U.S. Code » Title 16 » Chapter CHAPTER 1B— ARCHAEOLOGICAL RESOURCES PROTECTION

16 U.S.C. § 470aa

Congressional findings and declaration of purpose

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(a) The Congress finds that—(1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation’s heritage;(2) these resources are increasingly endangered because of their commercial attractiveness;(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.(b) The purpose of this chapter is to secure, for the present and future benefit of the American people, 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 and data which were obtained before October 31, 1979.(Pub. L. 96–95, § 2, Oct. 31, 1979, 93 Stat. 721.)Statutory Notes and Related SubsidiariesShort Title

Pub. L. 96–95, § 1, Oct. 31, 1979, 93 Stat. 721, provided that: “This Act [enacting this chapter] may be cited as the ‘Archaeological Resources Protection Act of 1979’.”

Galisteo Basin Archaeological Sites Protection

Pub. L. 108–208, Mar. 19, 2004, 118 Stat. 558, known as the “Galisteo Basin Archaeological Sites Protection Act”, provided for the preservation, protection, and interpretation of nationally significant archaeological resources in the Galisteo Basin of New Mexico by designating Galisteo Basin Archaeological Protection Sites and their acreage and provided for addition, deletion or modification of the sites, administration, cooperative agreements, acquisition of land and interests, withdrawal of lands from mining and other public land laws, and construction of the Act.

Notes of Decisions
Cited in 29 cases (3 in the last 5 years), 1981–2026 · leading case: Lyng v. Nw. Indian Cemetery Prot. Assn., 485 U.S. 439 (1988).
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Lyng v. Nw. Indian Cemetery Prot. Assn., 485 U.S. 439 (1988). · cites it 2× “§§ 470f, 470h-2(f); the Archaeological Resources Protection Act, 16 U. S. C. § 470aa et seq.; the National Environmental Policy Act of 1969, 42 U.”
United States v. Quarrell, 310 F.3d 664 (10th Cir. 2002). · cites it 2× “Quarrell and Michael Quarrell appeal their convictions of violating the Archaeological Resources Protection Act (ARPA), 16 U.S.C. §§ 470aa et seg., and conspiring to violate ARPA pursuant to 18 U.”
Bailey v. State Ex Rel. Bd. of Tests for Alcohol & Drug Influence, 2022 OK 50 (Okla. 2022). · cites it 3× “2002) (when a defendant is charged with "knowingly" violating the Archaeological Resources Protection Act (16 U.S.C. §§ 470aa et seq .), the purpose of the Act is not frustrated by defendant raising the defense based on his reasonable belief that he was lawfully excavating on…”
Nation v. U.S. Dep't of the Interior, 819 F.3d 1084 (9th Cir. 2016). “In 1979, the Archaeological Resources Protection Act (ARPA), 16 U.S.C. §§ 470aa–470mm (1979), added new permit requirements, and the Park Service removed an additional six sets of remains pursuant to a federal permit.”
United States v. Earl K. Shumway, 112 F.3d 1413 (10th Cir. 1997). “16 U.S.C. § 470aa(a), (b). We agree with the district court the paltry sum of $9,122, the asserted cost of the artifact’s fair market value and cost of restoration and repair, fails to reflect adequately the extent of damage Mr.”
Crow Creek Tribe v. White, Thomas E., 331 F.3d 912 (D.C. Cir. 2003). “(2000) (providing notification and consultation procedures federal agencies must follow prior to a federal “undertaking” to consider the undertaking’s effect on historic properties); Archaeological Resources Protection Act (ARPA), 16 U.S.C. § 470aa et seq. (2000) (providing…”
Joan M. Klein v. The Unidentified Wrecked & Abandoned Sailing Vessel, Etc., 758 F.2d 1511 (11th Cir. 1985). “§ 1 ; Archeological Resources Protection Act of 1979, 16 U.S.C. § 470aa; 36 C.F.R. §§ 1.11 (a), 2.”
Klein v. Unidentified, Wrecked & Abandoned Sailing Vessel, 568 F. Supp. 1562 (S.D. Fla. 1983). · cites it 2× “The United States has claimed the vessel and its artifacts on the basis of a number of federal statutes including, National Park Service Act, 16 U.”
Leisnoi, Inc. v. Omar Stratman, 154 F.3d 1062 (9th Cir. 1998). “Leisnoi had also brought claims under the Archaeological Resources Protection Act, 16 U.S.C. § 470aa, and the National Environmental Policy Act, 42 U.”
Bonnichsen v. United States, 217 F. Supp. 2d 1116 (D. Or. 2002). “The fourth claim alleges that Defendants violated the Archaeological Resource Protection Act (ARPA), 16 USC § 470aa et seq., by failing to maintain the Kennewick Man remains “for the benefit of the American people,” failing to make the remains of the Kennewick Man available for…”
Chilkat Indian Vill. v. Johnson, 870 F.2d 1469 (9th Cir. 1989). · cites it 2× “§ 1163 (criminal sanctions for the theft or embezzlement of Indian tribal property); 16 U.S.C. § 470aa, et seq. (protection of archaeological resources removed from tribal lands).”
United States v. Arthur J. Gerber, 999 F.2d 1112 (7th Cir. 1993). · cites it 2× “Arthur Joseph Gerber pleaded guilty to misdemeanor violations of the Archaeological Resources Protection Act of 1979, 16 U.S.C. §§ 470aa et seq., and was sentenced to twelve months in prison, reserving however his right to appeal on the ground that the Act is inapplicable to his…”
Show all 29 citing cases →
— 16 U.S.C. § 470aa(a) — 2 cases
United States v. Earl K. Shumway, 112 F.3d 1413 (10th Cir. 1997). “16 U.S.C. § 470aa(a), (b). We agree with the district court the paltry sum of $9,122, the asserted cost of the artifact’s fair market value and cost of restoration and repair, fails to reflect adequately the extent of damage Mr.”
United States v. Shumway (10th Cir. 1997).
— 16 U.S.C. § 470aa(a)(1) — 1 case
United States v. Arthur J. Gerber, 999 F.2d 1112 (7th Cir. 1993). “Arthur Joseph Gerber pleaded guilty to misdemeanor violations of the Archaeological Resources Protection Act of 1979, 16 U.S.C. §§ 470aa et seq., and was sentenced to twelve months in prison, reserving however his right to appeal on the ground that the Act is inapplicable to his…”
— 16 U.S.C. § 470aa(a)(l) — 1 case
United States v. Quarrell, 310 F.3d 664 (10th Cir. 2002). “Quarrell and Michael Quarrell appeal their convictions of violating the Archaeological Resources Protection Act (ARPA), 16 U.S.C. §§ 470aa et seg., and conspiring to violate ARPA pursuant to 18 U.”
— 16 U.S.C. § 470aa(b) — 3 cases
United States v. John Ligon, United States of Am. v. Carroll Mizell, AKA Cal Smith, 440 F.3d 1182 (9th Cir. 2006).
United States v. Ligon (9th Cir. 2006).
Fein v. Peltier, 949 F. Supp. 374 (D.V.I. 1996).
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