Lay of the Land

enforcing arPa

Looting of archaeological sites is a worldwide problem. But in most every nation, sites are protected by laws wherever they happen to be located. Not so in the United States, where our fervent belief in private property rights allows private owners to pretty much do as they please with ancient ruins. Why does this tradition make the enforcement of the federal Archaeological Resources Protection Act of 1979 (ARPA) so difficult? In this issue we explore some of those problems (see “Fighting Archaeological Crime,” page 18).

ARPA protects archaeological sites found on public and Indian lands. It does not apply to private lands. That means law enforcement officers must either catch the looters in the act or prove that the stolen artifacts came from public lands, a very difficult task. Sophisticated looters and dealers have become expert in fabricating a paper trail that “authenticates” a private provenience for stolen items. In order to have a successful prosecution, officials must successfully discredit that paper trail. Better trained officers and scientific advances are now making a big dent in that big problem. Archaeologists have developed methods to identify trace elements that can link a stolen pot, for example, to a particular site.

The time-honored law enforcement strategy of the sting is also playing a much bigger role in protecting our heritage. Posing as wealthy buyers, law enforcement officers are getting looters to tell everything about their exploits. Both strategies are working, and federal law enforcement should increase and improve their techniques to enforce ARPA and protect our nation’s cultural heritage.

Mark Michel, President