Protecting Non-Renewable

Resources: Excavating the

Truth about Heritage Theft

Robert Palmer
United States National Park
Service
 Abstract
 Cultural resource property crime can take many
forms and can impact cultures both past and present.
The enactment of the Archaeological Resources
Protection Act (ARPA) in 1979 was an important step in
protecting the irreplaceable cultural heritage found
within the United States.
 


 Nevertheless, when available information on the

loss resulting from cultural heritage resources
violations is measured against the frequency with
which individuals or institutions are charged
criminally, the results suggest that, if the purpose of
act which was designed to protect cultural resources is
to be more fully achieved, changes within society, in
general, and the Federal criminal justice system, in
particular, must occur.
 The Case of David Lane Woolsey
and the United States 1991 - 1992
Some Background…
 Collecting Behavior
Research
• Little Quantitative Research on
Collecting Habits and Behaviors
• Some research in the USA & UK
• Little to no cross-cultural study on
methods, motivations and symbolic
significance of behavior
•
 What is “Collecting”?
• Collecting is “the process of actively,
selectively and passionately
acquiring and possessing things
removed from ordinary use and
perceived as part of a set of non-
identical objects or experiences”
(Belk, 1995, p. 67).
 Collecting
• According to O’Brien (1981),
collecting is a pastime that is
pursued by one out of every three
Americans.
 The Meaning of Collecting
• “Collecting” became a pastime of the
masses during the industrial
revolution of the 18th and 19th
centuries.
• This time is marked by an increase in
the average person’s wealth and
standard of living, and the
explosion of material items being
created (Pearce, 1997).
 Modern Collecting
• Modern collecting is thought to arise
out of contemporary materialism,
which can be defined as the
importance a consumer attaches to
worldly possessions (Pearce, 1997).

Ty Inc. Beanie
Baby, Teddie(circa
1997)
 Collecting of Antiquities
• No definitive quantitative study of
antiquity collectors is known to
exist
 Anecdotal reasons
(motivations) for
collecting antiquities
• Hobby / Pastime (Recreation)
• Artistic Nature of Materials (Scenic
Beauty)
• Source of Income or “Retirement
Savings” (Economics)


 Collecting Antiquities = Recreation,

Scenic Beauty & Economics???
 The Archaeological
Resources Protection Act
of 1979 –
A “ Federal ” law .
 Has both “ criminal ” and “ civil ”
provisions
 The Archaeological
Resources Protection Act of
1979
• The purpose of this Act is to secure, for the
present and future benefit of the
American people, the protection of
archaeological resources and sites which
are on public lands and Indian lands, and
to foster increased cooperation and
exchange of information between
governmental authorities, the professional
archaeological community, and private
individuals having collections of
archaeological resources and data which
were obtained before the date of the
enactment of this Act.
• Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa(b)).
 The Archaeological Resources
Protection Act of 1979
 (a) Congressional findings –
– (1) archaeological resources on public lands
and Indian lands are an accessible and
irreplaceable part of the Nation’s Heritage;
– (2) these resources are increasingly
endangered because of their commercial
attractiveness;
– (3) existing Federal laws do not provide
adequate protection to prevent the loss
and destruction of these archaeological
resources
 (b) The purpose of this Act is to secure, for the
present and future benefit of the American
people, the protection of archaeological
resources and sites which are on public
lands and Indian lands…
 What does ARPA do?
 Protects “Archaeological resources” on
“Federal or Indian Land”, as defined;
 Permits excavation or removal of
resources by qualified entities to
further archaeological knowledge in
the public interest;
 Prohibits unauthorized alteration,
removal or disturbance of such
resources, as well as the purchase,
exchange or movement of any
resources removed in violation of
ARPA OR any other law.
Federal Lands in the
U.S.

Almost 30% of
land in the
United States
is federally
or tribally
owned. Nearly
650 Million
Acres (263
Million
Hectares)
 W h a t d o e s A R PA d o ?
Secretary’s 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 ?
S e cre ta ry ’ s A n n u a lR e p o rt to C o n g re ss
• According to Swain (2007), statistics are
inaccurate – probably represent no more
than 20% of actual looting cases
•
• If [Swain’s assessment is] correct, then the
number of incidents of destruction of
archeological resources on Federal lands
between 1998 and 2003 exceeds 25,000.
The number of documented incidents of
looting and vandalism likely reflects the
number of personnel available to monitor
and inspect archeological sites (SARC,
2009:32).
 ARPA Limitations
• ARPA is a federal law. It does not
generally apply to private or state
lands.

Kauri Point Pa site

Western Bay of Plenty
New Zealand
Federal Prosecutions Under
ARPA
Case Adjudications
• Data for years between 1983 and
2005:
• 119 cases of potential violation of
ARPA were adjudicated by the
Federal Court System
• 105 findings of guilt (plea & verdict)
• 14 acquittals / dismissals
• = 88% of the time there was a
finding of guilt
 Adjudication of ARPA
Prosecutions
C a se A d ju d ica tio n s 1 9 8 3 -
2005
Prosecutions
Number of

Ye a r
Federal Prosecutions Under
ARPA
D e fe n d a n t A d ju d ica tio n s
• Data for years between 1983 and
2005:
• 199 individuals involved in cases of
potential violation of ARPA were
adjudicated by the Federal Court
System
• 167 individuals subject to findings of
guilt (plea & verdict)
• 32 acquittals / dismissals
• = 84% there was a finding of guilt
Adjudication of ARPA Prosecutions
D e fe n d a n t A d ju d ica tio n s 1 9 8 3 -
2005
Defendants
Number of

Year
Federal Prosecutions Under
ARPA
D e clin a tio n s 1 9 9 6 - 2 0 0 5

• 104 counts involving 93

individuals were declined for
prosecution.
 Declinations 1996 – 2005
Declinations
35
Number of Counts Declined

30

25

Declinations - Weak Evidence

20 Declinations - Lack of Evidence of
Criminal Intent
15 Declinations - Other Reasons
Declinations - Total Number
10

96 97 98 99 00 01 02 03 04 05
Year
 Disconnect
• Possible number of incidents of
destruction of archeological
resources on Federal lands
between 1998 and 2003: 25,000
• Individuals found guilty of violating
ARPA between 1998 – 2003: 59
• 424:1
 Federal Prosecutions Under
ARPA
 The Dark Figure
• Declining le staffing
• Expediency?
• Training issues for DOJ
• Title 16 vs. Title 18??
 Issues in Archaeological
Resource Protection on Federal
Lands
 Law Enforcement Officers
 NPS Law Enforcement
Officers on September 30,
1996 = 2,166


 NPS Law Enforcement

Officers on September 30,
2005 = 1,844
 (-15%)
Revisiting the Case of David Lane
Woolsey and the United States
2008 - 2009
 The Looting
Problem
The Bigger
• Picture
• Social Controls
• Social Change
Collecting Antiquities =

Recreation,

Scenic Beauty &

Economics???
 Thank You


 Robert Palmer
 United States
 National Park Service