National Park Service
Date of this Version
2-1994
Citation
U.S. Department of Interior, Archeological Assistance Program Technical Brief No. 16, February 1994.
Abstract
Introduction
The Archeological Resources Protection Act of 1979 (ARPA)1, as amended, provides a means to assertively protect the ancient and historic remains of the cultures that have inhabited Federal and Indian lands. The Act provides for criminal and civil penalties against those who excavate, remove, damage, or otherwise alter or deface archeological resources, or attempt to do so, without a permit.2 ARPA with its amendments and accompanying Uniform Regulations offer agencies flexible alternatives to employ in the preservation of resources under their protection.3
Criminal enforcement of ARPA has become an active part of the repertoire of agencies across the United States.4 It is not unusual for vehicles and the tools of the violation to be subjected to seizure in connection with the criminal prosecution.5 In contrast, civil prosecution under ARPA has been rarely and only recently pursued.6 The purpose of this technical brief is to provide a familiarity with the civil provisions of ARPA that may expand its future use.
Background of the civil process
Development of the civil law
Cooperative agreements
The civil advantage
Agency policy determination
Issues in the proof of a civil case
Jurisdiction
Identification
Protection of archeological resources
Authority of a permit
Calculating the amount of damage
Forfeiture
Intent, a non-issue in actions based on negligence
Procedural component of a civil case
Report to the land manager
Notice of the violation
Respondent’s options
Informal meeting
Petition for relief and formal hearing
Assessment of a penalty
Administrative hearing
Payment of the penalty
Forfeiture of vehicles and tools
Prognosis for use
Endnotes
Appendix A
Appendix B
Appendix C