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