Alabama Underwater Cultural Resources Act: proposed amendments may be voted on by the Alabama Senate at any time now.
A bill before the Alabama Senate (H.B. 104) would amend the Underwater Cultural Resources Act and would drastically limit its effectiveness in preserving underwater archaeological resources within the state’s waterways. By redefining the term “cultural resource” to limit it to shipwrecks, the bill would open our waterways to the unregulated looting of significant archaeological sites including those eligible for or listed on the National Register of Historical Places or the Alabama Register of Landmarks and Heritage. Prehistoric remains, Civil
War artifacts, and a wide variety of historical cultural material would be rendered unprotected.
Under existing law, the Alabama Underwater Cultural Resources Act, underwater cultural resources are subject to regulation by the state. A permit is required from the Alabama Historical Commission prior to the exploration or excavation of underwater cultural resources or for recreational diving related to cultural resources. The theft or disturbance of underwater cultural resources is subject to criminal penalties.
This very reasonable law was crafted after much public input from recreational and professional divers and has been working effectively since 2006. One of its primary benefits is to prevent the recovery and sale of artifacts, which would go largely unregulated if HB 104 passed into law. The bill is moving swiftly through the legislature. It passed the House almost before the preservation community was even made aware of it. The Senate Governmental Affairs Committee held a public hearing on April 19 and those closely watching the issue were not made aware of it until the afternoon of the day prior. A vote on the bill could come at any time.
Accordingly, we urge you to consider contacting both the members on the committee and your local Senators and urge them to vote against the bill.
It is our understanding that:
1) The current system was recently implemented in 2006 and is working.
2) HB104 will open the door to widespread looting and the undocumented mining and recovery of artifacts from Alabama waters.
3) Artifacts are worth money. Selling artifacts is a business that makes dollars. Under HB104, artifacts will be legally recovered, transported out of Alabama and sold.
4) HB104 only benefits a small group of artifact collectors and sellers – to the detriment of the people of Alabama.
5) State lands belong to the people of Alabama. On state-owned land, Alabama law prohibits the cutting of trees, mining of coal or digging of artifacts with a shovel or backhoe without following first applying for a permit. The passage of HB104 regarding underwater digging would be inconsistent with existing laws governing state land.
Preservationists across the state are raising awareness of the potential destruction and detriment that HB104 would allow if passed by the Senate. Momentum to reject HB104 is growing among those who wish to keep Alabama’s treasures at home for the common good of people of Alabama. Time is critical. Vote no on HB104.
GOVERNMENTAL AFFAIRS
Jimmy Holly(R) Chairperson, Roger Bedford (D) Vice Chairperson, Scott Beason(R), Dick Brewbaker(R), Linda
Coleman(D), Priscilla Dunn(D), Vivian Figures(D), Arthur Orr(R), Tripp Pittman(R), Paul Sanford(R), and Bryan
Taylor(R)
Senator Holly (334) 242-7845 linda.christy@alsenate.gov
Senator Bedford (334) 242-7862 senbedford@aol.com
Senator Beason (334) 242-7794 scott.beason@alsenate.gov
Senator Brewbaker (334) 242-7895 dick.brewbaker@alsenate.gov
Senator Coleman (334) 242-7864 lindacoleman60@bellsouth.net
Senator Dunn (334) 242-7793 priscilla.dunn@alsenate.gov
Senator Figures (334) 242-7871 vivian.figures@alsenate.gov
Senator Orr (334) 242-7891 senatemail@gmail.com
Senator Pittman (334) 242-7897 trip.pittman@alsenate.gov
Senator Sanford (334) 242-7867 paul.sanford@alsenate.gov
Senator Taylor (334) 242-7883 bryan.taylor@alsenate.gov
What was written here is totally wrong. HB-104 will not change current law and regulations. What it does is clean up some confusing words that are in the law and adds a definition for artifacts where there is none now.The bill is supported by the following:
The Poarch Indian Tribe
The Alabama Dept of Tourism
The Alabama Dept. of Conservation
Tannehill State Park as well as most other historical museums
100,000 divers
Gold Prospectors
amateur archaeologists, Historians, Authors of Historical reference books and the general public of Alabama.
The bills only opposition is from Professional Archaeologists who receive much of their income from the Cultural Resources Assessment Program. This program is a form of extortion forced on the people and businesses of Alabama. Most of the assessments are ridiculous such as having to pay a bribe to an archaeologist for a cell phone tower to be built on top of the ground. Get your legislators to dig into this program that costs the people of Alabama hundreds of millions of dollars.
I do not know the details of the bill and certainly can’t argue with you about the fine points. You may be quite correct. However, there is opposition to the legislation from more than “professional archaeologists.” This was pulled from an email sent out by the Alabama Trust for Historic Preservation, a group that has professional archaeologists as members, but also has as members people who simply care about old homes, perhaps live in one or just want to preserve the antiquities in Alabama. They are against the legislation from my understanding, so I don’t think you are characterizing the people for and against quite accurately.
The bill is NOT supported by the Poarch. I don’t know about the others, but I seriously doubt these government departments or agencies have such a position on HB 104. I know the Alabama Historical Commission and the Poarch Creek Tribal Historic Preservation officer are strongly opposed to amending the existing 2006 law – as are the State-recognized tribes and the Alabama Indian Affairs Commission. It isn’t only professional archeologists who oppose this bill. The Underwater Act was passed in 2006 after numerous public hearings with the dive community as well as the general public – not just professional archeologists. The 2006 law does not prohibit removal of isolated finds in the river bottom or shallows or shores of Alabama’s rivers. It does not prohibit removal of artifacts– IF you have a permit from the Alabama Historical Commission.
To date, the AHC has not denied a single permit, so it is not like this law is a burden to Alabama’s citizens.
Changing the definition of ‘Cultural Resource’ – as HB 104 does – to only protect shipwrecks and “Indian burial grounds” and sites on the National Register leaves artifacts associated with submerged Civil War sites, historic railroads and railroad bridges, historic covered bridges, and thousands of other known (and yet to be found) historic and archaeological sites’ artifacts free to a few divers who actively look for them – whether they are citizens of Alabama or not. (Unlike the present state law, this bill would eliminate all sites on the Alabama Register from protection!)
Really, though, a basic issue is this – These artifacts have been and are STATE property. Passing HB 104 will allow what is now state proerty to pass into private hands with no fees or permits (which bring money to the state coffers). When archeologists recover artifacts, the law mandates they STAY in Alabama at an approved facility – like Moundville or a certified museum. They would not end up on eBay – sold to the highest bidder! (Google “Alabama artifacts or Civil War artifacts for sale” – this is a money thing for professional dive shops lke Phillips’ – to charge clients to take them to OUR underwater sites to take home what they find! (because those 100,000 divers Philips writes about can’t do so in their home state – where it is against the law!)
Excuse me, Mr. Phillips, but professional archaeologists do not charge fees or extort money from anything called “the Cultural Resources Assessment Program” – or any other such nonsense you care to invent. Hundreds of millions of dollars are NOT spent by taxpayers in any such program, much less to bribe archaeologists to build cell towers??
Professional archeologists are only involved when FEDERAL activities are being conducted – like the construction of federal highways or interstate exit ramps. Or when FEDERAL permits are required. Pipelines for oil and gas are permitted by the Federal Energy Regulatory Commission – and so oil companies need permits for their INTERSTATE pipelines to indicate they will not unneccessarily destroy important archaeological sites or impair habitat for endangered species or traverse through private neighborhoods…. Cell towers are regulated by the FCC – FEDERAL Communications Commission. The FCC follows the same environmental rules and laws as all the other FEDERAL agencies.
The National Historic Preservation Act was passed by Congress in 1966 – and it has been amended numerous times to change with the times – most recently to acknowledge the rights of Native Americans whenit comes to archaeology. BUT it only applies to FEDERAL actions.
The State of Alabama does not have any law to protect archaeological or historic sites – unless they OWNED by or are ON STATE property. There is only a state law to protect human remains – buriais – but that is a question of morals. And maybe ethics in some cases.
I find it off-putting, at best, that someone feels confident in speaking for 100,000 divers. Let’s see a list of their names.
Here is an incomplete list of organizations, international, national, state, and local, that are OPPOSED to HB 104. All of these have members from the general public, and all have written letters or contacted senators to express their opposition to HB 104:
Professional Marine Explorers Society (includes many divers)
The Society for American Archaeology
The National Trust for Historic Preservation
The Alabama Trust for Historic Preservation
Southeastern Archaeological Conference
Alabama Archaeological Society
Mobile Historic Development Commission
Historic Mobile Preservation Society
Black Belt Museum
Center for the Study of the Black Belt
The Alabama Indian Affairs Commission
Council of Alabama Archaeology
And if you’re wondering why the Alabama Historical Commission has not made a public statement against the bill, it’s because they were threatened by a lawmaker that they would lose their jobs and/or be incorporated under the Dept. of Conservation if they spoke up. I believe Mr. Phillips can confirm that.
Marvin Hudgins
Copy of message I sent to Sen. Beason
Dear Sir,
I write to you today concerned about the heritage of our great state. As a voter in Blount county it saddens me to see some lawmakers being swayed by individuals who are only concerned with their own academic standing and ambitions. These academics, (usually transplants from other states) look down their collective noses at the good people of Alabama and feel that they alone should be the custodians of our heritage. These people have no desire to learn the technical skills necessary to recover and preserve the artifacts that are the legacy of our great state and yet have the audacity to try to stop great southern patriots from doing it. I dive with men who recover, preserve and display artifacts from the rivers here in our state. They are hard working, church going, fathers and sons with a great love for the heritage of our state. The sad fact of the matter is that without recovery and protection these artifacts will disappear and our children’s children will only have the word of so called ” intelligentsia” to establish their ideas concerning the history of the great state we live in.
Sir, it was an honor to vote for you and I know you will do the right thing and vote yes for HB104.
God bless you sir and God bless the great state of Alabama,
Marvin Lee Hudgins
92 Hidden Oaks Lane
Cleveland AL
The extremely simple but significant point is that unless divers and other interested individuals find such isolated items no one will. That should be said over and over. No one else is looking for them. They will simply waste away. The “professionals” do not “waste” their time looking for isolated items. They want major finds such as ship wrecks and such which are not in contention.
Julian
Julian M. Brook, CDP, CCP
Information Technology Specialist
205 879-1191, jmbcdp@bham.rr.com
As an avid diver, I would like to make known my support for HB-104. I believe clarifying the language in the original bill is an important and necessary step to prevent the further persecution of history buffs and amateur archeologists such as myself. Currently I spend a good bit of time and money in other states where the laws are friendly towards divers, and documented recoveries are embraced by the state, and by people who realize without hobby divers, much of these things will forever be lost to our society. I have not met one single diver over the years that have ever looked to make a profit from our hobby. We do it because we love history, we cherish our findings as treasures, and we get a great amount of satisfaction from being able to share our findings with schools, museums, friends, family, and anyone else who would like to enjoy them. The argument that our cultural resources will be open to hordes of looters and profiteers is in my opinion nothing more than a scare tactic by the opposition. The type of diving, and the level of experience required to make such recoveries in itself will exclude a very large majority from ever attempting to participate in such an activity. In closing, I ask that you please consider giving HB-104 the opportunity to be voted on by the full Senate.
Thank you for your time and service to our great state
Jarrett Kitchens – Birmingham
As a member of 4 Avocational Archaeology Societies and a Paleontology Council, I ask that you support HB 104 written by Steve Phillip. I also support their mission as advocates of fair and balanced preservation laws. The citizens of Alabama and visiting Tourists should not be subject to arrest and prosecution for recovering an isolated artifact, (ie: a lowly arrowhead) while recreating in and along Alabama Rivers.
The Alabama Historical Commission and the Division of Historical Resources should be investigated for conflicts of interest and abuse of public trust. Please let me know if it is your desire to have Alabama Citizens arrested and prosecuted for recovering a broken piece of pottery or an arrowhead, which until recently were considered by the state to be non-essential artifacts.
Senator , Please Stop the abuse by voting for HB104. It is poor public policy to not have a means for citizens and tourists to recover an occasional relic and be subject to prosecution..
Jacky Fuller
I am asking for your support in the passing of HB 104 that supports the diving & recovery of single artifacts in the navigable waters of the State of Alabama as written & formed by Steve Phillips of Birmingham & Representative Jim McClendon. I am a Civil War author and have authored 2 books and over 200 magazine articles about the American Civil War and many of the artifacts that I have written about came from the navigable waters of your fine state of Alabama.
You and Alabama are greatly appreciated
Charles Harris – Ooltewah TN
I write to urge you to support, and vote for, House Bill 104, which seeks to amend the Alabama Underwater Cultural Resources Act in order to clarify the definition of a “cultural resource” and add a definition of “artifact” to that act. The amendment would make it clear what is, and isn’t, permissible with respect to artifact hunting in Alabama’s navigable rivers, something that is sadly lacking in the current law.
I am not an artifact hunter, but I am an active scuba diver, and I majored in history at the University of Alabama. As such, I have a deep appreciation for the isolated artifacts that are rusting away on the bottom of our rivers. We owe much to the dedicated divers who enjoy recovering, preserving and sharing these artifacts. It is a disgrace that these law-abiding divers are being harassed and even arrested by bureaucrats and others trying to protect their “turf.” I personally attended part of the trial of Steve Philips in Selma several years ago, and know from that experience how badly this law needs to be clarified.
I urge you to support and vote for HB 104. I have been one of your supporters for many years. I think this is the first time I’ve written you about any pending legislation. Thank you for your time and attention to this matter.
John Watson – Vestavia Hills
As a very proud citizen of Alabama (Calhoun County), I am particularly proud of our state’s natural resources and their availability to the public. It is our gorgeous parks, reserves, and public natural resources that help make our state one of the best in the nation for anyone who loves the outdoors. Outdoor opportunities in Alabama are clean, natural, safe, and accessible. I would very much like to keep them that way. As such, I am asking our state senators, and in particular, the Senate Government Affairs Committee members to please represent us, Alabama citizens, in support of HB-104.
Sherry Snider – Calhoun County
Steve and his family are some of the finest people one could ever know – the Selma prosecution was a travesty and I can tell you that at least one of his primary accusers had selfish motives. I am going to call each and every one of these senators to SUPPORT Steve and his work. If not for Steve and other divers, diggers, collectors researchers like him who are willing to share their knowledge and artifacts I would have little to write & lecture about.
The history associated with the relics and other materials that they recover, preserve and share with those of us who have a common interest would otherwise be lost to time. To me it is ironic that the very institutions and individuals who have done so little to locate, recover, preserve and share the materials supposedly being protected by the misguided and misapplied state laws are the ones who now have even less to offer and fewer resources to share.
I have not encountered a single Selma-recovered artifact that was found and preserved by the City, the County, the State or the so-called federal government. To my recollection all have been found and donated or loaned by individuals. The surviving Selma gun tubes were NOT Selma recoveries. S-5 & 10 were war prizes off the CSS Tennessee II – the yankee government gets that credit, granted. S-5 was returned to Selma around 1982 primarily due to the efforts of private citizens. S-26 was a local recovery sponsored by the UDC in Gainesville, AL a century ago. S-81, 85, 87, 97 & 111 were “saved” by the citizens of Columbus, Georgia. S-74 (perhaps the Citadel tube is S-70) and 76 were recovered in or near Charleston. S-95 and 96 were recovered by private parties near Jackson, Alabama. When S 46 and 53 are pulled from the Pee Dee River this year (?) it is likely that that work will be privately funded tho undertaken jointly by agencies and/or institutions of the states of North and South Carolina. Only the two 6 lb experimental Brooke tubes that were kept (privately) in Selma for decades after the war were “sponsored” by the city – beyond the three noted at the end of this paragraph. FWIW, One of these 6 pound experimental 6 pounders was stolen after being mindlessly placed in the most vulnerable locations imaginable by city fathers many years ago. Three other Selma recovered yankee made and CS “appropriated” field pieces were lost/stolen/misappropriated/ sold many years ago.
So, don’t tell me all about what artifacts need to be protected by our various government entities. If left to their means and planning most will never see the light of day. If they really wanted to add something to the game they would join with the diggers, divers and collectors to locate, properly record and preserve these pieces of our history instead of trying to hoard sites that will never be investigated because of a lack of resources and KNOWLEDGE about the very artifacts they purport to protect. Instead, the entire system of archives and history as formally operated by the State of Alabama has been financially gutted and much will soon be lost. That institutional memory cannot be replaced. I would have hoped more intelligent heads would have prevailed in the state budgeting process (and the system was already under funded and, in places, grossly mismanaged).
Steve Phillips has forgotten more about much of this material than most government employees will ever know – some exceptions to this statement do apply – but damned few.
Opinions expressed in this preamble are strictly my own and no attribution should be attached or implied – these are my personal remarks.
Steve, I thank you for sharing your collection and I support your efforts.
William Lockridge – Mint Hill NC
Please post those comments made by yourself and have others post comments for themselves. I have posted all your comments, but feel it is a bit deceptive–both for and against your cause–to have multiple posts from the same person yet claiming to be from different people. I don’t doubt that the comments came from others, but it would be nice if they actually took the effort to post. If not, simply reference their thoughts in your own comments. Thanks.