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NATIONAL REGISTER
BULLETIN
V28 1989
LEMSON
MBRARY
' FEDERAL 1
PUBUCWdQllcal information on comprehensive planning, survey of cultural resources, and registration in
the National Register of Historic Places.
U.S. Department of the Interior
National Park Service
Interagency Resources Division
Clemson Universit
3 1604 014 799 425
•V.V£^
Figure 1. This privately-owned farm in Kentucky rests over what was, until recently, an intact prehistoric Indian village site. The site was systematically looted
by relic hunters, destroying much of its archeological value. Artifacts from such sites are sold to collectors for hundreds, sometimes thousands, of dollars, creating
a strong financial incentive for raiding cultural resources. (Kenny Barkley, Union County [KY] Advocate)
GUIDELINES FOR RESTRICTING INFORMATION ABOUT
HISTORIC AND PREHISTORIC RESOURCES
INTRODUCTION
Information about historic and
prehistoric resources in the National
Register of Historic Places and in
Federal, State, and local government
inventories is part of the public
record and is usually made available
to all who are interested. It is
sometimes necessary, however, to
withhold information from the public
about the location and character of
certain resources to protect them and
their setting. Cultural resources are
often fragile, and their value as a
physical representation of the past
and as a source of information about
human activities can easily be
destroyed by theft, vandalism, and
unauthorized public visitation.
This bulletin provides guidance for
determining which resources should
have information restricted from
general distribution. The guidelines
presented here generally refer to
National Register listings and
nominations, but they also apply to
resources in Federal and federally-
assisted inventories.
LEGAL AUTHORITY
Section 304 of the National Historic
Preservation Act (NHPA), as
amended, and Section 9(a) of the
Archaeological Resources Protection
Act (ARPA) of 1979 provide the
legal authority to restrict information
about endangered resources.
Section 304 of the National Historic
Preservation Act
The head of any Federal agency,
after consultation with the Secretary [of
the Interior], shall withhold from
disclosure to the public, information
relating to the location or character of
historic resources whenever the head of
the agency or the Secretary determines
that the disclosure of such information
may create a substantial risk of hartn,
theft, or destruction to such resources
or to the area or place where such
resources are located.
Section 9(a) of the Archaeological
Resources Protection Act
Information concerning the nature
and location of any archaeological
resource for which the excavation or
removal requires a permit or other
permission under this Act or under any
other provision of Federal law may not
be made available to the public under
subchapter II of chapter 5 of title 5 of
the United States Code or under any
other provision of law unless the
Federal land manager concerned
determines that such disclosure would
further the purposes of this Act or the
Act of June 27, 1960 (16 U.S.C. 469-
469c) and not create a risk of harm to
such resources or to the site at which
such resources are located.
SYNOPSIS
The legal authority for restricting information is provided by:
* Section 304 of the National Historic Preservation Act and
* Section 9(a) of the Archaeological Resources Protection
Act
Information can be restricted if its publication is likely to:
* endanger the resource,
* worsen existing damage,
* endanger the resource's setting or
* cause the desecration of a site used in traditional
cultural practices.
To restrict information on National Register forms:
* check the "Not for Publication " box,
* briefly describe the reason for the restriction,
* specify what information is to be restricted, and
* compile the restricted information on a separate
Continuation Sheet.
Restricted information will be:
* excluded from NPS publications,
* excluded from reproductions of the National Register
form, and
* made inaccessible to data base users and visiting
researchers, except under certain circumstances.
Application of NHPA and ARPA to
the National Register
The National Park Service, in
applying NHPA and ARPA to its
administration of the National
Register of Historic Places, will not
make public any information
revealing the location or character of
historic or archeological resources if
it is likely that this would open the
resources or their settings to a
substantial risk of harm, theft, or
destruction. The National Register
regulations (36 CFR 60) also provide
that Federal or State nominating
authorities need not reveal the
specific location or character of a
resource listed in or being nominated
to the National Register if disclosing
this information would endanger the
resource.
This bulletin was developed by John Knoerl, archeologist, National Register Branch, Diane Miller, Chief, Information
Management Unit, and Rebecca H. Shrimpton, consulting historian, National Park Service. It was edited by Rebecca H.
Shrimpton. The text was given technical and policy review by Lars Hanslin, attorney, Department of the Interior Solicitor's
Office, Carol D. Shull, Chief of Registration, National Register Branch, and Lawrence E. Aten, Chief, Interagency Resources
Division. We are indebted to the many preservation professionals who reviewed the drafts and offered their assistance.
Figure 2. This Utah cliff-dwelling is one of the largest in the southwest, containing as many as 200 rooms, and is important for its potential to re\'eal information
about early Native American culture. It is being threatened with destruction, however, by relic hunters, hikers climbing on the walls, and vandals who have painted
graffiti near pictographs on the cliff face. (Marc Gaede, Museum of Northern Arizona)
Application of NHPA and ARPA to
Other Inventories
The authority to restrict
information about historic and
archeological resources applies to
inventories that receive Federal
assistance under the authority of the
NHPA or Executive Order 11593.
Such inventories include the survey
and inventory data of all State
Historic Preservation Offices, Federal
agencies, and Certified Local
Governments. Administrators of
Federal and federally-assisted State
and local inventories should use the
guidelines below to establish
procedures for limiting access to
information on endangered resources.
The NPS recommends that all survey
and inventory forms include a place
to indicate that the location or
character of a resource should be
restricted and an explanation for the
restriction.
GUIDELINES FOR RESTRICTING
INFORMATION
Definitions
NHPA and ARPA authorize the
restriction of information about both
a resource's location and its character
or nature. "Location" refers to any
information that specifically places a
resource in its geographic setting,
including street addresses, highway
and route numbers, Universal
Transverse Mercator (UTM)
coordinates, and descriptions of the
resource's position in relation to local
landmarks or natural features.
"Character" and "nature" refer to the
physical features, setting, and
contents of a resource, such as
archeological artifacts or architectural
ornamentation, that could attract
theft and vandalism. Nominators to
the National Register may request
that the NPS withhold information
about a resource's location, or they
may request that, in addition to
location, particular elements of the
resource's character be withheld.
Which Resources Should Be
Restricted
The following is a list of conditions
in which a resource's location and/or
character should be restricted.
1. The resource is likely to be damaged
or destroyed if its location and/or
character is published.
2. The resource has already been
damaged by looting or vandalism, and
there is reason to believe that such
damage would recur.
3. The resource is used in traditional
cultural practices, such as those by
Native Americans and Pacific
Islanders, and disclosure would likely
result in a desecration of the property.
4. Aside from the resource itself, the
place on which the resource is situated
has been or is likely to be harmed by
disclosure of its location and/or
character.
If none of the conditions listed
above are applicable to a resource
then its location and character will
not be restricted by the National Park
Service and should not be restricted
in Federal or federally-assisted State
and local inventories. (See the
Appendix for examples of specific
situations in which information
should be restricted.)
How to Restrict Information on a
National Register Form
To restrict information on the
location or the location and character
of a resource, place an "X" in the
"Not for Publication" box in the
Location Section of the National
Register standard registration form.
Figure 3. Ranger Burchick, National Park
Service, and Officer Walters, U.S. Park Police,
are seen here with the sifter screen used by a
relic hunter, known as the "Green Mole," to
raid a federally-owned archeological site in
Washington, DC. The site consists of the ruins
of a house built c.1790, and, until destroyed by
the "Green Mole," it contained artifacts
representing at least 130 years of occupation.
In the foreground can be seen the dirt pile and
rejected artifacts left by the relic hunter.
(Stephen R. Potter, National Park Service)
Figure 4. These Civil War artifacts were confiscated from a relic hunter caught using a metal detector
in a National Historical Park. They are just a sampling of over 60 pounds of artifacts the collector was
hauling out of the park in a backpack. Consisting of bullets and small pieces of soldiers' equipment,
they illustrate the seemingly unlikely types of artifacts that are both appealing to collectors and important
to trained researchers. (Stephen R. Potter, National Park Service)
At the beginning of the Description
Section briefly explain the reason for
the restriction, including the nature of
the threat, and specify what, if any,
information about character is to be
restricted in addition to location.
These procedures apply to both
nominations and determinations of
eligibility submitted on standard
registration forms. Determinations of
eligibility that are not submitted on
standard registration forms should
include the phrase "Not for
Publication" near the resource's
address. An explanation of the
restriction and whether it applies to
character as well as location should
be included in the resource's
description.
When preparing National Register
forms, bear in mind that all
references to sensitive information
will be omitted from reproductions,
including photocopies and microfiche.
Information intended to be restricted
should be compiled on a separate
Continuation Sheet. Addresses and
specific locations should also not
appear in the Resource Name (for
example, "House at 604 Main St.")
since the Resource Name must be
published in the Federal Register.
Following these suggestions will not
only make it simpler and quicker to
exclude restricted information from
reproductions, but it will ensure that
all the appropriate, and only the
appropriate, information is withheld
from general distribution.
Information Restricted by the Keeper
of the National Register
In practice, most information
restrictions for National Register
documentation are initiated by the
nominating authority. The Keeper of
the National Register, however, can
restrict information under the
conditions listed above, even if the
nominating authority has not checked
"Not for Publication" on the
registration form. This policy applies
to all National Register
documentation, including that
recorded on pre- 1974 registration
forms, which did not have "Not for
Publication" indicators. For all
incoming nominations, the
nominating authority will be notified
of the Keeper's decision to restrict
information before the resource is
listed in the National Register, by
means of a Supplementary Listing
Record.
EFFECTS OF RESTRICTING
INFORMATION
If National Register documentation
is classified as "Restricted,"
information on location and/or
character (as applicable) will be:
* Excluded from NPS publications;
* Excluded from reproductions of the
registration form; and
* Made inaccessible to users of the
National Register Information
System and to visiting researchers,
except under the conditions outlined
below.
As previously mentioned, all
references to restricted information
contained anywhere in National
Register documentation, including
text, maps, UTM coordinates, and
photographs, are subject to the
restrictions listed above. If restricted
information is compiled by the
nominating authority on a separate
Continuation Sheet, then the National
Park Service staff will be able to
control the information much more
effectively.
HOW TO RELEASE RESTRICTED
INFORMATION
Restricted information may be
released for the following purposes:
* Evaluation of government agency
actions affecting the resource,
* Protection of the resource, and
* Scholarly research.
To gain access to restricted
National Register information, submit
a request to the Keeper of the
National Register or to the
nominating authority. When making
this request, indicate how the
information will be used and kept
secure. If the information is to be
used for one of the purposes listed
above and its release is not likely to
endanger the resource, then the
requested information will be
released. The Keeper of the National
Register will usually make a decision
about releasing information only after
consulting with the relevant State or
Federal Historic Preservation Officer.
Federal or State agencies wishing
to reveal or deny access to restricted
information from National Register
nominations initiated by another
agency should first consult the
original nominating authority and
keep a record of the consultation. If
there is disagreement between
agencies or between an agency and
another party about releasing or
withholding information from
National Register nominations or
documentation in inventories, the
matter should be referred to the
Keeper of the National Register for
an opinion.
The National Park Service will
cooperate with Federal land
managers by consulting with them
and the appropriate Federal
Preservation Officers before
responding to requests for the
location of archeological sites subject
to Section 9(a) of ARPA. The heads
of Federal agencies wishing to consult
with the Secretary of the Interior
pursuant to Section 304 of NHPA
should contact the Keeper of the
National Register.
Figure 5. These walrus skulls and whale mandible arches are part of a nationally-significant Alaskan
archeological site, which has been critical to understanding prehistoric Eskimo cultures. The site has
been looted for its valuable ivory to such an extent that it lost its designation as a National Historic
Landmark. It is estimated that as much as 80 to 90% of the subsurface deposits have been disturbed
by ivory hunters. (Susan Morton, National Park Sendee)
APPENDIX
Examples of Situations in Which Information Should Be Restricted:
EXAMPLE 1: Site 12-FG-343 is a
Chacoan outlier in pristine condition
containing kivas, block rooms, storage
rooms with whole ceramic vessels,
obsidian projectile points, and other
exotic artifacts. Commercial
pothunters are active in the area, but
there is no evidence that they are
aware of the site's existence.
The excellent condition and exotic
artifacts make this site appealing to
pothunters. The site's location and
contents should remain unknown to
the public.
Condition #i applies.*
EXAMPLE 2: A group of Civil War
shipwrecks sunk off the Carolina
coast contains important examples of
both merchant vessels used for
blockade running and naval warships.
The ships have remained largely
untouched because most of them are
completely submerged and difficult to
reach.
Most of the sites' damage has been
caused by natural decay and water
currents. The increasing popularity
of sport diving, however, is likely to
spread knowledge of the ships'
existence and heighten the risk of
disturbance.
Condition #7 applies.
EXAMPLE 3: Site 34-KC-119 has
been known to local collectors for
many years and has been surface
collected since the area was first
cultivated in the early 1800s. The
collectors have been mainly interested
in projectile points for their private
collections. The owner of the
property gives permission to collect
only during the spring before the
crops are planted.
The site is considered significant
for its extensive carbonized faunal
and floral remains, which have not
been disturbed by the surface
collection. Continued surface
collection will, however, remove the
remaining projectile points which,
through their association with dated
material, could become diagnostic
artifacts to help date related sites
with similar points. Surface
collection should be discouraged by
restricting information about the site.
Condition #2 applies.
EXAMPLE 4: Magnolia Hill is an
antebellum plantation house which
was used as an encampment by
General Sherman and his troops
during their "March to the Sea." It is
vacant and in an isolated area and
has been subject to vandalism.
Despite the damage caused by
neglect and vandals, the house is still
in fair condition and retains much of
its original architectural
ornamentation. These surviving
features require the protection of an
information restriction.
Condition #2 applies.
EXAMPLE 5: The Pa'Haea is an
isolated site containing temple
platforms, hunting shrines, wall
alignments, and agricultural terraces.
The native elders consider the site
sacred, and offerings can still be
found.
Releasing information about the
site would attract visitors, who would
disturb private ceremonies and
increase the risk of desecration to the
grounds and relics.
Condition #3 applies.
EXAMPLE 6: The site of an
important gold discovery contains the
ruins of early mining equipment. It is
on agricultural land that is fenced to
protect the crop from wild animals.
If the location of the site and the
nature of some of the remains
became known, the site, the fence,
and the crops probably would be
damaged by unauthorized visitors.
Conditions #7 and #4 apply.
EXAMPLE 7: Benson House is an
early 20th century private house in an
old urban residential area. The
house has fine interior and exterior
features, including elaborate stone
carvings and stained glass panels, and
contains a large collection of
antiques.
The risk of burglary, already
prevalent in the neighborhood, would
be increased by the publication of the
house's address and description of its
contents and architectural features.
Conditions #1 and #4 apply.
EXAMPLE 8: Pictographs in a cave
are well protected by a locked iron
gate at the cave's entrance. The cave
is located five kilometers from the
nearest public road. The owner
believes that publication of the cave's
location will increase trespassing in
off-road vehicles.
Although the pictographs are
protected, there is a likelihood of
landscape damage by off-road
vehicles.
Condition #4 applies.
*See pages 3 and 4 for list of Conditions.
SELECTED READING LIST
For further information on cultural resources and their protection, the following sources are recommended:
Government Regulations, Guidelines,
and Reports
Advisory Council on Historic
Preservation. Preparing Agreement
Documents. Draft. April 1988.
See Section VII.C.8(a).
Department of the Interior. National
Park Service. "Code of Federal
Regulations, Title 36, Part 60
(Interim Rules for the National
Register of Historic Places)."
Federal Register (1 November 1981)
vol. 46, no. 220. See p. 56191.
Department of the Interior. National
Park Service. "Guidelines for
Federal Agency Responsibilities,
Under Section 110 of the National
Historic Preservation Act." Federal
Register (17 February 1988) vol. 53,
no. 3. See p. 4738.
Department of the Interior. National
Park Service. "Secretary of the
Interior's Standards and Guidelines
for Archeology and Historic
Preservation." Federal Register (29
September 1983) vol. 48, no. 190.
See pp. 44725, 44728, 44729, 44737.
U.S. Congress. House. Committee
on Interior and Insular Affairs.
Subcommittee on General
Oversight and Investigation. The
Destruction of America's
Archeological Heritage: Looting and
Vandalism of Indian Archeological
Sites in the Four Corners States of
the Southwest. 100th Congress, 2d
session, 1988. Washington, DC:
GPO.
U.S. General Accounting Office.
Cultural Resources: Problems
Protecting and Preserving Federal
Archeological Resources. (Report
to Congressional Requesters)
Washington, DC: GPO, 1987.
U.S. General Accounting Office.
Comptroller General. Are Agencies
Doing Enough or Too Much for
Archeological Preservation?
Guidance Needed. (Report to the
Chairman, Committee on Interior
and Insular Affairs, House of
Representatives) Washington, DC:
GPO, 1981.
Periodicals
Arden, Harvey. "Who Owns Our
Past?" National Geographic (March
1989) vol. 175, no. 3, pp. 376-392.
Drake, Carol. "The Buried Don't
Rest in Peace." The Centre View
Magazine, 25 November 1987, pp.
19-20.
Fagan, Brian. "Black Day at Slack
Farm." Archaeology, July/August
1988, pp. 15-16, 73.
Friedman, B. Robert. "Digging Up
the U.S." American Heritage
(August/September 1983) vol. 34,
no. 5, pp. 35-47.
Goodwin, Derek V. "Raiders of the
Sacred Sites." New York Times
Magazine, 7 December 1986.
Robbins, Jim. "Raiders of the Lost
Art." Chicago Tribune Magazine,
10 August 1986, pp. 8-17.
Stuart, George E. "The Battle to
Save Our Past." National
Geographic (March 1989) vol. 175,
no. 3, pp. 392-393.
Wellborn, Stanley N., et al. "When
Greedy Collectors Plunder the
Past." US News & World Report, 4
March 1985, pp. 29-30.
National Register Bulletins
12 Definition of National Register
Boundaries for Archeological
Properties.
15 Guidelines for Applying the
National Register Criteria for
Evaluation.
16 Guidelines for Completing
National Register of Historic
Places Forms.
20 Nominating Historic Vessels and
Shipwrecks to the National
Register of Historic Places.
34 Evaluating and Nominating
Historic Aids to Navigation (in
preparation).
36 Historic Archeological Sites:
Guidelines for Evaluation (in
preparation).
38 Guidelines for the Evaluation
and Documentation of
Traditional Cultural Properties.
National Register Bulletins are
available by writing:
U.S. Department of the Interior
National Park Service
Interagency Resources Division (413)
P.O. Box 37127
Washington, DC 20013-7127
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