what type lawyer protects archaeological sites

by Prof. Darlene Prosacco 8 min read

Who is responsible for the protection of archaeological sites?

Site protection is not only the responsibility of law enforcement officials or archaeologists. The past belongs to everyone, and it is everyone’s responsibility to help protect and preserve it. Laws in the United States on federal and state lands protect archaeological sites.

Is it against the law to share an archaeological site location?

Answer: If someone knows where an archaeological site is, they can find it and loot it. It is against the law to share a site location, because then the sharer may help a crime to take place. §470ii - Rules and Regulations; Intergovernmental Coordination.

Why preserve and document archaeological sites?

One important reason to preserve and document archaeological sites is that, in some cases, it’s the law. In Texas, laws prohibit excavation on state land without a permit. Federal land has several statutes that apply to cultural resources including the disturbance of human remains. Read more about laws that protect sites in Texas.

Why is a federal penalty for illegal archaeology important?

Answer: A federal penalty is important for two reasons: one, it deters illegal activities and two, it sends a message that archaeological resources are important enough that the American people are entitled to receive damages and justice when those resources are impaired. §470ff - Civil Penalties.

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How can archeological sites be protected?

STAY ON DESIGNATED ROADS: Use existing roads that are approved for use by land managers. Driving off-road can damage fragile archaeology and ecosystems. ENJOY ARCHAEOLOGY WITHOUT ROPES: This protects archaeology from damage caused by falling rocks and looting.

What are the federal laws that protect archaeological 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.

What are the two laws used to protect archaeological site information from public disclosure?

The principal federal laws that can protect sensitive information about historic properties and archaeological resources are Section 304 of the National Historic Preservation Act and Section 9 of the Archeological Resources Protection Act.

How are archaeological sites protected from vandalism?

Federal laws protect archeological resources on NPS and other federal lands. These laws may include civil and criminal penalties for disturbing, looting, or vandalizing archeological sites.

Can you keep archaeological finds?

And if you find that you have a genuine archaeological site discovered on your land, you may as well be a renter from the government. In the United States, the National Historic Preservation Act and the Archaeological Resources Protection Act work hand in hand to both preserve and claim artifacts found on U.S. soil.

What does CRM stand for archaeology?

Cultural resource management, normally referred to as “CRM,” may be defined as cultural heritage management within a framework of federal, state, and local laws, regulations, and guidelines.

Is it legal to keep artifacts?

Private Property. In the United States, it is legal to collect artifacts from private property if you have written permission from the landowner.

What is the archaeological and historic preservation Act?

AHPA makes clear that all Federal agencies are authorized to fund archeological investigations, reports, and other kinds of activities to mitigate the impacts of their projects on important archeological sites.

What should you do if you find archaeological remains?

Do keep records of artifacts found lying on the surface of your property. Do report sites discovered on your property to the Department of Historic Resources. Your report will not trigger any land use decisions but will aid in scientific research and preservation planning.

How can we stop archaeological looting?

The legislative efforts to control destructive archaeological activity—looting—can be divided into two broad categories: attempts within the countries of origin to curb illicit excavations and illegal export of `antiquities,' and efforts to control the import of plundered archaeological artifacts into the main ...

What does a cultural resource manager do?

Description: At this level, the Cultural Resources Program Manager is responsible for the developing, implementing, and overseeing cultural resources management and preservation programs and/or are expert resource people who participate in the development and implementation of cultural resources policies and guidelines ...

Which federal law requires individuals to get permits before they were allowed to begin archaeological work on federal?

Current Federal regulations of the Archaeological Resources Protection Act of 1979 (ARPA) require that the appropriate Federal land manager issues an archeological permit before a survey, excavation, or collection of archeological resources occurs on public land.

When was the Archaeological Resources Protection Act passed?

As a result, the U.S. Congress passed a new law, the Archaeological Resources Protection Act, in 1979. Congress amended ARPA in 1988 and 1995. ARPA strengthened the permitting procedures required for conducting archaeological fieldwork on federal lands, originally mandated by the Antiquities Act. It also establishes more rigorous fines ...

How old do you have to be to be an archaeologist?

Other laws, such as the National Historic Preservation Act, apply to archaeological properties that are 50 years old or older (however, exceptions may apply to properties younger than 50 years).

What is the ARPA?

The Archaeological Resources Protection Act (ARPA) is a federal law that is codified (meaning, in the U.S. Code) at 16 U.S.C. §§470aa-470mm. "16 U.S.C" is its title, a section where all related laws are put. "1B" is its chapter, a.k.a. the law itself, within the title. "§§470aa-470mm" are sections (the § is the symbol for section) that provide details on what the law is about and how to carry it out. ARPA can be found at title 16, chapter 1B, sections 470aa-470mm. Let's find it!#N#Tour the structure of the U.S. Code:#N#Show students the U.S. Code title of contents. The U.S. Code is the official compilation of federal statutes - or laws - of the United States.#N#The USC contains 54 titles. What do each of these titles, or laws, have in common that might group them together? ARPA is at U.S. Code Title 16 - Conservation. Open Title 16. What do the sections of Title 16 address?#N#Tour the Archaeological Resources Protection Act:#N#Find Chapter 1B - Archaeological Resources Protection. Work with the class as one group, small teams, or individuals to understand each section and the ways they work together.#N#§470aa.#N#The first section of a law generally lays out the purpose for the law.

What is the Antiquities Act?

The Antiquities Act of 1906 was the first law in the United States to protect archaeological sites and collections.

Where are artifacts stored?

After an archaeological excavation takes place, the artifacts and any other recovered material is stored in a curatorial facility, like a museum or collections warehouse . This section directs the Secretary of the Interior to create regulations (or, rules) for what entity can claim the artifacts and other materials.

Can the government seize metal detectors?

Answer: Yes! The government can seize anything that was used to commit the violation, such as metal detectors, cars, boats, excavation tools and other items. §470hh - Confidentiality of Information Concerning Nature and Location of Archaeological Resources. This section takes a different tack.

Is ARPA a federal law?

A crime under ARPA, a federal law, is an act that is prohibited and punishable by the federal government (also known as "the state"). Regular citizens cannot file a criminal complaint, but they can report a crime. The case is heard in the federal court system.

What are the laws that affect archaeology?

Archaeology and Federal Law. A number of U.S. laws affect archaeology, either directly or indirectly. Archaeology is often addressed in the context of more-general historic preservation or environmental laws. Federal laws usually have detailed regulations that prescribe how they are to be implemented.

What is the role of archaeologists in the history of the world?

Archaeologists have a responsibility to promote stewardship of the archaeological record of the past. This record (sites, deposits, and artifacts and other materials that remain in or on the ground) is fragile, easily disturbed, and nonrenewable.

What is Crow Canyon known for?

It also helps maintain Crow Canyon's reputation for excellence in archaeological research and education. Ethical and professional standards have been developed in the field of archaeology during the last 100 years. The Society for American Archaeology (SAA) and the Register of Professional Archaeologists ...

What is Crow Canyon Archaeological Center?

The Crow Canyon Archaeological Center maintain s high ethical and professional standards in its research and education programs. This helps ensure that the Center meets its responsibilities to the general public. It also helps maintain Crow Canyon's reputation for excellence in archaeological research and education.

What is the SAA ethics?

The SAA has published a set of general ethical principles for archaeologists, which may be found on its website. The Register of Professional Archaeologists lists archaeologists who have met basic standards of professional education and experience.

How many members does the Society for American Archaeology have?

The Society for American Archaeology is the leading archaeological organization in North America. It has more than 7,000 members, including professional archaeologists, students, amateur archaeologists, and interested lay people.

What is the purpose of monuments?

Monuments are to be established to protect "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.". The permitting and penalty provisions of the Antiquities Act have been superseded by the Archaeological Resource Protection Act (see below).

Why is it important to preserve archaeological sites?

In Texas, laws prohibit excavation on state land without a permit. Federal land has several statutes that apply to cultural resources including the disturbance of human remains.

What happens to an artifact once it is removed from its context?

Once an artifact is removed from its archaeological context, its value to archaeological researchers is greatly reduced. While we all love looking at a beautiful artifact, there is much less information to be gained from an item out of context than one recovered with accurate provenience data.

Can you move an archaeological site into a museum?

Although the intent of most archaeology museums is to provide education, they are typically able to do this only through displaying artifacts–you just can’t move an archaeological site into a museum!

Lawyer vs. attorney - what is the difference?

These two terms are often used interchangeably, but there is a difference between lawyers and attorneys. Although both have a law degree, lawyers and attorneys don’t do the same jobs.

What types of lawyers are there?

There are plenty of job opportunities for lawyers, but after finishing law school, it can be hard to decide what type of law practice you want to pursue. There are numerous career paths that you can choose based on your plans, ambitions, and perhaps most importantly, your interests.

26 Different types of lawyers

Business lawyers or corporate lawyers ensure that all operations of an individual company are conducted within the legal framework of local, state, and federal laws. A business lawyer is involved in everything from liability and intellectual property disputes to mergers and revising all sorts of legal documentation.

Why do professors use legal archaeology?

Professors can use legal archaeology to "sensitize students as to how inequality, specifically with regard to race, gender and class affects what occurs throughout the cases they study.".

What is legal archaeology?

Legal archaeology is an area of legal scholarship "involving detailed historical reconstruction and analysis of important cases.". While most legal scholars confine their research to published opinions of court cases, legal archaeologists examine the historical and social context in which a court case was decided.

What does an archaeologist do?

A legal archaeologist might also research biographical material on the judges, attorneys, and parties to a court case. Such information might show whether a judge held particular biases in a case, or if one party had superior legal representation that caused the party to prevail in a case.

What is the role of an intellectual property lawyer?

While not exactly one of the sexiest types of lawyer, the primary role of an intellectual property lawyer is to establish and protect IP. Legal professionals will counsel their clients and handle issues pertaining to the following: distribution.

What does a real estate attorney do?

A real estate attorney works with clients to review appraisals, prepare inspections, draft leases, complete purchase agreements, obtain financial agreements and sign deeds. Typically, anything that is associated with your house, besides a mortgage, demands the attention of a real estate lawyer. 10. Bankruptcy Lawyer.

What do bankruptcy lawyers do?

Bankruptcy lawyers will advise clients on eligibility, various options, types of bankruptcy and what would work best for that individual’s specific circumstances . They will also proffer possible alternatives to bankruptcy that might be worth exploring.

What is the most depressing branch of the legal profession?

One of the more depressing branches of the legal profession is possibly family law. You see couples that once loved each other engage in bitter divorce proceedings. You witness children being used as pawns and their hearts being broken. You see siblings go to war for a piece of property.

What does a tax law expert do?

In addition, a tax law expert will have a number of other daily tasks, including: evaluating intricate tax matters. talking and negotiating with the government. maintaining confidential tax records for clients. staying up to date on both important and mundane tax issues.

Why is it important to have an immigration lawyer?

Therefore, an immigration lawyer is critical should you wish to move to another nation for business or personal reasons. An immigration professional will consult, advise and guide clients on asylum, citizenship, naturalisation, green cards, visas and refugee status.

Is intellectual property a geopolitical issue?

Intellectual property has metastasised into a geopolitical issue, particularly as the economy has gone global. It has become harder than ever to protect intellectual property, serving as contentious issues in international trade negotiations, as we have seen during the US–China trade negotiations or the numerous complaints with the World Trade Organisation (WTO).

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

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Objective

  • Laws in the United States on federal and state lands protect archaeological sites. People who violate these laws can be prosecuted. Laws pertaining to private lands distinguish between surface collecting (picking up objects laying on top of the ground) and any ground-disturbing activities, like digging for artifacts. Laws pertaining to state and fe...
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Background

Preparation

Lesson Hook/Preview

Procedure

  • Learning how to read a federal law is an important skill for Americans to know. This lesson plan will guide your class through the anatomy of a federal law, using the example of the Archaeological Resources Protection Act (ARPA). The Antiquities Act of 1906 was the first law in the United States to protect archaeological sites and collections. Over time, Americans realized t…
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Vocabulary

  • This lesson plan provides a basic framework for learning how to read a federal law and understanding why the Archaeological Resources Protection Act is important. Use the information and questions as you'd like, in ways that work best for your students. You may copy and paste the sections and questions into sheets to be printed out, guide the class through group work, or use …
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