And now:Ish <[EMAIL PROTECTED]> writes:

Indian artifacts at risk

http://www.denverpost.com/news/news1218c.htm
              By Electa Draper
              Denver Post Staff Writer

              Dec. 18 - DURANGO - It's open season on Indian artifacts
              buried in southwest Colorado, a government archaeologist said,
              and looting them appears to be a crime that pays.

              "We've had more cases of theft and vandalism here in the last
              year and a half than I'd seen in a decade before,'' said Bureau
              of Land Management archaeologist Kristie Arrington.

              The problem is made worse, she said, because there is a big
              gap between what archaeologists estimate as the cultural loss
              and what federal prosecutors and judges are willing or able to
              exact from offenders.

              Two brothers from Cortez were sentenced this month after
              pleading guilty to hiring a man to use a backhoe to dig up two
              ancestral Puebloan sites, A.D. 1050 to 1250, that lie next to
              their land a few miles west of Lewis. Robert Reed and Charlie
              Reed told the court they didn't know that one site and part of
              another along the rim of Yellow Jacket Canyon were on BLM
              land.

              If the sites had been fully on the Reeds' land, it would have
              been legal for them to unearth everything except human
              remains and burial artifacts. Colorado law protects those items
              regardless of location.


              Trafficking in Indian artifacts taken from private land may be
              legal, but it's not ethical, Arrington said.

              Taking artifacts from public lands is flat-out illegal.

              Under the Archaeological Resource Protection Act, an offender
              doesn't have to have criminal intent, BLM investigator David
              Moore of Denver said Wednesday. For conviction, a person
              must know he is unearthing Indian artifacts. The Reeds' plea
              bargains require them to make $5,000 restitution each in the
              case, and so must the man who did the digging for them,
              Robert Luther. The Reeds also must serve two years of
              probation for the felony convictions.

              Arrington said she estimated damage to the sites, which include
              roughly two dozen kivas, at $1.9 million, using a formula
              provided by the resource protection act. The discrepancy
              between that value and the $15,000 in court-ordered restitution
              is staggering, she said.

              "That, unfortunately, is somewhat typical,'' Moore said. He
              cited a recent case in Utah in which a federal judge rejected
the
              damage assessment by archaeologists for one pillaged site.

              The implication was that archaeologists were inaccurate in
              assigning cultural value to the site because of personal biases.

              Archaeologists can assess damage in two ways. One method is
              to add up the commercial value of the artifacts and the cost of
              restoring the site, Arrington said. The other is to assess the
              archaeological value, which is roughly how much it would have
              cost archaeologists to have done the job right in the first
place.
              Federal courts perceive archaeological looting as a victimless
              crime, and they have their hands and prisons full of criminals
              with more obvious victims, Arrington said. It's often profitable
              to loot and sell because the commercial value of the artifacts
              will exceed courtimposed fines and restitution, she said.

              In the Reeds' case, some artifacts were recovered from a
              trading post, but the case was complicated by the fact that part
              of one site was on the Reeds' property, Moore said. The
              reality, Arrington said, is that the damage done to an Indian
              ruin out of greed is a crime with countless victims over
              generations. The knowledge lost could be irreplaceable and
              therefore priceless.

              "The archaeological resource is a finite resource that should be
              protected for the benefit of all Americans,'' she said.

              "It's wrong to destroy a public resource for personal gain.'' 

(Anyone bothered by having their ancestors termed a "public resource'????)

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