Standard mitigation treatment for adverse effects to significant cultural resources has historically been a combination of data recovery excavation along with artifact analysis, reporting, and curation, whose purpose is to move the undertaking forward. Over the past several decades, there has been increased interest and understanding of alternative, or creative, mitigation options in these situations, which may, in the end, be the best option for the resource and more meaningful to both project stakeholders and the public. This article, the first in this special issue on creative mitigation, introduces the regulatory and conceptual framework for creative mitigation and weaves themes introduced in subsequent articles in this issue.

This article presents a case study of the process of developing and implementing mitigation as the result of adverse effects to cultural resources from the drawdown of Lake Cumberland, Kentucky. Signs of a dam failure in early 2007 triggered the U.S. Army Corps of Engineers (Corps) to implement the emergency drawdown. While the drawdown prevented a life safety catastrophe, it created a new erosion zone and exposed archaeological sites to looters. When it became clear that conventional Section 106 procedures to identify and evaluate these endangered archaeological resources were not an option, alternative and creative mitigation became a necessary approach for the Corps to meet its obligations under the National Historic Preservation Act. This article discusses the creative brainstorming among the Corps, Kentucky state historic preservation officer, and tribes that led to three alternative mitigation measures aimed at educational outreach, raising public awareness, and staff training. Furthermore, the article identifies challenges encountered during the implementation of the mitigation measures. Through the presentation of our mitigation journey, we share some of our lessons learned to improve awareness of the challenges and successes one may encounter during the execution of such alternative measures.

Mitigation of adverse impacts to archaeological resources within cultural resource management (CRM) is commonly achieved through a data recovery plan. Under this venue, the primary significance of a given site is its evaluation under NRHP Criterion D—its information potential. Rarely is consideration given to the emotional, psychological, and spiritual values descendant Native American communities attribute to these places in relation to their importance under other criteria. The associative relationships and integrity of traditional religious and cultural practices connected to sites are often overlooked because the identification of significance and values of archaeological sites is defined by Euro-American intellectual and value-laden frameworks. Even if one claims “scientific objectivity” as one's guiding principle, implementation of such practices without regard for Native American perspectives are clear violations of NHPA mandates. Balanced design of mitigation measures is seriously lacking from CRM practice, resulting in descendant communities being continually disenfranchised through the silencing of their voice in the management of their own heritage and inheritance. This article examines this issue from the perspective of the Pueblo of Zuni and how Zuni successfully worked with the Bureau of Reclamation to design a strategy for resolving adverse effects that is meaningful and beneficial to the Zuni.