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The Archaeological Resources Protection Act of 1979 ( as amended, , codified at ), also referred to as ARPA, is a
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...
of the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
passed in 1979 and amended in 1988. It governs the excavation of
archaeological site An archaeological site is a place (or group of physical sites) in which evidence of past activity is preserved (either prehistoric or recorded history, historic or contemporary), and which has been, or may be, investigated using the discipline ...
s on federal and Native American lands in the United States, and the removal and disposition of archaeological collections from those sites. ARPA was launched in the 1970s after the criminal provisions of the
Antiquities Act The Antiquities Act of 1906 (, , ) is an act that was passed by the United States Congress and signed into law by Theodore Roosevelt on June 8, 1906. This law gives the president of the United States the authority to, by presidential proclam ...
of 1906 were declared "unconstitutionally vague" in some jurisdictions and unable to protect historic and precontact sites on federal lands from theft, excavation, injury, or destruction. The Antiquities Act was unable to protect historical sites from criminal looting. Several attempts by the federal land-managing agencies and prosecutors to use this act resulted in judges saying that provisions regarding criminal prosecution were unconstitutionally vague making it unenforceable. ARPA regulates access to archaeological resources on federal and Native American lands. Uniform regulations were issued by the Department of the Interior, the Department of Agriculture, the Tennessee Valley Authority, and the Department of Defense. Archaeological resources are defined as "any material remains of human life or activities which are at least 100 years of age, and which are archaeological interest." ARPA also defines "of archaeological interest" as "capable of providing scientific or humanistic understandings of past human behavior, cultural adaption, and related topics." ARPA forbids anyone from excavating or removing archaeological resources from federal or Native American land without a permit from a land managing agency. ARPA also forbids any sales, purchase, exchange, transport, or receipt. Those who violate can face substantial fines and even a jail sentence if convicted, and any relevant archaeological resources will be confiscated.


See also

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National Historic Preservation Act of 1966 The National Historic Preservation Act (NHPA, , ) is legislation intended to preserve historic and archaeological sites in the United States of America. The act created the National Register of Historic Places, the list of National Historic Landm ...
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Native American Graves Protection and Repatriation Act The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on November 16, 1990. The Act includes three major sets of provisions. The "re ...


References

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External links


ARPA at the National Park Service
1979 in American law 96th United States Congress Archaeology of the United States Archaeological theft United States federal legislation articles needing infoboxes