Introduction
What do Indiana Jones and the Antiquities Act of 1906 have in common? They are both dedicated to the preservation of ancient ruins and artefacts. However, unlike the famous archaeologist, the Act played an important role in establishing many national parks. The Act gave the President of the United States broad powers to set aside land as “national monuments.” In theory, this was meant as a measure to help protect important ruins, historical sites, and objects. In practice, however, Presidents could use the “national monument” designation to preserve broad areas of land. National Parks were created by Congress, which often meant that their establishment was delayed or disrupted by political maneuvering and outside interests. Presidents looking to bring immediate protection to landmarks and natural sites often turned to the Antiquities Act, declaring the locations as National Monuments. By the late twentieth century, almost a hundred National Monuments had been created by the President – many of which turned into National Parks, including Grand Teton National Park, Grand Canyon National Park, Olympic National Park, and more. [1]
[1] Righter, Robert W. “National Monuments to National Parks: The Use of the Antiquities Act of 1906.” The Western Historical Quarterly 20, no. 3 (1989): 281–301. https://doi.org/10.2307/969536.
Short summaries of each section, in green font, are located above their respective section.
ANTIQUITIES ACT, 1906
AN ACT FOR THE PRESERVATION OF AMERICAN ANTIQUITIES,
Approved June 8,1906 (34 Stat. 225)
Section 1:
Summary: The U.S. Senate and House of Representatives decree that historic or prehistoric ruins, sites, and objects that are located on government land are to be protected. Anyone who takes, digs up, damages, or destroys them can be fined $500, put in prison for up to 90 days, or both.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. (U.S.C., title 16, sec. 433.)
Section 2:
Summary: The Act gives the President power to declare locations, buildings, and objects “of historic or scientific interest” as national monuments, when they are on government land. The limits given for these sites – “the smallest area compatible with the proper care and management of the objects” – are vague, giving the President a large loophole that enables a broad usage of this power.
That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fied unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States. (U.S.C., title 16, sec. 431.)
Section 3:
Summary: This section establishes that the Secretaries of the Interior, Agriculture, and War can allow examination, excavation, and collect of antiquities on lands under their jurisdiction to organizations they believe are properly qualified, as long as the work is done to benefit “recognized scientific or educational institutions” and to preserve and educate others about the antiquities.
That permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which the may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulation as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public
museums. (U.S.C., title 16, sec. 432.)
Section 4:
Summary: The Secretaries described above can set out the rules and regulations to guide how the Act’s provisions are applied.
That the Secretaries of the Departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this Act. . (U.S.C., title 16, sec. 432.)
Summaries written by Samuel Holman