archaeology

Mission San Luis

National Endowment for the Humanities: Mission San Luis was awarded a grant of $1 million dollars as part of NEH’s We the People initiative ; of 36 challenge grant applicants from around the country, Mission San Luis was one of only 6 projects funded. We received the full amount request, and have 4 years to raise 3 million in matching funds for our endowment.

Apalachee Council House Reconstruction, August 2004

Building Reconstructions: Progress is being made on the reconstruction of the Apalachee Council House and the repairs to the Church. By the time of the FHC meeting thatching should have begun on the Council House. Plans are underway for repairs to the Convento & Cocina, reconstruction of the Apalachee Chief’s House, and construction of the fort complex.

Underwater Archaeology Program

1733 Shipwreck Study: The bureau’ s Underwater Archaeology Program has received a grant administered by the Florida Department of Environmental Protection for research and interpretation of the shipwrecks of the Spanish 1733 fleet, located in the Florida Keys.

BAR archaeologist Della Scott-Ireton mapping 1733 shipwreck ballast pile

Underwater program staff began fieldwork in early August and will continue until early October. The project involves mapping and documenting current condition of each wreck, development of NRHP nominations, and development of public access and interpretation. The National Park Service and Florida Keys National Marine Sanctuary have been involved in the project as well.

Treasure Hunting Issues: The State of Florida and the Division of Historical Resources have recently had several victories in a legal battle with a treasure hunting company known as Historical Recovery Specialists, Inc. (HRSI). In 2002 this company was awarded a federal court admiralty arrest granting certain salvage rights for a supposed shipwreck identified in Florida waters. The DHR position is that the federal Abandoned Shipwreck Act prohibits admiralty arrests against historic shipwrecks and that such wrecks are owned by the Division. DHR has denied several requests for an exploratio n/salvage contract made by HRSI—once in 2003 and again in May of this year. Assistant State Attorney Eric Taylor made a limited appearance in federal court and the state received a favorable ruling from a magistrate judge who presided over an injunctive action brought by HRSI. HRSI also has dropped its request for an administrative hearing challenging DHR’s denial of their most recent application for a salvage contract.

Miami Circle at Brickell Point

NPS Special Resource Study: The Division of Historical Resources, in a few weeks time, expects to enter into a Memorandum of Agreement (MOA) with the National Park Service to fund a Special Resource Study authorized by Congress and the President (Public Law 108-93). The Special Resource Study, to be conducted by the Secretary of the Interior through the National Park Service, will include analysis and recommendations with respect to including the Miami Circle as part of Biscayne National Park. The feasibility study will also assess other resources needed, if any, to administer the addition of Miami Circle to the park and the local impact that would result from the inclusion. Public Law 108-93 requires the Secretary of the Interior to submit a report to Congress detailing the findings and recommendations in the study.

The Miami Circle at Brickell Point site, August 2000

A component of the Special Resource Study includes assessing the national significance of the Miami Circle at Brickell Point site. The Florida Division of Historical Resources has prepared and submitted a National Historic Landmark theme study for Archaeological Sites Associated with the Tequesta and their Ancestors, including a National Historic Landmark nomination for the Miami Circle at Brickell Point. These documents were completed and forward to the National Park Service in May 2004.

The draft project design for the National Park Service Special Resource Study has identified a long list of stakeholders, including the tribes, governmental bodies, and non-profit organizations represented on the Miami Circle Planning Group. The future of the Miami Circle will be addressed in a series of public hearings involving all stakeholders. The Special Resource study will include public meetings, opinion surveys, specialized studies, as well as newsletter or web postings (see : http://www.flheritage.com/archaeology/projects/brickellpoint/ for updates).

The Florida Anthropologist, Miami Circle Special Issue: The March-June 2004 issue of The Florida Anthropologist contains seven articles detailing recent research on the Miami Circle at Brickell Point site. Articles include a report on excavations by archaeologist Randolph Widmer; a soils science study by John Gifford; analysis of bone and shell artifacts by Ryan Wheeler; analysis of chipped stone artifacts by Robert Austin; and a historical note by retired physician William Straight. The issue was prepared by Ryan Wheeler and Robert Carr, who are planning another issue for 2005 that will contain additional studies. The Florida Anthropologist is published quarterly by the Florida Anthropological Society, and is one of the oldest state archaeology journals in the Southeast, dating back to 1948.

La Punta Cemetery, St. Augustine

Beginning on July 6, the Bureau of Archaeological Research (BAR) has provided a full-time professional archaeologist to monitor construction activities at 11 Tremerton Street in St. Augustine, the site of the La Punta Cemetery, which was discovered several months ago by City of St. Augustine archaeologist Carl Halbirt. The developer, Michael Johnegan, has agreed to preserve the lot containing the cemetery and was approved by city to proceed with construction on the adjacent lots. The BAR monitor, working closely with the city and the developer, has helped define the limits of the cemetery and has reported that no intact burials have been discovered within the development area. David Dickel, Florida State Archaeologist, has contacted the Seminole and Miccosukee tribes requesting comment on plans to cap the cemetery site with clean fill and re-inter human remains disturbed by the original earth moving at the construction site.

La Punta Cemetery enclosed by fence, view to the northwest, July 2004

Marineland (8FL2)

Citizen reports of human remains exposed at the Marineland site (8FL2) in Flagler County have been featured in a number of newspaper accounts. State Archaeologist Dave Dickel has visited the site with archaeologist consultants Dana Ste. Claire and Robert Austin. The remains appear to be in disturbed contexts and the site is largely disturbed. Our office has implemented a protocol for reporting additional remains found by the consulting archaeologists (consistent with statute and rule) and plans to continue working closely with the archaeologist consultants who are conducting additional testing.

Conservation and Recreation Lands (CARL) Archaeological Program

During the 2003-2004 fiscal year, the CARL Archaeological Program completed five large inventory and assessment projects. These projects encompassed approximately 37,000 acres of state land. CARL field personnel also completed four damage assessments, one monitoring report, one salvage report, one site management and protection report, and one impact assessment report. These actions resulted in the documentation of 35 new cultural resources and the updating of site files for 23 resources.

Vandalism at the Enclave B site in Pasco County. BAR CARL Archaeologist Jim Dunbar documented recent looting following an arrest. The white areas in the open field are fresh holes and spoil left by looters.

CARL personnel also participated in several Acquisition and Restoration Council (ARC) meetings, ARC site visits, and public hearings related to the purchase, boundary amendments, and surplus and exchange of state lands. The numerous reports related to these duties and several specifically assigned project reports are not reflected below but were completed during the fiscal year. CARL personnel participated in three Archaeological Resource Management (ARM) training programs, were involved in the review of state management plans, and served on several federal and state advisory committees. Additionally, CARL staff was instrumental in the donation of a large artifact collection to the state, participated in many public outreach forums, and made several public presentations throughout the year.

Mound Key (8LL2) in Estero Bay is managed as part of Koreshan State Historic Site.

Hurricane Charley and State-Owned Archaeological Sites

The Bureau of Archaeological Research is planning a visit to the Charlotte Harbor area to assess impacts from Hurricane Charley on state-owned archaeological sites. Sites in state ownership in the impact area include Mound Key and Big Mound Key, as well as numerous other large, complex shell sites within the boundaries of the Estero Bay and Charlotte Harbor Buffer Preserves. Expert volunteers from other institutions/agencies have offered their assistance and we plan on working with other experts in the archaeology of the region. We plan on waiting until infrastructure has been restored to a moderate level to avoid interfering with primary relief efforts.

Decorated bone artifact found in the Wacissa River by diver Tom Pertierra and reported via the Isolated Finds Program.

Isolated Finds Program

Review of Isolated Finds Program: The Bureau of Archaeological Research has held two public meetings to address the future of the Isolated Finds Program. The first meeting was held April 29, 2004 at the R. A. Gray Building in Tallahassee and was attended by about 50 people. Most speakers suggested ways to improve the current program, including computerized submittal of reports, a permit or license system, training for collectors, and increased BAR staff participation and funding. Two letters from American Indian tribes were read into the record. A letter from W. S. Steele with the Seminole Tribe of Florida emphasized their objection to the Isolated Finds Program. Likewise, a letter from the Robert E. Patterson, Elected Tribal Secretary of the Central Florida Muscogee Creek Tribe was unfavorable toward the program. Speakers in favor of the Isolated Finds Program or those who offered suggestions for improvements include Robert Knight, Jacky Fuller, Tom Pertierra, Guy Marwick, Don Monroe and others. A second public meeting was held on June 28, 2004 in Gainesville and was attended by 28 people. As with the first meeting, artifact collectors, avocational archaeologists, professional archaeologists, tribal representatives, state law enforcement, and state land management agency representatives were invited Unlike the first meeting, representatives of each of these groups was in attendance. Our invitation to the meeting had included several suggested subjects for discussion, primarily involving ways to improve the current Isolated Finds Program—including 1) implementation of a permit system codified in an administrative rule; 2) designation of certain rivers or segments of river as archaeologically sensitive areas off- limits to collecting; 3) a training program for collectors; 4) amnesty or some means of recording older artifact collections that have not been reported via Isolated Finds; 5) application of existing felony and misdemeanor penalties for noncompliance.

Map of the Aucilla WMA, from the Florida Fish and Wildlife Conservation Commission.

Despite the suggestion of discussion topics, much of the meeting was given over to a very interesting discussion and debate led by Micco Randy E. King, Elected Tribal Chairman of the Central Florida Muscogee Creek Tribe. Micco King spoke very forcefully and eloquently against artifact collecting, especially collection of human remains or collection of artifacts associated with human remains. Steve Terry, representative of the Miccosukee Tribe of Indians of Florida, also attended and offered a more moderate view of river collecting, though was strongly opposed to collecting human remains or burial artifacts [Note: discoveries of human remains are required to be reported to law enforcement officials, pursuant to s. 872.05, Florida Statutes, and are not subject to collecting under the Isolated Finds Program]. Both Mr. Terry and Micco King provided letters stating their tribe’s opinion on the Isolated Finds Program. Many of the collectors present spoke of their desire to follow the law and emphasized their respect for American Indian perspectives. A historical perspective on the Isolated Finds Program was offered by Florida Archaeological Council President Jim Miller and Steve Martin offered his perspective on collecting and lands managed by the Florida Park Service.

Agendas, announcements, and minutes from each public meeting are available at our website: http://www.flheritage.com/archaeology/underwater/finds/

Isolated Finds and the Aucilla Wildlife Management Area: During our recent review of the Isolated Finds Program the Bureau of Archaeological Research had the opportunity to review the draft conceptual management plan for the Aucilla Wildlife Management Area (WMA). At the June 2004 meeting of the Acquisition and Restoration Council (ARC), several concerned citizens raised questions about the cultural resources component of the draft plan. The ARC recommended that the Florida Fish and Wildlife Conservation Commission (FFWCC) review this part of their plan and seek additional input and assistance. Jim Miller, President of the Florida Archaeological Council and former BAR bureau chief, volunteered his time to meet with Ryan Wheeler and the concerned citizens. The outcome was a 13-page document that reviewed the history of archaeological research and management within the Aucilla tract and formulated a series of cost effective and reasonable recommendations. FFWCC incorporated the majority of the recommendations into their revised plan, which was approved at the August 2004 meeting of ARC and is a model plan for other agencies that have large tracts with significant archaeological resources.

As part of our review of the Aucilla WMA draft conceptual plan we discovered that the FFWCC had an interest in exempting rivers within the Aucilla WMA from the Isolated Finds Program administered by DHR. In concert with this review of the plan, we had an opportunity to assess citizen input regarding the Isolated Finds Program and its impact on the Wacissa and Aucilla rivers. We also reviewed the existing guidelines that govern the Isolated Finds Program.

It became clear that the Isolated Finds Program was a major obstacle to law enforcement within the Aucilla WMA, since some individuals were using it to cover their illicit excavations at terrestrial and submerged archaeological sites. Based on this review, DHR determined that permission to collect artifacts under the Isolated Finds Program does not extend to the portions of the Wacissa and Aucilla rivers located within the boundaries of the Aucilla WMA, since 1) the property was acquired and is managed, in part, for the conservation and protection of archaeological sites, and 2) the Isolated Finds Program guidelines grant limited permission for river collecting artifacts, which does not extend to rivers within the boundaries of those publiclyowned areas managed for the protection of archaeological remains. BAR sent a letter to Ken Haddad, Executive Director of the FFWCC, which was copied (certified mail) to all artifact collectors in our Isolated Finds Program database. The letter also was copied to law enforcement agencies and other agencies involved in administration of the Aucilla WMA.

It is important to note that the determination made by DHR/BAR regarding the Isolated Finds Program and the rivers of the Aucilla WMA was intended to assist law enforcement within that managed area and is not an attempt to eliminate isolated finds collecting in general, or to limit isolated finds collecting in other rivers.

Isolated Finds and the Florida Vertebrate Fossil Permit Program: One other aspect that needs to be addressed in any consideration of the Isolated Finds Program is the Vertebrate Paleontology Permit Program administered by the Florida Museum of Natural History in Gainesville under sections 1004.57 through 1004.576, Florida Statutes, and s. 6C1-7.0541, Florida Administrative Code. It is clear that individuals who collect fossils from Florida rivers also collect cultural material and vice versa. Unlike the Isolated Finds Program, which grants a limited permission to collect artifacts, the Vertebrate Fossil Permit appears to be a blanket permission to collect fossils from state-owned and sovereignty submerged lands. Both programs need to be brought into alignment in order to successfully protect and manage the resources.

Recommendations: The review of the Isolated Finds Program conducted by the Bureau of Archaeological Research indicates that this program has suffered from inadequate rule making. Administrative rule making is the fair and democratic means for implementing statutory programs. The rule making process identifies all public and private stakeholder groups and involves a process that is both public and formal. It is recommended that the incipient rule developed as the Isolated Finds Program guidelines be subjected to the administrative rule making process.

Ryan J. Wheeler, Ph.D.
Chief, Bureau of Archaeological Research
September 20, 2004