The Archaeological Resources Protection Act of 1979 (Pub. L.Tooltip Public Law (United States) 96–95 as amended, 93 Stat. 721, codified at 16 U.S.C. §§ 470aa–470mm), also referred to as ARPA, is a federal law of the United States passed in 1979 and amended in 1988. It governs the excavation of archaeological sites on federal and Native American lands in the United States, and the removal and disposition of archaeological collections from those sites.[1]
ARPA was launched in the 1970s after applications of the Antiquities Act of 1906 were declared "unconstitutionally vague". 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.[2] 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."[3] ARPA also defines "of archaeological interest" as "capable of providing scientific or humanistic understandings of past human behavior, cultural adaption, and related topics."[3] 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.
^Seidemann, Ryan M. (November 9, 2006). "The Reason Behind the Rules: The Archaeological Resources Protection Act of 1979 and Scientific Study". Bepress Legal Series. bepress Legal Series, Working Paper 1874. Berkeley Electronic Press.
^McManamon, Francis P. (2006). "The Foundation for American Public Archaeology: Section 3 of the American Antiquities Act of 1906". In Harmon, David; McManamon, Francis P.; Pitcaithley, Dwight T. (eds.). The Antiquities Act: A Century of American Archaeology, Historic Preservation, and Nature Conservation. Tucson, AZ: University of Arizona Press. p. 172. ISBN9780816525614.
^ abKing, Thomas F. (2013). Cultural Resource Laws and Practice: An Introductory Guide (4th ed.). Walnut Creek, CA: AltaMira. p. 252. ISBN9780759121751.
External linksedit
ARPA at the National Park Service
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archaeological, resources, protection, 1979, tooltip, public, united, states, amended, stat, codified, 470aa, 470mm, also, referred, arpa, federal, united, states, passed, 1979, amended, 1988, governs, excavation, archaeological, sites, federal, native, americ. The Archaeological Resources Protection Act of 1979 Pub L Tooltip Public Law United States 96 95 as amended 93 Stat 721 codified at 16 U S C 470aa 470mm also referred to as ARPA is a federal law of the United States passed in 1979 and amended in 1988 It governs the excavation of archaeological sites on federal and Native American lands in the United States and the removal and disposition of archaeological collections from those sites 1 ARPA was launched in the 1970s after applications of the Antiquities Act of 1906 were declared unconstitutionally vague 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 2 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 3 ARPA also defines of archaeological interest as capable of providing scientific or humanistic understandings of past human behavior cultural adaption and related topics 3 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 editNational Historic Preservation Act of 1966 Native American Graves Protection and Repatriation ActReferences edit Seidemann Ryan M November 9 2006 The Reason Behind the Rules The Archaeological Resources Protection Act of 1979 and Scientific Study Bepress Legal Series bepress Legal Series Working Paper 1874 Berkeley Electronic Press McManamon Francis P 2006 The Foundation for American Public Archaeology Section 3 of the American Antiquities Act of 1906 In Harmon David McManamon Francis P Pitcaithley Dwight T eds The Antiquities Act A Century of American Archaeology Historic Preservation and Nature Conservation Tucson AZ University of Arizona Press p 172 ISBN 9780816525614 a b King Thomas F 2013 Cultural Resource Laws and Practice An Introductory Guide 4th ed Walnut Creek CA AltaMira p 252 ISBN 9780759121751 External links editARPA at the National Park Service National Park Service technical bulletin on application of ARPA nbsp nbsp This article relating to law in the United States or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Archaeological Resources Protection Act of 1979 amp oldid 1167752219, wikipedia, wiki, book, books, library,
