The sessions shown below address activities associated with the Descriptions for Archaeological Resources Protection Act. There are sessions addressing Intro, Antiquities Act, Archaeological Resources Protection Act, Elements of Criminal Law, Calculations of Damages, and Actual ARPA Case Issues.
Descriptions for Archaeological Resources Protection Act
| 1. Intro – Overview for Archaeological Resources Protection Act ( 03:57)Description: The Archaeological Resources Protection Act, ARPA, of 1979 is not the first cultural resource protection law. That honor goes to the Antiquities Act of 1906. ARPA provides a range of option to employ to suit the particular case with the goal of making those who loot and damage archaeological sites accountable and to deter further destructive activity. 01:05:01 The ARPA basics of criminal and civil enforcement will be covered in this session, while other sessions will go into greater detail on other aspects of the law, such as civil remedies.
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| 2. Antiquities Act (09:15)Description: Congress was concerned about the looting on the public lands, and so it passed the Antiquities Act of 1906, and it is important here that we go back and look at a little of the historical underpinnings of ARPA to better understand the law and to look at what enduring aspects of the Antiquities Act we can still apply to cultural resources protection. The Antiquities Act of 1906 gave us three things... it instituted permits for study on federal land. The federal government took control of the management of sites on public lands and instituted formal permits for scientific data recovery. Secondly, it established the authority for national monuments. And third, there are penalties for the destruction of antiquities.
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| 3. Archaeological Resources Protection Act (01:58)Description: So now we come back to the Archaeological Resources Protection Act, and the scope of the law is many faceted. It is both an education, a permitting and a protection statute. We know that there are criminal and civil enforcement provisions in the law and that there can be a forfeiture of the tools and vehicles used in the commission of an ARPA offense. We'll have an entire session dedicated to forfeiture as part of this series.
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| 4. Elements of Criminal Law (10:09)Description: There are elements of the criminal law, and we'll go through the elements now. The four elements are: Jurisdiction, Protected Items, Prohibited Acts, and the Aspect particular to ARPA in terms of Lack of Permission.
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| 5. Calculations of Damages (06:01)Description: The aspect of ARPA, not part of the guilt finding, but the next aspect is the calculation of damages. Now, damage under ARPA is calculated for two purposes... one, it's to determine the offense level. If the amount of damage is over $500, then there is a felony. If it's less than $500, then the offense level is a misdemeanor. The second reason that we look at damages in a criminal case is calculation of the time of sentence, as to the sentence offense level. The final session, one of the sessions in this series, will talk just about 2(b)1.5 and the sentence guidelines with regard to cultural resource crimes, but you would consider damages then for either the offense level or the sentence in the case.
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| 6. Actual ARPA Cases (09:43)Description: Now I want to turn to some actual cases and focus on some issues that have arisen, but I don't want to give the impression that because we're discussing these issues that they arise in most of the cases. In fact, there have been a good number of ARPA cases that have been successfully prosecuted and have resulted in the protection of many resources where these issues have not arisen, in fact, the overwhelming number of cases. But to give you some additional assistance should these issues arise, I want to turn your attention first to a discussion of intent.
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