CULTURAL RESOURCE MANAGEMENT CRM VOLUME 25 NO. 2 2002
Looting A Global Crisis
U.S. DEPARTMENT OF THE INTERIOR National Park Service Cultural Resources PUBLISHED BY THE CRM magazine's 25th anniversary year NATIONAL PARK SERVICE VOLUME 25 NO. 2 2002 Information for parks, Federal agencies, Contents ISSN 1068-4999 Indian tribes, States, local governments, and the private sector that promotes and maintains high standards for pre Looting—A Global Crisis serving and managing cultural resources To CRM readers 3 Tribal Perspectives in the War DIRECTOR Ron Greenberg Against Looters 29 Fran P Mainella Julia G. Longenecker and Looting 4 Jeff Van Pelt ASSOCIATE DIRECTOR CULTURAL RESOURCE STEWARDSHIP Robert D. Hicks AND PARTNERSHIPS Bureau of Indian Affairs Training on Katherine H. Stevenson Stealing History 7 Archeological Resource Crime 32 MANAGING EDITOR Neil Brodie, Jenny Doole, and Garry J. Cantley John Robbins Peter Watson Management of Historic Ships and ASSOCIATE EDITOR TheARPA-way 11 Aircraft Sites 34 Janice C. McCoy Phil Young Wendy Coble GUEST EDITOR Robert D. Hicks Observations of ARPA Warriors— Using Local Groups to Prevent ADVISORS Twenty Years on the March 13 Looting—An Example from David Andrews Sherry Hutt Western Sweden 37 Editor, NPS Leif Haggstrom Joan Bacharach Curator, NPS Archeological Law Enforcement Randall J. Biallas Training 15 Securing Cemetery Plot Gates 39 Historical Architect, NPS Martin E. McAllister Michael Trinkley John A. Burns Architect, NPS Harry A Butowsky Returning Stolen Cultural Property— Inadvertent Vandalism—The Hidden Historian, NPS Tomb of Wang Chuzi Marble Challenge for Heritage Resource Pratt Cassiry Executive Director, Wall Relief 17 Management 42 National Allrance of Preservation Commissions Jane A. Levine Alan P. Sullivan III, Muriel Crespi Cultural Anthropologist, NPS Patrick M. Uphus, Mary Cullen An Overview of Anti-looting Efforts Christopher I. Roos, and Director, Historical Services Branch Parks Canada in Florida 19 Philip B. Mink II Roger E. Kelly Gerard T York and Jim Miller Archeotogist, NPS Safeguarding an Archeological Legacy— Antoinette J. Lee Historian, NPS "Rescuing" Artifacts—A Case Study Preventing Site Looting in Disinformation 23 on Private Land 46 ASSISTANT David C. Crass, Dan Parrish, and Susan L. Henry Renaud Denise M. Mayo Christine Van Voorhies
The Long-Term Looting of Caddo An electronic version of this Indian Sites on Federal Property in issue of CRM can be accessed Northeastern Texas 26 through the CRM homepage at Robert Cast and
Cover, top left, manual used in training archeologists and law enforcement offcers, see article p. 15; Design and Imaging bottom left, items confiscated following search warrants executed at the homes of two men subse McCoy Publishing Services quently convicted of violating the Archaeological Resources Protection Act at Petersburg National [email protected] Battlefield, VA, NPS photo; right, mock looting of a Native American ceramic pot, photo by Robert D. Hicks.
CRM is produced under a cooperative agreement between the National Park Service and the National Conference of State Historic Preservation Officers. Views and conclusions in CRM are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute endorsement by the U.S. Government. Send articles and correspondence to the Editor, CRM, National Park Service, 1849 C Street NW-350NC, Washington, DC 20240 (U.S. Postal Service) or 800 North Capitol Street NW, Suite 350, Washington, DC 20002 (commer cial delivery); telephone (202) 343-3411, facsimile (202) 343-5260; e-mail
2 CRM No. 2—2002 To CRM readers —
recently stepped down as CRM editor, following a very long and enjoyable association with this magazine. Now in its 25th year of publication, CRM enjoys strong support within the National Park Service and the Federal Government, and beyond. As CRM reaches the quarter-century mark, I hope that CRM will become even more relevant to culturaIl resource managers and preservationists, and that its database will grow and become acces sible to many more users who are yet to discover the wealth of information it contains. For many years, the success of CRM was credited to my efforts. To be sure, I devoted a great deal of time and energy to this activity. But the credit really goes to the hundreds of authors and other contributors who have made CRM an important part of the literature available to educators, students, researchers, practitioners, and you, the readers, all of whom have confirmed the need for the information that we have published over the years. I am certain, too, that many of the articles that we received would not have been written, much less published and read, were it not for the outlet provided by CRM. In the first issue of CRM Bulletin, as the magazine was called when he created it in 1978, former National Park Service Associate Director Ross Holland said that he hoped that the Bulletin would continue. Well, it has continued for almost 25 years, and I will watch with interest to see how the magazine evolves in the coming years. I wish to thank the many people who encouraged me and helped me develop CRM from a quarterly bulletin — first edited by Doug Caldwell and then by Mary Maruca — for park cultural resource managers, into a magazine that now additionally serves our many preservation colleagues in this country, and in Canada and many other foreign nations. I am particularly grateful to NPS Cultural Resources program leaders Jerry Rogers, Rowland Bowers, and Kate Stevenson for allow ing me to devote the time necessary to produce the magazine. My thanks also to Karlota (Kari) Koester who served as my assistant editor for many years; to NPS historian Harry Butowsky who was an enormous help in many ways; to NPS printing specialist Jerry Buckbinder who facilitated the printing process; to Jan McCoy of McCoy Publishing Services, who takes the myriad articles and illustrations we receive and turns them into well-organized, attractive magazines; to NPS archeologist Terry Childs for supporting the CRM database and ensuring that it is accessible to the public; and to NPS secretary Denise Mayo for maintaining the CRM mailing list and responding to numerous requests for copies and other inquiries related to the magazine. Leaving the position of editor of CRM ends my 29-year "official" association with the cul tural resources programs of the National Park Service. However, I will always be interested in the work of cultural resource managers and preservationists. I will continue to follow your progress through articles in future issues of CRM, and I truly hope that more and more of you will con tribute news and feature articles about your cultural resources activities. — Ron Greenberg
Ronald M. Greenberg retired as Assistant Director, Cultural Resources Stewardship and Partnerships, in 1999 and as CRM editor in January 2002.
In the next few months, the National Park Service will confirm an editorial direction for CRM, building on CRM's strong legacy and seeking to best serve our readers and the heritage in their care. To participate in these decisions, please send me your insights and comments on CRM's past, present, and future. Messages are welcome via e-mail,
CRM No. 2—2002 3 Robert D. Hicks information furnished by their context in the ground. Context refers to the relationships between buried artifacts and their temporal and spatial location. Artifacts shorn of context have Looting forever lost their ability to furnish history. Shorn of history, they become commodities for pur ooting connotes theft, vandalism, chase or trade, to enhance private collections or trespass, possibly burglary, larceny, those of museums with few ethical scruples. robbery, and even murder. Looting The articles in this issue fit six interrelated is crime. categories. First, an overview: "Stealing History" LThis issue of CRM presents articles con is an excerpt of a larger report produced by the cerning the theft of the past, offering perspectives Illicit Antiquities Research Centre of the on the extent of looting worldwide and legal MacDonald Institute of Archaeology, Cambridge, responses to mitigating the problem. Looting of United Kingdom. The essay provides a timely the past through the destruction of historic sites overview of a global crisis, manifestations of and the illicit removal, trafficking, and sale of which are evident throughout this issue of CRM. artifacts is a global dilemma with many facets, Second, retrospective views are offered by contradictions, and complexities, not all of which now-legendary pioneers of Federal initiatives to can be addressed here. combat looting. Judge Sherry Hutt, retired inves Note the use of the term "historic" as tigator Phil Young, and archeologist Martin opposed to "archeological." Some commentators McAllister have done much to define our inves note that looting means the destruction of his tigative protocols and to heighten our current tory. History is narrative; looting obliterates our public awareness of looting and, perhaps most ability to narrate history. Looting is not restricted importantly, have contributed substantially to to buried artifacts unearthed by "tomb robbers"; our current legal posture to combat looting. The 2 the plundered past' includes centuries-old manu Archaeological Resources Protection Act (ARPA) scripts stolen from archives, tombstones of ante has become the most vital legal weapon against bellum Virginians removed and sold as lawn looters in the United States and, despite some ornaments, or feathers of endangered eagles setbacks in Federal courts, ARPA has proven affixed to religious objects sacred to New Mexico immensely successful when enforced aggressively. Native Americans, stolen for sale. As McAllister observed recently, ARPA just Most of the articles included in this issue passed its 20th anniversary, an occasion for law address the protection of archeological resources. enforcers and cultural resource managers to Wendy Coble illustrates the reality that archeo rededicate archeological protection efforts. Jane logical resources are created continuously. Levine follows with a timely example of a suc Wrecked World War II aircraft, as she demon cessful Federal prosecution under a law that strates, now attract a collecting interest. A collect shares the spirit of ARPA, a case involving ing interest means a financial interest. The two Federal recognition of other nations' heritage interests merge to create licit and illicit challenges protection efforts. to the preservation of history and our ability to Third, this issue examines State efforts construct history. But can a study of wrecked against looting. Gerard York and Jim Miller high World War II aircraft contribute to history only a light the adoption into Florida law of ARPA's half century since the events occurred, events value determination when conducting an archeo amply documented and still within living mem logical damage assessment, the first such State ory? The answer is yes; this answer is implicit to law in the country. Similarly, David Crass, Dan Federal protective laws that require stewardship Parrish, and Christine Van Voorhies describe the of the resource to preserve and enhance our col process of drafting antilooting laws in Georgia lective history, our understanding of ourselves. and their consequent lack of immediate impact Archeological artifacts, though, have one essential on looting. The authors conclude by offering attribute that other surviving flotsam of the past strategies for meaningful legislative change. do not: context. Artifacts may or may not emerge Fourth, Native American perspectives are from the earth as pretty, saleable things, but their offered on strategies for combatting looting. ability to help us construct history lies in the Robert Cast and Timothy Perttula describe the
4 CRM No. 2—2002 application of ARPA and the Native American United States, cemeteries, and offers simple and Graves Protection and Repatriation Act in Texas effective techniques of "target hardening" to with the attendant challenges of educating Native reduce the opportunity for theft of cemetery art. Americans whose lands are under threat as well as Alan Sullivan, Patrick Uphus, Christopher Roos, the local officials who must enforce the law. Julie and Philip Mink investigate the phenomenon of Longenecker and Jeff Van Pelt tell of similar cir inadvertent vandalism by studying the effects of cumstances among Native Americans of the outdoor recreation on cultural resources. Sue Pacific Northwest and list strategies on how to Renaud provides specific strategies to help pre approach, train, and coach Native Americans to vent looting on private property and offers useful participate in prosecutions. Garry Cantley links to Internet sites. describes a Bureau of Indian Affairs variant on Hutt's and Young's reflective essays reveal a teaching Native Americans called "ARPA-Lite." keen awareness that protecting cultural resources The fifth theme involves a discussion of protects our ability to construct identity. Looting, newly imperiled resources and strategies to com then, is culture theft, identity theft. This issue's bat them. Leif Haggstrom describes an ancient authors argue with urgency because what is at archeological resource now threatened by collec stake is the loss of our collective identity. tors armed with metal detectors. He offers a solu Below is a list of resources — training, pub tion in collaborations between archeologists and lications, Websites, and a video — to help readers local citizens, particularly local amateur history pursue the topics raised in this issue of CRM. societies enlisted as informants. Coble, as noted, examines Federal stewardship of relatively new From Karl Meyer's expose, The Plundered Past: the cultural resources, crashed and even submerged Story of Illegal International Traffic in Works of Art (New York: Atheneum, 1973). wartime aircraft, reminding us that artifacts do 2 Public Law 96-95, Title 16 United States Code, not have to be old to be targeted by looters. Section 470 aa-mm, amended in 1988. The sixth and last topic of this issue is crime prevention. Most ARPA-related training Robert Hicks is program manager for the Crime concentrates on investigative and prosecutorial Prevention and Law Enforcement Services Section of the strategies with little or nothing said about pre Virginia Department of Criminal Justice Services, vention. Crime prevention, though, embraces its Richmond. He promotes a program to train local law own specialized literature, philosophy, and strat enforcement officers to investigate looting. He can be reached at
Resources Training Archeological Resources Protection Training Program for attorneys who prosecute looting, vandalism, (ARPTP), National Center fot State and Local and illegal commercial trafficking cases. For further Law Enforcement Training, Federal Law information contact David Tarler, Archeology and Enforcement Training Center, Glynco, GA 31524, Ethnography program, National Park Service, telephone (912) 267-2345 or (800) 74FLETC. 1849 C Street NW-210NC, Washington, DC ARPTP presents lectures, discussions, readings, 20240, telephone (202) 343-4101. and practical exercises to law enforcement officers Publications and archeologists to develop a team approach to Ahlstrom, Richard V. N., Malcolm Adair, R. Thomas archeological resources crime investigation. Euler, and Robert C. Euler. "Pothunting in Centtal Overview of Archeological Protection Law course, co- Arizona: The Perry Mesa Archeological Site sponsored by the Archeology and Ethnography Vandalism Study." Cultural Resources Management program, National Park Service; the Office of Legal Report, No. 13. U.S. Depattment of the Intetior, Education, Executive Office for United States Bureau of Land Management/U.S. Department of Attorneys and Criminal Division, U.S. Agriculture, U.S. Forest Service, Southwestern Department of Justice; and the National Region, Arizona. September 1992. Conference of State Histotic Preservation Officers. Brodie, Neil, Jenny Doole, and Peter Watson. Stealing The course provides an overview of Federal archeo History: The Illicit Trade in Cultural Material. logical and other heritage resources protection law Cambridge: McDonald Institute for Archaeological Research, 2000.
CRM No. 2—2002 5 Carnett, Carol L. "A Survey of State Statutes Protecting Society for American Archaeology. Save the Past for the Future, Archeological Resources." Special Report, Preservation Law Actions for the 90s. Final Report, Taos Working Conference Reporter, and Archeological Assistance Study, No. 3, August on Preventing Archaeological Looting and Vandalism. 1995. Wash-ington, DC: National Park Service and Washington, DC, 1989. National Trust for Historic Preservation, 1995. Swanson, Charles R., Jr., Neil C. Chameline, and Leonard Ehrenhard, J. E., ed. Coping with Site Looting. Atlanta, GA: Territo. Criminal Investigation. Fifth edition. New York: National Park Service, 1990. McGraw-Hill, 1992. Fagan, B. "Black Day at Slack Farm." Archaeology 41, no. 4 U.S. Department of Argiculture. Vandalism: Research, (1988):15-16,73. Prevention and Social Policy. General Technical Report Goodwin, D. V. "Raiders of the Sacred Sites." New York Times PNW-GTR-293. Washington, DC, 1992. Magazine, (December 7, 1986): 65-66, 84-87. National Park Service. Federal Historic Preservation Laws, 1993. Greenfield, Jeanette. The Return of Cultural Treasures, 2nd edi Vitelli, Karen D., ed. Archaeological Ethics. Walnut Creek, CA: tion. New York: Cambridge University Press, 1996. AltaMira Press, 1996. Harrington, S. P. M. "The Looting of Arkansas." Archaeology Wilkinson, T "Raiders of the Parks." National Parks65, no. 9- 44, no. 3 (1991): 22-30. 10 (1991): 30-35. Hutt, Sherry. "The Archaeological Resources Protection Act," Wylie, J. and B. Nagel. "Quantifying and Modeling The Federal Lawyer, October issue (1995): 30-35. Archaeological Looting: The Utah Interagency GIS Project." . The Civil Prosecution Process of the Archaeological Federal Archeology Report!, no. 3 (1989): 9-12. Resources Protection Act, Technical Brief No. 16. Washington, Zander, Caroline M. "The Antiquities Act-Regulating Salvage DC: U.S. Department of the Interior, February, 1994. of Historic Shipwrecks." CRM19, no. 5 (1996): 28-32. , Caroline M. Blanco, and Ole Varmer. Heritage and OVarmer.Closing the Gaps in Domestic and Resources Law: Protecting the Archeological and Cultural International Law: Achieving Comprehensive Protection of Environment. New York: John Wiley & Sons, 1999. Submerged Cultural Resources. Common Ground 1, no. 3/4, , Elwood W Jones, and Martin E. McAllister. (1996): 60. Archeological Resource Protection. Washington, DC: The Websites Preservation Press, 1992. Archaeology magazine,
6 CRM No. 2—2002 Neil Brodie, Jenny Doole, and Peter Watson Stealing History
lthough the morality of the selves, of little interest, but when found in situ black market in cultural material during an archeological dig in India they cause a has been questioned by most great deal of excitement. They help to date the and condemned by some, the site and at the same time cast light on trade rela black Amarket continues to thrive. Museum cus tionships. Even documentation of the original tomers may be fewer in number but they persist, findspot of a piece, its provenance, can be and they have been joined by a new breed of pri important as minimal context, provided that the vate collector — the speculator — interested in documentation is reliable. monetary rather than historical value. Increasing Improvments in scientific techniques con numbers of "culture consumers" and reduced tinue to increase the importance of context. For barriers to communication and transport have centuries pots have been rigorously cleaned to combined to open up new markets and cause reveal their shape or decoration — their aesthetic more destruction. In recent years the illicit trade qualities — which determine their price on the has been marked by — market. Now chemical and microscopic analyses of their residual contents can reveal much about • Increasing trade with Asia and Africa, and the their past contents. A recent cover of the scien appearance on the market of cultural items tific journal Nature carried the headline from both continents. "Feasting on Midas' Riches" and reported chemi • A greater interest in ethnographic material. cal analyses of residues preserved in bronze bowls • The targeting of previously immune religious from an eighth-century B.C. tomb in Gordion, monuments. Buddhist and Hindu temples in central Turkey — the time of the legendary King Asia are vandalised and Christian churches in Midas.1 Analyses revealed the remains of a great Europe and institutions are stripped of their funerary feast — a spicy meal of sheep or goat icons and frescoes. washed down with a potent brew of barley beer, • The reappearance of trade in paleontological wine and mead. How many illicitly traded pots material. or metal vessels are examined so thoroughly? • Improved means of detection and destruction. When the adhering soil is washed from a looted The metal detector has found its place along pot to reveal its financially valuable surface, how side the long probing rod of the Italian much information about ancient society is lost? tombarolo and the car aerial of the American It is also possible to extract information pot-hunter. Bulldozers, dynamite, and power about past climates and environments from tools out-perform picks and shovels. properly contextualised paleontological speci • The appearance of new ways of marketing and mens, which have become a valuable resource as selling cultural material, such as mail-order concerns grow over global warming and increas catalogues and Internet auctions. Internet sales ing levels of pollution. For example, chemical have opened the market to millions of poten studies of the strata occupied by microfossils tial new customers and are virtually impossible reflect ocean salinity and the degree of glaciation to police. millions of years ago. Context Means Information Ethnographic material too has a context: An object and its context together, when the function and meaning that an object has in properly recorded and interpreted, can reveal the society from which it is acquired. During much more than either in isolation. An appar colonial times, when many ethnographic collec ently unimportant antiquity, for instance, might tions were assembled, such details were rarely acquire great significance if it can date associated recorded; objects were collected for the quality of material or features, or is found far removed their craftsmanship or for their beauty. In conse from its usual area of distribution. Thus sherds quence, these collections often reveal more about of mass-produced Roman pottery are, by them the tastes and prejudices of the collectors than
CRM No. 2—2002 7 the people and societies from which the collec harmony and understanding; illicit trade pro tions were acquired. The significance of an motes division and resentment. ethnographic item is enhanced greatly when the Most, if not all, collectors (some academics item is accompanied by oral or written testimony and curators too) regard antiquities as works of concerning its use or meaning. Indeed, today, art. They argue that, regardless of their origin, sound and video recording are often an essential antiquities should be displayed for all to see and part of an object's documentation. appreciate — a celebration of human artistic The Human Right to Heritage genius that transcends time and space. "Art," An ethnographic object without contextual however, cannot be used to justify destruction information is an object stripped of meaning — and illegal looting. Many objects marketed as it reflects our own conceptions of beauty but works of art have been ripped from historic tells us little of other people and places. It leaves buildings or monuments. Methods of acquiring us ignorant of its original social value and pur art have often entailed the destruction of artistic pose or, worse, puts us at risk of misunderstand or architectural masterpieces. ing them. For the society that produced such an Profit Margins object, removal from its traditional setting of A number of illicit trading cases have been worship and care might be an act of desecration. investigated over the years, usually when a valu The right of a people to their cultural heritage able "treasure" has been reclaimed or its status will have been denied. questioned. Exchange chains revealed through Archeological remains often are investigation provide some informa vital for the rediscovery of a tion about the sums of money that people's history while ethno change hands and the profit margins graphic material provides a visi involved. In all cases over 98 percent ble and easily accessible of the final price was destined to end reminder of a people's traditions up in the pockets of the middlemen; and accomplishments. The the original finder received very lit removal of archeological remains tle and the final buyer can hardly steals from a people part of their claim to have obtained a bargain. identity, part of their collective Such high percentages are not psyche. In view of this, some unusual. It has been estimated, argue persuasively that the for instance, that in the Peten right to a cultural heritage is a region of Central America looters fundamental human right, 1 receive about $200-$500 each and that the destruction of for vessels that might ultimately cultural heritage should be sell for $100,000. The situation with treated as a violation of paleontological specimens is no better. human rights. A fossil turtle bought from its finder in A Justifiable Trade? Brazil for $10 fetched $16,000 in Europe. Illegal removal of A landowner in the United States accepted objects from their country of origin, and the $2,000 for a late Cretaceous Ankylosaur that was damage to objects caused by removal from their subsequently sold for $440,000. original contexts cannot be defended. Cultural Non-Renewable Resources objects are illicitly moved from south to north, These dollar amounts reveal the simple from east to west, from the third and fourth truth of the illicit trade — there are large sums worlds to the first, and from poor to rich. There of money to be made, very little of which ever is no countervailing flow. As the collections and reaches the original finders. But the story does museums of Europe and North America begin to not end there. Once commodified on the accumulate Djenne terracottas from Mali or Western market, objects continue to circulate for Khmer sculpture stripped from the temples of years, perhaps centuries, generating money in Cambodia, their counterparts in those countries transaction after transaction. None of this money do not benefit from acquisitions of "treasures," goes to the original finders or owners or their say, from ancient Greece or Rome. Illicit trade in descendants. And this point is critical. Some say, cultural material is not a force for international with some justification, that a small sum in the
8 CRM No. 2—2002 West might be a substantial amount in a hard- up against violent gangs who were so intent pressed subsistence economy, and no one could on taking Mayan objects that they posted complain of people's selling pots or fossils to help lookouts in makeshift observation posts at the feed their families. But if culture is regarded as top of palm trees to scare away anyone who an economic resource then selling it abroad is a was too inquisitive. poor strategy of exploitation. Cultural heritage • In 1998, two guards at Guatemalan sites were killed at their posts. is, after all, a non-renewable resource. • In one attack on the Angkor storehouse in the The purchase of looted antiquities is not a early 1990s, a guard was shot dead by rocket- humanitarian act. In the long-term, looting wielding bandits. undermines a community's economic base just as Corruption surely as looting depletes its heritage. The police of many countries are also con Drugs and Dirty Money cerned about illicit trade because the large but Another aspect of the illicit trade in cul undeclared sums of money that change hands tural material is its relationship with the illegal during transactions can foster corruption in what drug market. Beginning 2 or 3 years ago, reports are often impoverished bureaucracies. Yet in the began to appear that the gangs dealing in money bizarre logic of illicit trade this corruption is laundering or drug smuggling were also dealing often used to excuse further criminal behaviour. in antiquities. For example — If government officials or employees can be • In January 1999, Spanish police broke up a bribed so that the law is disregarded by those smuggling ring that had been planning to responsible for its administration and enforce trade stolen art and antiquities for cocaine. ment, why should a foreigner be expected to • In 1985, a smuggler's plane arrived in behave any differently? But this argument con Colorado from Mexico carrying 350 pounds fuses cause and effect. The source of corruption of marijuana from western Chiapas and many is the large sums of money introduced by illicit thousands of dollars worth of pre-Columbian trade. antiquities. Poorly paid and often outgunned officials • Heroin, arms, and antiquities are now regu of the "source" countries are not the only ones larly seized along a well-known route by which Gandharan sculptures leave Afghanistan for turning a blind eye. On more than one occasion, Russia and the West. reports show, antiquities have been moved out of • In Guatemala and Belize, cocaine and Mayan Jordan, Peru, Iran, and Nigeria with the person stelae are flown to Miami and other United nel of Western embassies, sometimes as sou States cities from secret airstrips in the rain venirs, sometimes in diplomatic bags. And diplo forest. matic bags can be large. A dealer in India using • Miami has become a crossroad for illicit antiq such a method shipped a container of antiquities uities — from Ireland, Peru, Guatemala, when a diplomat was moving house. Mexico, and Greece — precisely because, Fakes and Replicas according to the U.S. Customs Service, there Fakes are a hazard of the illicit trade. With is so much "dirty money" swirling around in the city.2 Drug profits pay for the antiquities, no recorded findspot, it is left to the eye of the which are sent for auction to obtain a better buyer (or the hired help) to decide what is fake pedigree for the cash. and what is not. Fakes are designed to fool the Violence expert and clever forgers have many techniques The emergence of drug gangs and the link at their disposal — from simulating the accre between money laundering and antiquities is a tions of grime and soot that may build up on an sinister development and the situation is gradu object stored for decades in the rafters of a ally deteriorating. smoky village hut, to smearing pots with mud • Ian Graham, now of the Peabody Museum of from genuine archeological sites. One Mexican Archaeology and Ethnology at Harvard forger was so successful that he was arrested and University, has been photographing Mayan accused of looting pre-Columbian sites. He was sculptures in situ in Central America for the released only after demonstrating his craft. past 30 years, mindful of the fact that, at some In many parts of the world accurate repli stage, it might be necessary to prove where cas are produced for legitimate export, complete these objects — so easily stolen — had been with carefully applied signs of age, but they then removed. Beginning in 1998, Graham came enter circulation as genuine artefacts. When
CRM No. 2—2002 9 Chinese archeologists visited the United provenance, yet fervently deny that their pieces Kingdom in 1998 to reclaim stolen archeological might be looted. Indeed some collectors adopt material that had been seized by British customs a selective and limited definition of the con agents 5 years earlier, they rejected about 20 per cept of theft tailored to exclude certain forms cent as fakes or modern replicas. This suggests of excavation. that perhaps a similar proportion of unprove- In his book, The Plundered Past, Karl nanced Chinese material currently entering the Meyer characterised tomb robbing as the second- market is also fake. oldest profession. Today, moral censure is shift The Scale of the Destruction ing away from the practitioners and on to the The illicit trade in cultural material is hid customers, from those with few real options on a den from view. In consequence, it is difficult to livelihood to those who could choose otherwise. quantify the damage caused worldwide by theft, Nobody has to collect illicit material. Ultimately, despoliation, and illegal excavation, or to assign the looting of cultural material will stop only value or structure to the market. There are very when collectors, museums, and dealers refuse to few facts and figures. Discussions often rely on buy unprovenanced objects. No matter what anecdote and assertion and, as a result, collectors protective measures are put in place, whether and dealers may dismiss concerns about com Draconian or liberal, they will be circumvented mercial looting as scaremongering. But the opac if a demand is created by a purchaser with few ity of the trade is not predetermined or natural. scruples or principles. In years to come collecting The opacity is maintained artificially by dealers illicit antiquities will be as socially unacceptable and traders for what might be the usual commer as collecting rare bird eggs. But by then it will be cial reasons: Their position in the market too late. The cultural heritage of some parts of depends on maintaining a distance between buy the world is already at the point of extinction. ers and sellers, or perhaps they wish to obscure the distinction between legitimate and illegiti Notes 1 mate material. Mawn?23/30 (December 1999). 2 Conclusion Tasker F. Lowbrow. "Art Smugglers Target a 'Hot' South Florida Market." Miami Herald, (September Historically, the antiquities trade has supplied 19, 1999). a demand by the museums and private collectors of Europe and North America. Museums are often the final repositories of private collections, and it might be argued that, in the final analysis, museums Reprinted and edited with permission from underwrite the antiquities trade. Neil Brodie, Jenny Doole, and Peter Watson. Stealing But the negative publicity generated by History: The Illicit Trade in Cultural Material, The well-publicized cases has caused museums to take McDonald Institute for Archaeological Research, a more ethical stance, and many museums have Cambridge, United Kingdom, 2000. now adopted policies that forbid acquisition or For a copy of Stealing History, contact the display of material of unknown origin, which Museums Association, 24 Calvin Street, London El cannot therefore be shown to be licit. In other 6NW. To subscribe to the newsletter Culture Without words, if it cannot be demonstrated with any Context, contact the Illicit Antiquities Research degree of certainty that cultural material is not Centre (IARC), The McDonald Institute for looted, then a museum may not want to be asso Archaeological Research, Downing Street, Cambridge ciated with it. But some museums still continue CB2 3ER, or visit IARC's Website at
10 CRM No. 2—2002 Phil Young The ARPA-way
According to the story, back in the summer of '75 there Customs Service, and U.S. Fish and Wildlife was a young warrior seeking his path. Participating in a Service became involved too. They made covert Sundance along the Little Bighorn River near Lodge and undercover operational plans and identities - some worked, some did not. They learned much. Grass, WAT, it was revealed that his energies should go As one warrior said: "the hunting was good." towards protecting our gifts from the Everywhere Spirit. Their primary goal was to make ARPA He was shown a sacred area and told a story about an cases and, later, Native American Grave Apsaruke trader who had taken and sold its offerings. Protection and Repatriation Act (NAGPRA) The trader later suffered a long and painful illness from cases, to count many coups upon those plunder which he never recovered. Being cautioned that "any ing our patrimony. The task force hoped to con fool can be young, it takes wisdom to grow old," the tinue public education efforts, heightening awareness and sensitivities about protecting our young warrior was told that he had strong medicine, that nonrenewable archeological and historic no one would harm him, and that he should use his resources. The task force was prepared to go after strengths for the care and safety of the people. anyone, anywhere, anytime, but aimed at three specific targets: the looter, the trafficker, and the any first moons of the killing collector. All three are legally and morally culpa frost passed. The chief ranger ble; all three thrive on greed. They rationalize for the National Park their activities as recovering lost art and avoid Service's (NPS) Southwest owning up to ravaging heritage and patrimony RegioMn asks a ranger at Santa Monica Mountains for personal gain. National Recreation Area to come to work in Through case leads, the warrior-protectors Santa Fe, NM. This ranger-warrior knew that the quickly discovered that people from many back regional director had very strong medicine and grounds and interests were involved — occasion decided that it would be good. He learned that ally even a current or former NPS employee. artifacts from public lands may have shown up in They found that the theft of and trafficking in galleries, and that Federal land managers were artifacts included people from every socioeco- concerned about their archeolog- Bureau of Land ical resources' entering the com Management archeologist Tony mercial artifact trade. Later, Lutonsky shows when an interagency the damaged wall Archaeological Resource height at Tower Site, Tapia Protection Act (ARPA) Task Canyon, NM, an Force was created, he was area sacred to "selected" to participate since he the Canoncito Navajo. The wall had studied and worked at his was reduced by torical and archeological areas. looters. Investi At first, his fellow warrior-pro gation resulted in an ARPA convic tectors came from the Bureau of tion. Land Management, U.S. Forest Service, and NPS, but eventually the Federal Bureau of Investi gation, Internal Revenue Service, Bureau of Indian Affairs, U.S.
CRM No. 2—2002 II Extensive dam nomic level, and that the age at an arche- United States was both the ological site in central New source of and a destination Mexico caused for illegal artifacts. They by mechanized learned that illicit trade in equipment. Damage stolen art and artifacts is one assessment of the leading crimes world exceeded $10 wide, in company with traf million. ficking in drugs, weapons, and wildlife. Over time they noticed a trend: "Good things generally happen to those involved with cultural resources protection; bad things happen to those who violate our heritage protec tion laws." Several of the intera gency ARPA and NAGPRA efforts in Arizona many, as some may pay a higher price than the and New Mexico have defined the state of legal legal consequences for their actions. What about practice for enforcing protection laws. In some those who destroy human burials with digging areas, violators paid their dues to the judicial sys equipment, especially mechanized equipment? tem, but sometimes a "higher authority" inter When people disturb or destroy sacred areas and vened. The tally has included incarceration, fines, beings, there is bound to be another level of the seizure and forfeiture of assets; there also have indebtedness. been consequent bankruptcies, lost jobs, dis In retrospect, my career path was guided to solved businesses, legal costs, tribal ostracism, this calling. My reward was being an operations tainted professional reputations, disabling dis chief for the massive NAGPRA reinterment of eases, divorces, and even deaths. human remains at Pecos National Historical Park I was that young warrior seeking his path. I in 1999, by far one of the most gratifying experi have been amazed at the debts some looters, traf ences in my life. Now I am involved in efforts Unauthorized fickers, and collectors continue to pay. I ponder with the State of New Mexico's Historic excavation at a their penalties, probations, and dollars lost. I also Preservation Division to assist in establishing Site Native American Steward programs Statewide, and to continue the site in central wonder about the other losses that can come New Mexico. their way. I hope that their songs and prayers are protection of archeological and sacred areas. It has been a good path, with so much still to do. The warriors-protectors now include prose cutors, attorneys, State, Federal, and local law enforcement officers, tribal leaders, archeologists, game wardens, and park rangers, backed by responsive courts. Blessings to all who continue the traditions of protecting our sacred places. The task is great, and the stakes are nothing less than the preservation of patrimony and identity.
Phil Young retired December 2000 with nearly 30years of Federal service as a National Park Ranger/Special Agent. He now works for the State of New Mexico Historic Preservation Division, and can be reached by telephone, (505) 827-6314, and e-mail,
Photos by the author.
12 CRM No. 2—2002 Sherry Hutt Observations of ARPA Warriors Twenty Years on the March
n 1982 when a fellow assistant United enforcement agents, and the Washington office of States attorney came into my office, the National Park Service (NPS). The efforts of announced that she was going on sick these sources chronicle the progress of cultural leave, and handed me her antiquities resource protection in the United States. cases,I I had no idea what I would be facing. I Any savvy prosecutor knows that the first knew she had worked with the Federal Bureau of thing you do when handed a case dealing with Investigation (FBI) to investigate the theft of a unfamiliar turf is to ask for schooling from the family of Hopi katsinas and that the case had law enforcement agents who are immersed in the ended badly. The Hopis were not amenable to area, and breathe deeply. The law is of little use divulging the description of the stolen gods, so without field knowledge. Fortunately, the land the FBI was stymied. My first inquiries to defense management law enforcement agents are among attorneys in the naive hope that promises of the highest caliber of agents in the Federal ser amnesty would bring their return garnered a vice. They have camped out in rattlesnake response that the katsinas would be burned. I infested areas and donned scuba gear in frigid traveled to Second Mesa, AZ, to meet with the rivers to stake out sites where looting may occur. Hopi elders, which enabled me to put a painful They produce excellent reports, which form the face on the daunting task for an attorney. At basis of successful cases. And they clean up nicely stake was the physical embodiment of a culture. for court to enthrall juries with their testimony. In one act of theft hundreds of years of clan exis No fictional story can compete with the real life tence was brought to a halt. Katsinas are the experiences of the agents who track looters into physical embodiment of Hopi gods. Some of the wild terrain while armed looters are tracking katsinas were over 1,000 years old. These cases them. Investigative successes deserve wide atten would not be like the prosecution of drug cases tion because of scrupulous and innovative tech where the suppression of evidence in a faulty niques of gathering evidence. For instance, suc search would end in the destruction of contra cessful cases have been made when potsherds left band and fresh opportunities for miscreants. The at the scene were fitted to those found in the sus object of these cases was the protection and pect's possession. The ancient mummy of a recouping of irreplaceable bits of history and cul Native American infant, long since disinterred ture. Mistakes would be unforgiving. The task and sold by thieves, was eventually sold to under was weighty, and I was ill prepared. cover agents and traced back to its resting place In this article, I offer a personal reflection on Government land by soil analysis. A looter on the progress of investigating and prosecuting was connected to the site of massive destruction the Archaeological Resources Protection Act when a plaster cast taken in the excavation (ARPA) over the past two decades. Twenty years matched the unique shape of his trowel. ago the number of people who had a working Specialized training has enhanced the pas knowledge of ARPA could be counted on one sion agents bring to their work. FLETC can now hand. I sought help from all of them. The Federal boast of thousands of ARPA training course Law Enforcement Training Center (FLETC) alumni. Over the years, training also has been offered the first training on ARPA at Marana, offered by agencies regionally, the University of AZ, for law enforcement agents and archeolo- Nevada, Reno, and by private consultants. Most gists. The message of the lawyer instructing the training sessions cross disciplines, so in addition initial courses was that the law was deficient in its to obtaining substantive knowledge of law task. This was of little help, so I turned to three enforcement techniques, agents, archeologists, other sources for aid: archeologists, agency law and attorneys learn to work as a quick response
CRM No. 2—2002 13 team. It is not unusual for a team to make an resource training into law schools and have built ARPA case soon after their training. bridges of cooperation between NPS and the Twenty years of ARPA also have changed United States Justice Department, United States the working lives of archeologists. Field archeolo- State Department, United States Customs gists are still the first to learn of an ARPA crime. Service, and government agencies in Mexico and Park visitors and forest campers will approach Canada. NPS and the Justice Department offer archeologists to make a report because the arche- intense training to 100 civil and criminal lawyers ologist is visible, knowledgeable of the resource, annually and arm them with an encyclopedia of and caring. Twenty years ago archeologists had cultural resource legal materials. As a result, difficulty enlisting law enforcement agents to ARPA cases have expanded from protecting investigate an ARPA case. Then when working ancient Indian burials in the West and historic together, they had problems making protection of settlements in the East, to protecting archeologi archeological resources a management priority. cal resources stolen from private land, foreign The number of archeologists on the staffs of land libraries, and submerged shipwrecks. managing agencies dwindled in the 1980s despite Twenty years, however, have produced set the proliferation of looting activities. Today backs to ARPA enforcement. In 1998, a Federal Federal agency archeologists still have crushing trial judge refused to accept as evidence of dam workloads, but their quest to preserve cultural ages the archeological value specified in the law resources is aided by the visibility of numerous and regulations. In 1999, the Ninth Circuit successful ARPA prosecutions. The power of the Court of Appeals, which covers the Western positive press release has drawn agency resources States, Alaska, and Hawaii, delivered an almost to the service of protection efforts, while also fatal blow to ARPA criminal enforcement by sending a cautionary message to would-be looters. requiring a new and unique standard for proof of One archeologist, however, has become the the intent of the perpetrator. For 5 years, litiga leader of his profession in investigating ARPA tion that seeks to eviscerate the requirement of an crimes and teaching ARPA protocols. Twenty ARPA permit to conduct scientific data recovery years ago, Tonto National Forest, AZ, archeologist from Federal lands has been proceeding in a Martin McAllister was stung when he was ordered Federal magistrate's court. to deliver to looters ancient pottery exhumed To maintain positive momentum in the from public lands when the evidence was sup next 20 years, the formula of training profession pressed in a Federal prosecution. He resolved to als and engaging the public in archeology is still dedicate himself to developing forensic archeology valid. In addition, law schools must recognize and training others to produce site damage assess cultural property concepts as an integral part of ments, the nucleus of an ARPA prosecution. In property law courses. Courses on cultural prop 1984, McAllister was heartened to receive on erty law, historic preservation law, and public behalf of the U.S. Forest Service the title to the lands management should be commonplace in truck of an ARPA defendant forfeited as part of law schools and graduate programs. The the case. Such forfeitures are now commonplace American Bar Association and State bar associa in ARPA cases and there is a legion of archeolo tions must develop cultural property law sections. gists skilled in producing site damage assessments The focus of training must expand beyond the for use as evidence in civil and criminal cases. application of laws to the development of a theo Twenty years ago Departmental Consulting retical construct for resolving the unique issues of Archeologist Bennie Keel and NPS archeologist the future. Legal culture is not an oxymoron George Smith had a vision that ARPA would when put to such a high purpose. become the vehicle to reach outside of the com Twenty years ago I felt inept and alone munity of archeologists to engage resource man when I met with the Hopi elders. Today I feel the agers, lawyers, and tribes in the protection of cul camaraderie of a smiling cadre of archeologists, tural resources. They educated future land man agents, and lawyers, all well armed for the task. agers, sponsored training, and drove others to write books and articles to heighten protection Sherry Hutt is a judge of the Superior Court, Maricopa efforts. That torch passed to Richard Waldbauer County, AZ, and co-author of Archeological Resource and David Tarler who have taken NPS cultural Protection and Heritage Resources Law.
14 CRM No. 2—2002 Martin E. McAllister Archeological Law Enforcement Training
raining is an important tool in FLETC has also offered archeological law efforts to combat the looting and enforcement training as part of other training vandalism of archeological classes such as the "Law Enforcement for Land resources. Archeological law Managers" class that introduces upper level land enforcemenTt training began in earnest with the management agency officials to law enforcement enactment of the Archaeological Resources issues. Recently, FLETC changed the emphasis of Protection Act (ARPA) in 1979. Four important training in this area by adding a 4-day block of archeological law enforcement training efforts archeological law enforcement instruction to the since that time have been classes offered by the basic training programs for land management law Federal Law Enforcement Training Center enforcement officers and announcing that (FLETC), the National Park Service (NPS), the ARPTP would not be taught during fiscal year firm of Archaeological Resource Investigations 2002. (ARI), and the Virginia Department of Criminal NPS also has played a prominent role in Justice Services (VDCJS). archeological law enforcement training. To meet National Park In 1981, the U.S. Forest Service, the the need for training agency managers, NPS Service archeol- ogist Charles Bureau of Land Management, and NPS developed a class entitled "Archeological Haecker (left) requested that FLETC develop and teach a Protection Training for Cultural Resources and and Gila River national archeological law enforcement class deal Law Enforcement Managers and Specialists." Indian Community ing with the investigation and prosecution of Later renamed "Overview of Archeological archeologist archeological violations. The resulting ^/j-day Protection Programs," this 1 A-day class was Brenda FLETC class, entitled the "Archeological taught 29 times between 1988 and 1992 and was Randolph mea Resources Protection Training Program" attended by 813 participants. In 1992, NPS cre sure and record damage in ARI's (ARPTP), was first taught in 1983. FLETC has ated a new class designed primarily to familiarize Archaeological offered ARPTP over 100 times since. During this assistant U.S. attorneys and other prosecuting Damage time over 3,500 participants have attended the attorneys with ARPA and related statutes and the Assessment class. Photo by class, roughly two-thirds of whom are law prosecution of archeological violation cases. This the author. enforcement officers and one-third archeologists. class is entitled "Overview of Archeological Protection Law" and is cosponsored by the U.S. Department of Justice (DOJ). It has been taught annually since 1992 and approximately 240 par ticipants have attended the nine classes presented. Since 1996, NPS and DOJ have offered the "Overview of Heritage Resources Law" class that emphasizes civil enforcement law as well as com pliance issues. This class has been taught four times and has been attended by approximately 110 participants. In 2001, NPS' National Capitol Region designed and offered the first advanced archeological law enforcement class in order to deal with investigation and prosecution issues beyond the scope of the basic classes. Nineteen graduates of basic archeological law enforcement classes who have experience with archeological violations cases attended the
CRM No. 2—2002 IS advanced class. Based on their favorable reaction, it tiqued by the archeologist and prosecuting attor is likely that there will be future offerings of the ney who serve as instructors. Targeted partici advanced class and other versions of it. pants for this class are archeologists employed by Archaeological Resource Investigations land management agencies, tribes, and archeolog (ARI) of Missoula, MT, has specialized in provid ical consulting firms. ing archeological law enforcement training for 16 In addition to archeological law enforce years. ARI currently offers 3- and ^/^-day ver ment training provided by Federal agencies and sions of a basic archeological law enforcement ARI, some States also offer classes on this subject. class and a specialized 5-day class for archeolo An outstanding example is the Time Crime train gists entitled "Archaeological Damage Assess ing program of VDCJS.* Since 1995, VDCJS has ment." The basic classes deal with detection, taught 4- and 8-hour archeological law enforce investigation, and prosecution of archeological ment classes for Virginia law enforcement officers violations and are taught by a team that includes and archeologists. Subjects covered in the 4-hour a criminal investigator, an archeologist, and a class are an overview of archeological resource prosecuting attorney. Both the 3- and 4*A-day crime, the role of the archeologist in crime scene classes include an archeological crime scene prac investigation, local archeological resources, State tical exercise in which a mock archeological viola and Federal laws protecting these resources, tion is detected and investigated. Targeted partic investigative protocols, and Virginia case studies. ipants for ARI's basic archeological law enforce The 8-hour class includes an archeological crime ment classes are Federal, tribal, State, and local scene practical exercise. To date, VDCJS' Time law enforcement officers, archeologists, and pros Crime classes have been taught over 100 times ecuting attorneys. The Archaeological Damage with nearly 4,000 participants. In 2001, VDCJS, Assessment class was developed by ARI in con ARI, and the Federal Bureau of Investigation junction with the Bureau of Indian Affairs, (FBI) cooperated to present a ^/j-dny archeolog Western Regional Office, and the U.S. Attorney's ical law enforcement class in Richmond, VA. In Office in the District of Utah. In this class, par addition to FBI and U.S. Customs Service agents ticipants are required to conduct damage assess and law enforcement officers and archeologists ment procedures at a field site, prepare the arche from Federal land management agencies, this ological value and cost of restoration and repair class was attended by graduates of VDCJS' Time determinations required by ARPA, and write an Crime classes in order to expand their expertise archeological damage assessment report. These in archeological law enforcement. reports are then presented to the class and cri These and other archeological law enforce ment training efforts during the 22 years since Federal and ARPA was enacted have been highly effective in State collabora preparing law enforcement officers, archeologists, tion in training and prosecuting attorneys to deal with archeolog archeologists and law ical resource crime, but the overall need for train enforcement ing remains unfulfilled. As participants in archeo officers has logical resource crime become more sophisticated resulted in increased sur and more challenging legal issues are raised in veillance of fra their defense, there will be an increasing need for gile resources, archeological law enforcement training efforts to prosecutions, and public respond with basic classes for new employees, awareness. refresher classes for previously trained employees, Photo by Robert and new types of training such as ARI's Archaeo D. Hicks. logical Damage Assessment class and NPS' advanced archeological law enforcement class.
* The Virginia program was described in "Time Crime — Ann-Looting Efforts in Virginia," CRM 24, no. 2 (2001): 3-5.
Martin E. McAllister, archeologist, heads Archaeological Resource Investigations of Missoula, MT.
16 CRM No. 2—2002 Jane A. Levine Returning Stolen Cultural Property Tomb of Wang Chuzi Marble Wall Relief
ometime in the summer of 1994, Chinese local and national law to be state-owned thieves crept through the mountains property. of western Xiyanchuan Village in Based on this and other information, in the Hebei Province of the People's March 2000 the U.S. Government filed forfei RepubliSc of China to the 10th-century under ture proceedings in New York Federal court1 rely ground tomb of Wang Chuzi, a high ranking ing on a 1983 law known as the Convention on Five Dynasty ruler. The tomb raiders came laden Cultural Property Implementation Act2 (CPIA). with excavation tools and enough explosives to CPIA is the legislative means by which the blast through the tomb's stone covering. Entered United States implemented the 1970 UNESCO through the blasted opening, an underground Convention on the Means of Prohibiting and tunnel led to the front chamber, which divided Preventing the Illicit Import, Export and Transfer into two side chambers and a rear room at the of Ownership of Cultural Property, an interna opposite end. The rooms and passageways were tional convention that includes requiring its par adorned with intricately carved marble wall ties to respect each others' cultural property reliefs, painted murals and landscapes, and export restrictions. The purpose of CPIA is to numerous other precious contents placed there to achieve greater international cooperation towards guide the spirit of Wang Chuzi to the afterlife. preserving cultural treasures that not only are The looters stripped the tomb walls of approxi important to their nations of origin, but also con mately 10 relief sculptures and wall paintings, tribute to greater international understanding of damaging much of the surrounding art as they our common heritage.3 To accomplish that pur worked. Local villagers later discovered the break- pose, CPIA authorizes the President to enter into in and the local police summoned archeological agreements with other UNESCO convention experts to assess and investigate the plunder. The parties to restrict the importation of certain cate thieves were never caught. gories of archeological artifacts and to unilaterally But the stolen treasures may not be lost for restrict importation in "emergency" situations. ever. About six years after the theft, in 1999, a CPIA also prohibits importation, and provides Hong Kong art gallery placed a marble wall relief for the seizure and return of cultural property depicting a guardian up for auction at Christie's stolen from monuments, museums, or institu in New York, NY. The catalog photographs of the tions. CPIA's provisions relating to "stolen cul relief caught the attention of Chinese cultural tural property" provided the legal basis for recov officials who suspected that the photographs ering and returning the Wang Chuzi tomb relief showed one of the reliefs looted from the tomb of to the People's Republic of China. Wang Chuzi. The matter was referred to the U.S. Generally, to seize and repatriate "stolen Customs Service and the U.S. Attorney's Office cultural property" under CPIA, the government in the Southern District of New York for further must demonstrate that — investigation. Archeologists who had participated • First, the object is "cultural property," as in the post-theft excavation of the tomb of Wang defined in the statute. CPIA incorporates the Chuzi rendered strong opinions, based on style, broad definition of cultural property found in pigment, and quality, that the relief for sale in the UNESCO convention, which encompasses New York was the same relief stolen from the most archeological artifacts such as the tomb tomb of Wang Chuzi. In addition, the dimen relief. sions were a perfect fit with the empty space on • Second, the cultural property at issue is the tomb wall where the relief had been removed. "[documented as appertaining to the inven The tomb of Wang Chuzi also proved to be a tory of a museum or religious or secular public protected cultural monument, declared under
CRM No. 2—2002 17 monument or similar institution in any State Under CPIA's stolen cultural property for party. •> feiture provision, the government does not need In the tomb relief case, local and national to demonstrate that the property was imported to governmental agencies had marked and specifi the United States with knowledge that it was cally designated the entire tomb site as a pro stolen. A bona fide purchaser without reason to tected, state-owned cultural monument prior believe or knowledge that the property is stolen, to the 1994 theft. It was not until after the or a person who acquired legal title to stolen cul theft, however, that archeologists with the tural property under the laws of another jurisdic People's Republic of China's Cultural Relics tion, cannot assert an "innocent owner defense" 8 Administration conducted a formal excavation. under CPIA. Thus, the Government did not The government's complaint alleged that the need to investigate or prove whether or not the relief was nonetheless "documented as part of marble tomb relief was imported to the United the inventory" because the tomb site itself was States with knowledge or reason to believe that it known and documented and the relief was was stolen. An innocent owner or possessor with physically attached to the monument wall. An out knowledge might have a claim for compensa alternative theory alleged that the relief was tion, although such claims are available under documented during the post-theft excavation, CPIA only in very limited and rare circumstances. albeit as an empty crater on the wall. It is worth mentioning that stolen cultural prop 6 erty held in the United States for 20 consecutive • Third, the cultural property was "stolen." To years is exempt from the forfeiture provisions. forfeit and repatriate stolen cultural property There are also various exemptions in CPIA for under CPIA, the government must establish pieces held publically by recognized museums for that the property was stolen, although it is not certain time periods.^ necessary to prove who stole the property. In the case of the tomb relief, police reports and The litigation over the Wang Chuzi tomb archeological expertise, among other things, relief was ultimately amicably resolved, as all rele supplied proof that the relief was from the vant parties agreed that the piece should be for tomb of Wang Chuzi and was stolen from the feited to the United States and repatriated to the tomb in 1994. People's Republic of China. On March 7, 2001, a • Fourth, the cultural property must have been Federal district court judge signed an order to stolen after either April 1983, the effective date that effect and the United States delivered the in the United States of CPIA, or after the state relief to the People's Republic of China at a cere party requesting the return of property entered mony in New York on May 23, 2001. The dam into the convention — whichever is later/ age inflicted on the tomb of Wang Chuzi is immeasurable and irreparable. Yet perhaps legal Significantly, under CPIA the critical date action under statutes like CPIA to seize and repa is that of the theft, not the date of importation. triate looted treasures such as the Wang Chuzi This provision can limit the application of the marble tomb relief will help to deter looting and statute, as items stolen before April 1983 or trafficking and ultimately promote the preserva before the other nation became a party to the tion of cultural property worldwide. UNESCO convention — whichever is later — are not subject to seizure in the United States Notes under CPIA, even if they are imported after the 1 United States v. One Tenth Century Marble Wall effective date. Thus, it is critical in CPIA cases Panel Sculpture of a Guardian From The Tomb of to be able to document the date of the theft, Wang Chuzi Located at Christies, 20 Rockefeller Plaza, New York, NY, 00 Civ. 2356 (AKH). proof that can be elusive where the cultural 2 Title 19, United States Code, Sections 2601-9. property is looted from undiscovered or unex- 3 S. Rep. 97-564 at 21 (2d Sess. 1982) cavated archeological sites. For the marble 4 19 U.S.C. §§2607-10 tomb relief, however, the date of theft could be 5 19 U.S.C. §2610(2)(A) 6 established because the tomb was in a known 19 U.S.C. § 2610(a)(B) 7 Ibid. and protected location, and law enforcement 8 19 U.S.C. § 2609(c) authorities promptly learned about its invasion, 9 See 19 U.S.C. §2611. permitting them to document the time period within which the looting occurred. Jane A. Levine is as an assistant U.S. attorney in the Southern District of New York. The views in this article are her own and do not necessarily reflect those of her employer.
18 CRM No. 2—2002 Gerard T. York and Jim Miller An Overview of Anti-looting Efforts in Florida
eople have lived in Florida for In March 2000, Florida Secretary of State more than 12,000 years. From the Katherine Harris established the Archeological earliest Paleo-Indian hunters at the Law Enforcement Task Force to focus attention end of the last ice age to the pow on looting. Members of the Office of the erful Pchiefdoms encountered by Spanish explor Statewide Prosecutor, Florida Department of Law ers, Florida's native people have left their mark. Enforcement, BAR, Florida Department of The landscape is rich with remains of pre- Environmental Protection (DEP), the Governor's Officer Gary Wills, European earthworks, mounds, canals, plazas, Council on Indian Affairs, and other groups con Florida Park and villages. Almost six centuries of European ducted an assessment of looting, vandalism, and Patrol, interviews exploration, colonization and settlement have left the destruction of archeological sites on public a suspect in con nection with archeological sites ranging from 16th-century St. lands. The task force recommended ways to help commercial shell Augustine to Spanish missions, Spanish ship alleviate these problems. Looting of archeological collecting from wrecks, British plantations, and wooden forts. sites in Florida has reached epidemic proportions, Josselyn Island, a National Register- Every few years brings yet another archeological in part because of the high prices that antiquities listed Caloo- surprise. New discoveries spark great public inter bring at market. Prices on the Internet reveal that sahatchee shell est in Florida archeology, interest that further Clovis points may sell for thousands of dollars complex on State-owned reinforces our responsibility as owners and man and other stone points are frequently valued in lands. Photo agers to protect this fragile legacy. The Florida the hundreds of dollars. courtesy of Department of State through its Bureau of During the past decade, land management Florida Archeological Research (BAR) is taking a two- officials have made at least 50 arrests at the Department of Environmental pronged approach towards fulfilling its responsi Aucilla Wildlife Management Area 25 miles Protection, bility, with training for law enforcement person southeast of Tallahassee. The area provides a con Charlotte Harbor nel and land managers about protecting archeo tinuing opportunity for State and Federal cooper Aquatic and logical resources, and assistance for prosecutors in State Buffer ation given its proximity to St. Marks National Preserves. attacking the problem of archeological looting. Wildlife Refuge. The self-styled Coon Bottom Artifact Militia is a loosely organized clandestine group of artifact collectors operating in the Aucilla area as well as other parts of the State. Many prosecutions of looters in the Aucilla area have occurred recently, netting some members of this group, but overall enforcement efforts have met with mixed success. On March 31, 1997, Arthur and Daniel Cochran were arrested by Officer Robert Daniels of the Florida Game and Freshwater Fish Commission on charges of unlawful excavation of a State-owned archeological site. The Cochrans had uncovered stone tool fragments and pottery shards from the Weeden Island cul ture dating back 1,000 to 1,500 years. In addi tion to the usual penalties for such violations, Judge F. E. Steinmayer ordered the Cochrans to pay $28, 771.67. The penalty was based upon
CRM No. 2—2002 19 testimony from a BAR archeologist using the possessed the authority under existing law to fine Federal archeological value standard. The persons and organizations for damages and Cochrans did not dispute a restitution amount of injuries to all cultural resources on State-managed $1,089.30 for an emergency archeological survey lands and to enjoin such persons or organizations to assess the impact of their digging. from similar activity. Section 267.13(2), Florida While the Tallahassee Democrat called the Statutes, permits the Division of Historical Cochran case "a turning point in Florida's effort Resources (DHR) to institute an administrative to halt the plunder of its Native American her proceeding to impose a fine of not more than itage," the case did not fare well on appeal.1 The $500 a day and seek injunctive relief against any First District Court of Appeal in Tallahassee person or business organization that, without reversed the restitution award that Assistant State written permission of the division, explores for, Attorney Michael Schneider had sought for lost salvages, or excavates treasure trove, artifacts, "archeological value." Applying existing Federal sunken or abandoned ships, or other objects hav standards for archeological value, the State's the ing historical or archeological value located on ory of recovery was that the restitution was "what State-owned or State-controlled lands, including it would have cost the State to have done a State sovereignty submerged lands. proper archeological investigation at the loca The task force recommended that assess tions" that the defendants looted, or "what it ments and applications occur in conjunction would cost to try to recoup the historical knowl with each prosecution for archeological looting edge lost as a result of the digging."2 The follow and suggested that expansion of the civil penalty ing year, in an appeal where a defendant named provisions beyond the current $500 per day may Shearer was sentenced to jail time, the same be useful in cases where criminal prosecution is Tallahassee appeals court reversed without com determined to be inappropriate or declined, or a ment another archeological value restitution pretrial diversion agreement is reached. award of $33, 801.34 based upon its decision in Appropriate cases for civil penalty assessments the Cochran case. may include contractors or companies that work While the appeals court in Cochran did not on State land, cases of unintentional damage to state a basis for reversing the restitution award, archeological sites, or cases where the need for one ground argued on appeal by the Cochrans restoration and repair is greater than the desire to was that the amount did not represent restitution punish the offender. Mitigation factors in assess under existing Florida law, requiring a court to ing such penalties may include agreement to find "that the loss or damage is causally con return archeological resources to DHR; contribu nected to the offense and bears a significant rela tion to the protection or study of archeological tionship to the offense."4 However, in response resources; provision of information to detect, pre to task force recommendations and the Cochran vent, or prosecute other instances of archeological and Shearer decisions, the Florida Legislature in looting; hardship or inability to pay; evidence 2001 amended the Florida statutes to explicitly that the violation was not willful; or a finding enact into Florida law the Federal archeological that the penalty is excessive. value standard, thus guiding trial courts on stan Likewise, the task force pointed out that dards for the commercial value of archeological existing provisions of Florida law include various resources, the cost of restoration and repair of forfeiture provisions, including forfeiture of all damaged archeological sites, as well as archeologi specimens, objects, and materials collected, cal value. Florida is the first State in the Nation together with all photographs and records relat to enact into law the Federal archeological value ing to the removed material; and forfeiture of any restitution standard. It is hoped that this vehicle or equipment used in connection with the enhanced prosecutorial tool will provide a frame violation.' The task force noted that such provi work for Florida judges to fashion restitution sions, particularly seizure of the looter's vehicle, awards that both fully reflect the gravity of the could serve to send a strong message to looters. damage done by archeological looting and with Also, the task force favorably noted sentencing stand appellate review. options developed by prosecutors in other States, The task force pointed out that, notwith such as requiring offenders to appear in public standing the ability of prosecutors to prove crimi commercials or pay for advertisements renounc nal cases beyond a reasonable doubt, BAR already ing their illegal behavior and the consequences of
20 CRM No. 2—2002 their personal transgressions, as well as advising increased consultation with federally recognized those who might do so otherwise to refrain from tribes. The task force noted that managing infor similar illegal acts. mation about Native American sacred sites and The task force recommended another vital sites of cultural patrimony comes with a responsi change to Florida law. DHR is required by law to bility of confidentiality. Credible stewardship maintain a central inventory of historic proper includes protecting sensitive information from ties. The "master site file" is an important tool for public dissemination. Based on the task force rec protecting Florida's cultural resources, both ter ommendations, DHR proposed a legislative restrial and submerged, as well as a useful tool for exception to the Florida Constitution that was researchers. However, Florida's liberal public passed into law during the 2001 session of the records laws until recently allowed information Florida Legislature — contained in the master site file to be accessed Any information identifying the location of and used by persons wishing to locate archeologi- archeological sites contained in site files or cal sites to vandalize and loot for personal gain. other records maintained by the Division of Many of the archeological sites recorded in the Historical Resources of the Department of master site file are fragile and remain vulnerable. State is exempt from the provisions of s. The disturbance of any site could irretrievably 119.07(1) and s. 24(a) of Art. I of the State destroy a part of Florida's history. Until 2001, Constitution, if the Division of Historical Resources finds that disclosure of such infor Florida was one of a minority of States that had mation will create a substantial risk of harm, no protective clauses regarding archeological and theft or destruction at such sites. cultural site locations. One convicted looter, in fact, tellingly jested to the Tallahassee Democrat The Florida master site file database also is that he would like to volunteer to serve his com being modified to better permit collecting and munity service time "at the state archives in the evaluating the nature and extent of the looting map room" — a place known to be "full of maps problem affecting Florida's archeological sites. showing the locations of archeological sites."" The addition of data entry fields in the State's The lack of protection from disclosure for archeological database and on the corresponding Florida sites put the Federal government in a dif paper site form will improve the States documenta ficult position. The Federal government is man tion of looting and other types of site disturbances. dated to share site-specific information with the In addition to spearheading the Florida State Historic Preservation Officer to Archeological Law Enforcement Task Force, BAR comply with Section 106 of the National has backed efforts to educate law enforcement Historic Preservation Act (NHPA). Yet to do so agencies and personnel about protecting archeo would jeopardize the release of that information logical resources. BAR's standard Archeological to the general public under Florida's public Resource Management (ARM) training was origi records law. Such disclosures would conflict with nally designed to educate State land managers, section 304 of NHPA which protects specific especially in the Florida park system, who are information on the location and character of cul responsible for the day-to-day management of tural resources when sharing that information State-owned archeological resources. The ARM could place them in jeopardy. program includes law enforcement topics and law Two other urgent developments on this enforcement trainees. The program was devel subject were noted by the task force. First is the oped in conjunction with DEP's Division of development of geographic information system Recreation and Parks, and was initially offered (GIS) databases listing sites located in the Florida primarily to park staff and management. master site file. GIS databases are valuable tools The ARM program soon was opened up to for recording site location and survey data for other public land managers, Federal as well as researchers, land use planning, and site steward State, and to nonprofit land conservation organi ship by land managers and law enforcement offi zations. As training was made available to other cers. However, these data could be quickly dis agencies in addition to the Florida Park Service, seminated to the general public via the Internet if the number of law enforcement officers partici protective measures were not placed on how the pating in the 3-day ARM class has increased. So data are shared and used. Also, the new imple far, more than 350 State, Federal, local govern mentation guidelines for NHPA required ment, and nonprofit employees have completed
CRM No. 2—2002 21 the 3-day training course. An additional 200 law whom training or State certification is required. enforcement officers have received other special Also, BAR distributes a number of publications ized training. to promote archeological conservation. "Best In 1993, the Florida Senate Committee on Management Practices, An Owner's Guide to Governmental Operations recommended that the Protecting Archeological Sites" is useful for any Florida Department of Law Enforcement in con one who has an interest in protecting sites, and junction with DHR, Department of Natural contains a section entitled "Looting and Resources (now DEP), and the Game and Fresh Vandalism" with recommended procedures and Water Fish Commission (now FWCC) develop contact information. A companion publication, training for law enforcement personnel in pro "Archeological Stabilization Guide: Case Studies tecting archeological sites on public lands. This in Protecting Archeological Sites," illustrates the training was developed as a 1- to 2-hour module, damage caused by looting and the role of law and is now part of the basic law enforcement cur enforcement and site managers in responding to riculum for every law enforcement officer in the threats and repairing damage. State trained since 1993. This training acquaints State Archeologist James Miller notes that all agencies and law enforcement officers with the the task force organized all of the principal peo basic statutory foundation that disturbance of ple and agencies necessary to respond effectively archeological resources on publicly owned or to possible illegal activities — 7 controlled land without a permit is illegal. The Prior to the work of the Task Force, it was vir training further directs how officers should tually impossible to arrange a quick and effec respond if such a violation is suspected. tive response because none of the necessary Hundreds of recruits of sheriff's offices, city participants had any idea about archeological police departments, and State law enforcement resources and the means for their protection. agencies have received this basic training in the Now an effective response can be imple past 8 years. mented from initial report to law-enforce ment action in less than 24 hours. The task force made a number of proposals to supplement BAR's continuing efforts to edu Miller hopes that procedures developed to cate law enforcement agencies and personnel respond to suspected violations will improve the about protecting archeological resources. The effectiveness of cooperative efforts among land task force recommended that BAR should work managers, archeologists, law enforcement offi with the Florida Bar Association (FBA) to cers, and prosecutors. develop a seminar for Florida's State prosecutors Damage to our heritage by groups like the similar to Federal training programs attended by Coon Bottom Artifact Militia should never be Florida attorneys (see McAllister's article, p. 15). forgotten. An accomplished Florida looter has BAR, in cooperation with the Florida Association claimed that "[t]his is my hobby and always has of Prosecuting Attorneys, hopes to finalize been. I've recovered a lot of things that would arrangements for a Florida Time Crime seminar still be in the ground if I hadn't dug them up. . . I for interested attorneys in the coming year. always thought I was doing a service to Outdoor enthusiasts such as hunters, fisher mankind." ° men, boaters, and scuba divers are responsible for The Florida Legislature disagreed with much of the illegal digging in Florida. Many out such sentiments and recently clarified Florida's door enthusiasts, largely as a result of the natural public policy regarding the State's archeological conservation ethic that is now widely advocated heritage — by national and State sport associations and orga It is hereby declared to be the public policy of nizations, have adopted "leave only footsteps" the State of Florida to preserve archeological ethics of impacting the natural environment and sites and objects of antiquity for the public enjoying outdoor pastimes. To educate outdoor benefit and to limit exploration, excavation enthusiasts about cultural resources, the task and collection of such matters to qualified force recommended that BAR develop course persons and educational institutions possess materials on site preservation law and cultural ing the requisite skills and purpose to add to the general store of knowledge concerning preservation ethics for first-time hunters, boaters, history, archeology and anthropology.9 scuba divers, and other outdoors people for
22 CRM No. 2—2002 With any luck, the days are numbered for " Kathleen Laufenberg, "The Great Artifact War,' the Coon Bottom Artifact Militia and others who Tallahassee Democrat (March 10, 1996): 1A. illegally collect and traffick in artifacts. §267.13, Florida Statutes. 8 Laufenberg. 9 Notes §267.14, Florida Statutes. Bill Kaczor, "State Getting Touch on Looting at Florida's Archeological Sites," Tallahassee Democrat Gerard T York is assistant general counsel at the Florida (December 22, 1997): 8B. Department of State. In addition to assisting the Division 2 Attorney General's Brief at 3-4. On the existing of Historical Resources within the same department, he standard for archeological value, see Cochran v. assists the Corporations Division and the Office of State, 724 So.2d 129 (Fla. 1st DCA 1999). As International Affairs, where he has worked closely with defined in regulations promulgated by the Secretary the U.S. Department of State and consuls in Florida on of the Interior, "archeological value" is the "value of the arrest and detention of foreign nationals. the information associated with the archeological resource" [43 C.F.R. § 7.l4(a)(1997)]. This intangi Jim Miller is State Archaeologist and chief of the Bureau ble value "shall be appraised in terms of the costs of of Archaeological Research. Under his direction, the the retrieval of the scientific information which bureau has supported resource management, research, and would have been obtainable prior to the violation." public interpretation activities. He has helped write and 3 Shearer v. State, 754 So.2d 192 (Fla. 1st DCA revise many of the Florida rules and statutes relating to 2000). archeological resources. In 1997, he received the Award 4 for Excellence in Cultural Resource Management from the Glaubiusv. State, 688 So.2d 913, 915 (Fla. 1997). Society for American Archaeology. 5 Section 267.13(l)(a)-(c), Florida Statutes.
David C. Crass, Dan Parrish, and Christine Van Voorhies "Rescuing" Artifacts A Case Study in Disinformation
he summer of 2000 was excep officers, the Office of the State Archaeologist, an tionally dry in Georgia, even by avocationalist with interests in riverine sites, and the standards of several years of the departmental attorney met several times in preceding drought. As a result, late 2000 to draft legislation. A legislator who has riversT and tributaries were low in their banks and, preservation interests and is a diver agreed to in some cases, completely dry. "Protected" arche sponsor the proposed changes. This article ological sites became exposed, and reports of recounts what followed, in hopes that other looting, already on the rise for terrestrial sites, States can learn from Georgia's experiences. exploded. The southwestern part of the State was Legal Background especially affected as the Chatahoochee and Flint Georgia is home to several major Federal Rivers were targeted by looters. agencies, including the U.S. Forest Service and In response to the increase in looting, the the U.S. Department of Defense. Sites on these Georgia Department of Natural Resources properties are protected by the Archaeological (DNR) Law Enforcement Section approached Resources Protection Act (ARPA) and other DNR's Historic Preservation Division for assis Federal laws. In addition, the State manages a tance in drafting additional protections for con variety of public lands. Georgia has an award- sideration by the Georgia General Assembly. A winning State park system, and large wildlife joint committee involving DNR law enforcement management areas. However, only about 8 per-
CRM No. 2—2002 23 cent of Georgia is protected under Federal or The legislation also made it clear that failure to State ownership. This percentage is typical of notify the State archaeologist's office of intent to Southeastern States, where private property rights dig or disturb a site is a violation of the law. In are highly valued. order to give law enforcement officers an addi In addition to property and trespass laws, tional investigative tool, the legislation also made the Official Code of Georgia, Annotated possession of artifacts collected after the law took (OCGA) includes several statutes that apply effect prima facie evidence of a violation. specifically to terrestrial and submerged archeo- Violation of OCGA 12-3-621 remained a misde logical sites. OCGA 12-3-621 is the critical code meanor, as it had been previously. section that addresses enhancing and protecting In short, the revised law did not allow col archeological sites. lecting anywhere except dry land with no barri The Legislation ers. In all other cases, collectors must have writ OCGA 12-3-621 et seq., prior to the 2000 ten permission of the landowner at a minimum Georgia General Assembly, 1) prohibited distur and, in most cases, must notify the State archeol- bance of an archeological site without the written ogist. permission of the landowner and notification of The Reaction the DNR (Section 106 actions were exempted), Adverse reaction to changes in OCGA 12- 2) prohibited entering an archeological site 3-621 was immediate. Several salient facts posted against trespassing or a site with a lock, became evident very quickly — gate, door, or other obstruction designed to pre • Archeological protection laws are widely vent access, and 3) allowed surface collection of ignored. artifacts when conditions 1 and 2 did not per • Divers and metal "detectorists" led the opposi tain. tion. Because DNR wanted to address both ter • Much of the opposition came from out-of- restrial and underwater sites, and navigability is a State. thorny issue on inland waters, DNR approached • Many among the opposition had a direct or the problem by clarifying OCGA 12-3-621. indirect monetary interest in the artifact mar There was much internal discussion about the ket. Books published by them included pic advisability of allowing continued surface collec tures of grave goods. tion in cases where property is not posted, • The major tactic used was a Web-based disin fenced, or gated. However, "collecting arrow formation campaign. heads" is an old hobby in the Southern United • The major goal was to scare hunters, fisher States as elsewhere and, in the end, this exemp men, and responsible avocationalists into sign tion in the law remained. As the legislation made ing a petition demanding an "isolated finds" its way through the General Assembly, divers provision for divers or outright repeal. from the southwestern part of the State demanded, and got, changes in the proposed lan Because the reaction was orchestrated over guage pertaining to submerged archeological Websites and listservs, bad information propa sites. (Note that a stringent law protecting under gated rapidly and results were immediate. A tele water sites in navigable waters was already on vision feature story included a river diver holding Georgia's books.) The legislation passed both out his hands and offering to go to prison to houses of the legislature with strong bipartisan defend his right to collect in public waters. The support. A critical theme in committee hearings senior author of this article was featured on a was that this legislation was intended to help "most wanted" poster. The governor's office, the property owners become better stewards of their lieutenant governor's office, legislators, and vari land, and that the legislation enhanced their con ous policy-makers received lengthy letters. trol of their property. In fact, the Speaker of the Because the writers got most of their language House, a powerful figure in Georgia politics, from Websites such as
24 CRM No. 2—2002 ranted intrusion that would "shut down" all col What DNR did not anticipate was the speed lecting. Claims were nearly universal that looters with which disinformation propagates through are really just rescuing artifacts that might be lost the Web, which acts as an amplifier and confers otherwise. its own kind of credibility to charges that might The Response appear otherwise ludicrous. Because the primary thrust of the reaction Second, establish personal relationships is to insert weakening language to the current with legislators and policy-makers. Georgia is law, our overall strategy has been to anticipate largely a rural State, and many legislators from and rebut arguments that may arise in a commit rural districts place a great deal of stock in face- tee hearing in the 2002 General Assembly. First, to-face meetings. Making yourself available, and DNR coordinated with our already extensive net answering every question straightforwardly and work of supporting organizations, including the nonemotionally goes a long way towards garner Georgia African American Heritage Preservation ing support. Network, Georgia Council on American Indian Third, do not assume any archeological Concerns, Society for Georgia Archaeology, and knowledge on the part of policy-makers. For Georgia Trust for Historic Preservation. Each instance, while archeologists can easily tell a constituent letter was individually answered and looter's hole from an excavation unit, many lay copied to the legislator or policy-maker who had men would not see any difference between the requested a response. The State archeologist met two. Concepts like provenience have to be personally with concerned legislators, and give couched in terms that are not intimidating to periodic updates to policy-makers regarding the folks who do not have specialized professional facts of the law. Rural legislators with personal training and who may distrust those who do. collections from their farm fields were encour Fourth, never underestimate the opposition aged to bring them in so that a member of the or the kinds of charges that they may use to dis Georgia Council of Professional Archaeologists tract attention from their real agenda. could analyze their collections and prepare a brief Finally, establish open and full communica report including a State site form. An op-ed piece tion with field law enforcement officers. They are was distributed Statewide to interested newspa on the front lines partnering with local prosecu pers. This prompted several reporters to write tors and making the cases before local judges their own stories on the clarifications — all of with local constituencies. The best law on the them reasonably balanced. An information books is only as good as the last case, and making packet with the theme "Clearing Up the a good case depends in part on wise and reasoned Confusion" was prepared and distributed to each enforcement policies. legislator. The Georgia Council of Professional While OGCA 12-3-621 does not include Archaeologists and the Georgia Council on everything that DNR would have liked, the American Indian Concerns called committee revised law is a significant improvement. One members. Perhaps most importantly, DNR law unanticipated benefit — perhaps the biggest ben enforcement took a reasoned approach to efit — is that the revised law has piqued an inter enforcement that was closely modeled on est in archeological protection for many of Georgia's game and fish laws, which are familiar DNR's uniformed officers. to many legislators and their constituents. Lessons Learned Dave Crass, Ph.D., is the State archeologist at Georgia First, identify the kinds of criticisms that DNR-Historic Preservation Division. may be mounted against protection legislation Captain Dan Parrish commands the Georgia DNR and try to address opposition before launching Special Intelligence Unit. any legislative initiatives. DNR approached its initiative from a property rights perspective, with Christine Van Voorhies is the archaeological outreach spe the belief that through a combination of long- cialist in the Office of the State Archaeologist, Georgia term education and strengthened law, DNR DNR-Historic Preservation Division. could provide property owners with additional tools to be good stewards of their resources.
CRM No. 2—2002 25 Robert Cast and Timothy K. Perttula The Long-Term Looting of Caddo Indian Sites on Federal Property in Northeastern Texas
t Lake O' the Pines, near the college" by selling burial vessels he had taken modern town of Jefferson in from Caddo graves around Lake O' the Pines. northeastern Texas, the looting of Sadly, though, for many years the Fort Worth Caddo Indian archeological sites District did nothing to stop the destruction of — mainlAy cemeteries and other places of ceremo the Caddo Nation's heritage, despite their knowl nial significance — has been ongoing since at edge of the looting and their legal responsibilities least the early 1980s. Perhaps more than 800 under the National Historic Preservation Act, the Caddo Indian burials have been looted on this Archaeological Resources Protection Act (ARPA), small piece of Federal property during that time. and the Native American Graves Protection and The lake is under the jurisdiction of the Fort Repatriation Act (NAGPRA). The Fort Worth Worth District of the U.S. Army Corps of District cited lack of financial resources as their Engineers and is located in the heart of the tradi reason for not dealing with looting. The Caddo tional homelands of the Caddo Nation of Nation first became aware of the looting problem Oklahoma. The Caddo had lived in these pine- in 1993 when Mary Cecile Carter, the Caddo covered hills and broad valleys since time Nation's first NAGPRA director and author of immemorial until they were forcibly removed in the 1995 book, Caddo Indians: Where We Come the late 1830s. From, was briefed by professional archeologists Researchers have documented the pillaging concerned with curtailing the looting. of Caddo archeological sites in this area over the Since those distressing days, and despite the Looted graves at 1 Lake O' the years. The late Curtis Tunnell, former Texas inaction of the Fort Worth District, the Caddo Pines, TX State Historic Preservation Officer, interviewed Nation as a whole has recently taken a more (41MR122). numerous looters in the area, one of whom active role in addressing the looting of Caddo Photo by Mark Walters. proudly admitted that he had "sent his kids to sites and graves on Federal property and trying to find reasonable solutions to better protect these sites. This has been a long and difficult effort. In 1999, for instance, the Cultural Preservation Department of the Caddo Nation applied for and received a NAGPRA grant from the National Park Service entitled "Location, Documentation, and Protection of Unmarked Caddo Cemeteries." Part of the grant's purpose was to research how many known Caddo cemeteries are on Federal property, determine their current condition, and assess the success or failure of Federal agencies in assuring the protection of these traditional and sacred properties. One focus of the NAGPRA grant work was the efforts of the Fort Worth District at Lake O' the Pines, where numerous cemeteries, many already looted, are known. On Saturday, May 27, 2000, Caddo Nation Chairwoman LaRue Parker requested to see some
26 CRM No. 2—2002 of the site destruction firsthand. The Caddo requested that the open grave pits be backfilled at Nation Cultural Preservation Department staff, all of the cemeteries. Although this has not along with Chairwoman Parker, met Dr. occurred, the Fort Worth District backfilled grave Timothy K. Perttula and Bo Nelson, professional pits at one of the looted cemeteries in coordina archeologists, to view several of the cemetery sites tion with tribal member and NAGPRA assistant that had been looted. They were shown two Bobby Kionut Gonzalez. However, the Caddo cemeteries. At one, there were open grave pits for Nation has yet to see any damage assessments of as far as the eye could see. The graves had been these cemeteries as required by ARPA. opened since at least the mid-1980s, and Chairwoman Parker and the Cultural although the Fort Worth District was aware of Preservation Department staff offered to prepare the looting, no effort had been made to backfill an historic properties management plan for the the looter holes, document the looting, or bring lake, proposing to include recommendations for the situation to the attention of the Caddo site protection and identification of sensitive site Nation. areas. This turned out to be a futile offer and a Perttula and Nelson explained to plan has yet to be prepared by the Fort Worth Chairwoman Parker that at least 250 burials had District. been looted from these 2 cemeteries, with com Also at the request of the Caddo Nation, parable numbers in other cemeteries around the the Fort Worth District agreed that more staff lake. They explained that every known Caddo should be hired to help manage the irreplaceable cemetery around Lake O' the Pines had been cultural resources at the lake. The Caddo Nation looted. The 16th- and 17th-century Camp Joy urged the Fort Worth District to pursue prosecu Mound (41UR144), which had been in pristine tions under ARPA if and when looters and collec condition in 1989, now had a 3-meter-wide tors were caught breaking the law on Federal looter's trench dug through the center of the property. Whereas the Fort Worth District was mound.3 Alarmingly, the Fort Worth District once lax in prosecuting anyone, Matt Seavey, had recently built a water line through part of the District park ranger, has since gone on record Dal ton Mound (41UR11), which a Fort Worth saying, "There'll be no more warnings. Citations District archeological contractor had previously will be issued. "^ recommended for nomination as a National The Caddo Nation is urging the Fort Register archeological district. Worth District to implement other steps, such as This travesty prompted Chairwoman a monitoring system to document and record any Parker to request a meeting, long overdue, with looting activities using a Site Vulnerability the new colonel at the Fort Worth District, Assessment, to curtail the looting of their tradi Gordon M. Wells, in an attempt to bring the tional and sacred sites. Archeologists recom looting situation to his attention and to find mended that a team consisting of law enforce effective ways of halting the looting of Caddo ment personnel, tribal liaisons, and archeological cemeteries and mound sites. The archeologists specialists complete assessments. To date, only emphasized that the looting activities taking place Kisatchie National Forest and the Louisiana Air at the lake were analogous to the United States Army National Guard use this format to evaluate Government's war on drugs. If someone were the vulnerability of Caddo Indian sites. Should planting marijuana on Federal property, every the Fort Worth District choose to pursue this agent and local law enforcement officer in the effort, the benefits of the assessments would be area would be working to arrest the offenders. Yet threefold: 1) sites that need additional monitor for years looters have been removing burials that ing or surveillance can be identified and site visits are protected under a whole suite of Federal laws given priority; 2) the agency will have a better and making large profits — generally as unde understanding of where the important sites are clared income — right under the nose of the and which sites are in immediate danger; and 3) Federal agency. Until the agency enforces the law the agency can budget for and develop protection and develops effective management and protec plans. tion plans for sensitive sites, the looting will con Monitoring and protecting important tinue unabated. archeological sites on Federal land is the responsi There were several positive but bittersweet bility of Federal agencies. Tribes' working with results of the meeting. The Caddo Nation Federal agencies is nothing new, and Federal
CRM No. 2—2002 27 agencies' working with tribes is mandatory under ^ Mike Turner, "A Two-Phase or Tiered Caddo Federal statutes." At the same time, it is up to the Mound at the Camp Joy Site (41UR144), Lake O' general public, Indian tribes, and concerned local the Pines," Notes on Northeast Texas Archaeology 2 and State agencies to make sure that Federal (1993): 66-75. 4 Elizabeth Burson and Maynard B. Cliff, Cultural agencies fulfill their responsibilities. By law and Resources Survey of Six Proposed Timber-cutting tracts by Executive Orders, Federal agencies are at Wright Patman Lake, Bowie County, Texas and required to consult with and involve tribes on a Lake O'the Pines, Marion and Upshur Counties, government-to-government basis/ This consulta Texas, Geo-Marine, Miscellaneous Reports of tion requires hearing the views and concerns of Investigations 201 (2000). tribes impacted by the actions or inactions of 5 Anthony Davis, "Officials Crack Down on Artifact Federal agencies. Ignoring the views and concerns Looters", Texarkana Gazette, (August 3, 2001): 1,8. of the Caddo Nation has led to a relationship " Darby C. Stapp, "Tribes Working with Agencies to Protect Resources", CRM23, no. 7 (2000): 41-44. with the Fort Worth District that has often been Executive Order 13175. volatile. Yet only through a cooperative relation ship can traditional properties of importance to Robert Cast is the Tribal Historic Preservation Officer for the Caddo Nation be protected. the Caddo Nation of Oklahoma. A graduate of the University of North Texas, he has worked for the Caddo Notes Nation extensively on preservation issues in Texas, 1 Timothy K. Perttula and Bo Nelson, "The Looting Louisiana, Arkansa, and Oklahoma. of Prehistoric Caddo Indian Cemeteries in Timothy K. Perttula (Ph.D., 1989, University of Northeast Texas," Texas Forum on Civil Liberties Washington) is a principal in the firm Archeological & and Civil Rights A, no.l (1999): 77-86. Environmental Consultants in Austin, TX. He has been Notes on file, Texas Historical Commission, Austin, studying Caddo archeology and history for more than 25 TX. years, principally in Texas and Oklahoma.
Artifacts seized under search warrants for the home of a man who had looted the Petersburg National Battlefield in Virginia weekly over 3 years. NPS photo.
2S CRM No. 2—2002 Julia G. Longenecker and Jeff Van Pelt Tribal Perspectives in the War Against Looters
ducation about the impact of loot looting and pointed out the laws and regulations. ing on Native Americans is pro Then agencies began taking looting seriously. ducing positive results. When law Tribes and archeologists in the Northwest enforcement officers, prosecutors, began to realize that one of the problems with and judgeEs understand that these acts of desecra getting convictions under protection laws was tion cause real harm to the Indian people, they that the local law enforcement community did gain a greater appreciation for the damage done not know cultural resources laws. Various organi by this "victimless crime." Now when looters are zations began sponsoring 2- and 3-day classes on caught, prosecutors are more likely to take the the Archaeological Resources Protection Act case and judges are more likely to take cases seri (ARPA). Local governments were becoming ously. aware of looting. A local county sent one of its CTUIR's Experience detectives to the Federal Law Enforcement The Confederated Tribes of the Umatilla Training Center's (FLETC) Archeological Indian Reservation (CTUIR) Cultural Resource Resources Protection Training Program (ARPTP) Protection Program (CRPP) started in 1987, and local counties began training their officers focusing on protecting cultural resources on the about cultural resource laws. reservation and within ceded lands located in In 1998, we attended the ARPTP class and northeastern Oregon and southeastern found that it was thorough, good, and long (5 Washington. CRPP started with 3 people and has days), but there was one problem: the instructors grown into an aggressive program with a staff of did not address Native American concerns. We 25. The program is a mix of tribal Map of the mid- cultural resource technicians, Columbia River archeologists, and a tribal pro region of Oregon gram manager who conduct sur and Washington. veys, monitor site impact, evalu ate sites for listing in the National Register of Historic Places, and engage in other cultural resource stewardship activities. CRPP has focused on the battle against looting since the mid-1990s. CTUIR along with other tribes implored agencies to comply with cultural resource protection laws. Often agencies said that they didn't see much looting, that looting was not a problem in the mid-Columbia River region. We pointed out that they did not see the looting because they were not out on the river looking for it. We saw it every day. We showed them the
CRM No. 2—2002 29 A crime scene did not learn about the team investi impacts that looting village gates a simu lated looted sites and disturbing the housepit during graves of our ancestors had a class in 2000 on the Indian people. at the HAMMER Cultural Instead, instructors talked Resource Test about the loss of data to Bed in Richland, archeologists and the collec WA. tive loss of heritage to the United States. This informa tion needed to be enhanced by concern for Native American values. A New Approach In 1998, 6 weeks after taking the FLETC class, we had developed our own law enforcement class on catch caused. No longer could local authorities view ing, prosecuting, and convicting archeological looting as a minor, victimless crime. When looters. The training team included two prosecu Native Americans were brought into the process tors, a detective, tribal members, a tribal archeol- to explain the damage that results from looting, ogist, and tribal elders. October 2001 marked the the impact of looting became severe. fourth year of this training, which included a mix That Native Americans are hurt by these of tribal and nontribal presentations and exten senseless acts of destruction is not a secret. sive field work on simulated archeological sites, National Geographic Magazine, for example, has recently built and then looted by actors posing as discussed impacts on Indians in their looting sto suspects.' The class has grown from 32 partici ries.2 FLETC has described these impacts in its pants to over 90; about half of the participants video, "Assault on Time." Much publicity has are tribal members. surrounded the issue of impacts on Native Our training began through a partnership American from unearthed burials. Archeologists, between the Benton County, WA, sheriff's however, have not often included Native department and CTUIR. Our partnership American perspectives in the battle against loot evolved through looting cases. In one successful ers. The source of underlying conflicts about 1998 case, two men were accused of looting ownership of prehistoric dwelling sites and Indian artifacts from Plymouth Island, an impor remains of Indian ancestors is open to debate. tant prehistoric village site located across the Last year we asked a Benton County Columbia River from Umatilla, OR. The arrest Superior Court judge to speak at our tribal arche ing deputy did not find the men in the act of dig ological resources protection training about his ging but suspected them of poaching. He perspective on cultural resource crimes. His short approached them near their car and discovered presentation was widely discussed. He referred to that they had digging equipment, artifacts, and the Plymouth Island case as an eye opener for drugs. A search of their house resulted in the him. His words touched many. seizure of 11,000 artifacts. We gave the victims a chance to speak and The sheriff's department asked CTUIR to they spoke about the cultural significance of help search the house. We inventoried all of the the site in question....[The looting] was more artifacts, and called in tribal elders to identify the than just an intrusion; for the victim it was a most significant artifacts and to help educate the burglary. prosecutor about the cultural significance of the The judge told law enforcement officers collection. Through this experience, the officers that they needed to understand the law from all and prosecutor were able to experience the dam sides and to appreciate the reasons for these laws. age firsthand. They saw that someone has been We recently gave a presentation on looting harmed by the destruction that looting had awareness to Northwest region tribal court
30 CRM No. 2—2002 judges during their annual conference. The pos Use tribal members to convey the message. itive response from the judges was overwhelm Native Americans are often quite effective in ing— communicating the impact of a crime. They are very good at sharing a cultural perspective that You need to strengthen cultural resource codes many non-native people find compelling. on the reservations [because only a few tribes Videotape their comments for use in presenta have a cultural resource tribal code]. tions. One 30-second video segment seen in our Quotes from the court records of actual ARPA region shows a Wanapum Band leader, Rex Buck, cases really made us feel it in our hearts. Jr., saying — Continue doing exactly what you are doing. How would you feel if I came to your home and took some of your heirlooms that you've We didn't know all of this was going on. had from the past that maybe your great The great need for training has driven us to grandfather passed down from generation to generation? And you have ... the feeling that continue exploring new ways to sensitize people it's priceless. It can't be replaced. . . We can't to the impacts of looting on Native Americans. replace anything here. We have feeling [for Recommendations the] land [and] everything that is in the past. We have several suggestions for combatting Because it's our ancestors, it's our people. looting, many of which can be addressed locally. Emphasize cultural significance in addi Be proactive. Don't wait until there is a tion to importance of scientific data. The court looting event. Develop relationships with prose must understand that there are other conse cutors and judges. Meet them. Get involved in quences to looting than those to archeologists, cases. Make presentations at conferences, espe and other uses of the data beyond science. In the cially those attended by lawyers, prosecutors, and Plymouth Island case, the defense hired local judges. Sherry Hutt, a Superior Court judge in archeologist James Chatters as an expert witness. Arizona, reminds us to "educate all lawyers on He argued that the artifacts were no longer scien aspects of cultural property law. From the ranks tifically important because they had lost their of the lawyers come the judges. It's good to get archeological context. The artifacts had been them while they're young." Many judges are found on the shore, eroded out of their original unaware of the cultural resource laws and their stratigraphic context, and now were useless. importance to Native Americans. CTUIR responded with a letter from the tribal Emphasize to the public and law enforce archeologist who argued that the artifacts and the ment that looting harms people, especially site were culturally significant to the tribe and Native Americans. In court cases where the only that the loss of stratigraphy was irrelevant. The victim represented is an archeologist who has lost looters were convicted and sentenced. some data, the case may not be very compelling. Call the court's attention to the fact that Judges often are reluctant to convict nice guys in stolen artifacts are more than buried debris. Tim suits with not-guilty pleas. Even when the evi Simmons, assistant U.S. attorney, Portland dence is convincing that an archeological crime District of Oregon, explains that the judge must was committed, judges and juries cannot help recognize that artifacts are sensitive objects that but compare the harm to other cases of theft, bat should be returned to the tribes, regardless of the tery, rape, or extortion, where "real people" were outcome of the case. hurt. Archeology curricula need to include more Use effective language in court. Kristine education on Native American perspectives. Olson, former U.S. attorney, District of Oregon, CTUIR has made a commitment to several uni suggested that we need to use strong language to versity anthropology departments to help educate correctly describe what is going on. Say "stealing their students on the cultural significance of artifacts" instead of "taking artifacts," "grave rob Native American sites. bing" not "disturbing Indian skeletons," "dese Conclusion crating an ancient village" not "disturbing a pre Many successful convictions in Benton historic archeological site." Such words resonate County are due to the commitment of local offi with juries and better describe the nature of the cials, the partnership between CTUIR and the crimes.
CRM No. 2—2002 31 sheriffs department, and the tribe's aggressive Struggle to Protect Ancestral Graves in the United commitment to the partnership. It is up to the States (Minneapolis: Lerner Publishing Company, 1994). archeological community, Federal land managers, Society for American Archaeology, Save the Past for the judicial system, and Native American com the Future IF Report of the Working Conference munities to collaborate to combat looting and (Washington, DC, 1994). vandalism. Julie Fongenecker is an anthropologist with CTUIR's Notes CRPP, a position that she has held for the past 5 years. She 1 For more information on the training, see Julia G. has an MA degree in anthropology from the University of Longenecker and Jeff Van Pelt, "Training for Law Idaho, 25 years of field experience, and is a registered pro Enforcement, A Tribal Perspective," CRM22, no.5 fessional archeologist. She is involved in developing and (1999): 17-18. conducting training programs on cultural resources protec 2 Harvey Arden, "Who Owns America's Past," tion. National Geographic Magazine 175, no. 3 (1989): 376-392. Jeff Van Pelt is the cultural resource manager of the 3 See Roger Downey, Riddle of the Bones: Politics, CTUIR's CRPP. He is involved in contract negotiations, Science, Race and the Story of Kennewick Man (New consultations, and repatriations. As of 2000, he is acting York: Copernicus, 2000); David Hurst Thomas, director ofCFUIR's Department of Natural Resources. He Skull Wars: Kennewick Man, Archaeology and the helps to protect archeological sites and culturally sensitive Battle for Identity (New York: Basic Books, 2000); resources by developing and conducting training programs. and Roger Echo-Hawk and Walter Echo-Hawk, Battle Fields and Burial Grounds: The Indian Illustrations by Julie Longenecker.
Garry J. Cantley Bureau of Indian Affairs Training on Archeological Resource Crime
nyone who has dealt with the ARPAs goals, which may reveal the conflicting Archaeological Resources Protection messages of what archeology represents to the AAct (ARPA) and archeological Indian community. Moreover, because of com resource crimes soon realizes the complex rela plexities in law enforcement jurisdiction on tionships involved in successful prosecution. Indian lands, which can include Fedetal, tribal, When applied to American Indian lands, ARPA State, or even county law enforcement agencies, presents additional advantages and challenges. there is often a disparity in knowledge of archeo Perhaps the greatest advantage of pursuing logical resource crimes. Because of staff turnover, ARPA prosecutions on tribal lands is the strong law enforcement personnel require periodic and connection between reservation populations and consistent instruction about ARPA and the ele their archeological resources, and the responsive ments of successful prosecutions. Although not ness of the nation's divetse tribes to the ovetall unique to Indian lands, another challenge is how goals of ARPA. Another advantage is that tribal briefly the antilooting message temains in peo courts offer an additional venue for prosecuting ples' minds. The fact that looting is illegal and archeological resource crimes. should be reported has not become firmly Ironically, a big challenge to applying ARPA planted in the consciousness of the Indian popu on Indian lands often stems from articulating lation or the Nation as a whole.
M CRM No. 2—2002 Some of San The Bureau of Indian Carlos' finest: Affairs (BIA), in concert with a tribal rangers (left to right) Whitman growing contingent of Indian Cassadore, Larry tribes, is addressing these issues King, George by actively promoting training as Jones, Jerald Thompson, Sr., part of a program that remains a and Emerson work in progress. In recent years, Baylish from the BIA has hosted five of the well- San Carlos Apache Tribe at known 40-hour Archeological a recent ARPA- Resources Protection Training Lite class, Program classes presented by Pueblo of Acoma, NM. staff of the Federal Law Photo by the Enforcement Training Center. author. BIA sponsored two of these classes directly on Indian lands at the Hopi and Navajo reserva tions. BIA also hosted and assisted in the development of an important extension of this class lic education, the training now includes guide entitled "Archeological Damage Assessments," lines for interacting with the media provided by a which provides in-depth training in a crucial professional journalist. aspect of any ARPA case. Over 90 percent of all Collaboration with the affected Indian BIA archeologists have attended both classes, tribes is basic to BIA's training efforts to combat with colleagues from other Federal, tribal, and archeological resource crime. Working closely State agencies. with the host tribe to present the training BIA also has developed another training enhances the success of the training by high rates opportunity that is more specific to archeological of attendance, favorable evaluations, continued resource crimes on Indian lands. Referred by its requests for training, and an increase in the num presenters as ARPA-Lite, this class had its origins ber of ARPA cases. Other favorable measures as a BIA response to a request for training in include the willingness of Federal prosecutors to 1998 by Mervin Wright, chairman of the provide presentations at the class and, from BIA Pyramid Lake Paiute Tribal Council, following an management, recognition of the need for such ARPA violation. The class has since been pre training and funding support. sented 15 times in 6 Western States, reaching A colleague once noted while we were sur over 300 students. In order to enhance its effec veying ARPA training opportunities around the tiveness, the training is always free and generally Nation that ARPA is big enough for all such presented on the host tribe's land. classes and more. BIA is aware of some tribal ARPA-Lite training consists of 1 day in the ARPA training programs and encourages their classroom followed by an important one-half day continued success with an eye towards coordinat in the field visiting local archeological resources. ing our respective efforts. Likewise, we encourage The first day's typical agenda has settled into other tribes to develop similar curricula. Locally seven hour-long presentations that cover an developed training resonates in tribal communi overview of ARPA usually presented by a local ties in ways that training developed regionally or assistant U.S. attorney, the role of the archeolo- nationally cannot. Training focused on local gist, the host tribe's cultural preservation pro needs is essential to eliminating looting and dis gram, a national perspective on archeological rupting what to tribes may be both sacrilegious resource crimes, crime scene management, civil and criminal. prosecutions in both Federal and tribal courts, and prosecution and prevention strategies. In Garry J. Cantley is regional archeologist, Western Regional response to the perceived need for increased pub Office, Bureau of Indian Affairs, Phoenix, AZ.
CRM No. 2—2002 33 Wendy Coble Management of Historic Ships and Aircraft Sites
ollecting, or the desire to keep stricken from the active inventory list are not souvenirs, has its roots in considered formally disposed or abandoned. mankind's earliest thoughts. The Under the sovereign immunity provisions of Creasons for collecting are as var admiralty law, the Navy retains custody of its ves ied as the collectors themselves. For many people sels and aircraft, whether lost in United States, the thrill of collecting is having a piece of history. foreign, or international boundaries. The Navy Souvenirs connected with aviation history are not upholds the rights of foreign nations to their ves exempt from a collecting interest. Aviation arti sels in U.S. territorial waters as well. facts from military aircraft, "warbirds," have an The Government's claim that only by increasing monetary value, making them real express act of Congress can military ship and air "treasure" and the target of intensive looting craft wrecks be abandoned was recently upheld in efforts. For some collectors, the lure of treasure July 2000. In International Aircraft Recovery, can be too much to resist. Some collectors reason L.L. C, a Nevada Limited Company v. the that souvenirs are there for the taking and believe Unidentified, Wrecked and Abandoned Aircraft, that no one would notice or care. Not all looters intervenor United States of America, the are the same. Many do not know the law and do Government won its claim of ownership of a not realize that removing material from military wrecked TBD Devastator off the coast of Florida. wrecks is illegal. Some loot intentionally figuring The TBD Devastator was the Navy's first all- that they will not be caught. But looting a mili metal, folding-wing monoplane, produced in the tary crash site is illegal, can be very dangerous, late 1930s. Most TBDs were lost in the Pacific and is an avaricious waste of important cultural battle of Midway in 1942, when the Navy lost resources. whole squadrons. At the time of its discovery the In 1993, the Naval Historical Center TBD off Florida was the only TBD in existence. (NHC) initiated an archeological management Since that time several more have been discov program for its historic ship and aircraft wreck ered. This particular TBD is thought to have sur sites, both on land and underwater. This program vived both the battles of Coral Sea and Midway. was aided in part by the U.S. Department of Its identity is still not certain. Defense Legacy Resource Management Program The Navy encourages the study and preser that was established by Congress in 1991. The vation of its historic ship and aircraft sites. Divers NHC's Office of Underwater Archaeology is the may explore Navy wrecks, at their own risk, but U.S. Navy command responsible for managing they are encouraged to report the location of these sites. Under the National Historic newly rediscovered sites to allow the Navy to Preservation Act, the Navy is obligated to protect evaluate and preserve these important remnants historic properties, including ship and aircraft of our collective past. The Navy has also initiated wrecks, for which it has custodial responsibilities. a permitting policy for archeological study and Navy custody of its wrecks is based on the prop responsible removal. The Navy believes that per erty clause of the U.S. Constitution and interna mitting is the best way to ensure that a maximum tional maritime law, and is consistent with of information and material can be saved for Articles 95 and 96 of the Law of the Sea future generations. Under no circumstances may Convention. These laws establish that right, title, salvage of Navy aircraft or shipwrecks be under or ownership of Federal property is not lost to taken without permit. the Government due to the passage of time. Navy Beyond protecting the Navy's ownership ships and aircraft cannot be abandoned without rights, there are other problems associated with formal action by Congress. Ships and aircraft illegal tampering. All military wrecksites are dan-
34 CRM No. 2—2002 gerous. Military ships and aircraft were built to wide. Proper education can convince potential fight. These vessels carried more external equip looters of the need to protect and preserve the ment than civilian craft, which can entangle tangible remnants of our collective past. When divers. More importantly, however, the vessels divers and aviation buffs understand the role that also carried live ordnance. As unexploded muni they can play in conserving sites and aircraft, they tions corrode they become increasingly unstable. represent a large corps of volunteers who can It is extremely dangerous to move, remove, or spread the preservation message and help to pro physically investigate these time bombs without tect sites from illegal tampering. the right equipment and expertise. Often muni Another avenue for education is NHC's tions will be obscured under marine growth and Website, which reaches millions with information the first sign of disaster will be evident when on the Navy's policies and procedures as well as someone taps a bomb to see what it is. information about sites. In addition, NHC staff There are other less dangerous conse publishes articles, talks to school and civic quences from looting military wrecksites. groups, and continually strives to work closely Removal of pieces or whole sites to add to some with other cultural resources managers in educat one's personal collection restricts others from dis ing the public. Occasionally, however, education covering or learning about history that belongs to and prevention are not successful, and interven everyone. This is especially true if the collector tion is necessary to ensure that looted items are does not know how to preserve and protect the returned. material for the long term. This activity destroys The intervention of Naval, State, and a finite resource, damaging a site, making inter Federal law enforcement investigators usually pretation less accurate. Not only is material lost, results in the return of Navy property. Because but any information that a site might have held situations and the individuals involved vary, it or could have contributed to understanding the would be inappropriate to use the same response site and others like it is irretrievably lost. for all. This is where diplomacy becomes para Indiscriminate removal could also disturb war mount. The Government usually attempts to graves. work with an individual based on the circum Illegal salvage of cultural heritage is a major stances and the individual's willingness to cooper concern for all cultural resource managers. Illegal ate. For instance, in early 2000 NHC was noti salvage, or looting, will always be a problem as fied that a Revolutionary War bronze swivel gun long as there are assets that are not under con was offered on the online auction site eBay. stant surveillance. Because NHC is responsible NHC notified the U.S. Justice Department, for thousands of sites, policing every site all of which in turn contacted eBay requesting the the time is impossible. Therefore, NHC focuses identity of the seller and received full coopera on deterrence, preferring to be proactive rather tion. The Justice Department then notified the than reactive whenever possible. seller that he was attempting an illegal sale. The NHC's proactive stance can take several seller was told to cease and desist in his activities forms. No two situations are alike, so every situa and was asked to return the property to the U.S. tion must be handled with diplomacy and most Government. Although the seller had purchased situations can be resolved without litigation. the gun at a gun show and had not been the one Because many people are unaware that to remove it from its site, the seller was most removing or disturbing wrecksites is illegal, cooperative and brought the gun to NHC. NHC's first goal is education. NHC is a center Within months the gun was placed on loan to for research and scholarly writing. In this setting, the Lake Champlain Maritime Museum not far the staff compiles data about sites, assesses their from where it was found. A similar situation environment and the threats to their protection occurred several months later with an historic and preservation, and looks for ways to creatively Navy painting for sale on eBay. manage sites in the public's best interest. The Another example in the early 1990s Underwater Archaeology Branch at NHC collects involved an F6F Hellcat found off of the New information on wrecksites to gain a better under England coast. A group of local aviation enthusi standing of how to manage this vast responsibil asts reported the find to NHC so that they could ity. This work in progress includes over 3,000 recover it for their museum. The Navy felt that shipwrecks and 14,000 aircraft wrecksites world the finders were ill-equipped to handle the recov-
CRM No. 2—2002 35 ery safely and stabilize an aircraft retrieved from competitor will inform NHC of something being salt water, both of which are costly and time-con planned or actually being done illegally. suming endeavors. Their request was denied. The Cooperation is vita, and NHC appreciates group proceeded to recover the aircraft despite any assistance offered. NHC relies on Federal, the denial and severely damaged the aircraft. State, and local law enforcement as well as cul Although a lawsuit was threatened, the tural resource managers at every level. NHC can, Government was able to resolve the matter equi in return, offer guidance in dealing with similar tably by allowing the museum to borrow the situations. NHC seeks to educate divers and col Hellcat for display in a long-term loan from the lectors in the ethics of protecting fragile finite Navy. The museum agreed to be responsible for resources. conservation and restoration, which, although a lengthy procedure, is steadily progressing. Notes 1 Rarely, a situation will result in litigation, as The permitting policy has been published in the Code of Federal Regulations as 32 CFR 767. in such cases as the TBD Devastator previously United States v Richard Steinmetz, 1992. mentioned, recovery of the bell from CSS 3 United States v. Peter Theophanis, 1995. The case was Alabama, and illegal recovery of a military air lost because the Navy thought that a protected air craft from an underwater crash site. In cases of craft had been recovered, based on the unique litigation, NHC does not prosecute, but is repre Bureau of Aeronautics Number, but the aircraft had sented by the Department of Justice, usually with been misidentified. Theopanis recovered a militaty aircraft, but not the one with the number cited. the assistance of others including the Office of the Judge Advocate General and the Naval Wendy M. Coble is aviation issues specialist at the Naval Criminal Investigative Service. Historical Center's Underwater Archaeology Branch, Before anything can be done about looting Washington, DC. of a Navy site, NHC must be made aware that a crime has occurred or is about to occur. For more information about the Navy's Information is acquired through a network of policies and procedures with regard to historic sources. Cultural resource managers, both State ship and aircraft wrecksites, please visit the and Federal, often notify NHC of potential prob
Online auctions represent a burgeoning global market for archeological resources. Thus far, there is no effective way of monitoring auctions for illegal trafficking. Photo by Robert D. Hicks.
36 CRM No. 2—2002 Leif Haggstrom Using Local Groups to Prevent Looting An Example from Western Sweden
n 1995, a prehistoric solid gold torque national concern about preserving prehistoric (necklace), found in Vittene, Vastra resources, so legislation was amended to prohibit Gotaland, western Sweden, was the use of metal detectors on Gotland and reported to the Alvsborg County Oland. Later, the prohibition was expanded to MuseumI. Archeologists surveyed the area with include all of Sweden. Although the law does not metal detectors and discovered four more gold forbid owning a metal detector, the local county objects near the torque findspot. The Vittene administrative board must give permission to use hoard, one of the biggest prehistoric gold trea it. sures found in Sweden, was complete. Naturally, Government authorities considered the it attracted attention, both good and bad. The Vittene site secure after the primary metal-detec Vittene case study demonstrates the value of tor survey was carried out in 1995. Initially, the enlisting local history groups in protecting sites. media were not informed about the exact prove An overview of legislation concerning prehistoric nance of the treasure, but after the survey a press monuments, sites, and objects is relevant to conference was held on the site. During the understanding Swedish legal protections. spring of 1996, however, visitors to the site dis The first legislation concerning prehistoric covered that looters using metal detectors had monuments was passed in A map of north ern Europe Sweden in 1666, when the showing the country was one of the major islands of Oland powers in northern Europe. The and Gotland in the Baltic Sea law stipulated that the state and Vittene on assumed ownership of all pre the western part cious objects found in the of the Swedish mainland. ground. Prehistoric remains Illustration by have been well protected ever Samuel Bjorklund since. Currently, prehistoric arti and Leif Haggstrom, facts found in Sweden must be Jonkoping turned over to the state cultural County Museum, heritage management. If objects Sweden. made of precious metal are found in places where no monu ments or sites are registered, the finder receives a reward based upon the metal value of the object. A symbolic supplement to the value is also added; the symbolic premium to the Vittene torque was about five times its gold value. In the 1980s much metal- detector looting took place on Gotland and Oland in the Baltic Sea, islands rich in precious metals. The looting created great
CRM No. 2—2002 37 The Vittene damaged the area. As the loot hoard, dated to ers had not bothered to fill in the 1st century A.D. Photo by the holes, their activity was Ola Eriksson, obvious: some 50 spade-dug Alvsborg County holes covered the most archeo- Museum, Sweden. logically interesting field. Government authorities began to talk to local residents, who provided relevant information. First, the nearest neighbor had been having problems with the motion detectors on his own property during the winter. Someone had been manipulat ing the detectors' settings. Further, a local photographer who lived about a mile away was sitting in his study late at night when he observed strange lights moving about on the looted field. He did not reflect upon the event until he read about the looting in a local newspaper. months earlier, and the looters had been able to Because of the looting, the investigators work without fear of observation from the neigh pursued an innovative strategy: they began col boring farm. The 200-250 spade-dug pits in the laborating with local history groups, which are field revealed that the looters must have been common in Sweden. Often these groups cover working for an extended time. The extent of the only a single parish and they show a friendly looting indicated that multiple looters were rivalry towards similar groups in parishes nearby. involved, possibly with a lookout to sound the Investigators worked hard to meet with and alarm if someone came by the nearby road. A invigorate groups in the looted area, resulting in minor test excavation in the field did not reveal useful information concerning significant but any signs of prehistoric cultural remains, so hope previously unknown sites. Through contact with fully the looters labored in vain. investigators and the county museum, the locals In all, archeologists estimate that about 3 became more aware of the cultural landscape in percent of the area surveyed had been looted but, which they live and they also learned to be more without having enlisted locals, the percentage observant of suspicious activities in the area. A would have been larger. The lure of precious met local military officer even offered to call in sol als, the possibility of locating unusual prehistoric diers to patrol the area—the offer was declined. artifacts, and the ease with which looters can gain Despite this increased cooperation, two access to a relatively unprotected area with publi more looted sites were discovered 2 years later cized sites militate against protection and conser when archeologists widened their metal detector vation. Despite the protection of the law, neigh survey in the area. One of the new sites was fairly bors and local history groups must be recruited remote, about a mile from the Vittene site. Here, to provide casual surveillance of cultural the looters probably worked undisturbed at night resources. Government authorities must work to by flashlight. The discovery of the second looted convince citizens that buried artifacts constitute site was quite alarming. Near a medieval church, much of their cultural heritage, and that citizens, the site was similar to late Iron Age graves in the in fact, own the resource. region, but before the site was discovered no Leif Hdggstrom wrote a licentiate (a Swedish degree finds had been documented. The site lay exposed between M.A. and Ph.D.) treatise on the archeology con close to a local road between the village and the nected to the Vittene hoard and is currently working as parish church. The farmer who owned the field curator!archeologist at the Jonkbping County Museum, was incapacitated due to an accident a couple of Sweden. His e-mail address is
38 CRM No. 2—2002 Michael Trinkley Securing Cemetery Plot Gates
he theft of cemetery art such as Not all communities, however, have been as statues, fences, and other art fortunate as New Orleans. In South Carolina, for work is common and profitable. example, police tracked a gang of fence thieves, Just how profitable is difficult to that hit at least five cemeteries, some during determineT, but for years the media have periodi broad daylight, over a 2-month period. The route cally brought the problem to the attention of the could be traced on a map, but police were always public. For example, a 1996 Associated Press arti just a city behind the thieves. At one cemetery cle in the Abilene, TX, Reporter-News quoted in South Carolina a 200-year-old English gate detective Richard Peavey, "A dealer can buy a was stolen and, in spite of a $1,000 reward, was piece for $200 or $300, or even go to a cemetery never recovered.' and get it himself for nothing, and then turn The general agreement is that iron gates are around and sell it for $1,700-$ 1,800 or more."1 easy targets. Many historic cemeteries are iso His investigation found a thriving black market lated, rarely visited, and poorly maintained. Even for statues, marble urns, and wrought-iron fences in cemeteries where visitors and oversight are in northeastern Texas. In 1998, USA Today common, gates can be quickly removed, placed reported on the newest craze, "cemetery chic," a in a pickup, and the thief long gone before any design fad for stolen cemetery artwork and one notices or can react. Gates also are profitable, fences. The good news, at least for New Orleans, being sold for anywhere from several hundred to LA, was that there had been arrests and the several thousand dollars, depending on the style, recovery of a hoard of stolen goods, all from the condition, and market. And it appears that the "Cities of the Dead."2 A year later, Preser-vation chance of getting caught seems rare — the New News highlighted the progress made by New Orleans experience notwithstanding. Gates are The picket top or Orleans in curbing the "widespread . . . brazen rarely photographed or marked, so proving own gate finial partially covers the ceme [and] lucrative" theft of graveyard items. The ership can be impossible. tery gate eye, article reported that the New England Cemetery While there are no simple solutions, there preventing the Association was encouraging owners of plots to are steps that cemetery caretakers can take to gate from being lifted off of its report thefts, about the only advice that was reduce theft and improve chances of recovery. hinges. offered.^ Most of the preventative steps involve a common practice, "hardening the target," making it less vulnerable to attack or theft. But prevention should also be coupled with appropriate docu mentation of gates. Should the worst occur, good, detailed photographs of the gate will not only help to identify the gates if recovered, but can also put pressure on those who might accept the object, thus making it more difficult for the thief to dispose of the gate. Hardening the Target Probably fewer than 5 percent of the gates that I've seen in nearly 20 years of research have been secured. In a few cases the pins are so cor roded that removal would be difficult. In a few other cases the design included some device to prevent or inhibit the gate's removal. But most can be easily removed, with theft often requiring only a few seconds.
CRM No. 2—2002 39 Certainly the first step is careful examina they do alter the original drop rod, since welding tion of a gate to determine how (and how easily) relies on melting the metal. Nevertheless, it can it can be removed. One of the largest manufac be argued that under certain circumstances, such turers of the late 19th century — still in business as an area with a high incidence of past theft or a today — is Stewart Iron Works. Virtually, all of rural area where oversight is not possible, welding their gates were secured using what is called a is far preferable to losing the gate. drop rod, placed through pins or sockets on both In cases where welding may be impossible the gate and the gatepost. Removing the gate or inappropriate, another approach is to install simply involves removing the drop rod. Many stainless steel aircraft cable with ferrules to create other gates use a simple hook and eye combina a loop joining the gate and gate post. Appropriate tion, allowing the gate to drop into position; diameters are 1/8-inch (3 mm) and 3/16-inch (5 removing them is just as easy. Very few gates have mm). Larger diameters are typically difficult to closed hinges, where the design inhibits removal. form and far more obvious. Smaller diameters Others, while having hook and eye hinges, have provide significantly reduced security. While this additional modifications to make removal more approach is more intrusive (and visible), it is difficult. The photograph on the previous page reversible. It is also, admittedly, less secure since reveals that a picket top (probably screwed onto good cutters can gradually work their way the top rail) partially covers the gate eye, making through the cable. The point is that the cable it impossible to remove the gate. slows the would-be gate thief just as a lock on a Any effort to prevent theft should be door slows a house thief. An alternative, espe reversible and should respect the historic fabric. cially for short-term use, is vinyl-coated zinc In other words, while welding a gate shut would cable, which is commonly available at hardware dramatically reduce its potential for theft, the stores. Using vinyl-coated zinc 3/16-inch cable, a fence's historic character would be dramatically gate can be secured for as little as $2.00 in mate altered. Cutting, drilling, and other nonreversible rials. approaches should also be avoided. Finally, it is possible to use locks to secure For gates with drop rods, one technique to gates. At times the gate includes a hasp or other reduce the ease of theft is to weld or braze a bar locking device that is still functional. A limita to the terminal end of the rod to prevent its tion, of course, is that maintenance workers are removal.7 Defeat of this technique can be accom then unable to enter the plot for mowing and plished only by cutting the end of the drop rod other activities. Under some circumstances or by removing the welded or brazed bar. Efforts removable shackle padlocks may be used, if the to violently remove the gate, while typically shackle is sufficiently large to attach the gate to unsuccessful, will cause collateral damage to the the gatepost. Keyed cable locks also might be gate, gatepost, or adjacent fence section. This effective. These are similar to aircraft cables, but technique can be effective for gates with hooks, are thicker and more secure, and are keyed for assuming that the hook or pin projects high easy installation and removal. While many of enough above or below the eye. While welding or these mechanisms offer exceptional security, they brazing bars on both the upper An example of and lower hinges achieves the closed hinges, where design best results, even modification inhibits removal of one will significantly harden of a cemetery the target, making theft less gate. Unfortu nately in this likely. case, the hinge Does such an approach post has been alter the historic fabric? Is it disconnected from the top reversible? The answer depends and bottom on the care and sensitivity of the rails, and the approach. Poor workmanship, gate is unse cured. coupled with an oversize bar, is likely to detract from the origi nal appearance. Welds can be removed, although admittedly
40 CRM No. 2—2002 are also rather intrusive, detracting from the gate authorities detect patterns in crime that may ulti and its setting. mately lead to arrests. In addition, if you have Preservation may sometimes involve remov good photographs of a stolen gate, post notices of ing a gate from the cemetery for safe storage, the theft, send copies to antique dealers although this should be viewed as a short-term Statewide, and issue press releases with the story. measure, not as a permanent solution. Not only Send information to local and Statewide historic is safe storage difficult to find, but removed from preservation organizations, and offer a reward. its context, gates often lose their historic signifi These steps help to attract attention to the theft cance. It is worth noting that gates that are and may make it more difficult for the thief to already damaged or no longer properly set are find a buyer, at least locally. particularly vulnerable to theft. At times they are Protecting resources in historic cemeteries crudely secured to a more stable fence section requires some thought and advance planning. using baling wire, although more often they are Once items are stolen it's too late to contemplate simply leaned up against a tree. Loose gates improving security or making changes. Like all should be carefully secured until they can be disaster planning, take proactive steps to ensure repaired and reset. that your cemetery is protected and preserved. Recording and Marking Like any piece of valuable property, ceme Notes 1 tery gates should be carefully recorded. The best "Cemetery Objects in Texas Finding a Thriving Black Market," Abilene (TX) Reporter-News, June approach is to take good quality photographs, 10, 1996. showing the fence against a neutral backdrop, 2 Maria Puente, "New Orleans Officials Work to complete with both horizontal and vertical scales. Make Cemetery Chic a Dying Fad," USA Today, Closeups should be taken of special details, such June 26, 1998. as name plates, unusual decorations, or evidence ' Alita Byrd, "Stealing from the Dead: Arrests in New of previous damage or repairs. The goal should be Orleans Underscore the Breadth of Graveyard Theft to capture images that are sufficiently detailed to Market," Preservation, March/April 1999, 19. 4 allow identification of the gate should it be stolen "Vandals Steal Ornamental Iron Cemetery Gates," Columbia, SC, The State, May 24, 1998. and later recovered. The photographs should be 5 "A Reward Offered for Return of Historic Gate," treated like any museum documentation and Columbia, SC, The State, February 25, 1998. carefully retained. Negatives should be stored ° Stewart Iron Works Company, P.O. Box 2612, separate from prints to ensure an additional Covington, KY41012, telephone (859) 431-1985. degree of long-term preservation. They not only produced an extensive line of fences Some manufacturers today discreetly num and gates, but also sold to a number of other firms ber individual gates. The purpose of the serial which applied their own name, including Cincinnati Iron Fence Company and Sears number is to help track stolen gates and return Roebuck and Company. them to their owners. Even old gates may be Welding is a method of joining metals by melting marked with a distinctive number, perhaps the and fusing the two pieces. In contrast, brazing con social security number of the plot owner or the nects the two pieces by using a small amount of Federal Employer Identification Number of the alloy metal that melts and flows between the two cemetery. Electric engraving tools can be used to close-fitting parts. One benefit of brazing is that it etch numbers into the gate, perhaps under the is less likely to warp or damage of the material bottom channel rail or on the side rail against the being joined. Done correctly, a brazed joint is often equal to a welded joint. The disadvantage is that gatepost. Another alternative is to use a welding brazing requires that the two pieces fit together bead to place a number on the gate in an incon tightly. spicuous location. While both approaches disfig ure the gate, this may be appropriate if the risk is Michael Trinkley, Ph.D., directs the Chicora Foundation, sufficiently high. Inc., Columbia, SC, a nonprofit heritage preservation Finally, caretakers should report all theft organization with 18 years of experience. Chicora's work and vandalism to the local police or sheriff's with cemeteries includes preservation assessments, identifi department. There is little chance that unre cation and mapping, and conservation of iron and stone ported items will ever be returned. Moreover, by objects. reporting the loss, you begin to help the local
CRM No. 2—2002 41 Alan P. Sullivan III, Patrick M. Uphus, Christopher I. Roos, and Philip B. Mink II Inadvertent Vandalism The Hidden Challenge for Heritage Resource Management
oncerns about reducing or elimi ARPA stipulates that "No person may excavate, nating threats to the nation's her remove, damage, or otherwise alter or deface any itage resources have a deep his archeological resource."" By these standards, the tory in American archeology.' following cases from Kaibab National Forest NearlCy a century ago, widespread recognition of might be considered violations of the law. In one the destructive consequences of unregulated use instance, soil dug from the artifact-rich plaza in of the archeological record helped secure passage front of a masonry structure was used to extin of the Antiquities Act of 1906.2 Motivations3 guish a fire in a hearth-ring that had been con and vagueness aside, the 1906 act is the key structed with the ruin's architectural debris stone statute that, in conjunction with the (photo below). In another occurrence, a masonry Archaeological Resources Protection Act of 1979 roomblock had been partially dismantled in order (ARPA) and the National Historic Preservation to provide rock for the construction of an unusu Act of 1966, safeguards America's heritage ally large campfire hearth (photo p. 43). There is resources.' Although designed principally to reg no evidence to suspect, however, that these her ulate excavation of archeological sites on Federal itage resources were disturbed for reasons other lands and to prevent unauthorized removal of than they supplied convenient sources of material their contents, these laws presume that acts of — soft dirt in the latter case and rocks in the for deliberate vandalism, such as looting and deface mer. ment,6 are committed by people who are moti This article explores the consequences of vated to possess objects of the past7 or behave inadvertent vandalism, which refers to acts that Large hearth maliciously. Section 1 of the Antiquities Act, for alter the postabandonment properties of heritage constructed of example, states that convicted violators will be resources — such as site size, artifact number, architectural fined or imprisoned if they "appropriate, exca artifact density, condition — that are indepen debris from an adjacent 11th- vate, injure or destroy any historic or prehistoric dent of the resources' historic, aesthetic, or eco century ruin. ruin or monument."8 Similarly, Section 6(a) of nomic qualities. The discard of trash and the construction of structures on the surfaces of her itage resources, as well as the intrusion of hearths through them, are examples of inadvertent van dalism. As numerous studies have shown, the interpretive potential of heritage resources is degraded by modern activities that modify sur face properties, mix surface and subsurface mate rial, or cause erosion.11 Although specific resources are not targeted in inadvertent vandal ism, the integrity of resources can be diminished dramatically nonetheless — in some cases literally overnight — by people who are unaware that they are behaving destructivly in an archeologi- cally rich landscape. As R. N. Clark notes, "In some cases, recreationists who have little contact with the environment may really not know what
42 CRM No. 2—2002 Hole dug into an is defined as vandalism."12 We artifact-rich plaza to extinguish a would expand Clark's observa campfire within a tion by adding that recreation- hearth that had ists and other users of public been con structed of archi lands may not know what con tectural debris stitutes a heritage resource. from an adjacent Hence, in contrast to the more 11th-century ruin. sensational cases of intentional vandalism that have been the usual focus of law enforcement and prosecution, inadvertent vandalism may pose a far greater challenge to those agencies responsible for protecting the Nation's heritage resources. A Study of Inadvertent Vandalism roads as those MUs that have not. This finding is To illustrate these points, we present some attributable to the fact that four-wheel-drive and data and analyses regarding the degree to which all-terrain vehicles allow woodcutters to reach vir heritage resources have been affected by inadver tually anywhere in the countryside. Lamentably, tent vandalism in an area called the Upper Basin, prehistoric structures are particularly susceptible which is located in Kaibab National Forest just to woodcutting damage because conifers thrive in south of Grand Canyon National Park in north- the ruins' fine-grained sediments. In these cases, central Arizona. Like many regions of the public lands take a double hit because live trees American West, the Upper Basin is mantled by a are being harvested directly from heritage dense pinyon-juniper woodland and contains resources. abundant heritage resources. ^ The Upper Basin Two lines of evidence show that camping, Archaeological Research Project (UBARP) has signified by brush structures, scatters of trash, completed a double-intensive archeological sur and campfire rings or hearths, is the most potent vey of 14 square kilometers of the Upper Basin, type of inadvertent vandalism sustained by the which means that the same terrain has been sur Upper Basin's heritage resources. First, we have veyed at least twice by crew spaced about 10 documented the locations of 344 campfire meters apart. With GPS technology, the UBARP hearths with GPS technology. Of these, exactly survey has recorded the locations of 810 one-half occur within 40 meters of a known MU, Mapping Units (MU). An MU refers to any and 28.2 percent are situated directly on a MU. observable phenomenon, such as a structure, a Although the U.S. Forest Service promotes "no fire-cracked rock pile, or an artifact concentra trace" camping, these data indicate that such tion, whose origins cannot be attributed to nat admonitions are largely unheeded. In addition to ural processes.14 Of several observations made the hearths, several makeshift "bucket" toilets about the condition of an MU, particular atten have been discovered; these violate official poli tion is paid to whether any postabandonment cies on human waste disposal.'' Second, and in material has been deposited, such as trash, wood striking contrast to the factors promoting wood cutting slash, or campfire rings or hearths. These cutting damage, MUs impacted by camping are observations allow us to gauge the extent of two far more likely to be located near roads than MUs principal types of inadvertent vandalism — not impacted by camping. In all likelihood, the woodcutting and camping. availability of level ground and ease of access to paved roads, especially for recreational vehicles, Of the 810 MUs logged by the UBARP are the principal landscape features affecting peo survey, for instance, 24.1 percent disclose evi ples' decisions about where to camp. In addition, dence of woodcutting such as stumps, slash piles, most Upper Basin camping occurs within a few sawdust, and discarded chainsaw oil containers. hundred meters of a major State highway, and As an indication of how widespread woodcutting much of this activity is "spillover" from Grand is throughout our project area, MUs that have Canyon National Park's Desert View camp sustained woodcutting are as likely to be near ground. This campground is available on a first-
CRM No. 2—2002 43 come, first-served basis and during the peak access gates, equipped with locks activated by a tourist season is sold out by 8:00 a.m. The only barcode on special-use or woodcutting permits, alternative for late arrivals is camping in Kaibab would inhibit woodcutters from gaining access to National Forest, which is advice commonly archeologically sensitive areas. Unless restricted, issued by park rangers. Clearly, inadvertent van woodcutting threatens not only unprotected her dalism caused by camping in the Upper Basin is itage resources but the ancient conifers that grow an interagency management problem. on and around them. Managing Inadvertent Vandalism Concluding Thoughts Since the UBARP survey was inaugurated Inadvertent vandalism profoundly affects in 1989, we have witnessed acceleration in the surface archeological phenomena, the starting rate and scope of inadvertent vandalism. Because point of all archeological research18 and the basis camping and woodcutting account for the vast upon which most Federal heritage resource man bulk of the impacts sustained by the Upper agement decisions are made.1" There are reasons Basin's heritage resources, it is unlikely that con to suspect that because inadvertent vandalism ventional approaches designed to control deliber impacts the surface archeological record, its ate vandalism will be effective,1" especially in effects are considered less destructive or problem view of the dramatic reduction in law enforce atic than those of deliberate vandalism, which ment budgets. We recommend two cost-effective often targets buried deposits. In addition, because measures to counteract this widespread and grow the bulk of legalistic discussion has focused on ing problem. First, designated campgrounds acts of deliberate vandalism, whether inadvertent placed on level ground with fenced perimeters vandalism carries the same penalties, even though will discourage the establishment of new hearths inadvertent vandalism is unquestionably a signifi and retard the expansion of camping-related cant aspect of the "archaeological resource protec impacts during the height of the tourist season in tion problem."20 Until unambiguous legal opin late spring through late summer. In the specific ions are rendered regarding the punitive conse case of the Upper Basin, such campgrounds quences of inadvertent vandalism, it would seem could be established quickly because an archeo prudent to seek remedies in containment strate logical survey already has been conducted in the gies rather than in the courtroom. area that would be affected by construction. ^ Our Upper Basin study illustrates, more Second, because woodcutting is not dependent over, how archeologists have failed to educate the on campground availability or designated roads, a public on the importance of archeological vari different management strategy is needed to con ability.21 The public's image of archeological trol its effects. In our view, strategically placed remains typically is based on accounts involving comparatively large, spectacular sites22 that are Upper Basin the least common features of regional archeologi Archaeological 2 Research cal records. * Until public education efforts Project study incorporate consideration of the full range of area showing phenomena that archeologists routinely investi locations of 810 mapping gate, such as diffuse artifact scatters, unobtrusive units and structures, and piles of fire-cracked rock, wide "impact haloes" spread ignorance of what constitutes America's around modern campfire heritage resource base will ensure its continued hearths. decline. Stippled area is The impacts of inadvertent vandalism on unsurveyed heritage resources are as consequential as they are unappreciated. The bad news is that, because vast areas of the Nation lack the large obtrusive remains that looters prefer,24 inadvertent vandal ism represents an unchecked threat to the preser vation of the archeological record. The good news is that modest reallocations of Federal resources — human, operating, and research —
44 CRM No. 2—2002 will go a long way to suppressing activities that, 13 Alan P. Sullivan III, Philip B. Mink II, and Patrick by any measure, are unacceptable to all managers M. Uphus, "From John W Powell to Robert C. and users of public lands. Euler: Testing Models of Grand Canyon's Prehistoric Puebloan Settlement History," in David A. Phillips, Jr., ed., Culture and Environment in the Notes American Southwest: Essays in Honor of Robert C 1 Alexander J. Lindsay, Jr., "Saving Prehistoric Sites in Euler (SWCA Anthropological Papers, in press). the Southwest," Archaeology 14, no.4 (1961): 245- Alan P. Sullivan, III, "Theory of Archaeological 246. Survey Design," in Linda Ellis, ed., Archaeological 2 Don D. Fowler, "Conserving American Method and Theory: An Encyclopedia (New York: Archaeological Resources," in David J. Meltzer, Routledge, 2000), 600-605. Don D. Fowler, and Jeremy A. Sabloff, eds., 1 American Archaeology Past and Future: A Celebration ' See Kaibab National Forest Website, of the Society for American Archaeology 1935-1985
CRM No. 2—2002 45 Susan L. Henry Renaud Safeguarding an Archeological Legacy Preventing Site Looting on Private Land
lthough challenging, there are and these controls can help protect archeological ways to prevent looting of arche sites. ological sites on private land. There are a variety of legal and voluntary Archeological sites on public and tools to help protect archeological sites. No single tribal Alands are fairly well protected from looting tool will be effective in all situations. Successful by existing Federal laws, such as the Antiquities site protection results from applying a range of Act of 1906 and the Archaeological Resources tools in various combinations depending upon Protection Act (ARPA), and by similar State laws. circumstances. The following are just some of the Archeological sites on private lands, however, tools that can be effective in preventing site loot receive much less protection from Federal, State, ing. and local laws, and private landowners have con Legal Tools siderable freedom to do what they want on their Land ownership. The strongest and surest own land. way to protect an archeological site is through A private property owner can be either the outright ownership and careful stewardship and strongest guardian against site looting or the pri management. mary threat to a site's continued existence. As Land-use and development regulations. By land stewards, property owners can actively man exercising police authority through planning, age their own sites, invoking laws against trespass, zoning, subdivision, open space conservation, theft, property damage, and other laws estab and other means, local communities establish lished to protect private real and personal prop archeological site protection as public policy and erty. Landowners may also, with a few excep can control activities on private land. tions, legally dig up archeological materials from Information Management Strategies their property and sell them to the highest bid Information confidentiality. Restricting der. access to site information limits the number of The primary laws against archeological site people who know site locations. This strategy looting and vandalism — the Antiquities Act, may not be totally effective, because the serious ARPA, and their State equivalents — work by looter probably knows more about site location ensuring that site excavation is appropriately con than do those charged with protection. ducted under permit and by prosecuting those Sharing information. If you seek the assis who don't have such permission. Unfortunately, tance of others in protecting sites, site location these laws generally do not apply unless a site is information must be judiciously shared. looted, or if a property owner excavates a site on Accurate site inventories. Up-to-date inven his/her land or has given permission for someone tories of known archeological sites or officially else to do so. designated sites such as national, State, or local Private property owners, however, do not registers, can be linked to public policy statements have as much freedom in the use and control of about cultural resource protection in the local their land as is commonly believed.' Approxi comprehensive plan, local ordinances, and/or mately 20 States have enacted burial laws to pro State land use statutes. This information is critical tect marked and/or unmarked burials and ceme in planning and making land-use decisions. teries on private land, although these laws tend to Program Strategies stress reburial following excavation rather than Site management. Responsible site protec 2 preserving the burials in place. Through State tion is achieved through a long-term manage and local exercise of police power for the general ment program that includes a site management public health and welfare, private property rights plan, documentation, security, maintenance, are limited or controlled in a number of ways, monitoring, and appropriate research. Site pro-
46 CRM No. 2—2002 tection does not need to be complicated or expen Regular human presence. A site that sive to be effective. receives regular and frequent visits through site Site stewardship. Volunteer site stewards monitoring or law-enforcement patrols deters help absentee landowners protect sites by regu looters and vandals who prefer the seclusion of a larly visiting protected sites and reporting on site remote site. condition. Electronic surveillance. Heat sensors, Public education. Educating the general motion detectors, sound monitors, and hidden public, landowners, law enforcement officers, still or video cameras alert law enforcement to planners, building inspectors, zoning administra unauthorized entry onto a site. tors, and others helps to build a stewardship ethic These are just a few of the many tools for and increases understanding of archeological val protecting archeological sites on private lands. For ues and protection strategies. more detailed information about these and other Physical Tools tools, please examine the sources and Websites Fencing. Fences mark site boundaries, shown in the box below. restrict or guide visitor access to a site, provide site security, and may deter the hobby looter, but they Notes 1 Richard B. Cunningham, "Do a Landowner's Rights won't stop the hard-core looter. of Property Include Exploitation of Archaeological Signs. Signs are effective in reducing looting Resources?," in Topics in Cultural Resource Law, by explaining site values, interpreting site history, Donald Forsyth Craib, ed. (Washington, DC: providing legal notice of prohibited uses, and Society for American Archaeology, 2000), 22. 2 warning of penalties for violations, but they may Patty Gerstenblith, "Protection of Cultural Heritage Found on Private Land," Topics in Cultural not deter the hard-core looter, and should not be Resource Law, 13. placed at inconspicuous or remote sites. Camouflage. Disguising or burying an Susan L. Henry Renaud is a senior resource planner and archeological site to make it less conspicuous and the preservation planning program manager. Heritage accessible is an effective site protection strategy. Preservation Services, National Park Service, Washington, DC. Ms. Renaud is also a registered professional archeolo- Site maintenance. A well-maintained site gist and past president of The Society of Historical shows that it is valued and visited, and is at Archaeology. reduced risk of looting. Other Sources Craib, Donald Forsyth, ed. Topics in Cultural Studies in Stabilizing Archaeological Sites (Tallahassee: Resource Law (Washington, DC: Society for Florida Department of State, Division of Historical American Archaeology, 2000). Can be ordered Resources, Bureau of Archaeological Research, online at
CRM No. 2—2002 47 State and Federal law enforcement officers recover evidence and take casts of shovel impressions at a mock looted site at an Archaeological Law Enforcement class taught by Archaeological Resource Investigations, cosponsored by the FBI and the Commonwealth of Virginia, Richmond, VA. Photo by Robert D. Hicks.
U.S. Department of the Interior FIRST CLASS MAIL National Park Service Postage and Fees Paid 1849 C Street NW-350NC U. S. Department of the Interior Washington, DC 20240 G-83 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE $300
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