ARPA Excavation & Removal Permit Glossary: Key Terms & Definitions for Developers and Consultants
ARPA Excavation & Removal Permit Key Terms & Definitions
Archaeological resource: Any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to the Archaeological Resources Protection Act (ARPA) (16 U.S.C. §470bb(1)).
Archaeological Resources Protection Act (ARPA): A federal law enacted in 1979 to protect archaeological resources on public lands and Indian lands. ARPA regulates the excavation, removal, and disposition of archaeological resources through a permitting system (16 U.S.C. §470aa-470mm).
ARPA permit: A permit issued under the Archaeological Resources Protection Act (ARPA) that authorizes the excavation or removal of archaeological resources from public lands or Indian lands (16 U.S.C. §470cc).
Artifact: Any material remains of past human life or activities that are of archaeological interest, including pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items (16 U.S.C. §470bb(1)).
Bureau of Indian Affairs (BIA): A federal agency within the Department of the Interior responsible for the administration and management of land held in trust for Native American tribes, including the issuance of ARPA permits on Indian lands.
Bureau of Land Management (BLM): A federal agency within the Department of the Interior responsible for administering public lands, including the issuance of ARPA permits on BLM-managed lands.
Consultation: The process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding matters arising in the Section 106 process (36 CFR §800.16(f)).
Cultural resource: A broad term that includes archaeological sites, historic structures, cultural landscapes, and traditional cultural properties that are significant to a community or culture.
Curation: The management and preservation of archaeological collections, including artifacts, records, and other materials, in accordance with professional standards and practices (36 CFR §79.4(b)).
Federal land manager: With respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands, including persons to whom such management authority has been delegated (16 U.S.C. §470bb(2)).
Indian lands: Lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or Indian individual (16 U.S.C. §470bb(4)).
Material remains: Physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated (16 U.S.C. §470bb(1)).
Mitigation: Actions taken to avoid, minimize, or compensate for adverse effects on archaeological resources, such as data recovery, site protection, or public interpretation.
National Environmental Policy Act (NEPA): A federal law enacted in 1969 that requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions (42 U.S.C. §4321 et seq.).
National Historic Preservation Act (NHPA): A federal law enacted in 1966 that establishes the federal historic preservation program and requires federal agencies to consider the effects of their undertakings on historic properties (54 U.S.C. §300101 et seq.).
National Park Service (NPS): A federal agency within the Department of the Interior responsible for managing national parks, monuments, and historic sites, including the issuance of ARPA permits on NPS-managed lands.
Permit area: The area of land or water within which the permittee is authorized to conduct archaeological investigations, as specified in the ARPA permit.
Permittee: The individual or institution to whom an ARPA permit is issued and who is responsible for ensuring compliance with the permit terms and conditions.
Public lands: Lands owned and administered by the United States as part of the national park system, national wildlife refuge system, or national forest system, and all other lands the fee title to which is held by the United States (16 U.S.C. §470bb(3)).
Qualified individual: An individual who meets the Secretary of the Interior's Professional Qualification Standards for archaeology (36 CFR Part 61, Appendix A).
Research design: A written plan that outlines the goals, methods, and expected outcomes of an archaeological investigation, as required for an ARPA permit application (43 CFR §7.6(b)(2)).
Section 106: The section of the National Historic Preservation Act (NHPA) that requires federal agencies to consider the effects of their undertakings on historic properties and to provide the Advisory Council on Historic Preservation a reasonable opportunity to comment (54 U.S.C. §306108).
Site management plan: A written plan that describes how an archaeological site will be protected, monitored, and maintained during and after an ARPA-permitted project, as required for an ARPA permit application (43 CFR §7.6(b)(4)).
State Historic Preservation Officer (SHPO): The official appointed or designated pursuant to Section 101(b)(1) of the National Historic Preservation Act to administer the State historic preservation program (54 U.S.C. §300301).
Tribal Historic Preservation Officer (THPO): The tribal official appointed by the tribe's chief governing authority or designated by a tribal ordinance or preservation program who has assumed the responsibilities of the State Historic Preservation Officer for purposes of Section 106 compliance on tribal lands (54 U.S.C. §300316).
Undertaking: A project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval (54 U.S.C. §300320).
U.S. Fish and Wildlife Service (USFWS): A federal agency within the Department of the Interior responsible for managing national wildlife refuges and endangered species, including the issuance of ARPA permits on USFWS-managed lands.
U.S. Forest Service (USFS): A federal agency within the Department of Agriculture responsible for managing national forests and grasslands, including the issuance of ARPA permits on USFS-managed lands.
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the . However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.