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In 1906, President Theodore Roosevelt signed the Antiquities Act. This created the first comprehensive legal protection of cultural and natural resources in the United States. Since then, there have been other legal successes for conservation in the federal state. The National Park Service provides an overview of federal history preservation laws that affect federal archaeology and conservation. It is illegal to disturb the remains or burials of human skeletons. It is also illegal to receive, preserve, possess or dispose of a part of the human body (including bones) because he knows that it has been illegally removed from a grave. It is illegal to collect, detect, or dig metal on the state without federal permission. States include lakes and lands managed by the Army Corps of Engineers or the Bureau of Land Management. It also includes U.S. forests, national parks, national wildlife refuges, and military bases. Some archaeology programs, such as James Madison`s Montpellier Archaeological Digs, are designed for metal detector specialists and hobbyists to work with archaeologists. The combination of expertise has helped archaeologists better locate and protect the sites.

To collect surfaces, detect metal, or legally dig on state property, you need to check the permit requirements in your state. State possessions include state parks, historic sites, wildlife sanctuaries, and state forests. It also includes rights of way on state roads, navigable river and stream bottoms, and some coastlines. Your state historic preservation office or the Department of Natural Resources may ask you for more information. A historic domain (or resource) is defined in the NHPA [54 U.S.C. § 300308] as „a prehistoric or historic district, site, building, structure, structure or object listed on the National Register of Historic Places or that may be listed on the National Register of Historic Places, including artifacts, documents, and physical remains relating to that property or resource.“ According to National Registry Bulletin No. 36, „Guidelines for the Evaluation and Restitution of Archaeological Properties,“ an archaeological site is „a place that contains physical evidence of past human behavior that allows its interpretation.“ The term archaeological site refers to those that are eligible or registered in the National Register (Historic Immovable Property), as well as those that are not eligible for the National Register. The commonly used term cultural resource does not have a coherent or legal definition. The Register of Professional Archaeologists (RPA) maintains a list of archaeologists who have agreed to adhere to its code and standards of professionalism.

The Archaeological Ethics Database, managed by RPA and the Chartered Institute for Archaeologists, includes a number of resources related to ethics in archaeology. In the United States, it is legal to collect artifacts on private property if you have written permission from the landowner. Other requirements depend on the state. If you want to collect on private property or detect metals, contact your state`s Monument Protection Office for more information. Laws in the United States on federal and state lands protect archaeological sites. Those who violate these laws can be prosecuted. Laws that refer to private land distinguish between collecting surfaces (picking up objects lying on the ground) and all soil-disrupting activities, such as digging artifacts. State and state laws do not distinguish between the collection of surfaces and the digging of artifacts. In other words, removing artifacts from the state and the state is illegal. Violation of these laws has serious consequences.

These include the possibility of fines, imprisonment and seizure of the metal detector and other equipment used in the offence (e.g. vehicles). Other laws may apply, including theft, destruction of property, vandalism, and driving in prohibited areas. Learning to read a federal law is an important skill that Americans need to be aware of. This lesson plan guides your class through the anatomy of a federal law using the example of the Archaeological Resources Protection Act (RRPA). The Antiquities Act of 1906 was the first law in the United States to protect archaeological sites and collections. Over time, Americans realized that the law needed more specific language and penalties for inappropriate excavations of archaeological resources. As a result, the U.S. Congress passed a new law in 1979, the Archaeological Resources Protection Act.

Congress amended ARPA in 1988 and 1995 to strengthen the permitting procedures required to conduct archaeological fieldwork on land originally required by the Antiquities Act. It also sets stricter fines and penalties for unauthorized searches of the state. Mitigation is a means of remedying or offsetting a negative effect or change in the eligible characteristics of a historic property in a manner that compromises its integrity. Treatment is the act of mitigating these effects or implementing mitigation measures agreed in consultation. Thus, a mitigation plan for the business may include multiple treatment plans, one for each property that is negatively affected.