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28 New Eng. J. on Crim. & Civ. Confinement 27 (2002)
Evaluation of the Effectiveness of Cultural Resource Laws in Criminal Prosecution for Theft of Archeological and Cultural Resources from Federal Lands

handle is hein.journals/nejccc28 and id is 33 raw text is: Evaluation of the Effectiveness of Cultural Resource Laws in Criminal Prosecution for Theft of Archeological and Cultural Resources from Federal Lands* Not to be aware of the past is to be forever a child, but those of us who forget the past, are condemned to repeat it.' I. INTRODUCTION The theft of archeological materials from public lands is not a crime that is typically in the forefront of society's mind and could be added to the list of victimless crimes. Yet, people of all cultures and times have had a fasci- nation with the people who existed before them. Without the aid of written records, what we know of past people and their cultures is often pieced together from the materials that they have left behind. Oddly, our fascina- tion with the past is also the driving force that has caused the destruction of many important archeological sites.2 In the past century, Congress has enacted three major pieces of legisla- tion that were specifically aimed at punishing individuals who rob and de- stroy archeological sites on federally- held public lands. These laws include the Antiquities Act of 1906, the Archeological Resources Protection Act, and the Native American Grave Protection and Repatriation Act.3 Be- ginning with the Antiquities Act, these pieces of Legislation introduced our country to a revolutionary concept of providing protection for the culture and history of a nation.4 It is arguable that each of these laws evolved out of the inadequacies of its predecessor. Laws that deal with the preservation of the past are bound to our society's ever changing interests and awareness. In this regard, ar- * The student author of this Note received her M.S. from South Dakota School of Mines and Technology. She worked as an archeologist for the U.S. Forest Service for seven years in the Black Hills National Forest. She has also done archeological work with the National Park Service at the Grand Canyon National Park, Carlsbad Caverns National Park, and Jewel Cave National Monument. 1. An anonymous variation on the famous quote by American philosopher, George Santayana (1863-1952); Those who cannot remember the past are condemned to repeat it. 2. See SHERRY HUTT ET AL., ARCHEOLOGICAL RESOURCE PROTECTION 14 (1992). 3. See 16 U.S.C. § 433 (1994); 16 U.S.C. § 470ee (1994); and 25 U.S.C. § 3001 (1994). 4. See SHERRY HUTT ET AL., HERITAGE RESOURCES LAW: PROTECTING THE ARCHEO- LOGICAL AND CULTURAL ENVIRONMENT 6 (1999).

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