Note The library cannot tell you what the law means for your situation.

Texas & Federal Laws

Below are statutes about artifact excavation or removal. Federal laws on abandoned property primarily refer to archeological artifacts that a person may find and wish to keep. In some cases, unauthorized removal of artifacts is illegal. See the resources below for more information.

Texas Law

Texas Natural Resources Code, Chapter 191
This chapter discusses the collection of artifacts in Texas. It sets out permitting requirements for the collection of artifacts and the designation and protection of state landmarks. Criminal penalties are provided for several prohibitions including excavating without a permit, damaging or destroying Native American artifacts, and entering private land with the intent to steal or destroy artifacts.

Federal Law

Sections 431 - 433 in Title 16 of the U.S. Code
These sections discuss the protection of archaeological artifacts located on federal lands.
Chapter 1B in Title 16 of the U.S. Code
Provides more explicit guidelines for the enforcement of unauthorized excavation or removal of archaeological resources from public or Indian lands.
Chapter 32 in Title 25 of the U.S. Code
Provides for the return of certain Native American cultural or historical items to designated descendants or tribes. Includes penalties for illegal trafficking of Native American antiquities.
Chapter 39 in Title 43 of the U.S. Code
This act makes it illegal to disturb an abandoned shipwreck in U.S. waters that is eligible for the National Register of Historic Places.
Code of Federal Regulations, Title 43, Subtitle A, Part 3
The rules in this chapter of the Code of Federal Regulations (CFR) cover the preservation of antiquities including lands.

Understanding the Law

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in simple terms.

Found objects

Artifact Collecting in Texas (Texas Historical Commission)
This brochure gives information on what to do if you've found a potential artifact on private property or on public property.
What If I Find an Artifact? (National Parks Service)
This brochure describes what you should do if you find a potential historical artifact in a National Park.

Antiquities Act

Antiquities Act of 1906 (National Parks Service)
This article from the NPS gives a brief overview of the Antiquities Act and provides links to further reading on the subject.
Legal Background of Archaeological Resources Protection (National Parks Service)
This research paper presents information on "the legal background and case histories for archeological protection."
The Listing of Outlaw Treachery (LOOT) Clearinghouse (National Parks Service)
This article discusses the LOOT Clearinghouse which "consists of information about completed legal cases concerning the theft, trafficking, destruction, or defacement of archeological resources on public lands."
What Is the Antiquities Act and Why Does President Trump Want to Change It? (New York Times, 4/26/2018)
This news article describes the Antiquities Act as it relates to a president's ability to create and alter national monuments.

Abandoned Shipwrecks Act

Abandoned Shipwreck Act (National Parks Service)
The NPS provides this overview of the Abandoned Shipwrecks Act of 1987 with links to further reading.
Abandoned Shipwreck Act Guidelines (National Parks Service)
The NPS provides these guidelines which "provide advice to the States and Federal agencies on how to effectively manage shipwrecks in waters under their ownership or control."

NAGPRA & Native American Artifacts

Frequently Asked Questions About NAGPRA (National Parks Service)
Answers to common questions about the Native American Graves Protection and Repatriation Act.
Indigenous Artifacts: Understanding the Law
This article describes the various laws that surround Native American artifacts that you might find or purchase. It was published by the PBS television show, Antiques Roadshow.

Who can I contact?

If you have information about illegal trafficking of artifacts, you should contact your local law enforcement agency to report the crime. Below is an agency that may be able to assist you if you have questions about antiquities or artifacts that you have found.

Texas Historical Commission
The THC's archaeology division can assess potential archaeological sites. The Commission also issues historical markers and can assist with cemetery preservation.

Books

Below are some of the library resources that can provide further guidance on this topic. If you are not able to visit the State Law Library in Austin, this book might be available at a law library near you or a public library near you.

Buried treasure : finders, keepers, and the law [print book]
You may have heard the old saying “finders, keepers," but do you know the legal implications? This book looks at real-life situations where individuals have discovered abandoned treasure and examines the legal issues surrounding their finds.