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Jurassic Law: South Carolina’s Paleontology and its connection with the Legal Field

A brief analysis of several state and federal laws regarding paleontology and archaeology and its possible implications in the legal field.

The Archaeological Resources Protection Act of 1979

In 1979, the Archaeological Resources Protection Act of 1979 (ARPA) was passed. 16 U.S.C.A. § 470aa (West). The Antiquities Act proved ineffective protecting historical sites from criminal looting. Several improvements from the Antiquities Act were present in ARPA: the implementation of more law enforcement at archaeological sites, more defined descriptions of prohibited activities (including illegal trafficking, and interstate and international law in violation of state statutes), and an increase in punishment for those who violated the act. For a felony offense, first time offenders can be fined up to $20,000 and imprisoned for up to one year. Second time felony offenders can be fined up to $100,000 and imprisoned for up to five years.

The Paleontological Resources Preservation Act

In 2009, Congress passed the Paleontological Resources Preservation Act (PRPA).  16 U.S.C.A. § 470aaa-5 (West). PRPA directs the Department of Agriculture and the Department of the Interior to manage and protect paleontological resources on Federal land using scientific principles and expertise. The agencies were directed to establish a program to increase public awareness about the significance of paleontological resources. In response to this, the NPS established National Fossil Day to address to promote the scientific and educational values of fossils. Under the act, paleontological resource crimes carry civil and criminal penalties. An example is imprisonment for no more than five years, and multiple offenses can double the sentence. PRPA also allows permits to be granted for the collection of paleontological resources.

Federal Lands in South Carolina...

Alongside the multiple state laws, federal legislation been passed to protect the paleontological community. South Carolina has multiple national parks and landmarks, such as Congaree National Park and the Francis Marion National Forest. The following congressional acts govern these lands.

Examples of National Parks and Monuments in the United States

John Day Fossil Beds National Monument- Oregon

Florissant Fossil Beds National Monument- Colorado

Badlands National Park- South Dakota

Dinosaur National Monument- Utah

Yosemite National Park- California

Yellowstone National Park- Wyoming