9.10 Excavating or Trafficking in Archaeological Resources (16 U.S.C. Sec. 470ee(a), (b)(2) and (d)) is a federal law that prohibits the excavation, or trafficking, of archaeological resources located on federal or Indian lands without authorization. This law applies to any cultural resource that is at least 100 years old, including artifacts, structures, and objects of archaeological, historical, or scientific interest. Under this law, any person who excavates, removes, damages, or otherwise traffics in archaeological resources without authorization can be subject to civil and criminal penalties. Possible penalties include fines, imprisonment, and restitution. Types of 9.10 Excavating or Trafficking in Archaeological Resources (16 U.S.C. Sec. 470ee(a), (b)(2) and (d)) include: • Unauthorized excavation or trafficking of archaeological resources on federal or Indian lands • Unauthorized removal, damage, or destruction of archaeological resources • Unauthorized sale, trade, or exchange of archaeological resources • Unauthorized storage or transport of archaeological resources • Unauthorized alteration or modification of archaeological resources
9.10 Excavating or Trafficking in Archaeological Resources (16 U.S.C. Sec. 470ee(a), (b)(2) and (d))
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FAQ
The existence of this hole in a pot indicates that it was ritually buried. If artifacts such as the two Anasazi pots were to be dug up on federal lands today, under existing law, it would certainly be illegal to sell them.
An Act for the Preservation of American Antiquities (Antiquities Act) was signed into law on June 8th, 1906. The Act was the first U.S. law to provide general legal protection of cultural and natural resources of historic or scientific interest on federal lands.
ARPA responded to the need for more effective law enforcement tools to protect archeological resources on public lands. The Antiquities Act of 1906 established a permitting process for archeological investigations on federal lands and penalties for unauthorized removal of archeological objects and destruction of sites.
The Archaeological Resources Protection Act of 1979, also referred to as ARPA, is a Federal law passed in 1979 and amended in 1988. It governs the excavation of archaeological sites on Federal and Indian lands in the United States, and the removal and disposition of archaeological collections from those sites.
Since 1979, ARPA has protected archaeological resources on public and Indian lands. ARPA applies to artifacts and archaeological sites. These include arrowheads, pottery, basketry, bottles, weapons, buildings, pit houses, rock paintings, rock carvings, and graves that are more than 100 years old.