a gift, whose acceptanceobligates the receiver to reciprocate insome way, in some cases by carryingout the activity to which the informa-tion pertains.

It may not always, or even often, bepossible to arrange for information tobe sought in precisely the way thosebeing consulted might prefer, butwhen it is not, the interviewer shouldclearly understand that to some extenthe or she is asking those interviewedto violate their cultural norms. Theinterviewer should try to keep suchviolations to a minimum, and shouldbe patient with the reluctance thatthose interviewed may feel towardsharing information under conditionsthat are not fully appropriate fromtheir point of view.

Culturally sensitive consultationmay require the use of languagesother than English, the conduct of

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community meetings in ways consis-tent with local traditional practice,and the conduct of studies by trainedethnographers, ethnohistorians, soci-ologists, or folklorists with the kindsof expertise outlined in Appendix II.Particularly where large projects orlarge land areas are involved, orwhere it is likely that particularlysensitive resources may be at issue,formal ethnographic studies shouldbe carried out, by or under the super-vision of a professionally qualifiedcultural anthropologist.

FIELD INSPECTION ANDRECORDATION

It is usually important to takeknowledgeable consultants into thefield to inspect properties that theyidentify as significant. In some casessuch properties may not be discern-ible as such to anyone but a knowl-edgeable member of the group thatascribes significance to them; in suchcases it may be impossible even tofind the relevant properties, or locatethem accurately, without the aid ofsuch parties. Even where a propertyis readily discernible as such to theoutside observer, visiting the prop-erty may help a consultant recall in-formation about it that he or she isunlikely to recall during interviews ata remote location, thus making for aricher and more complete record.

Where the property in questionhas religious significance or super-natural connotations, it is particularlyimportant to ensure that any visit iscarried out in accordance with appro-priate modes of behavior. In somecases, ritual purification is necessarybefore a property can be approached,or spirits must be propitiated alongthe way. Some groups forbid visits tosuch locations by menstruatingwomen or by people of inappropriateages. The taking of photographs orthe use of electronic recording equip-ment may not be appropriate. Ap-propriate ways to approach the prop-erty should be discussed with knowl-edgeable consultants before under-taking a field visit.

To the extent compatible with thecultural norms of the group involved,traditional cultural properties shouldbe recorded on National Register ofHistoric Places forms or their equiva-lent.5 Where items normally includedin a National Register nomination orrequest for a determination of eligi-bility cannot be included (for ex-

ample, if it is culturally inappropriateto photograph the property), the rea-sons for not including the itemshould be explained. To the extentpossible in the property's culturalcontext, other aspects of the docu-mentation (for example, verbal de-scriptions of the property) should beenhanced to make up for the itemsnot included.

If making the location of a prop-erty known to the public would beculturally inappropriate, or compro-mise the integrity of the property orassociated cultural values (for ex-ample, by encouraging tourists to in-trude upon the conduct of traditionalpractices), the "Not for Publication"box on the National Register formshould be checked; this indicates thatthe reproduction of locational infor-mation is prohibited, and that otherinformation contained in the nomina-tion will not be reproduced withoutthe permission of the nominating au-thority. In the case of a request for adetermination of eligibility in which aNational Register form is not used,the fact that the information is not forpublication should be clearly speci-

fied in the documentation, so that theNational Register can apply the samecontrols to this information as it wouldto restricted information in a nomina-tion.6

RECONCILINGSOURCES

Sometimes an apparent conflict ex-ists between documentary data on tra-ditional cultural properties and the tes-timony of contemporary consultants.The most common kind of conflict oc-curs when ethnographic andethnohistorical documents do not iden-tify a given place as playing an impor-tant role in the tradition and culture ofa group, while contemporary membersof the group say the property doeshave such a role. More rarely, docu-mentary sources may indicate that aproperty does have cultural signifi-cance while contemporary sources sayit does not. In some cases, too, contem-porary sources may disagree about thesignificance of a property.

Much of the significance of traditional cultural properties can be learned only fromtestimony of the traditional people who value them, like this old man being interviewedin Truk. (Micronesia Institute)

5 For general instructions on the completion of National Register documentation, see How toComplete the National Register of Historic Places Form.

6 Section 304 of the National Historic Preservation Act provides the legal authority to withholdNational Register information from the public when release might "create a substantial risk ofharm, theft, or destruction." For detailed guidelines concerning restricting access to informationsee the National Register bulletin entitled, Guidelines for Restricting Information About Historic andPrehistoric Resources.

Where available documents fail toidentify a property as culturally sig-nificant, but contemporary sourcesidentify it as such, several pointsshould be considered.

(a)Ethnographic and ethnohistoricalresearch has not been conducteduniformly in all parts of the nation;some areas are better documentedthan others simply because theyhave been the focus of more re-search.

(b)Ethnographic and ethnohistoricaldocuments reflect the researchinterests of those who preparedthem; the fact that one does notidentify a property as culturallyimportant may reflect only the factthat the individual who preparedthe report had research intereststhat did not require the identifica-tion of such properties.

(c) Some kinds of traditional culturalproperties are regarded by thosewho value them as the loci ofsupernatural or other power, or ashaving other attributes that makepeople reluctant to talk about them.Such properties are not likely to berecorded unless someone makes avery deliberate effort to do so, orunless those who value them havea special reason for revealing theinformation—for example, aperception that the property is insome kind of danger.

Particularly because properties oftraditional cultural significance are of-ten kept secret, it is not uncommonfor them to be "discovered" onlywhen something threatens them—forexample, when a change in land-useis proposed in their vicinity. The sud-den revelation by representatives of acultural group which may also haveother economic or political interests inthe proposed change can lead quicklyto charges that the cultural signifi-cance of a property has been inventedonly to obstruct or otherwise influ-ence those planning the change. Thismay be true, and the possibility thattraditional cultural significance is at-tributed to a property only to advanceother, unrelated interests should becarefully considered. However, it alsomay be that until the change was pro-posed, there simply was no reason forthose who value the property to re-veal its existence or the significancethey ascribe to it.

Where ethnographic, ethnohis-torial, historical, or other sourcesidentify a property as having culturalsignificance, but contemporarysources say that it lacks such signifi-cance, the interests of the contempo-rary sources should be carefully con-sidered. Individuals who have eco-nomic interests in the potential devel-opment of an area may be stronglymotivated to deny its cultural signifi-cance. More subtly, individuals whoregard traditional practices and be-liefs as backward and contrary to the

best contemporary interests of thegroup that once ascribed significanceto a property may feel justified in say-ing that such significance has beenlost, or was never ascribed to theproperty. On the other hand, ofcourse, it may be that the documen-tary sources are wrong, or that thesignificance ascribed to the propertywhen the documents were preparedhas since been lost.

Similar consideration must betaken into account in attempting toreconcile conflicting contemporarysources. Where one individual orgroup asserts that a property has tra-ditional cultural significance, and an-other asserts that it does not or wherethere is disagreement about the na-ture or extent of a property's signifi-cance, the motives and values of theparties, and the cultural constraintsoperating on each, must be carefullyanalyzed.

In general, the only reasonably reli-able way to resolve conflict amongsources is to review a wide enoughrange of documentary data, and to in-terview a wide enough range of au-thorities to minimize the likelihood ei-ther of inadvertent bias or of beingdeliberately misled.

Authorities consulted in most casesshould include both knowledgeableparties within the group that may at-tribute cultural value to a propertyand appropriate specialists in ethnog-raphy, sociology, history, and otherrelevant disciplines.7

7 For excellent examples of studies designed in whole or in part to identify and evaluate tradi-tional cultural properties based on both documentary sources and the testimony of consultants,see Bean and Vane 1978; Carroll 1983; Johnston and Budy 1983; Stoffle and Dobyns 1982,1983;Theodoratus 1979.

10

IV. DETERMININGELIGIBILITY: STEP BY STEP

Whether a property is known inadvance or found during an identifi-cation effort, it must be evaluatedwith reference to the National Regis-ter Criteria for Evaluation (36 CFRPart 60) in order to determinewhether it is eligible for inclusion inthe Register. This section discussesthe process of evaluation as a series ofsequential steps. In real life of course,these steps are often collapsed intoone another or taken together.

STEP ONE:ENSURE THAT THE ENTITYUNDER CONSIDERATIONIS A PROPERTY

Because the cultural practices orbeliefs that give a traditional culturalproperty its significance are typicallystill observed in some form at thetime the property is evaluated, it issometimes perceived that the intan-gible practices or beliefs themselves,not the property, constitute the sub-ject of evaluation. There is naturally adynamic relationship between tan-gible and intangible traditional cul-tural resources, and the beliefs orpractices associated with a traditionalcultural property are of central im-portance in defining its significance.However, it should be clearly recog-nized at the outset that the NationalRegister does not include intangibleresources themselves. The entityevaluated must be a tangible prop-erty—that is, a district, site, building,structure, or object.8 The relationshipbetween the property and the beliefsor practices associated with it shouldbe carefully considered, however,since it is the beliefs and practices thatmay give the property its significanceand make it eligible for inclusion inthe National Register.

Construction by human beings is anecessary attribute of buildings andstructures, but districts, sites, and ob-jects do not have to be the products

of, or contain, the work of human be-ings in order to be classified as prop-erties. For example, the National Reg-ister defines a "site" as "the locationof a significant event, a prehistoric orhistoric occupation or activity, or abuilding or structure, whether stand-ing, ruined, or vanished, where the lo-cation itself possesses historic, cul-tural, or archeological value regard-less of the value of any existing struc-ture."9 Thus a property may be de-fined as a "site" as long as it was thelocation of a significant event or activ-ity, regardless of whether the event oractivity left any evidence of its occur-rence. A culturally significant naturallandscape may be classified as a site,as may the specific location where sig-nificant traditional events, activities,or cultural observances have takenplace. A natural object such as a treeor a rock outcrop may be an eligibleobject if it is associated with a signifi-cant tradition or use. A concentration,linkage, or continuity of such sites orobjects, or of structures comprising aculturally significant entity, may beclassified as a district.

In considering the eligibility of aproperty that contains no observableevidence of human activity, however,the documentary or oral evidence forthe association of the property withtraditional events, activities or obser-vances should be carefully weighedand assessed. The National Registerdiscourages the nomination of naturalfeatures without sound documenta-tion of their historical or cultural sig-nificance.

STEP TWO:CONSIDER THEPROPERTY'S INTEGRITY

In order to be eligible for inclusionin the Register, a property must have"integrity of location, design, setting,materials, workmanship, feeling, andassociation" (36 CFR Part 60).

In the case of a traditional culturalproperty, there are two fundamentalquestions to ask about integrity. First,does the property have an integral re-lationship to traditional cultural prac-tices or beliefs; and second, is the con-dition of the property such that therelevant relationships survive?

INTEGRITY OFRELATIONSHIP

Assessing the integrity of the rela-tionship between a property and thebeliefs or practices that may give itsignificance involves developingsome understanding about how thegroup that holds the beliefs or carriesout the practices is likely to view theproperty. If the property is known orlikely to be regarded by a traditionalcultural group as important in the re-tention or transmittal of a belief, or tothe performance of a practice, theproperty can be taken to have an inte-gral relationship with the belief orpractice, and vice-versa.

For example, imagine two groupsliving along the shores of a lake. Eachgroup practices a form of baptism tomark an individual's acceptance intothe group. Both carry out baptism inthe lake. One group, however, holdsthat baptism is appropriate in anybody of water that is available; thelake happens to be available, so it isused, but another lake, a river orcreek, or a swimming pool would bejust as acceptable. The second groupregards baptism in this particular lakeas essential to its acceptance of an in-dividual as a member. Clearly thelake is integrally related to the secondgroup's practice, but not to that of thefirst.

8 See How to Apply the National Register Cri-teria for Evaluation for discussion of propertytypes.

Form.

) See How to Complete the National Register

11

INTEGRITY OF CONDITION

Like any other kind of historicproperty, a property that once hadtraditional cultural significance canlose such significance through physi-cal alteration of its location, setting,design, or materials. For example, anurban neighborhood whose struc-tures, objects, and spaces reflect thehistorically rooted values of a tradi-tional social group may lose its sig-nificance if these aspects of the neigh-borhood are substantially altered.

In some cases a traditional culturalproperty can also lose its significancethrough alteration of its setting or en-vironment. For example, a locationused by an American Indian groupfor traditional spirit questing is un-likely to retain its significance for thispurpose if it has come to be sur-rounded by housing tracts or shop-ping malls.

A property may retain its tradi-tional cultural significance eventhough it has been substantially modi-fied, however. Cultural values aredynamic, and can sometimes accom-modate a good deal of change. Forexample, the Karuk Indians of north-western California continue to carryon world renewal rites, ancient cer-emonies featuring elaborate dances,songs, and other ritual activities,along a stretch of the Klamath Riverthat is now the site of a highway, aForest Service Ranger Station, a num-ber of residences, and a timber cuttingoperation. Specific locations impor-tant in aspects of the ceremony re-main intact, and accommodation hasbeen reached between the Karuk andother users of the land. The State De-partment of Transportation has evenerected "Ritual Crossing" signs at lo-cations where the Karuk religiouspractitioners cross the highway, andbuilt shallow depressions into theroadway which are filled with sand inadvance of the ceremony, so the feetof the practitioners need not be pro-faned by contact with man-made mac-adam. As this example shows, the in-tegrity of a possible traditional cul-tural property must be consideredwith reference to the views of tradi-tional practitioners; if its integrity hasnot been lost in their eyes, it probablyhas sufficient integrity to justify fur-ther evaluation.

Some kinds of traditional culturalsignificance also may be retained re-gardless of how the surroundings of a

Cannonball Island, off Cape Alava on the coast of Washington State, is a traditionalcultural property of importance to the Makah Indian people. It was used in the past,and is still used today, as a navigation marker for Makah fisherman, who establishedlocations at sea by triangulation from this and other landmarks. It also was a lookoutpoint for seal and whale hunters and for war parties, a burial site, and a kennel for dogsraised for their fur. (Makah Cultural and Research Center Archives)

property may be changed. For ex-ample, the First African BaptistChurch Cemetery in Philadelphia, re-discovered during archeological workin advance of highway construction in1985, has considerable cultural signifi-cance for the congregation that tracesdescent from those interred in theCemetery, and for Philadelphia's Afri-can American community in general,even though its graves had been bur-ied under fill and modern construc-tion for many decades.

It should also be recalled that evenif a property has lost integrity as apossible traditional cultural property,it may retain integrity with referenceto some other aspect of significance.For example, a property whose cul-tural significance has been lostthrough disturbance may still retainarcheological deposits of significancefor their information content, and aneighborhood whose traditional resi-dents no longer ascribe significance toit may contain buildings of architec-tural importance.

STEP THREE:EVALUATE THE PROPERTYWITH REFERENCE TO THENATIONAL REGISTERCRITERIA

Assuming the entity to be evalu-ated is a property, and that it retains

integrity, it is next necessary to evalu-ate it against the four basic NationalRegister Criteria set forth in the Na-tional Register regulations (36 CFRPart 60). If the property meets one ormore of the criteria, it may be eligible;if it does not, it is not eligible.10

CRITERION (A):ASSOCIATION WITHEVENTS THAT HAVE MADEA SIGNIFICANTCONTRIBUTION TO THEBROAD PATTERNS OF OURHISTORY.

The word "our" in this criterionmay be taken to refer to the group towhich the property may have tradi-tional cultural significance, and theword "history" may be taken to in-clude traditional oral history as well asrecorded history. For example, Mt.Tonaachaw on Moen Island in Truk,Federated States of Micronesia, is inthe National Register in part becauseof association with oral traditionsabout the establishment of Trukese so-ciety.

"Events" can include specific mo-ments in history of a series of eventsreflecting a broad pattern or theme.

10 For general guidelines, see How to Applythe National Register Criteria for Evaluation.

12

For example, the ongoing participa-tion of an ethnic or social group in anarea's history, reflected in aneighborhood's buildings,streetscapes, or patterns of social ac-tivity, constitutes such a series ofevents.

The association of a property withsignificant events, and its existence atthe time the events took place, mustbe documented through acceptedmeans of historical research. Themeans of research normally employedwith respect to traditional culturalproperties include ethnographic,ethnohistorical, and folklore studies,as well as historical and archeologicalresearch. Sometimes, however, theactual time a traditional event tookplace may be ambiguous; in suchcases it may be impossible, and tosome extent irrelevant, to demonstratewith certainty that the property inquestion existed at the time the tradi-tional event occurred. For example,events recounted in the traditions ofNative American groups may haveoccurred in a time before the creationof the world as we know it, or at leastbefore the creation of people. Itwould be fruitless to try to demon-strate, using the techniques of historyand science, that a given location didor did not objectively exist in a timewhose own existence cannot be dem-onstrated scientifically. Such a dem-onstration is unnecessary for pur-poses of eligibility determination; aslong as the tradition itself is rooted inthe history of the group, and associ-ates the property with traditionalevents, the association can be ac-cepted.

CRITERION (B):ASSOCIATION WITH THELIVES OF PERSONSSIGNIFICANT IN OUR PAST.

Again, the word "our" can be inter-preted with reference to the peoplewho are thought to regard the prop-erty as traditionally important. Theword "persons" can be taken to referboth to persons whose tangible, hu-man existence in the past can be in-ferred on the basis of historical, ethno-graphic, or other research, and to"persons" such as gods and demigodswho feature in the traditions of agroup. For example, Tahquitz Can-yon in southern California is includedin the National Register in part be-cause of its association with Tahquitz,

a Cahuilla Indian demigod who fig-ures importantly in the tribe's tradi-tions and is said to occupy an obsid-ian cave high in the canyon.

CRITERION (O(l):11

EMBODIMENT OF THEDISTINCTIVECHARACTERISTICS OF ATYPE, PERIOD, OR METHODOF CONSTRUCTION.

This subcriterion applies to proper-ties that have been constructed, orcontain constructed entities—that is,buildings, structures, or built objects.For example, a neighborhood that hastraditionally been occupied by a par-ticular ethnic group may display par-ticular housing styles, gardens, streetfurniture or ornamentation distinctiveof the group. Honolulu's Chinatown,for example, embodies the distinctivecultural values of the City's Asiancommunity in its architecture, land-scaping, signage, and ornamentation.

CRITERION (C)(2):REPRESENTATIVE OF THEWORK OF A MASTER.

A property identified in traditionor suggested by scholarship to be thework of a traditional master builderor artisan may be regarded as thework of a master, even though theprecise identity of the master may notbe known.

CRITERION (C)(3):POSSESSION OF HIGHARTISTIC VALUES.

A property made up of or contain-ing art work valued by a group fortraditional cultural reasons, for ex-ample a petroglyph or pictograph sitevenerated by an Indian group, or abuilding whose decorative elementsreflect a local ethnic groups distinc-tive modes of expression, may beviewed as having high artistic valuefrom the standpoint of the group.

11 Note: Criterion (C) is not subdivided intosubcriteria (1), (2), etc. in 36 CFR Part 60.4. Thesubdivision given here is only for the conve-nience of the reader.

In Trukese tradition, the Tonaachaw Historic District was the location to whichSowukachaw, founder of the Trukese society, came and established his meetinghouse atthe beginning of Trukese history. The mountain, in what is now the Federated Statesof Micronesia, is a powerful landmark in the traditions of the area. (Lawrence E.Aten)

13

CRITERION (C)(4):REPRESENTATIVE OF ASIGNIFICANT ANDDISTINGUISHABLE ENTITYWHOSE COMPONENTSMAY LACK INDIVIDUALDISTINCTION.

A property may be regarded asrepresentative of a significant anddistinguishable entity, even though itlacks individual distinction, if it rep-resents or is an integral part of alarger entity of traditional culturalimportance. The larger entity may,and usually does, possess both tan-gible and intangible components. Forexample, certain locations along theRussian River in California are highlyvalued by the Porno Indians, andhave been for centuries, as sources ofhigh quality sedge roots needed inthe construction of the Pomo's worldfamous basketry.

Although the sedge fields them-selves are virtually indistinguishablefrom the surrounding landscape, andcertainly indistinguishable by the un-trained observer from other sedgefields that produce lower qualityroots, they are representative of, andvital to, the larger entity of Pornobasketmaking. Similarly, somedeeply venerated landmarks inMicronesia are natural features, suchas rock outcrops and groves of trees;these are indistinguishable visually(at least to the outside observer) fromother rocks and trees, but they figureimportantly in chants embodying tra-ditional sailing directions and lessonsabout traditional history. As indi-vidual objects they lack distinction,but the larger entity of which they area part—Micronesian navigational andhistorical tradition—is of prime im-portance in the area's history.

CRITERION (D): HISTORYOF YIELDING, ORPOTENTIAL TO YIELD,INFORMATIONIMPORTANT INPREHISTORY OR HISTORY.

Properties that have traditionalcultural significance often have al-ready yielded, or have the potentialto yield, important informationthrough ethnographic, archeological,sociological, folkloric, or other stud-

I

Many traditional cultural properties look like very little on the ground. The smallprotuberance in the center of this photo, known to residents of the Hanford NuclearReservation in Washington State as Goose Egg Hill, is regarded by the Yakima Indiansof the area as the heart of a goddess who was torn apart by jealous compatriots. Theyscattered her pieces across the landscape, creating a whole complex of culturallysignificant landforms. (Thomas F. King)

ies. For example, ethnographic andethnohistorical studies of Kaho'olaweIsland in Hawai'i, conducted in orderto clarify its eligibility for inclusion inthe National Register, have providedimportant insights into Hawai'ian tra-ditions and culture and into the his-tory of twentieth century efforts to re-vitalize traditional Hawai'ian culture.

Similarly, many traditional Ameri-can Indian village sites are also ar-cheological sites, whose study can pro-vide important information about thehistory and prehistory of the groupthat lived there. Generally speaking,however, a traditional culturalproperty's history of yielding, or po-tential to yield, information, if relevantto its significance at all, is secondary toits association with the traditional his-tory and culture of the group that as-cribes significance to it.

STEP 4:DETERMINE WHETHER ANYOF THE NATIONALREGISTER CRITERIACONSIDERATIONS (36 CFR60.4) MAKE THE PROPERTYINELIGIBLE

Generally speaking, a property isnot eligible for inclusion in the Regis-ter if it represents a class of propertiesto which one or more of the six "crite-ria considerations" listed in 36 CFR60.4 applies, and is not part of a dis-trict that is eligible.

In applying the criteria consider-ations, it is important to be sensitive to

the cultural values involved, and toavoid ethnocentric bias, as discussedbelow.

CONSIDERATION A:OWNERSHIP BY ARELIGIOUS INSTITUTIONOR USE FOR RELIGIOUSPURPOSES.

A "religious property," accordingto National Register guidelines, re-quires additional justification (fornomination) because of the necessityto avoid any appearance of judgementby government about the merit of anyreligion or belief."12 Conversely, it isnecessary to be careful not to allow asimilar judgement to serve as the ba-sis for determining a property to beineligible for inclusion in the Register.Application of this criteria consider-ation to traditional cultural propertiesis fraught with the potential for ethno-centrism and discrimination. In manytraditional societies, including mostAmerican Indian societies, the cleardistinction made by Euroamerican so-ciety between religion and the rest ofculture does not exist. As a result,properties that have traditional cul-tural significance are regularly dis-cussed by those who value them interms that have religious connota-tions. Inyan Karan Mountain, for ex-ample, a National Register property inthe Black Hills of South Dakota, is sig-

12 How to Complete the National Register Form.

14

nificant in part because it is the abodeof spirits in the traditions of theLakota and Cheyenne. Some tradi-tional cultural properties are used forpurposes that are definable as reli-gious in Euroamerican terms, and thisuse is intrinsic to their cultural signifi-cance.

Kootenai Falls on the KootenaiRiver in Idaho, part of the NationalRegister-eligible Kootenai Falls Cul-tural Resource District, has been usedfor centuries as a vision questing siteby the Kootenai tribe. The HelkauHistoric District in northern Califor-nia is a place where traditional reli-gious practitioners go to make medi-cine and commune with spirits, andMt. Tonaachaw in Truk is an object ofspiritual veneration. The fact thatsuch properties have religious conno-tations does not automatically makethem ineligible for inclusion in theRegister.

Applying the "religious exclusion"without careful and sympathetic con-sideration to properties of significanceto a traditional cultural group can re-sult in discriminating against thegroup by effectively denying the le-gitimacy of its history and culture.The history of a Native Americangroup, as conceived by its indigenouscultural authorities, is likely to reflecta kind of belief in supernatural beingsand events that Euroamerican culturecategorizes as religious, although thegroup involved, as is often the casewith Native American groups, maynot even have a word in its languagefor "religion." To exclude from theNational Register a property of cul-tural and historical importance tosuch a group, because its significancetends to be expressed in terms that tothe Euroamerican observer appear tobe "religious" is ethnocentric in theextreme.

In simplest terms, the fact that aproperty is used for religious pur-poses by a traditional group, such asseeking supernatural visions, collect-ing or preparing native medicines, orcarrying out ceremonies, or is de-scribed by the group in terms that areclassified by the outside observer as"religious" should not by itself betaken to make the property ineligible,since these activities may be expres-sions of traditional cultural beliefsand may be intrinsic to the continua-tion of traditional cultural practices.Similarly, the fact that the group thatowns a property—for example, anAmerican Indian tribe—describes it in

religious terms, or constitutes a groupof traditional religious practitioners,should not automatically be taken toexclude the property from inclusionin the Register. Criteria Consider-ation A was included in the Criteriafor Evaluation in order to avoid al-lowing historical significance to be de-termined on the basis of religious doc-trine, not in order to exclude arbi-trarily any property having religiousassociations. National Register guide-lines stress the fact that properties canbe listed in or determined eligible forthe Register for their association withreligious history, or with persons sig-nificant in religion, if such signifi-cance has "scholarly, secular recogni-tion."13 The integral relationshipamong traditional Native Americanculture, history, and religion is widelyrecognized in secular scholarship.14

Studies leading to the nomination oftraditional cultural properties to theRegister should have among theirpurposes the application of secularscholarship to the association of par-ticular properties with broad patternsof traditional history and culture. Thefact that traditional history and cul-ture may be discussed in religiousterms does not make it less historicalor less significant to culture, nor doesit make properties associated with tra-ditional history and culture ineligiblefor inclusion in the National Register.

CONSIDERATION B:RELOCATED PROPERTIES.

Properties that have been movedfrom their historically important loca-tions are not usually eligible for inclu-sion in the Register, because "the sig-nificance of (historic properties) is em-bodied in their locations and settingsas well as in the (properties) them-selves" and because "one basic pur-pose of the National Register is to en-courage the preservation of historicproperties as living parts of their com-munities."15 This consideration is rel-evant but rarely applied formally totraditional cultural properties; in mostcases the property in question is a siteor district which cannot be relocatedin any event. Even where the prop-erty can be relocated, maintaining iton its original site is often crucial tomaintaining its importance in tradi-tional culture, and if it has beenmoved, most traditional authoritieswould regard its significance as lost.

Where a property is intrinsicallyportable, however, moving it does not


14 For example see U.S. Commission onCivil Rights 1983; Michaelson 1986.


The fact that a property has religious connotations does not automatically disqualify itfor inclusion in the National Register. This Shaker community in Massachusetts, forexample, while religious in orientation, is included in the Register because it expressesthe cultural values of the Shakers as a society. (Historic American Buildings Survey)

15

Some traditional cultural properties may be moveable, like this traditional war canoe still in use in the Republic ifPalua. (PapuaHistoric Preservation Officer)

destroy its significance, provided itremains "located in a historically ap-propriate setting."16 For example, atraditionally important canoe or otherwatercraft would continue to be eli-gible as long as it remained in the wa-ter or in an appropriate dry land con-text (e.g., a boathouse). A propertymay also retain its significance if ithas been moved historically.17 Forexample, totem poles moved from oneNorthwest Coast village to another inearly times by those who made orused them would not have lost theirsignificance by virtue of the move. Insome cases, actual or putative reloca-tion even contributes to the signifi-cance of a property. The topmostpeak of Mt. Tonaachaw in Truk, forexample, is traditionally thought tohave been brought from another is-land; the stories surrounding thismagical relocation are parts of themountains cultural significance.

In some cases it may be possible torelocate a traditionally significantproperty and still retain its signifi-cance, provided the property's "his-toric and present orientation, immedi-ate setting, and general environment"are carefully considered in planningand executing the move.18 At LakeSonoma in California, for example,the U.S. Army Corps of Engineers re-located a number of boulders contain-

ing petroglyphs having artistic, ar-cheological, and traditional culturalsignificance to protect them from in-undation. The work was done in con-sultation with members of the localPorno Indian tribe, and apparentlydid not destroy the significance of theboulders in the eyes of the tribe.19

CONSIDERATION C:BIRTHPLACES ANDGRAVES.

Birthplaces and graves of famouspersons are not usually eligible for in-clusion in the Register as such. If thebirthplace or gravesite of a historicalperson is significant for reasons otherthan its association with that person,however, the property can of coursebe eligible.20 Thus in the case of a tra-ditional cultural property, ifsomeone's birth or burial within theproperty's boundaries was incidentalto the larger traditional significance ofthe property, the fact that it occurreddoes not make the property ineligible.For example, in South Texas, theburial site of Don Pedrito Jaramillo, awell documented folk healer whopracticed at the turn of the century,has for more than seventy years beena culturally significant site for the per-formance of traditional healing rituals

by Mexican American folk healers.Here the cultural significance of thesite as a center for healing is related tothe intangible belief that DonPedrito's spirit is stronger there thanin other places, rather than to the factof his burial there.

On the other hand, it is possible forthe birth or burial itself to have beenascribed such cultural importance thatits association with the property con-tributes to its significance.

Tahquitz Canyon in southern Cali-fornia, for example, is in a sense thetraditional "birthplace" of the entireCahuilla Indian people. Its status assuch does not make it ineligible; onthe contrary, it is intrinsic to its eligi-bility. Mt. Tonaachaw in Truk is ac-cording to some traditions the birth-




19 The location to which a property is relo-cated, and the extent to which it retains its in-tegrity after relocation, must be carefully con-sidered in judging its continued eligibility forinclusion in the National Register. See How toComplete the National Register Form for generalguidelines.

2 0 How to Complete the National Register Form.

16

place of the culture hero Souwooni-iras, whose efforts to organize societyamong the islands of Truk Lagoon arethe stuff of Trukese legend. The asso-ciation of his birth with the mountaindoes not make the mountain ineli-gible; rather, it contributes to its eligi-bility.

CONSIDERATION D:CEMETERIES.

Cemeteries are not ordinarily eli-gible for inclusion in the Register un-less they "derive (their) primary sig-nificance from graves of persons oftranscendent importance, from age,from distinctive design values, or fromassociation with historic events."21

Many traditional cultural propertiescontain cemeteries, however, whosepresence contributes to their signifi-cance.

Tahquitz Canyon, for example,whose major significance lies in its as-sociation with Cahuilla traditionalhistory, contains a number of cemeter-ies that are the subjects of great con-cern to the Cahuilla people. The factthat they are present does not renderthe Canyon ineligible; on the contrary,as reflections of the long historical as-sociation between the Cahuilla andthe Canyon, the cemeteries reflect andcontribute to the Canyon's signifi-cance. Thus the fact that a traditionalcultural property is or contains a cem-etery should not automatically betaken to render it ineligible.

CONSIDERATION E:RECONSTRUCTION.

A reconstructed property—that is,a new construction that ostensibly re-produces the exact form and detail ofa property or portion of a propertythat has vanished, as it appeared at aspecific period in time—is not nor-mally eligible for inclusion in the Reg-ister unless it meets strict criteria.22

The fact that some reconstruction hasoccurred within the boundaries of atraditional cultural property, how-ever, does not justify regarding theproperty as ineligible for inclusion inthe Register. For example, individu-als involved in the revitalization oftraditional Hawaiian culture and reli-gion have reconstructed certain reli-gious structures on the island ofKaho'olawe; while the structuresthemselves might not be eligible forinclusion in the Register, their con-

struction in no way diminishes theisland's eligibility.

CONSIDERATION F:COMMEMORATION.

Like other properties, those con-structed to commemorate a traditionalevent or person cannot be found eli-gible for inclusion in the Registerbased on association with that eventor person alone.23 The mere fact thatcommemoration is involved in the useor design of a property should not betaken to make the property ineligible,however. For example, traditionalmeetinghouses in the Republic ofPalau, included in the National Regis-ter, are typically ornamented with"story boards" commemorating tradi-tional events; these derive their de-sign from traditional Palauan aes-thetic values, and thus contribute tothe cultural significance of the struc-tures. They connect the structureswith the traditional history of the is-lands, and in no way diminish theircultural, ethnographic, and architec-tural significance.

CONSIDERATION G:SIGNIFICANCE ACHIEVEDWITHIN THE PAST 50YEARS.

Properties that have achieved sig-nificance only within the 50 years pre-ceding their evaluation are not eli-gible for inclusion in the Register un-less "sufficient historical perspectiveexists to determine that the propertyis exceptionally important and willcontinue to retain that distinction inthe future."24 This is an extremelyimportant criteria consideration withrespect to traditional cultural values.A significance ascribed to a propertyonly in the past 50 years cannot beconsidered traditional.

As an example, consider a moun-tain peak used by an Indian tribe forcommunication with the supernatu-ral. If the peak has been used bymembers of the tribe for many years,or if it was used by members of thetribe in prehistory or early history, itmay be eligible, but if its use has be-gun only within the past 50 years, it isprobably not eligible.





Several hundred persons visit this shrine to Don Pedrito Jaramillo, curandero (faithhealer), yearly to seek his healing spirit. (Curtis Tunnell, Texas HistoricalCommission)

17

Tahquitz Canyon, in southern California, is included in the National Register because of its association with the traditions of theCahuilla Indians. The ancestors of the Cahuilla came into this world from a lower one at the beginning of time, and an evil spirit,named Tahquitz, is believed to live in the upper reaches of the canyon. (Thomas F. King)

The fact that a property may havegone unused for a lengthy period oftime, with use beginning again onlyrecently, does not make the propertyineligible for the Register. For ex-ample, assume that the Indian tribereferred to above used the mountainpeak in prehistory for communicationwith the supernatural, but was forcedto abandon such use when it was con-fined to a distant reservation, or whenits members were converted to Chris-tianity. Assume further that a revital-ization of traditional religion has be-

gun in the last decade, and as a resultthe peak is again being used for visionquests similar to those carried outthere in prehistory. The fact that thecontemporary use of the peak haslittle continuous time depth does notmake the peak ineligible; the peak'sassociation with the traditional activ-ity reflected in its contemporary use iswhat must be considered in determin-ing eligibility.

The length of time a property hasbeen used for some kinds of tradi-tional purposes may be difficult to es-

tablish objectively. Many cultural usesmay have left little or no physical evi-dence, and may not have been notedby ethnographers or early visitors tothe area. Some such uses are explicitlykept from outsiders by members of thegroup ascribing significance to theproperty. Indirect evidence and infer-ence must be weighed carefully, by orin consultation with trained ethnogra-phers, ethnohistorians, and other spe-cialists, and professional judgementsmade that represent one's best, good-faith interpretation of the availabledata.

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V. DOCUMENTINGTRADITIONAL CULTURALPROPERTIES

GENERALCONSIDERATIONS

Generally speaking, documentationof a traditional cultural property, on aNational Register nomination form orin eligibility documentation, shouldinclude a presentation of the results ofinterviews and observations that sys-tematically describe the behavior, be-liefs, and knowledge that are germaneto understanding the property's cul-tural significance, and an organizedanalysis of these results. The database from which the formal nomina-tion or eligibility determination docu-ments are derived should normallyinclude appropriate tape recordings,photographs, field notes, and primarywritten records.

Obtaining and presenting suchdocumentation can present specialchallenges, however. First, those whoascribe significance to the propertymay be reluctant to allow its descrip-tion to be committed to paper, or to befiled with a public agency that mightrelease information about it to inap-propriate people. Second, documen-tation necessarily involves addressingnot only the physical characteristics ofthe property as perceived by an out-side observer, but culturally signifi-cant aspects of the property that maybe visible or knowable only to thosein whose traditions it is significant.Third, boundaries are often difficultto define. Fourth, in part because ofthe difficulty involved in definingboundaries, it is important to addressthe setting of the property.

THE PROBLEM OFCONFIDENTIALITY

Particularly where a property hassupernatural connotations in theminds of those who ascribe signifi-cance to it, or where it is used in on-going cultural activities that are notreadily shared with outsiders, it maybe strongly desired that both the na-ture and the precise location of theproperty be kept secret. Such a desireon the part of those who value a prop-erty should of course be respected,but it presents considerable problemsfor the use of National Register datain planning. In simplest terms, onecannot protect a property if one doesnot know that it is there.

The need to reveal informationabout something that one's culturalsystem demands be kept secret canpresent agonizing problems for tradi-tional groups and individuals. It isone reason that information on tradi-tional cultural properties is notreadily shared with Federal agenciesand others during the planning andenvironmental review of constructionand land use projects. However con-cerned one may be about the impactsof such a project on a traditional cul-tural property, it may be extremelydifficult to express these concerns toan outsider if one's cultural systemprovides no acceptable mechanism fordoing so. These difficulties are some-times hard for outsiders to under-stand, but they should not be under-rated. In some cultures it is sincerelybelieved that sharing information in-appropriately with outsiders will leadto death or severe injury to one's fam-ily or group.

As noted above, information onhistoric properties, including tradi-tional cultural properties, may be kept

confidential under the authority of304 of the National Historic Preserva-tion Act.25 This may not always beenough to satisfy the concerns ofthose who value, but fear the resultsof releasing information on, tradi-tional cultural properties. In somecases these concerns may make it nec-essary not to nominate such proper-ties formally at all, or not to seek for-mal determinations of eligibility, butsimply to maintain some kind of mini-mal data in planning files. For ex-ample, in planning deployment of theMX missile system in Wyoming, theAir Force became aware that theLakota Indian tribe in the area hadconcerns about the project's impactson traditional cultural properties, butwas unwilling to identify and docu-ment the precise locations and signifi-cance of such properties. To resolvethis problem, Air Force representa-tives met with the tribe's traditionalcultural authorities and indicatedwhere they wanted to construct thevarious facilities required by the de-ployment; the tribe's authorities indi-cated which of these locations werelikely to present problems, withoutsaying what the nature of the prob-lems might be. The Air Force then de-signed the project to minimize use ofsuch areas. In a narrow sense, obvi-ously, the Air Force did not gothrough the process of evaluation rec-ommended by this Bulletin; no spe-cific properties were identified orevaluated to determine their eligibil-ity for inclusion in the National Regis-ter. In a broader sense, however, theAir Force's approach represents excel-lent practice in the identification andtreatment of traditional cultural prop-

25 For details regarding maintaining confi-dentiality, see Guidelines for Restricting Informa-tion About Historic and Prehistoric Resources.

19

erties. The Air Force consulted care-fully and respectfully with those whoascribed traditional cultural signifi-cance to properties in the area, andsought to accommodate their con-cerns. The tribe responded favorablyto this approach, and did not take un-due advantage of it. Presumably, hadthe tribe expressed concern aboutsuch expansive or strategically locatedareas as to suggest that it was moreinterested in impeding the deploy-ment than in protecting its valuedproperties the Air Force would havehad to use a different approach.

In summary: the need that oftenexists to keep the location and natureof a traditional cultural property se-cret can present intractable problems.These must be recognized and dealtwith flexibly, with an understandingof the fact that the management prob-lems they may present to Federalagencies or State Historic PreservationOfficers may pale into insignificancewhen compared with the wrenchingcultural conflicts they may present tothose who value the properties.

DOCUMENTING VISIBLEAND NON-VISIBLECHARACTERISTICS

Documentation of a traditional cul-tural property should present notonly its contemporary physical ap-pearance and, if known, its historicalappearance, but also the way it is de-scribed in the relevant traditional be-lief or practice. For example, one ofthe important cultural locations onMt. Tonaachaw in Truk is an areacalled "Neepisaram," which physi-cally looks like nothing but a grassyslope near the top of the mountain. Intradition, however, it is seen as the earof "kuus," a metaphorical octopusidentified with the mountain, and asthe home of "Saraw," a warriorspirit/barracuda. Obviously a nomi-nation of "Neepisaram" would be in-complete and largely irrelevant to itssignificance if it identified it only as agrassy slope near the top of the moun-tain.

PERIOD OF SIGNIFICANCE

Describing the period of signifi-cance for a traditional cultural prop-erty can be an intellectual challenge,particularly where the traditions of aNative American or Micronesiangroup are involved. In such cases

there are often two different kinds of"periods." One of these is the periodin which, in tradition, the propertygained its significance—the periodduring which the Cahuilla peopleemerged from the lower worldthrough Tahquitz Canyon, or the pe-riod when civilization came to Trukthrough the magical arrival of the cul-ture-bearer Sowukachaw on Mt.Tonaachaw. Such periods often haveno fixed referent in time as it is ordi-narily construed by Euroamericanscholarship.26 To the Cahuilla, theirancestors simply emerged from thelower world at the beginning of hu-man life on earth, whenever that mayhave been. A Trukese traditional au-thority will typically say simply thatSowukachaw came to Truk "noomwnoomw noomw" (long, long ago). It isusually fruitless, and of little or no rel-evance to the eligibility of the prop-erty involved for inclusion in the Na-tional Register, to try to relate this sortof traditional time to time as mea-sured by Euroamerican history. Tra-ditional "periods" should be definedin their own terms. If a traditionalgroup says a property was created atthe dawn of time, this should be re-ported in the nomination or eligibilitydocumentation; for purposes of Na-tional Register eligibility there is noneed to try to establish whether, ac-cording to Euroamerican scholarshipor radiocarbon age determination, itreally was created at the dawn oftime.

The second period that is often rel-evant to a traditional property is itsperiod of use for traditional purposes.Although direct, physical evidence forsuch use at particular periods in thepast may be rare in the case of proper-ties used by native American groups,it is usually possible to fix a period ofuse, at least in part, in ordinary chro-nological time. Establishing the pe-riod of use often involves the weigh-ing of indirect evidence and inference.Interviews with traditional culturalauthorities are usually the mainsources of data, sometimes, supple-mented by the study of historical ac-counts or by archeological investiga-tions. Based on such sources of data itshould be possible at least to reachsupportable inferences about whethergenerations before the present onehave used a property for traditional

26 Except, perhaps, by some of the moreesoteric subfields of cosmology and quantummechanics.

purposes, suggesting that it was usedfor such purposes more than fiftyyears ago. It is seldom possible to de-termined when the traditional use ofproperty began, however—this tendsto be lost, as it were, in the mists ofantiquity.

BOUNDARIES

Defining the boundaries of a tradi-tional cultural property can presentconsiderable problems. In the case ofthe Helkau Historic District in north-ern California, for example, much ofthe significance of the property in theeyes of its traditional users is relatedto the fact that it is quiet, and that ispresents extensive views of naturallandscape without modern intrusions.

These factors are crucial to themedicine making done by traditionalreligious practitioners in the district.If the boundaries of the district weredefined on the basis of these factors,however, the district would take in asubstantial portion of California'sNorth coast Range. Practically speak-ing, the boundaries of a property likethe Helkau District must be definedmore narrowly, even though this mayinvolve making some rather arbitrarydecisions. In the case of the HelkauDistrict, the boundary was finallydrawn along topographic lines thatincluded all the locations at which tra-ditional practitioners carry out medi-cine-making and similar activities, thetravel routes between such locations,and the immediate viewshed sur-round this complex of locations androutes.

In defining boundaries, the tradi-tional uses to which the property isput must be carefully considered. Forexample, where a property is used asthe Helkau District is used, for con-templative purposes, viewsheds areimportant and must be considered inboundary definition. In an urban dis-trict significant for its association witha given social group, boundariesmight be established where residenceor use by the group ends, or wheresuch residence or use is no longer re-flected in the architecture or spatialorganization of the neighborhood.Changes in boundaries through timeshould also be taken into consider-ation.

For example, archeological evi-dence may indicate that a particularcultural practice occurred within par-ticular boundaries in the past, but thepractice today may occur within dif-

20

ferent boundaries perhaps larger, per-haps smaller, perhaps covering differ-ent areas. The fact that such changeshave taken place, and the reasons theyhave taken place, if these can be ascer-tained, should be documented andconsidered in developing a rationalefor the boundaries identified in thenomination or eligibility documenta-tion.

DESCRIBING THE SETTING

The fact that the boundaries of atraditional cultural property may bedrawn more narrowly than theywould be if they included all signifi-cant viewsheds or lands on which

noise might be intrusive on the prac-tices that make the property signifi-cant does not mean that visual or au-ditory intrusions occurring outsidethe boundaries can be ignored. In thecontext of eligibility determination ornomination, such intrusions if severeenough may compromise theproperty's integrity. In planning sub-sequent to nomination or eligibilitydetermination, the Advisory Council'sregulations define "isolation of theproperty from or alteration of thecharacter of the property's setting" asan adverse effect "when that charactercontributes to the property's qualifica-tion for the National Register" (36CFR 800.9(b)(2)). Similarly, the

Council's regulations define as ad-verse effects "introduction of visual,audible, or atmospheric elements thatare out of character with the propertyor alter its setting" (36 CFR 800.9

To assist in determining whether agiven activity outside the boundariesof a traditional cultural property mayconstitute an adverse effect, it is vitalthat the nomination form or eligibilitydocumentation discuss those qualitiesof a property's visual, auditory, andatmospheric setting that contribute toits significance, including those quali-ties whose expression extends beyondthe boundaries of the property as suchinto the surrounding environment.

Individual structures can have traditional cultural significance, like this Yapese men's house, used by Yapese today in the conduct ofdeliberations on matters of cultural importance. (Yap State Historic Preservation Office)

21

COMPLETINGREGISTRATIONFORMS

The following discussion is orga-nized with reference to the NationalRegister of Historic Places Registra-tion Form (NPS 10-900), which mustbe used in nominating properties tothe National Register. To the extentfeasible, documentation supporting arequest for a determination of eligibil-ity should be organized with refer-ence to, and if possible using, the Reg-istration Form as well. Where the in-structions given in the National Regis-ter bulletin entitled How to Completethe National Register Registration Form,are sufficient without further discus-sion, this is indicated.

1. Name of PropertyThe name given a traditional culturalproperty by its traditional usersshould be entered as its historicname. Names, inventory referencenumbers, and other designations as-cribed to the property by othersshould be entered under other names/site number.

2. LocationFollow How to Complete the NationalRegister Registration Form, but notediscussion of the problem of confiden-tiality above.

3. ClassificationFollow How to Complete the NationalRegister Registration Form.

4. State/Federal Agency CertificationFollow How to Complete the NationalRegister Registration Form.

5. National Park Service CertificationTo be completed by National Register.

6. Function or UseFollow How to Complete the NationalRegister Registration Form.

7. DescriptionFollow How to Complete the NationalRegister Registration Form as appli-cable. It may be appropriate to ad-dress both visible and non-visible as-pects of the property here, as dis-cussed under General Considerationsabove; alternatively, non-visible as-pects of the property may be dis-cussed in the statement of signifi-cance.

8. Statement of SignificanceFollow How to Complete the NationalRegister Registration Form, being care-ful to address significance with sensi-tivity for the viewpoints of those whoascribe traditional culturalsignificance to the property.

9. Major Bibliographical ReferencesFollow How to Complete the NationalRegister Registration Form. Where oralsources have been employed, appenda list of those consulted and identifythe locations where field notes, audioor video tapes, or other records of in-terviews are housed, unless consult-ants have required that this informa-tion be kept confidential; if this is thecase, it should be so indicated in thedocumentation.

10. Geographical DataFollow How to Complete the NationalRegister Registration Form as appli-cable, but note the discussion ofboundaries and setting under GeneralConsiderations above. If it is neces-sary to discuss the setting of the prop-erty in detail, this discussion shouldbe appended as accompanying docu-mentation and referenced in this sec-tion.

11. Form Prepared ByFollow How to Complete the NationalRegister Registration Form.

Accompanying DocumentationFollow How to Complete the NationalRegister Registration Form, except thatif the group that ascribes cultural sig-nificance to the property objects to theinclusion of photographs, photo-graphs need not be included. If pho-tographs are not included, provide astatement explaining the reason fortheir exclusion.

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VI. CONCLUSION

The National Historic PreservationAct, in its introductory section, estab-lishes that "the historical and culturalfoundations of the Nation should bepreserved as a living part of our com-munity life in order to give a sense oforientation to the American people"27

(16U.S.C470(b)(2)). The culturalfoundations of America's ethnic andsocial groups, be they Native Ameri-can or historical immigrant, merit rec-

ognition and preservation, particu-larly where the properties that repre-sent them can continue to function asliving parts of the communities thatascribe cultural value to them. Manysuch properties have been included inthe National Register, and many oth-ers have been formally determinedeligible for inclusion, or regarded assuch for purposes of review under 106of the Act. Federal agencies, State

Historic Preservation Officers, andothers who are involved in the inclu-sion of such properties in the Register,or in their recognition as eligible forinclusion, have raised a number of im-portant questions about how to distin-guish between traditional culturalproperties that are eligible for inclu-sion in the Register and those that arenot. It is our hope that this Bulletinwill help answer such questions.

716U.S.C. 470(b)(2).

23

VII. RECOMMENDEDBIBLIOGRAPHY ANDSOURCES

FEDERAL STANDARDS ANDGUIDELINES

Advisory Council on Historic Preser-vation and National Park Service1988 Identification of HistoricProperties: a Decision making Guidefor Managers. ACHP, Washington,DC.

Advisory Council on Historic Preser-vation1989 Public Participation in Section106 Review: a Guide for AgencyOfficials. ACHP, Washington, DC.

National Park Service1983 Archeology and HistoricPreservation; Secretary of theInterior's Standards and Guidelines.48 FR 44716-42.

National Park Service1988 The Section 110 Guidelines:Guidelines for Federal Agency Respon-sibilities Under Section 110 of theNational Historic Preservation Act. 53FR 4727-46.

National Park Service

National Register bulletins:

How to Apply the National RegisterCriteria for Evaluation

How to Complete the National RegisterRegistration Form

Guidelines for Restricting InformationAbout Historic and PrehistoricResources

PROFESSIONALTECHNICAL MANUALS

Bartis, P.1979 Folklife and Fieldwork. Ameri-can Folklife Center, Library ofCongress, Washington, DC.

Langanese, L.L. and Celya Frank1981 Lives: an AnthropologicalApproach to Biography. Navato.Chandler and Sharp, Inc.

Stoffle, R.W., M.C. Jake, MJ. Evansand P.A. Bunte1981 Establishing Native AmericanConcerns in Social Impact Assess-ments. Social Impact Assessment65/66:3-10, New York.

Werner, O. and M. Schoepfle1987 Systematic Fieldwork, VolumesI and II. Sage Publications.

EXAMPLES

Bean, Lowell J. and Sylvia B. Vane(eds.)1978 Persistence and Power: A Studyof Native American Peoples in theSonoran Desert and the Devers-PaloVerde High Voltage TransmissionLine. Report prepared by CulturalSystems Research, Inc., MenloPark, CA for Southern CaliforniaEdison Company, Rosemead, CA.

Bean, Lowell J. and Sylvia B. Vane(eds.)1979 Native Americans of WesternRiverside County, California and theDevers-Mira Loma 500 kV Transmis-sion Line Route (Lamb Canyon-MiraLoma Section). Report prepared byCultural Systems Research, Inc.,Menlo Park, CA, for SouthernCalifornia Edison Company,Rosemead, CA.

Bean, Lowell J. and Sylvia B. Vane(eds.)1979 Allen-Warner Valley EnergySystem: Western Transmission SystemEthnographic and Historical Re-sources. Report prepared byCultural Systems Research Inc.,Menlo Park, CA, for SouthernCalifornia Edison Company,Rosemead, CA.

Bean, Lowell J., Sylvia B. Vane,Michael Lerch and Jackson Young1981 Native American Places in theSan Bernardino National Forest, SanBernardino and Riverside Counties,California. Report prepared byCultural Systems Research, Inc.,Menlo Park, CA, for the USDAForest Service, South Zone Con-tracting Office, Arcadia, CA(Contract No. 539JA9-0-212).

Carroll, Charles H.1982 An Ethnographic Investigationof Sites and Locations of CulturalSignificance to the Navajo People to beAffected by PNM's Four Corners toAmbrosia to Pajarito 500 kV Trans-mission Project. Public ServiceCompany of New Mexico, Albu-querque.

Carroll, Charles H.1983 The Ute Mountain EthnographicStudy. Public Service Company ofNew Mexico, Albuquerque.

Carter, T. and C. Fleischhauer1988 The Grouse Creek CulturalSurvey: Integrating Folklife andHistoric Preservation Field Research.American Folklife Center, Libraryof Congress, Washington, DC.

Goldberg, S.K. and D.J. Theodoratus1985 Cultural Resources of the CraneValley Hydroelectric Project Area,Madera County, California. Volume I:Ethnographic, Historic, and Archaeo-logical Overviews and ArchaeologicalSurvey. Report prepared by Info tecResearch, Sonora CA, andTheodoratus Cultural Research,Fair Oaks, CA, for the Pacific Gasand Electric Company, San Fran-cisco, CA.

24

Hufford M.1986 One Space, Many Places:Folklife and Land Use in New Jersey'sPinelands National Reserve. Ameri-can Folklife Center, Library ofCongress, Washington, DC

Johnston, James and Elizabeth Budy1983 Lost Creek Canyon NativeAmerican Sites. National Registerof Historic Places EligibilityEvaluation. Manuscript. USDAForest Service, Lassen NationalForest, CA.

McCarthy, H. C. Blount, E. McKeeand D.J. Theodoratus1985 Ethnographic and HistoricSurvey for the Big Creek ExpansionProject. Report prepared byTheodoratus Cultural Research,Fair Oaks, CA, for SouthernCalifornia Edison Company,Rosemead, CA.

National Park Service1985 Promised Land on the Solomon:Black Settlement at Nicodemus,Kansas. National Park Service,Rocky Mountain Region. U.S.Government Printing Office,Washington, DC.

Stoffle, Richard W. and Henry EDobyns (eds.)1982 Nuvagantu. Nevada IndiansComment on the Intermountain PowerProject, Utah Section. Intermoun-tain-Adelanto Bipole 1 Transmis-sion Line. Ethnographic (NativeAmerican) Resources. Reportsubmitted by the Applied UrbanField School, University of Wiscon-sin, Parkside, Kenosha, WI, toApplied Conservation Technology,Inc.

Stoffle, Richard W. and Henry E.Dobyns (eds.)1983 PauxantTuvip. Utah IndiansComment on the Intermountain PowerProject, Utah Section. Intermoun-tain-Adelanto Bipole I Transmis-sion Line. Ethnographic (NativeAmerican) Resources. Reportsubmitted by the Applied UrbanField School, University of Wiscon-sin, Parkside, Kenosha, WI, toApplied Conservation Technology,Inc.

Stoffle, Richard W., et al.1984 Toyavita Piavuhuru Koroin:Ethnohistory and Native AmericanReligious Concerns in the FortCarson-Pinon Canyon ManeuverArea. Report submitted by theApplied Urban Field School,University of Wisconsin, Parkside,

Kenosha, WI, to the National ParkService.

Theodoratus Cultural Research, Inc./Archaeological Consulting andResearch Services, Inc.1984 Cultural Resources Overview ofthe Southern Sierra Nevada: AnEthnographic,Linguistic, Archaeologi-cal and Historical Study of the SierraNational Forest, Sequoia NationalForest, and Bakersfield District of theBureau of Land Management. Reportto the U.S. Department of Agricul-ture, Forest Service, South CentralContracting Office, Bishop CA.

Theodoratus, D.J., CM. Blount,A.L. Hurtado, P.N. Hawkes andM.Ashman1978 Balsam Meadow CulturalResource Study: Ethnology andHistory. Report prepared byTheodoratus Cultural Research,Fair Oaks, CA, for SouthernCalifornia Edison Company,Rosemead, CA.

Theodoratus, D.J. et al.1979 Cultural Resources of theChimney Rock Section, Gasquet-Orleans Road, Six Rivers NationalForest. Report prepared byTheodoratus Cultural Research,Fair Oaks, CA, for USDA ForestService.

Theodoratus, D.J.1982 Ethnographic Cultural Re-sources Investigation of the Big Creek-Springville-Magunden and Big Creek-Rector-Vest al-Magunden Transmis-sion Corridors. Report prepared byTheodoratus Cultural Research,Fair Oaks, CA, for SouthernCalifornia Edison Company,Rosemead, CA.

Woods CM.1982 APS/SDG&E InterconnectionProject Native American CulturalResources: Miguel to the ColoradoRiver and Miguel to Mission Tap.Report prepared by Wirth Associ-ates, Inc., San Diego, CA, for SanDiego Gas and Electric Company,San Diego, CA.

York, Frederick F.1981 An Ethnographic Survey of thePublic Service Company of NewMexico's Proposed New Town Site andIts Environs. Human Environmen-tal Resource Services Corporation,Anthropological Series Number 1,Albuquerque.

OTHER

Association on American IndianAffairs1988 American Indian ReligiousFreedom. Special Supplement toIndian Affairs, Number 116, NewYork, NY

Loomis, O.H.1983 Cultural Conservation: theProtection of Cultural Heritage in theUnited States. American FolklifeCenter, Library of Congress,Washington, DC

Michaelson, Robert S.1986 American Indian ReligiousFreedom Litigation: Promise and Peril.Journal of Law and Religion 3:47-76.

U.S. Commission on Civil Rights1983 Religion in the Constitution:A Delicate Balance. ClearinghousePublication No. 80, U.S. Commis-sion on Civil Rights, Washington,DC

U.S. Department of the Interior1979 American Indian ReligiousFreedom Act: Federal Agencies TaskForce Report. Washington, DC.

Walker, Deward E., Jr.1987 Protection of American IndianSacred Geography: Toward a Func-tional Understanding of IndianReligion Focusing on a ProtectiveStandard of Integrity. Paper pre-sented at the Workshop on SacredGeography, Harvard Center for theStudy of World Religions, May 5-6,Cambridge, MA.

White, D.R.M. (ed.)1982 Proceedings of the First NationalConference of the Task Force onCultural Resource Management.Edison Electric Institute, Washing-ton, DC.

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VIII. APPENDIX I

A DEFINITION OF"CULTURE"

Early in this Bulletin a shorthanddefinition of the word "culture" isused. A longer and somewhat morecomplex definition is used in the Na-tional Park Service's internal culturalresource management guidelines(NPS-28). This definition is consistent

with that used in this Bulletin, andmay be helpful to those who requirefurther elucidation of the term. Thedefinition reads as follows:

"Culture (is) a system of behaviors,values, ideologies, and social arrange-ments. These features, in addition totools and expressive elements such asgraphic arts, help humans interprettheir universe as well as deal with fea-tures of their environments, naturaland social.

Culture is learned, transmitted in asocial context, and modifiable. Syn-onyms for culture include "lifeways,""customs," "traditions," "social prac-tices," and "folkways." The terms "folkculture" and "folklife" might be usedto describe aspects of the system thatare unwritten, learned without formalinstruction, and deal with expressiveelements such as dance, song, musicand graphic arts as well asstorytelling."

26

IX. APPENDIX IIPROFESSIONALQUALIFICATIONS:ETHNOGRAPHY

When seeking assistance in theidentification, evaluation, and man-agement of traditional cultural prop-erties, agencies should normally seekout specialists with ethnographic re-search training, typically including,but not necessarily limited to:

I. Language skills: it is usuallyextremely important to talk in theirown language with those who mayascribe value to traditional culturalproperties. While ethnographicfieldwork can be done throughinterpreters, ability in the locallanguage is always preferable.

II. Interview skills, for example:• The ability to approach a potential

informant in his or her own cul-tural environment, explain and ifnecessary defend one's research,conduct an interview and mini-mize disruption, elicit requiredinformation, and disengage fromthe interview in an appropriatemanner so that further interviewsare welcome; and

• The ability to create and conductthose types of interviews that areappropriate to the study beingcarried out, ensuring that thequestions asked are meaningful tothose being interviewed, and thatanswers are correctly understoodthrough the use of such techniquesas translating and back-translating.Types of interviews normallycarried out by ethnographers, oneor more of which may be appropri-ate during evaluation and docu-mentation of a traditional culturalproperty, include:

• semi-structured interview on abroad topic;

• semi-structured interview on anarrow topic;

• structured interview on a welldefined specific topic; open endedlife history/life cycle interview;and

• genealogical interview.

III. Skill in making and accuratelyrecording direct observations ofhuman behavior, typically includ-ing:

• The ability to observe and recordindividual and group behavior insuch a way as to discern meaning-ful patterns; and

• The ability to observe and recordthe physical environment in whichbehavior takes place, via photogra-phy, mapmaking, and writtendescription.

IV. Skill in recording, coding, andretrieving pertinent data derivedfrom analysis of textural materials,archives, direct observation, andinterviews.Proficiency in such skills is usuallyobtained through graduate andpost-graduate training and super-vised experience in cultural anthro-pology and related disciplines,such as folklore/folklife.

27

X. APPENDIX III LIST OFNATIONAL REGISTERBULLETINSThe Basics

How to Apply National Register Criteria for Evaluation *

Guidelines for Completing National Register of Historic Places FormPart A: How to Complete the National Register Form *Part B: How to Complete the National Register Multiple Property Documentation Form

Researching a Historic Property *

Property Types

Guidelines for Evaluating and Documenting Historic Aids to Navigation *

Guidelines for Identifying, Evaluating and Registering America's Historic Battlefields

Guidelines for Evaluating and Registering Historical Archeological Sites

Guidelines for Evaluating and Registering Cemeteries and Burial Places

How to Evaluate and Nominate Designed Historic Landscapes *

Guidelines for Identifying, Evaluating and Registering Historic Mining Sites

How to Apply National Register Criteria to Post Offices *

Guidelines for Evaluating and Documenting Properties Associated with Significant Persons

Guidelines for Evaluating and Documenting Properties That Have Achieved Significance Within the Last Fifty Years

Guidelines for Evaluating and Documenting Rural Historic Landscapes *

Guidelines for Evaluating and Documenting Traditional Cultural Properties *

Nominating Historic Vessels and Shipwrecks to the National Register of Historic Places

Technical Assistance

Contribution of Moved Buildings to Historic Districts; Tax Treatments for Moved Buildings; and Use of NominationDocumentation in the Part I Certification Process

Defining Boundaries for National Register Properties*

Guidelines for Local Surveys: A Basis for Preservation Planning *

How to Improve the Quality of Photographs for National Register Nominations

National Register Casebook: Examples of Documentation *

Using the UTM Grid System to Record Historic Sites

The above publications may be obtained by writing to the National Register of Historic Places, National Park Service,1849 C Street, NW, Washington, D.C. 20240. Publications marked with an asterisk (*) are also available in electronicform on the World Wide Web at www.cr.nps.gov/nr, or send your request by e-mail to [email protected].

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