Cultural Property Law A Practitioner's Guide to the Management, Protection, and Preservation of Heritage Resources

by Hutt, Sherry; Blanco, Caroline Meredith; Stern, Walter E.; Harris, Stan N.

• ISBN13: 9781590312902
• ISBN10: 1590312902
• Format: Paperback
• Copyright: 2004-08-11
• Publisher: American Bar Association

Summary

Cultural Property Law is a practical guide to the application and interpretation of the statutes and codes that direct the management, protection, and preservation of cultural property.

Table of Contents

Acknowledgments	p. viii
About the Authors	p. ix
Introduction	p. xi
Federal Management of Cultural Property	p. 1
Compliance Laws	p. 2
Judicial Review of Compliance: The Administrative Procedure Act	p. 3
Statutes Applicable to Certain Federal Activities	p. 5
The National Historic Preservation Act	p. 5
The Department of Transportation Act	p. 15
The National Environmental Policy Act	p. 18
Historic Sites Acts	p. 23
The Archaeological and Historic Preservation Act/The Historic and Archaeological Data Protection Act of 1974	p. 23
The Antiquities Act	p. 24
The Native American Graves Protection and Repatriation Act	p. 25
Curation Regulations of the Archaeological Resources Protection Act	p. 34
Executive Orders Pertaining to Cultural Property	p. 36
Land and Resources Management Statutes	p. 37
The Federal Land Policy and Management Act of 1976	p. 37
The National Forest Management Act/The Multiple-Use Sustained-Yield Act of 1960	p. 38
The National Park Service Organic Act	p. 39
The Coastal Zone Management Act of 1972	p. 40
The National Marine Sanctuaries Act	p. 41
Issues in Compliance	p. 41
Frequently Asked Questions Concerning Compliance	p. 43
Federal Permitting Authority Concerning Cultural Property	p. 47
The Antiquities Act	p. 48
The Archaeological Resources Protection Act	p. 50
The National Marine Sanctuaries Act	p. 50
General Permits	p. 51
Issues in Permits	p. 51
Frequently Asked Questions Concerning Permits	p. 52
Enforcement Laws and Remedies	p. 52
The Archaeological Resources Protection Act	p. 53
The Native American Graves Protection and Repatriation Act	p. 58
The Antiquities Act	p. 60
The National Park System Resources Protection Act	p. 61
Theft and Destruction	p. 62
Embezzlement	p. 62
Code of Federal Regulations Violations	p. 62
Issues in Federal Enforcement	p. 63
Frequently Asked Questions Concerning Enforcement	p. 64
State, Local, and Private Management of Cultural Property	p. 75
Selected State Compliance Laws	p. 76
Historic and Archaeological Resources	p. 77
Health and Safety	p. 79
Zoning	p. 81
State Environmental Statutes	p. 83
Issues in State Compliance	p. 86
Frequently Asked Questions Concerning State Compliance	p. 86
State and Local Enforcement Laws	p. 86
State Criminal Codes	p. 87
Local Ordinances	p. 90
Issues in State and Local Enforcement	p. 91
Frequently Asked Questions Concerning State and Local Enforcement	p. 91
Tribal Management of Cultural Property	p. 95
Federal Laws Applicable to Tribes	p. 97
The Archaeological Resources Protection Act	p. 97
The Native American Graves Protection and Repatriation Act	p. 99
The National Historic Preservation Act	p. 101
The Indian Arts and Crafts Act	p. 103
The American Indian Religious Freedom Act	p. 107
Sacred Sites	p. 108
Tribal Codes	p. 109
Compliance Codes	p. 110
Enforcement Codes	p. 110
The Common Law and Tribal Cultural Property	p. 111
Tort	p. 111
Contracts and Other Remedies	p. 112
Intellectual Property	p. 113
Issues in Tribal Management of Cultural Property	p. 115
Frequently Asked Questions Concerning Tribal Management of Cultural Property	p. 116
Federal Management of Underwater Cultural Property	p. 121
Location of the Underwater Cultural Property	p. 122
The Common Law of Finds and Admiralty/Maritime Law	p. 123
Federal Laws Applicable to Underwater Cultural Property	p. 125
The Abandoned Shipwreck Act	p. 125
The National Marine Sanctuaries Act	p. 126
The RMS Titanic Maritime Memorial Act	p. 128
Other Federal Statutes Applied to the Marine Environment	p. 129
Issues in Federal Management of Underwater Cultural Property	p. 130
Frequently Asked Questions Concerning Federal Management of Underwater Cultural Property	p. 131
Museum Management of Cultural Property	p. 135
Ownership of the Collection	p. 135
Accessioning	p. 137
Use and Loan	p. 142
Care-Fiduciary Duty	p. 148
Deaccession/Repatriation	p. 151
Protection Laws	p. 155
Federal Laws	p. 155
State Laws	p. 159
Ethics in Museum Management of Cultural Property	p. 160
Issues in Museum Management of Cultural Property	p. 160
Frequently Asked Questions Concerning Museum Management of Cultural Property	p. 162
Cultural Property in the Marketplace	p. 167
Buyers and Sellers: Rights and Risks	p. 168
The Nature of the Transaction	p. 168
Contracts	p. 169
The Uniform Commercial Code and the Art Market	p. 169
Insurance	p. 170
Property Rights of Artists	p. 171
Personal Rights: The Visual Artists Rights Act	p. 171
Copyright	p. 172
Third Parties: Appraisers and Auctioneers	p. 173
Appraisal Standards and Obligations	p. 173
Liabilities of Appraisers	p. 174
Auction Transactions	p. 174
Liabilities of Auctioneers	p. 175
Common Law and Cultural Property in Commerce	p. 176
Bailment/Abandonment	p. 176
Adverse Possession	p. 177
Laches	p. 178
Lost/Found/Mislaid	p. 178
State Laws Devoted to Cultural Property in the Marketplace	p. 179
New York	p. 179
California	p. 180
Other States	p. 181
Special Considerations for Certain Types of Cultural Property	p. 181
Private Collections of Cultural Property	p. 181
Commissions for Public Art	p. 182
Electronic Media and the Arts	p. 183
Prints	p. 184
Issues in Cultural Property in the Marketplace	p. 184
Frequently Asked Questions Concerning Cultural Property in the Marketplace	p. 185
International Laws on Cultural Property	p. 189
The United States as an Import/Export Country: Treaties and Laws	p. 190
Early Treaties	p. 190
International Protection Treaties	p. 193
Enforcement of International Trafficking in Cultural Property	p. 197
The National Stolen Property Act	p. 197
The Cultural Property Implementation Act	p. 198
War Booty	p. 200
Issues in International Laws on Cultural Property	p. 200
Frequently Asked Questions Concerning International Laws on Cultural Property	p. 201
Table of Authorities	p. 205
Federal Authorities	p. 205
State Authorities	p. 213
Glossary of Law	p. 217
Annotated Bibliography	p. 219
Cases	p. 219
Books and Journal Articles	p. 238
Web Sites	p. 253
Index	p. 255
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