Home » Stewardship » Laws and Ethics

Laws and Ethics

President George Bush signing the Native American Graves Protection and Repatriation Act into law, 1990. Retrieved from Google.

Historic and prehistoric places, objects and intangible elements (like language, culture, viewsheds) are important to understanding our past, and the past of other peoples who call this land home. Throughout the history of the United States, federal, state, and local governments have drafted and passed laws to protect the history of the United States and the history that predates it. Cultural heritage laws help to preserve and protect history for generations to come. Protecting these places, things, and sometimes people is part of ensuring they are treated ethically, cared for with respect, and can continue to teach us about the past, present and future, and enjoyed by people around the world.

When you visit archaeological sites in southeast New Mexico and around the country, elements of those places are protected by one or many of these heritage laws. These laws are driven by our collective ethical duty to preserve the past for past, present, and future generations.

For more information on how to help preserve and protect public lands:

“We have fallen heirs to the most glorious heritage a people ever received, and each one must do his part if we wish to show that the nation is worthy of its good fortune”

Theodore Roosevelt

What is the Antiquities Act?

On June 8th, 1906, President Theodore Roosevelt signed into law the Antiquities Act. The Antiquities Act was the first of its kind to provide legal protections for archaeological sites on federal land in the U.S. Both cultural and natural resources are protected by the act, as long as they are found to have historic or scientific interest to present and future generations. 

What does the Antiquities Act do?

Broadly, the Act requires land managing agencies (like the National Park Service, National Forest Service, or Bureau of Land Management) to protect and preserve the scientific, cultural, historical and commemorative values of public lands. It also allows U.S. presidents to set aside lands for these protections by designating them as national monuments. As of June 2023 (the 117th anniversary of the Antiquities Act), presidents have created 161 national monuments. Many of these have become National Parks, including Carlsbad Caverns National Park. President Coolidge used the Antiquities Act to designate Carlsbad Caverns a national monument in 1923 and Congress established it as a National Park in 1930.

Why was it passed? 

The Antiquities Act was passed in an effort to preserve and protect national treasures from individuals who looted sites and sold objects for personal gain. During the latter half of the 19th century, finding and looting archaeological sites had become a popular American pastime. Looting was particularly heavy in the American Southwest at sites like Chaco Canyon, which was designated a national monument in 1907. As it became obvious that too many cultural places were being plundered, federal officials acted to protect them. New Mexico and the greater Southwest region played an important role in the protection of archaeological sites and cultural landscapes throughout the country. 

To learn more about the Antiquities Act, visit: https://www.nps.gov/subjects/archeology/antiquities-act.htm

What is the NHPA? 

On October 15th 1966, Congress signed the National Historic Preservation Act into law. The NHPA is a federal law that governs how we establish and treat places that define our national history. Under this law, historic places find protection from modern development at the federal and state levels. 

What does NHPA do? 

The NHPA works towards protecting historic places in several ways. Firstly, it establishes a relationship between the federal government and state/tribal governments. In this relationship, the federal government provides funding and other support to ensure that places that may not be on federal land are protected. The law also requires agencies using federal funds, working under federal permits, or working on federal land to consider and reduce the impact that they have on historic places. An advisory council, established under NHPA, oversees these processes and works towards ensuring historic places are protected. The NHPA also established the National Register of Historic Places. To be a historic place, buildings, sites, structures, objects, or districts must be over 50 years old. Currently, there are over 1.4 million resources listed on the National Register.

To find historic places near you, visit https://www.nps.gov/subjects/nationalregister/index.htm

Why was it passed?

Throughout the 1940’s and after the end of World War II, modern expansion and renewal was booming. Making way for new buildings, vehicles, and even new people meant demolishing the old. In huge numbers buildings, neighborhoods, districts, even cemeteries were bulldozed to make way for the new. The large-scale demolition of historic places raised awareness that targeted action to preserve history was necessary. In 1965 President Lyndon B. Johnson created a committee on historic preservation to ensure the protection of these places. The committee delivered a convincing report to Congress, and by the end of 1966 Congress passed the NHPA.

To learn more about NHPA, visit: https://www.nps.gov/subjects/historicpreservation/national-historic-preservation-act.htm

What is ARPA?

Congress passed the Archaeological Resources Protection Act on October 3rd, 1979. ARPA is similar to the Antiquities Act in that it provides protection of archaeological sites. It protects these resources on public and tribal lands by clearly outlining what is protected and how those protections should be enforced. Unlike the Antiquities Act, ARPA sets robust, legal consequences for those caught in violation. Under ARPA, archaeologists and law enforcement are able to prosecute looters.

What does ARPA do? 

The Archaeological Resources Protection Act makes it illegal to collect objects from archaeological sites, to trafficking those objects, and to share sensitive information about protected sites. For people found breaking this law after the law was passed in 1979, they can face a potential penalty of 2 years in prison and a $25,000 fine. The law also makes defacing these sites illegal. People found carving into rock or making graffiti at these sites (like National Parks) face similar penalties. 

The Act also makes sure that professional archaeologists are held accountable as well. Under the act, professional archaeologists must have approved permits and must consult with Indigenous tribes before starting excavations on public or tribal lands. To learn more about consultation and its benefits, visit the Consultation page. 

Why was it passed?

Although the Antiquities Act was the first of its kind to protect archaeological resources, it lacked clear definitions of the “archaeological sites” and objects that it protected. As a result, the law often failed to deter looting or provide legal consequences for those breaking the law. In 1974, judges ruled that the Antiquities Act was too vague to be enforced, and a new law was drafted. ARPA was passed as a follow-up to the Antiquities Act over 70 years later.

To learn more about ARPA, visit: https://www.nps.gov/subjects/archeology/archaeological-resources-protection-act.htm

What is NAGPRA?

On November 16th 1990, Congress passed the Native American Graves Protection and Repatriation Act. NAGPRA is a law that works towards the respectful return of Indigenous sacred objects and ancestors that have been held in repositories like museums and universities since being collected or looted from archaeological sites across America. The law acknowledges that these sacred things and people belong to their lineal descendants and tribes. At the same time, NAGPRA encourages an open dialogue between Indigenous communities, archaeologists, and these institutions. Often, all work together to promote respect in the field and in museums, using Indigenous knowledge as an important and valuable resource. 

What does NAGPRA do?

NAGPRA requires federal institutions and institutions who receive federal funds to inventory their collections in order to locate objects that might fall under the protection of the law. These objects include human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony (objects that are collectively owned by the tribe, not a single individual). The law requires that these repositories consult with descendants or Indigenous communities, that they evaluate repatriation requests, and that they give public notice before officially repatriating objects. 

NAGPRA also sets up consequences for institutions who do not take these steps, including criminal prosecution and civil penalties. 

Today, over 1.86 million funerary objects, 353,000 unassociated funerary objects, 22,600 other cultural items, and 92% of culturally affiliated human remains have returned home. However, although more than 32 years have passed since NAGPRA was enacted, only 32% of museums have repatriated all of the NAGPRA objects held in their collections. 

Why was it passed?

For many years in the United States, private collectors, looters, and professional archaeologists removed cultural items and ancestors from sacred sites across the country. Some of these objects and people ended up in private collections, some in private museums, and some in public repositories like museums. For Indigenous communities, the desecration of their ancestors and their culture has left a deep wound. Beginning with the Native American civil rights movement in the 1960’s, the U.S. government slowly began righting these wrongs. First by passing the American Indian Religious Freedom Act in 1978 and then again by passing the Native American Graves Protection and Repatriation Act in 1990. The federal government still has a long way to go, but beginning the return of sacred items and ancestors was a big step towards repairing broken relationships between the United States government and tribal governments. 

To learn more about NAGPRA, visit: https://www.nps.gov/subjects/archeology/napgra.htm