Miscellaneous Papers Nos. 33 and 34

Description

Authors: (Paper 33) Collins, Robert Bruce; (Paper 34) Green, Dee F.

Publisher: U.S.D.A. Forest Service

Pub Date: 1980

Binding: Paperback

Condition: Fair.  Ex-corporate library.  Stapled binding tight.  No tears, bends or folds.  Library tag taped to bottom front corner at spine foot.  Very light edge and corner wear.

Notes: Paper 33: The Meaning Behind ARPA: How the Act Is Meant to Work.  Paper 34: Prosecuting Under ARPA: What to Do Until the Regulations Arrive.  ARPA = Archaeological Resources Protection Act of 1979.  Several pothunters on trial challenged the constitutionality of the Antiquities Act of 1906 as being unconstitutionally vague–some courts agreed, some disagreed–when it came to prosecuting the pothunters.  In response the government (primarily the Senators and Representatives of Arizona and New Mexico) introduced ARPA, signed into law by President Jimmy Carter on October 31, 1979.  ARPA provided definitions of the terms “ruin,” “monument” and “object of antiquity” in place of the term “archaeological resource” (now defined as “…any material remains of past human life or activities which are of archaeological interest…”  Since “archaeological interest” is itself an indefinite term, the act defined “archaeological interest” as “at least 100 years of age.”  Collins, the author of Paper 33, is a former U.S. Attorney, and author of the criminal penalties portion of the bill.