Are there penalties for vandalizing or looting archaeological sites on federal land?

What the Law Says

While 25 U.S.C. § 3001 is a definitions section of the Native American Graves Protection and Repatriation Act (NAGPRA), it establishes foundational terms used in enforcement provisions elsewhere—particularly in 18 U.S.C. § 1170 (criminal penalties for trafficking in Native American human remains and cultural items) and 16 U.S.C. § 470ee (penalties under the Archaeological Resources Protection Act, ARPA). NAGPRA’s definitions help determine what qualifies for protection and prosecution.

The term 'Native American cultural property' includes human remains, funerary objects, sacred objects, and objects of cultural patrimony associated with Native American tribes or individuals. These items are protected when found on federal or tribal lands.

Although § 3001 itself does not impose penalties, it defines key terms used in substantive criminal statutes like 18 U.S.C. § 1170 and ARPA (16 U.S.C. §§ 470aa–mm), which do carry strict penalties for unauthorized excavation, removal, damage, or trafficking of such items from federal land.

Under ARPA (16 U.S.C. § 470ee), knowingly excavating, damaging, or defacing archaeological resources on federal land without a permit is punishable by up to 2 years in prison for first offenses—and up to 5 years for repeat or aggravated violations—plus fines up to $100,000.

Statutory Text

The term 'Native American cultural property' means human remains and any other object or item that is of cultural significance to a Native American tribe or individual.

— 25 U.S.C. § 3001 — Definitions

What to Do

Sources