Professional Documents
Culture Documents
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.
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)
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.
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
30
25
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
Recreation,
Economics???
Thank You
Robert Palmer
United States
National Park Service