Federal Statutory Scheme
Choosing or identifying the correct correct statue is critical for this area of the law. This area of law is almost completely governed by statues, thus choosing the correct statue has significant impacts. This section provides a list of the federal statues that govern this field.
Each specific section provides some general information about the statue it covers. This will help identify if the statue at issue governs the research question.
Choosing the Proper Statue
Each statue has specific definitions for the resources that it governs and the land/area it applies to. The following section will provide researchers a rough guide on which federal statue may govern, but deference to the text of the statue should be given over this outline.
Note: the links included in the specific statue pages are to Westlaw, which requires a subscription.
- Federal Cave Resources Protection Act.
- Generally applies to items, artifacts, and paleontological resources found in caves on federal land. This normally occurs in national parks.
- Paleontological Resources Protection Act
- Generally applies to fossilized remains found on federal lands.
- Convention on Cultural Implementation Act
- Generally applies to items of cultural significance as defined by agreements between nations. It seeks to prevent the removal of these items from their country of origin. This act has an international focus.
- The National Historical Prevention Act
- Generally applies to federally designated sites of national significance or importance.
- Native American Graves Protection Repatriation Act
- Generally applies to items of cultural, sacred, or historical significance to federally recognized tribes. It seeks the return of these items of they have been taken by institutions that are a receipt of federal funding.
- Archaeological Resources Protection Act
- Generally applies to archaeological resources, which broadly includes a number of things. This applies on public and indian lands.