Federal Regulations and Archaeology

While they don't necessarily makefor "light" reading, being familiar with the rules regarding archaeological sites on public lands can't hurt.

The following federal and state laws, regulations, and procedures have been set in place to protect and preserve archaeological sites and materials.

Antiquities Act of 1906

The Antiquities Act of 1906 protects all historic and prehistoric sites on federal lands and prohibits excavation or destruction of such antiquities unless a permit (Antiquities Permit) is obtained from the Secretary of the department that has jurisdiction over those lands. In addition, it authorizes the President to declare areas of public lands as National Monuments and to reserve or accept private lands for that purpose. Full document ...

National Historic Preservation Act (NHPA) of 1966

The NHPA is a general policy supporting and encouraging the preservation of prehistoric and historic resources. It directs federal agencies to consider the impacts of their actions on historic properties. The NHPA established the Advisory Council on Historic Preservation (ACHP) and tasked the ACHP with administering and participating in the preservation review process established by Section 106. Read in full..

Section 106 of NHPA

Section 106 requires review of any project funded, licensed, permitted, or assisted by the federal government for potential impacts on significant historic properties. The agency must allow the State Historic Preservation Office (SHPO) and the ACHP to comment on a proposed project. Read in full..

Archaeological and Historic Preservation Act of 1974

This Act is directed at the preservation of historic and archaeological data that would otherwise be lost as a result of federal construction. It authorizes the U.S. Department of the Interior to undertake recovery, protection, and preservation of archaeological and historic data. AHPA Document..

Archaeological Resource Protection Act of 1979

The purpose of this Act, also known as ARPA, is to secure the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources. . The law applies to any agency that receives information that a direct or federally assisted activity could cause irreparable harm to prehistoric, historic, or archaeological data and provides criminal penalties for prohibited activities. ARPA...

Native American Graves Protection and Repatriation Act

This law formally affirms the rights of Indian tribes, Native Alaskan entities, and Native Hawaiian organizations to custody of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony with which they have a relationship of cultural affiliation. NAGPRA..

American Indian Religious Freedom Act

The American Indian Religious Freedom Act (AIRFA) was passed in 1978 to “protect and preserve for American Indians their inherent right to freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonial and traditional rites.” Read in full...