Legal Basis and Methods

This technical brief describes and explains the archeological resource damage assessment process. The legal foundation for and the necessity of archeological damage assessments is described, as are the procedures for field damage assessment, value and cost determinations, and report preparation. Archeologists, attorneys, and law enforcement specialists involved in investigations of crimes against archeological resources must understand clearly the archeological resource damage assessment process and how to carry it out correctly. The credibility of these damage assessments directly affects the outcome of legal cases and the criminal or civil penalties imposed. In November 2002, a new sentencing guideline issued by the United States Sentencing Commission became effective. This document, entitled, “Cultural Heritage Guideline, ” provided the federal judicial system with consistent, rational procedures for developing potential sentences for those convicted of crimes involving cultural heritage resources, including various kinds of archeological resources. Prohibited activities include, among other things, damage to or destruction of archeological resources, unauthorized removal of artifacts, features, or other components from protected sites, theft, and illegal trafficking