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Creating Incentives for

Resource Protection Without

Increasing Spending.

Suggested Amendments to ARPA.

Elise Foster

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Introduction

We will discuss ways to create incentivesfor enforcement of site protection laws and

how to fund site protection through

enforcement of the Archaeological

Resources Protection Act (´ARPA´) or 

other resource protection statutes.

The Purpose of ARPA.

Enforcement and Site Protection Proposed Amendments.

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Newsweek, May 19, 2010

³CRUMBLINGWONDERS´

PETRA- Threatened by ³people and water´

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 ANGKOR ± threatened by encroaching

 jungle, tourist abuse and looting.

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MACHU PICCHU ± threatened by floods,

landslides and deluges of tourists.

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How to Fund Site Protection?

Violations exceed Enforcement!

Violations include:

 ± Intentional destruction

 ± Inadvertent damage or alteration

Funds for restoration, rehabilitation and public

education are needed. Good enforcement can bolster restoration,

protection, and public education programs.

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I. Purpose of ARPA.

ARPA was passed to assist in the protection and

management of irreplaceable resources.

 ± The purpose of the act is to secure, for the present and

future benefit of the American people, the protection of archaeological resources and sites which are on public

lands and Indian lands, and to foster increased

cooperation. . .

 ± The Act protects by creating prohibitions ± Provides a measure of damages for site disturbance

 ± Should the Act go further?

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Incentives to Boost Enforcement

and Site Protection

1. Make restitution mandatory for all offenses.

2. Prohibit both intentional and unintentional acts.3. Specify how money collected for offenses can

be used for rehabilitation and further protection of 

resources.

4. This results in more funds collected, with a plan

for expanded site protection.

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Proposed Amendment:

16 U.S.C. 470ee(d)(1)[proposed]

Restitution: Upon conviction of a violation of this

Section, and in addition to the penalties imposed in

accordance with this Section, such person shall beordered to make restitution to the Federal Land

Manager, tribe, or entity suffering damage as a result

of the violation. Restitution shall include the costs of 

restoration and repair plus either the commercialvalue or the archaeological value of the resources

involved in the violation, whichever is greater.

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Mandatory Restitution.

Results in recovery of more funds for

restoration, repair and protection of 

resources. Provides that Restitution be made to the

victims or entity suffering damage.

Increased budgets are an incentive forenforcement.

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Providing for the use of Funds.

Currently there is variation among U.S.

government agencies on how and whether

funds can be used.

Suggested amendment broadly describes use

of funds collected through criminal and civil

ARPA enforcement.

Amendment would create uniformity,predictability and would simplify practitioners

ability to apply funds to protected resources.

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Proposed Amendment:

Section 470gg(d) [proposed]Use of recovered amounts: Penalties, restitution or

fines collected for violations of this Act involvingresources on federal land shall be available to theFederal Land Manager and without furtherappropriation may be used:

 ± (1) To protect, restore, or repair the archaeologicalresources and sites which were the subject of theaction, and to protect, monitor, and study those

resources and sites. ± (2) To provide interpretive and educational materials

to the public about archaeological resources and tootherwise further the purposes of the Act.

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Major Change for Practitioners?

No. Damage assessment already quantifies

 ± Archaeological value = information lost

 ± Commercial value

 ± Restoration and repair

The law now remits funds to tribes. Use of 

funds collected for restoration is practiced by

some, but not all U.S. agencies. The Amendment permits broad use of funds

for protection, restoration, public education.

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