Archaeology and Cultural Heritage Law: Protecting Historical and Cultural Resources

 

Cultural heritage law governs the legal protection of historical sites, archaeological resources, cultural objects, and intangible cultural heritage. As societies increasingly recognise the importance of preserving their historical and cultural legacy, the legal frameworks governing cultural heritage have expanded and become more complex. Understanding cultural heritage law is important for developers, archaeologists, museums, collectors, governments, and indigenous communities.

 

At chambord-archeo.org you will find a legal resource covering cultural heritage law, archaeological resource protection, museum and collection law, repatriation of cultural property, and the full range of legal issues that arise at the intersection of law and the preservation of historical and cultural resources.

 

Federal and State Archaeological Protection

In the United States, multiple federal laws protect archaeological resources on federal and tribal lands. The Archaeological Resources Protection Act (ARPA) prohibits the excavation, removal, or damage of archaeological resources on federal lands without a permit, and imposes criminal and civil penalties for violations. The National Historic Preservation Act (NHPA) requires federal agencies to consider the effects of their actions on properties listed on or eligible for listing on the National Register of Historic Places.

 

Cultural heritage law is a branch of law that deals with the preservation, control, and protection of cultural property. State laws provide additional protections for archaeological resources on state-owned lands and establish procedures for the treatment of archaeological resources discovered during construction on private land.

 

The National Historic Preservation Act and Section 106 Review

Section 106 of the National Historic Preservation Act requires federal agencies to consider the effects of their undertakings on historic properties and to consult with the State Historic Preservation Officer (SHPO), tribal historic preservation officers (THPOs), and other interested parties before taking action that could affect those properties.

 

The Section 106 review process is one of the most important mechanisms for protecting historic properties from damage or destruction. It requires a good-faith consultation with stakeholders and the consideration of alternatives that would avoid or minimise adverse effects. While Section 106 does not give any party a veto over a federal undertaking, it provides an important forum for raising concerns about the impacts of development on historic resources.

 

Repatriation of Cultural Property

The Native American Graves Protection and Repatriation Act (NAGPRA) requires federal agencies and institutions receiving federal funding to inventory human remains, funerary objects, sacred objects, and objects of cultural patrimony that were acquired from Native American and Native Hawaiian groups, and to return these items to the appropriate tribes upon request.

 

The Market for Antiquities and Cultural Objects

The international market for archaeological objects and cultural property is subject to increasing legal scrutiny. The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property established 1970 as the benchmark date for establishing the provenance of cultural objects, and many museums and responsible dealers refuse to acquire objects without documentation of provenance predating 1970.

 

Intellectual Property in Cultural Heritage

Cultural heritage organisations face intellectual property questions in connection with the reproduction of images of objects in their collections, the digitisation of cultural heritage materials for public access, and the development of programmes and exhibitions based on historical material.