Exploring Space in the Spirit of Kinship
V . A New Approach A . History at Risk
While it may be argued that we have some time before actual mining operations begin on the Moon or any other celestial body , the fact is that the concept of due regard for objects already on the lunar surface needs to be addressed on a much swifter timetable . Cultural artifacts on the Moon are vulnerable to any activity on the Moon . Indeed , the NASA recognized this in 2010 when it organized a team solely to address questions regarding the protection of historic sites on the Moon . The team developed and released its report , “ NASA ’ s Recommendations to Space-Faring Entities : How to Protect and Preserve the Historic and Scientific Value of U . S . Government Lunar Artifacts ” ( NASA Guidelines ), in July 2011 .
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The NASA Guidelines recommend the implementation of a two kilometer “ exclusion radius ” around significant lunar heritage sites . Per the Guidelines , no vehicle should overfly or attempt to land on the Moon within a two-kilometer radius of any so-called United States Government heritage lander , defined to include the Apollo and Surveyor lunar landing sites . 81 The distance was chosen primarily to alleviate the destructive potential of the regolith ejecta effect in the lunar environment . 82 Essentially , any activity that will stir the lunar surface , whether a rover or a lander , will cause the very abrasive regolith to impact any hardware within a certain radius with the potential of causing severe damage . 83
These Guidelines , which are not binding or enforceable , even against US nationals , 84 highlight the vulnerability of cultural heritage on the Moon , especially in the face of increased activity .
B . So Put History First
Clearly , it has proven difficult for the international community to agree on
80 NASA , NASA ’ s Recommendations to Space-Faring Entities : How to Protect and Preserve the Historic and Scientific Value of U . S . Government Lunar Artifacts 12 ( Jul . 2011 ), https :// www . nasa . gov / sites / default / files / 617743main _ NASAUSG _ LUNAR _ HISTORIC _ SITES _ RevA-508 . pdf [ hereinafter NASA Guidelines ].
81 Id . at 7 .
82 See Michelle L . D . Hanlon & Bailey Cunningham , The Plume Effect : An “ Aggravation and Frustration ” That Imperils Our History and Our Future , 43 J . Space Law 309 ( 2019 ).
Research indicates that upon approach and landing , lunar lander engine exhaust will blow , rocks , soil and dust at high velocities . This lander ejecta can severely damage hardware even tens of kilometers away from the landing site . Building berms or using terrain obscuration to obstruct or curtail the ejecta each offer only partial solutions to this potentially mission-ending issue because large landers can send ejecta into high trajectories that cannot be successfully blocked . Indeed , it has been shown that it is even possible for ejecta to damage or destroy spacecraft orbiting the Moon .
Id . at 309 . 83 Id . at 312-313 .
84 The One Small Step to Protect Human Heritage in Space Act would require entities licensed by the United States to comply with NASA ’ s Guidelines . One Small Step Act , S . 1694 , 116th Cong . ( 2019 ). The Act passed the U . S . Senate unanimously in 2019 but has yet to be considered by the U . S . House of Representatives .
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