American Archaeology Laws

As the co-owner and operator of the Smoky Mountain Relic Room in Sevierville, TN, Chase Pipes educates the public on ancient history, archaeology, and culture via his store’s diverse collection of artifacts, meteorites, and related objects. Besides explaining the origins of all artifacts at his store, Chase Pipes emphasizes the importance of following all laws related to archaeological digs at all levels of government at the dig site and eventual point of sale.

Interest in legislation defining the scope and legality of archaeological excavation in the United States began in the late 1800s due to increasing incidents of taking resources from and destroying ruins throughout the country. Advocates also cited growing interest in American archaeology abroad due to exhibitions displaying artifacts at events like the 1893 World’s Fair in Chicago. The Antiquities Act of 1906, passed by President Teddy Roosevelt, states that via executive action, the president can declare a location as a national monument and that any relics or resources found on the property are subject to federal protection.

Though a useful tool for its time, the Antiquities Act failed to define enforcement measures and punishments for breaking it. Rather than amending the law to fill these gaps, President Jimmy Carter signed the Archaeological Resources and Protection Act (ARPA) in 1979. Not only did ARPA increase the fines and prison terms associated with defacing protected lands, but it also forbade selling artifacts excavated illegally on the international market.