ArchaeoWolf Explains:: ARCHAEOLOGY LAW AND REGULATION SOURCES IN THE UNITED STATES OF AMERICA

It has been asked of me very often “where/what/how can I go collect artifacts?” by those that follow me on social media. It’s a very interesting problem because for every post that I do about the importance of maintaining the integrity of archaeological sites, there is always someone who asks if it’s legal to do something, or they admit wholeheartedly that they have been taking artifacts or collecting artifacts from archaeological sites for years and they have never gotten caught. Nor is there a shortage of people who proceeded to tell me that I am “gatekeeping archaeology”, “elitist” due to the fact that I have a degree in the subject and pursued a higher education in the matter, or that I am flat out wrong in my assessment of cultural resource management law.

These people that do this, are obviously a bother.

However, there are a fair number of people who ask what they can do to protect archaeological resources, what they should do if they come across an archaeological site or observe someone vandalizing or looting an archaeological site, or how they can get involved with proper, legal, and professional Archaeological activities. These people are unfortunately far out numbered by the ones who have the Tendencies to think they know better than the professional in the field, but as you know, one must always do their best to encourage the ones who want to learn and teach them the correct way of doing things.

No, I have explained a good number of times why archaeological sites should be left alone. How, if they are dug up and disturbed by people who do not know how to collect the data or do the work professionally, immense amounts of information and history are lost and can never be recovered. Once an archaeological site has been damaged by looters or souvenir hunters, that damage cannot be undone. I have pointed out that, in the United States, artifacts found on private land belonged to the landowner, and that if people do not seek permission from the landowner, it constitutes as theft to remove archaeological artifacts from private property. I have also spoken that depending on what the artifacts are, Sometimes the state does have laws and regulations in place to protect those sites even if they are on private property. I have said many times where to find this information, but it always seems to be difficult.

So I have found it For you all: The archaeological, cultural, historic protection and preservation acts from all 50 states, as well as the territories of Puerto Rico and Guam. AND I HAVE UPDATED THIS!!

Also, links to the federal statutes and sources based on the large land management agencies, Like the US forest service, the Bureau of land management, the national Park service and others. I have included links to the official language for the following federal mandates:

Antiquities Act of 1903:

• 54 USC 320301-320303

• 43 CFR 3

• Creation Of National Monuments

• REQUIRES PERMITS FOR COLLECTION AND EXCAVATION

The Historic Sites Act of 1935

National Historic Preservation Act (NHPA) of 1966:

• 54 USC 30010

• 26 CFR 800

• Advisory Council on Historic Preservation

• Sets policy for historic Preservation

• Requires agency to consider effects of actions on historic properties (Section 106)

• Requires agencies to establish a preservation program and designate Federal Preservation Officers (Section 110)

• Authorizes the National Register

National Environmental Policy Act of 1969:

• 42 USC 43211-4370

• Requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions.

• Categorical Exclusion

• Environmental Assessment/Decision Record

• Environmental Impact Statements/Record of Decision

Archaeological and Historical Preservation Act (AHPA) of 1974

16 U.S.C. 469
also known as the Archeological Recovery Act and the Moss-Bennett Bill.
AHPA amended and expanded the Reservoir Salvage Act of 1960
Eenacted to complement the Historic Sites Act of 1935
Provided for the preservation of historical and archaeological data which might be lost or destroyed as the result of the construction of a federally authorized dam or other construction activity.
Expanded the number and range of Federal agencies that had to take archeological resources into account when executing, funding, or licensing projects.
Allows for any Federal agency responsible for a construction project to appropriate a portion of project funds for archaeological survey, recovery, analysis, and publication of results.

Federal Land Policy and Management Act of 1976:

• 43 USC 1701-1787

• BLM’s “organic act” that establishes its multiple use and sustained yield mandate

• Mandates permanent federal ownership of public lands

• Directs the agency to manage public lands to protect the quality of scientific, scenic, historical, ecological, air and atmospheric, water resource, and archaeological values

American Indian Religious Freedom Act of 1978:

• 42 USC 1996

• Protect and preserve Native American rights to religious freedom

• Access to sites

• Use and possession of sacred objects

• Freedom to worship through ceremony and traditional rites

Archaeological Resources Protection Act (ARPA) 1979:

• 16 USC 470aa-m

• 43 CFR 7 National Park Service

• Identifies archaeological resources as material remains of past human life or activities that are over 100 years old

• Regulates archaeological investigation on federal lands

• Provides requirements for obtaining a permit to excavate archaeological sites

• Establishes civil and criminal penalties

Abandoned Ships Act (ASA) of 1987

Native American Graves Protection and Repatriation act of 1990:

• 25 USC 3001 et seq.

• 43 CFR 10

• Requires the repatriation or transfer of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony (cultural items)

• Requires agencies plan for and protect Native American human remains and cultural items that may be removed from federal lands

• Requires the identification and reporting of Native American human remains and cultural items in collections

• Requires a Federal Register Notice prior to repatriation or transfer

Curation of Federally Owned and Administered Archaeological Collections 1990:

• 36 CFR 79

• Establishes definitions, standards, procedures and guidelines to preserve collections of prehistoric and history remains and associated records

• Specific to prehistoric and historic remains collected under:

• Antiquities Act

• Reservoir Salvage Act

• Section 110 of NHPA

• ARPA

American Battlefield Protection Act of 1996

Sunken Military Craft Act of 2004.

All found here: https://www.usace.army.mil/missions/civil-works/tribal-nations/tribal_culturalres/

THE GOLDEN DOCUMENT: EVERY STATE REGULATION BY STATUTE AND CHAPTER NUMBER: http://npshistory.com/publications/archeology/state-statutes.pdf

ALL OF THE STATE HISTORIC PRESERVATION OFFICES, AND THEIR CONTACT INFORMATION, CAN BE FOUND HERE: https://ncshpo.org/

THE EASY BREAK DOWN OF ARCHAEOLOGY IN THE USA, THANKS TO THE SOCIETY OF AMERICAN ARCHAEOLOGY: https://www.saa.org/about-archaeology/archaeology-law-ethics

ADIVSORY COUNCIL ON HISTORIC PRESERVATION

https://www.achp.gov/preserve-america

US FOREST SERVICE
https://www.fs.fed.us/lei/archeological-resources-protection.php

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprd3821264.pdf

US BUREAU OF LAND MANAGEMENT

https://www.blm.gov/sites/blm.gov/files/documents/files/collecting_on_publiclands.pdf

https://www.blm.gov/programs/cultural-heritage-and-paleontology/archaeology/archaeology-in-blm/strategy

US ARMY CORP OF ENGINEERS

https://www.usace.army.mil/missions/civil-works/tribal-nations/tribal_culturalres/

US NATIONAL PARK SERVICE

https://www.nps.gov/history/archeology/tools/laws/AntAct.htm

https://www.nps.gov/history/archeology/tools/laws/NHPA.htm