We got a call from a 4 Hills property owner this morning alerting us to the presence of trespassers who appear to be engaged in artifact pilfering. Unfortunately, no vehicle tag was obtained. This time.

Landowners, do you have Indian artifacts on your land? Did you know that folks are helping themselves to these artifacts—repeatedly? Can you say criminal trespass?

Did you also know that even WITH landowner permission pilfering Indian artifacts is a federal crime?

Violation of the Archaeological Resources Protection Act of 1979 ARPA is a felony. First time offenders can be "fined up to $20,000 and imprisoned for up to one year. Second time felony offenders can be fined up to $100,000 and imprisoned for up to 5 years. These criminal penalties were substantial increases from those set in the Antiquities Act of $500 and 90 days imprisonment. In addition, Section 7 of ARPA enables Federal or Indian authorities to prosecute violators using civil fines, either in conjunction with or independent of any criminal prosecution. Section 8 (b) of the statute allows the court or civil authority to use forfeiture of vehicles and equipment used in the violation of the statute as another means of punishment against convicted violators."
http://www.nps.gov/archeology/tools/laws/ARPA.htm

A casual reading of ARPA would lead one to conclude that the law applies only to public and Indian lands, but you would be wrong. Tell that to Arthur Gerber.

United States v. Gerber, 999 F.2d 1112 (7th Circuit) http://www.projectposner.org/case/1993/999F2d1112

“Arthur Joseph Gerber pleaded guilty to misdemeanor violations of the Archaeological Resources Protection Act of 1979, 16 U.S.C. §§ 470aa et seq., and was sentenced to twelve months in prison, reserving however his right to appeal on the ground that the Act is inapplicable to his offense. What he had done was to transport in interstate commerce Indian artifacts that he had stolen from a burial mound on privately owned land in violation of Indiana's criminal laws of trespass and conversion. The section of the Archaeological Resources Protection Act under which he was convicted provides that 'no person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.' 16 U.S.C. § 470ee(c). Gerber argues that despite the references in this section to state and local law, the Act is inapplicable to archaeological objects removed from lands not owned either by the federal government or by Indian tribes. His back-up argument is that the provisions, rules, regulations, and so forth of state or local law to which the Act refers are limited to provisions expressly protecting archaeological objects or sites, as distinct from laws of general application such as those forbidding trespass and theft. The issues are novel because this is the first prosecution under the Act of someone who trafficked in archaeological objects removed from lands other than either federal or Indian lands.”

“We conclude that Gerber's conduct was forbidden by the Act.”

Laws about pilfering and trespass aside, what are the ethical considerations at play here? Depriving a landowner the right to enjoy these ancient artifacts is clearly wrong. A landowner taking payment for artifact pilfering is not only breaking the law but denying subsequent landowners the enjoyment of these artifacts.

Personally, Sherrian and I agree that artifact pilfering is akin to big game hunting in that it is a selfish act that deprives others the shared enjoyment of the area’s resources.

We will be on alert—once again—for the presence of trespassers and will be alerting the appropriate authorities. Remember: If you can’t do the time—don’t do the crime.

It's so exciting to find these remnants of a previous society, that it is so sad we can't share them, even among ourselves. Any discussion or even photographs here, on this site, make the area more of a target for pot hunters.

I know several board members read this forum. Perhaps they could bring this up a meeting or put something in the newsletter. The artifacts run w/ the land unless you want to give them up to a museum. I know of at least one landowner who had an archeological survey of his property done by the U of A. I think even that is risky. Live with and enjoy the ghosts, but let them lie.

FYI:
What makes a site historic?

Any site with material more than 50 years old is considered historically significant.

Taking artifacts from such a site is a crime.

Removing material from a site that is 100 years old or older is a felony.

That's felony with an "F", ladies and germs. Do not pass go, do not own firearms, do not vote, etc.

Here are some site etiquette standards.
http://history.utah.gov/heritage_tourism_toolkit/protection_and_conservation/siteetiquettestandards.html

Remember...When you visit a site:

1. As you approach the site, stop for a moment and think about how you can minimize your impact.

2. Stay off the midden (usually a low mound near the site that is important to archaeologists and Native Americans), especially in alcove sites where the midden may have a steep, easily eroded side.

3. Walls that are stressed once too often can suddenly collapse. Please don't use them as handholds to gain access to a site, and don't stand or climb on them.

4. Please avoid walking along the base of walls built on slopes. Erosion at the base of walls causes them to topple.

5. If you pick up an artifact (including prehistoric corn cobs), please replace it where you found it. Moving artifacts from one portion of a site to another makes it difficult to chart a site's growth.

6. Removing artifacts is illegal.

7. Charcoal and soot are used to date sites. Modern charcoal and soot contaminate the record, so please don't build fires or camp within a site.

8. New technology makes it possible to date rock art by analyzing the patina that has built up over the millennia. This patina can be altered by touching it or enhancing it for photography through scratching, pecking, chalking, or oiling. Please refrain from touching it or from using any enhancement techniques.

9. Children's natural curiosity and enthusiasm for climbing is easily aroused by walls, nooks, and crannies found at many archaeological sites. Please keep them under close supervision while visiting a site.

From the Bureau Of Land Management (BLM)
http://www.blm.gov/heritage/adventures/want_2_help/backyard_cons.html

"Backyard Conservation"

"Think special cultural and historic resources are found only on the vast public lands?
Think again: your own backyard might be home to more than meets the eye.

PRIVATE LANDS--EVEN YOURS--MAY HARBOR TIMELESS RESOURCES!

Have you ever wondered who—or what—may have lived on your land before you, and how long ago? Have you thought about how ancient peoples survived there, what they ate, what their houses and tools looked like? And then there are the prehistoric animals that may have roamed the land you live on. What species were they, and how long did their lines last? Were they big, ferocious dinosaurs, or perhaps some small, timid ancestors of the mammals we know today?

Every archaeological, historic, or fossil site has a unique and special story to tell about the people and animals that came before us. Properly studied—and conserved—by archaeologists, historians, and/or paleontologists, these places can truly bring the past alive for you and your family, your fellow citizens, and future generations of Americans.

You can be a good steward of these important places so that their stories can be told. Here are a few suggestions how:

Invite an expert from a local college or university to visit your land and evaluate any potential cultural or fossil sites. A professional archaeologist, historian, or paleontologist might be able to tell you the age of a site, how it was used, its relationship to surrounding sites, which now-extinct animals lived there, and more. For more recent sites, specialists may even be able to direct you to local historic records for further information.

If you have a Site Steward program in your community, you can request that local archaeology volunteers monitor your property so that relic hunters will not destroy sites by illegally digging for artifacts or fossils. Better yet, why not become a Site Steward yourself?

If developing your property will necessitate disturbing an archaeological or fossil site, your local college or university will likely appreciate the opportunity to study the site before you begin excavation or construction. Your property might even be a great location for an archaeological or paleontological field school activity, enabling students to learn how to properly study and record sites and fossils. If you like, the results of their studies can be shared with you and your family.

Is there an avocational archaeological or paleontological society in your state? If so, local members may be interested in studying your site under the direction of professional advisors. What they learn about your property could turn out to be fascinating, both to them and to you!

Safeguard your property—and the resources it holds—by using common sense! Don’t attract artifact- and fossil-collectors by advertising the presence of ancient sites on your land. Being discreet about such places can help protect them from theft and vandalism."

Boy! Do we ever regret posting GPS coordinated to a couple sites on this website. Hopefully, we didn't unwittingly contribute to this spate of pilfering on Four Hills. Needless to say, that info is GONE.

I'm kind of wondering if the possible artifact pilferer you were alerted to, was actually the potential buyer of my property.
He had asked permission to camp there for a night before making his final decision. As he drove in he discovered that someone had booby trapped the road with boards studded with nails. He stopped in time to avoid punctures, moved the boards, and continued on to my property.
Shortly after he arrived, he was approached by a couple that began to interrogate him. He came to the conclusion that any place where he didn't have any privacy, or peace of mind for the safety of himself or his belongings, was no place for him to live.
Yes, I realize that there have been problems with theft, vandalism's and pilfering's. I personally had a stack of lumber stolen from my place also. Is shredding peoples tires and interrogating them really the way to go? Do I have to personally be there when there's a potential buyer of my property?
I'm not saying that you should close your eyes to every newcomer in the area, but a little tact would be nice. Despite what you may think, some people have a valid reason to be in the area.

Kirk, I would think you could use his experience as a selling point. If he was looking for peace and quiet and privacy, he found the place. The resident landowners watch out to make sure no strangers stick around while leaving each other alone unless you want company. It might even be worth contacting him again to say you found out landowners were watching not only for miscellaneous wanderers and game hunters, but even pot hunters. And remind him, of course, that your property is an even more attractive bargain because it is waaay in the back and a full 40 acres.

Tried that, didn't work. Even though the booby traps was for trespassers, his truck, unfortunately, can't tell the difference. His tires puncture not matter who it was meant for.

Um. Yeah. Punctured tires might be a bit much to overcome. Whoever went to that extent should own up and pay for them. Were the boards leading to your property or on one of the common roads?

It was just before my turn in on the east side. I think someone was trying to keep people off of my property. Mine also has a lot of artifacts on it. I'm pretty sure I know who is responsible for it, I believe that they did it with good intentions, but it doesn't pay for the tires, and doesn't make potential buyers comfortable with the prospect of buying.
Anyway's, back to my point, I know that we've had problems with theft, but use tact when dealing with strangers. Some people do have a valid reason for being there. There appears to be alot more properties on the market then there was a year ago, and for that reason alone there will be more people wandering around.

Really good point. Whatever the motive, I think this studded board thing would qualify as malicious mischief, at least a misdeamonor. Possibly even trespass whether or not the "perp" is a landowner.

And back to my earlier point, maybe the whole topic of artifacts protected by law could be a discussion at least in the newsletter. Might you be willing to write up your research in a simplified form for submission, Bruce?

And, Thad or Tom, maybe you could mention this at a meeting as an uptick in vandalism? Or poll to see if anyone has any ideas about how to keep from scaring away potential buyers while being vigilant for potential bad guys, hunters, thieves, vandals. At the very least people attempting to sell should warn land lookers to expect they might be stopped by residents.

Well like I have been saying " Gates would help " I have been saying this for 5 and a 1/2 years! So until something is done we will get rift-rats and whatever decides to pilfer or hunt!!!

Gates would not help. Gates and the concomitant secured fencing would be too expensive to install and maintain. Keeping them secure would require a policing that we can also not afford. And without a secure, keyed or manned fencing system, anyone who wanted to would just go over or around any silly gate.

Any such plan would also require the concurrence of the AZ State Board of Regents, which owns the land in the sections between 4HR sections, as well as whoever is running cattle on the property. Simply installing cattle guards would only negate any idea of secure road gates.

And it's riffraff, not rift-rats.