Most archaeological investigations in the United States and other countries must comply with preservation laws, especially if they are on government property or supported by government funding. Academic and cultural resource management (CRM) studies have explored various social, temporal, and environmental contexts and produce an ever-increasing volume of archaeological data. More and more data are born digital, and many legacy data are digitized. There is a building effort to synthesize and integrate data at a massive scale and create new data standards and management systems. Taxpayer dollars often fund archaeological studies that are intended, in spirit, to promote historic preservation and provide public benefits. However, the resulting data are difficult to access and interoperationalize, and they are rarely collected and managed with their long-term security, accessibility, and ethical reuse in mind. Momentum is building toward open data and open science as well as Indigenous data sovereignty and governance. The field of archaeology is reaching a critical point where consideration of diverse constituencies, concerns, and requirements is needed to plan data collection and management approaches moving forward. This theme issue focuses on challenges and opportunities in archaeological data collection and management in academic and CRM contexts.

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.