NCJ Number
168669
Journal
FBI Law Enforcement Bulletin Volume: 66 Issue: 7 Dated: July 1997 Pages: 1-7
Date Published
1997
Length
7 pages
Annotation
In an effort to obtain Native American artifacts, digging rights to a farm in Union County, Kentucky, were obtained; area residents contacted the Kentucky State Police because the digging operation disturbed or destroyed hundreds of graves.
Abstract
Because the diggers crossed State lines with the artifacts they obtained, they faced felony charges stemming from the interstate commerce provision of the Archeological Resources Protection Act (ARPA), a Federal law. Under State law, the men could only be discharged with desecration of a venerated object, a misdemeanor. ARPA prohibits people from excavating, damaging, defacing, altering, or removing archeological resources from public or Native American lands without a permit. To be protected resources under ARPA, looted objects must constitute evidence of past human existence, possess archeological interest, and be over 100 years old. Of particular interest to State and local law enforcement is ARPA's commercial provision. No one may sell, purchase, exchange, or transport resources in violation of ARPA, other Federal laws, and State and local laws. In addition to calling for criminal penalties, ARPA permits civil recourse through an administrative law judge. Another significant Federal law that protects historic resources is the Native American Graves Protection and Repatriation Act (NAGPRA). Important for museums, NAGPRA mandates that holdings of Native American human remains be inventoried and surveyed and also prohibits trafficking in Native American human remains or any cultural items. Methods used by looters to circumvent legal restrictions and avoid detection are described, and the importance of Federal, State, and local cooperation in protecting historic resources is discussed. 13 endnotes and 1 photograph