Cultural Resource Protection
In SD State Parks and Recreation Areas
South Dakota citizens, through the South Dakota Department of Game,
Fish and Parks (GFP), are stewards of hundreds of culturally
significant sites. These include prehistoric villages, American Indian
worship sites, old military forts, cemeteries, log cabins, early
trading post sites, and areas where railroads once ran.
Long ago in 1906, Congress passed the first of many laws to protect
archaeological sites, both prehistoric and historic, on federal land.
Today, similar laws in South Dakota protect these cultural resources.
Archaeological and historic resources are nonrenewable resources that
enhance our understanding and appreciation of the cultural heritage of
South Dakota. These sites possess information that is significant not
only to our state, but to our nation as well.
Please help protect our cultural resources.
Artifact collecting is prohibited.
Observe but do not touch.
Collecting artifacts at South Dakota state
parks, recreation areas, and other land owned or managed by the SD
Division of Parks and Recreation is prohibited under state law. If you
notice illicit digging at an archaeological site, see someone
collecting artifacts or witness an act of vandalism at a state park or
recreation area, contact a member of the park staff or call the
Division of Parks and Recreation at (605)773-3391 so measures can be
taken to protect the site.
What types of items are considered
archaeological resources?
Archaeological resources refer to any material remains of human life
or activities. These include, but are not limited to:
- pieces of pottery
- arrowheads
- antique glass
- old hardware
- beads
- rock paintings/carvings
- bones
- railroad items
Know the laws that protect
our cultural resources.
Federal Laws:
Antiquities Act, 1906
Protects all historic and prehistoric sites on Federal lands and
prohibits excavation or destruction of such antiquities unless a
specific permit is obtained.
National Historic Preservation Act of 1966
Makes it illegal to destroy, excavate or remove any archaeological
resources from Federal or Indian lands without a permit from the land
manager. Excavated items remain the property of the United States or
the Indian or Indian tribe, depending on where the items were found.
Archaeological Resources Protection Act, 1979
Protects archaeological resources that are found during a project by
the Federal government or an agency assisted by the Federal
government. The penalty for stealing or vandalizing can be a felony.
Native American Graves Protection and Repatriation Act (NAGPRA),
1990
Assigns ownership and control of Native American cultural items, human
remains and associated funerary objects to Native Americans. NAGPRA
makes it illegal to sell, purchase, use for profit, and/or transport
for sale the human remains of a Native American or Native American
cultural items.
South Dakota Laws:
South Dakota has many laws that focus on the protection of cultural
resources. Some examples of the laws include the destruction or
removal of natural features, unauthorized investigation on an
archaeological site, trespassing on private lands to take
archaeological resources and forgery/misrepresentation of
archaeological items. Additional laws make it illegal to disturb, buy,
sell or barter human skeletal remains or funery objects. The penalties
imposed on these violations can range from fines to imprisonment.
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