palmer protecting non-renewable resources: excavating the truth about heritage theft

8/8/2019 Palmer Protecting Non-Renewable Resources: Excavating the Truth about Heritage Theft

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Protecting Non-Renewable

Resources: Excavating theTruth about Heritage Theft

Robert PalmerUnited States National Park

Service


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Abstract

Cultural resource property crime can take manyforms and can impact cultures both past and present.The enactment of the Archaeological ResourcesProtection Act (ARPA) in 1979 was an important step in

protecting the irreplaceable cultural heritage foundwithin the United States. Nevertheless, when available information on the

loss resulting from cultural heritage resources

violations is measured against the frequency withwhich individuals or institutions are chargedcriminally, the results suggest that, if the purpose ofact which was designed to protect cultural resources isto be more fully achieved, changes within society, ingeneral, and the Federal criminal justice system, in

particular, must occur.


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The Case of David Lane Woolseyand the United States 1991 - 1992


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Some Background


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Collecting BehaviorResearch

Little Quantitative Research onCollecting Habits and Behaviors

Some research in the USA & UK

Little to no cross-cultural study onmethods, motivations and symbolicsignificance of behavior


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What is Collecting?

Collecting is the process of actively,selectively and passionatelyacquiring and possessing things

removed from ordinary use andperceived as part of a set of non-identical objects or experiences

(Belk, 1995, p. 67).


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Collecting

According to OBrien (1981),collecting is a pastime that ispursued by one out of every three

Americans.
http://en.wikipedia.org/wiki/Image:Postcarddisplay.jpg


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The Meaning of Collecting

Collecting became a pastime of themasses during the industrialrevolution of the 18th and 19th

centuries.

This time is marked by an increase inthe average persons wealth and

standard of living, and theexplosion of material items beingcreated (Pearce, 1997).


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Modern Collecting

Modern collecting is thought to ariseout of contemporary materialism,which can be defined as the

importance a consumer attaches toworldly possessions (Pearce, 1997).

.Ty Inc Beanie,Baby Teddie(circa)1997


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Collecting of Antiquities

No definitive quantitative study ofantiquity collectors is known toexist

A d l


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Anecdotal reasons(motivations) for

collecting antiquities Hobby / Pastime (Recreation) Artistic Nature of Materials (Scenic

Beauty)

Source of Income or RetirementSavings (Economics)

Collecting Antiquities = Recreation,Scenic Beauty & Economics???


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he Archaeologi calesources Prote ction Actf 1979

.Federal law as both criminal and civilprovisions


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he Archaeologicalesources Protection Act of1979

The purpose of this Act is to secure, for thepresent and future benefit of theAmerican people, the protection ofarchaeological resources and sites which

are on public lands and Indian lands, andto foster increased cooperation andexchange of information betweengovernmental authorities, the professionalarchaeological community, and private

individuals having collections ofarchaeological resources and data whichwere obtained before the date of theenactment of this Act.

Archaeological Resources Protection Act of

1979 (16 U.S.C. 470aa(b)).


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The Archaeological ResourcesProtection Act of 1979

(a) Congressional findings (1) archaeological resources on public lands

and Indian lands are an accessible andirreplaceable part of the Nations Heritage;

(2) these resources are increasinglyendangered because of their commercialattractiveness;

(3) existing Federal laws do not provideadequate protection to prevent the lossand destruction of these archaeological

resources (b) The purpose of this Act is to secure, for the

present and future benefit of the Americanpeople, the protection of archaeologicalresources and sites which are on public

lands and Indian lands


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What does ARPA do?

Protects Archaeological resources onFederal or Indian Land, as defined;

Permits excavation or removal of

resources by qualified entities tofurther archaeological knowledge inthe public interest;

Prohibits unauthorized alteration,removal or disturbance of suchresources, as well as the purchase,exchange or movement of anyresources removed in violation of

ARPA OR any other law.


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Federal Lands in theU.S.

%Almost 30 ofland in the

United States

is federallyor tribally.owned Nearly

650 Million(Acres 263Million)Hectares


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Secretarys Annual Report to Congress

Required annually Compiled by National Park Service Required by federal agencies, 32

reported in most recent report

Report on level of damage Last report was in 2009, and covered

1998 thru 2003

W h a t d o e s A R PA d o ?


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According to Swain (2007), statistics areinaccurate probably represent no morethan 20% of actual looting cases

If [Swains assessment is] correct, then thenumber of incidents of destruction ofarcheological resources on Federal landsbetween 1998 and 2003 exceeds 25,000.The number of documented incidents oflooting and vandalism likely reflects thenumber of personnel available to monitorand inspect archeological sites (SARC,

2009:32).

S e cre ta ry s A n n u a lR e p o rt to C o n g re ssW h a t d o e s A R PA d o ?


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ARPA Limitations

ARPA is a federal law. It does notgenerally apply to private or statelands.

Kauri Point Pa siteWestern Bay of PlentyNew Zealand


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ARPA

Data for years between 1983 and2005:

119 cases of potential violation ofARPA were adjudicated by theFederal Court System

105 findings of guilt (plea & verdict)

14 acquittals / dismissals

= 88% of the time there was afinding of guilt

Case Adjudications

Adj di ti f ARPA


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Adjudication of ARPAProsecutions -C a se A d ju d ica tio n s 1 9 8 3

2 0 0 5

Year

Num

be

r

o

f

Pr

osec

ut

io

ns


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ARPAD e fe n d a n t A d ju d ica tio n s

Data for years between 1983 and2005:

199 individuals involved in cases ofpotential violation of ARPA wereadjudicated by the Federal CourtSystem

167 individuals subject to findings ofguilt (plea & verdict)

32 acquittals / dismissals

= 84% there was a finding of guilt


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Adjudication of ARPA ProsecutionsD e fe n d a n t -A d ju d ica tio n s 1 9 8 3

2 0 0 5

Num

be

ro

f

De

fe

nd

an

ts

Year


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ARPA

104 counts involving 93individuals were declined for

prosecution.

-D e clin a tio n s 1 9 9 6 2 0 0 5


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Declinations 1996 2005

D e c l i n a t i o n s

0

5

10

15

20

25

30

35

96 97 98 99 00 01 02 03 04 05

Y e a r

-Declinations Weak Evidence

-Declinations Lack of Evidence ofCriminal Intent

-Declinations Other Reasons

-Declinations Total Number


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Disconnect

Possible number of incidents ofdestruction of archeologicalresources on Federal lands

between 1998 and 2003: 25,000 Individuals found guilty of violating

ARPA between 1998 2003: 59

424:1


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Federal Prosecutions UnderARPA

The Dark Figure Declining le staffing

Expediency? Training issues for DOJ

Title 16 vs. Title 18??

Issues in Archaeological


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Issues in ArchaeologicalResource Protection on Federal

Lands Law Enforcement Officers NPS Law Enforcement

Officers on September 30,1996 = 2,166

NPS Law EnforcementOfficers on September 30,

2005 = 1,844 -15%

Revisiting the Case of David Lane


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Revisiting the Case of David LaneWoolsey and the United States

2008 - 2009


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ProblemProblem

The BiggerThe Bigger

PicturePicture Social Controls

Social ChangeCollecting Antiquities =Recreation,

Scenic Beauty &Economics???


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Thank You

Robert Palmer United States

National Park Service

palmer protecting non-renewable resources: excavating the truth about heritage theft

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