Archaeological Resources Protection Act

Archaeological Resources Protection Act
U.S. Government · Public domain · source
Name	Archaeological Resources Protection Act
Enacted by	United States Congress
Citation	16 U.S.C. §§ 470aa–470mm
Enacted	1979
Signed by	Jimmy Carter
Related legislation	National Historic Preservation Act of 1966, Antiquities Act of 1906

Archaeological Resources Protection Act is a United States statute enacted in 1979 to safeguard archaeological resources on public lands and Native American lands. It establishes civil and criminal penalties for unauthorized excavation, removal, damage, or trafficking of archaeological materials and sets permitting procedures for research and collecting. The Act works alongside National Park Service, Bureau of Land Management, United States Forest Service, and tribal authorities to regulate access to archaeological sites and to coordinate with National Register of Historic Places processes.

Background and Purpose

Congress passed the law in response to rising looting at sites such as Chaco Culture National Historical Park, Mesa Verde National Park, and the Poverty Point National Monument region, and after investigations by agencies including the Federal Bureau of Investigation and the Office of the Inspector General (United States Department of the Interior). The Act was influenced by earlier statutes including the Antiquities Act of 1906 and the National Historic Preservation Act of 1966, and by international instruments such as the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970). Sponsors in Congress cited concerns raised by National Congress of American Indians representatives and archaeologists from institutions like the Smithsonian Institution, University of Arizona, and Peabody Museum of Archaeology and Ethnology.

Key Provisions and Definitions

The statute defines "archaeological resources" with reference to material remains over 100 years old, affecting sites like those managed by the National Park Service, Bureau of Land Management, and United States Forest Service. It prescribes permitting procedures administered by agencies such as the National Park Service and Bureau of Land Management, and requires that permits include research design, curation plans with repositories like the Smithsonian Institution or state historic preservation offices (SHPOs), and consultation with National Congress of American Indians-affiliated tribal governments and Bureau of Indian Affairs. The Act establishes civil penalties, criminal sanctions under statutes enforced by the United States Attorney and the United States Department of Justice, and forfeiture provisions involving coordination with the Federal Bureau of Investigation and customs authorities like United States Customs and Border Protection.

Administration and Enforcement

Implementation is carried out by federal land-managing agencies: National Park Service, Bureau of Land Management, United States Forest Service, United States Fish and Wildlife Service, and the Department of the Interior. Enforcement intersects with federal criminal law via the United States Attorney offices, the Federal Bureau of Investigation, and agency law enforcement units such as the National Park Service Ranger (Law Enforcement) and Bureau of Land Management Law Enforcement. Cases often involve coordination with state historic preservation offices, tribal historic preservation offices (THPOs), and collections managers at institutions like the Peabody Museum of Archaeology and Ethnology and university museums. Administrative procedures include permit adjudication, civil forfeiture, and coordination with the National Register of Historic Places and National Historic Landmarks Program.

Impact on Native American Tribes and Cultural Resources

The Act requires consultation with tribal governments and is applied alongside statutes such as the Native American Graves Protection and Repatriation Act and programs administered by the Bureau of Indian Affairs and the National Congress of American Indians. It affects protection of ancestral sites including those in the Black Hills, Canyon de Chelly National Monument, and the Hopewell Culture National Historical Park region. Tribes including the Hopi Tribe, Navajo Nation, Pueblo of Zuni, Cherokee Nation, and Tohono O'odham Nation have invoked consultation provisions to protect funerary objects and sacred sites, working with federal agencies and museums like the Field Museum of Natural History and the American Museum of Natural History on curation and repatriation matters.

Legal Challenges and Notable Case Law

Litigation under the statute has reached federal courts, involving decisions by United States Court of Appeals for the Ninth Circuit, United States Court of Appeals for the Tenth Circuit, and district courts overseen by judges appointed by presidents such as Ronald Reagan and William J. Clinton. Cases have addressed standing, search and seizure, and the statute’s elements, with involvement by litigants including private landowners, commercial dealers, and tribal governments. Notable matters intersect with rulings interpreting the Antiquities Act of 1906, National Historic Preservation Act of 1966, and federal criminal procedure precedents such as those from the Supreme Court of the United States, including doctrines articulated in cases involving Fourth Amendment to the United States Constitution jurisprudence.

Amendments and Legislative History

Since enactment, Congress and administrations have refined implementation through regulations issued by the Department of the Interior and agency rulemaking by the National Park Service and Bureau of Land Management. Legislative activity has engaged members from committees such as the United States House Committee on Natural Resources and the United States Senate Committee on Energy and Natural Resources. Key related statutes and policy frameworks include the Native American Graves Protection and Repatriation Act, the National Historic Preservation Act of 1966, and international agreements like the UNESCO Convention (1970). Presidents including Jimmy Carter, whose administration signed the statute, and subsequent administrations influenced enforcement priorities through nominees to agency leadership posts confirmed by the United States Senate.

Category:United States federal legislation Category:Archaeology law