Recovering Looted Artifacts and the Art of Deciding What to Curate: The Cerberus Collection

Collections ◽  
2020 ◽  
pp. 155019062095153
Author(s):  
Diana M. Barg ◽  
Emily S. Palus

The U.S. Bureau of Land Management (BLM) is steward to vast cultural resources across public lands and in museum collections. Like other land-managing agencies, its resource protection strategy includes Federal enforcement of cultural property laws. Between 2007 and 2013, a case code-named Operation: Cerberus Action recovered more than 100,000 objects, mainly consisting of artifacts from the American Southwest, through undercover operations, evidence gathering, seizure, and forfeiture. Prized by collectors and stockpiled as part of illicit ventures, most of the artifacts have little-to-no provenience. To address the immense quantity of material and best meet the public interest, the BLM developed a decision-tree with criteria to determine appropriate disposition options. This process involved three intensive phases: (1) identification; (2) return or repatriation; and (3) assessment of the remaining items to inform disposition based on specific criteria. In this third phase, artifacts are categorized for curation, education, conveyance to tribes beyond the scope of NAGPRA, another public use, or ultimately, destruction. This paper summarizes the case, addresses the legal foundations for determining ownership, presents the significance criteria for disposition, and concludes with a reflection on the opportunities and challenges of this endeavor, which may guide similar efforts in the future.

2015 ◽  
Vol 3 (3) ◽  
pp. 275-290 ◽  
Author(s):  
Sarah E. Miller

AbstractPreservationists and archaeologists often assess cemeteries for their research value as cultural resources of communities. Cemeteries hold significant interpretive and educational value because they serve communities as outdoor museums (Meyers 1996). The Cemetery Resource Protection Training (CRPT) workshop, developed by the Florida Public Archaeology Network (FPAN), engages the public by providing an archaeological perspective and hands-on experiences for local communities to aid them in addressing the real-world problem of neglected historic cemeteries. After completing over 36 workshops in 28 different communities, the CRPT workshop template has proven to be a highly transferable means to provide education and outreach to underserved communities and sites, as directed in FPAN’s mission. This paper considers cemeteries as participatory museums using Nina Simon’s (2010) co-creation framework. Following a brief summary of cemetery training programs and a review of the larger cemetery crisis in Florida, the rationale for creation of the CRPT program and building blocks of the workshop are provided for other public archaeologists to adapt for training cemetery stewards. Finally, the creation of training opportunities for nonprofessionals as an advance in public archaeology practice is discussed.


2019 ◽  
Vol 52 (3) ◽  
pp. 343-374
Author(s):  
Joshua Malay ◽  
Mathew Fairholm

This article examines the organizational reputation of the Bureau of Land Management (BLM) using Daniel Carpenter’s reputation and power theory as a theoretical and methodological base. Federal Land Policy and Management Act (FLPMA) is utilized to guide and organize case selection, as it is the legal mandate behind BLM authority and represents the fullest extent of the agency’s activities. The findings of this case study indicate that the BLM has a negative reputation in all but the legal-procedural dimension. Three implications are identified: (a) FLPMA serves only to define the procedural-legal aspect of public planning process, (b) the inability of FLPMA to define a purpose to public lands management has its root in the large scope of activity required of the BLM by FLPMA, and (c) finally, retention has placed the BLM and the federal government in a precarious position of an owner rather than custodian of the public lands.


2005 ◽  
Vol 27 (1) ◽  
pp. 38-41
Author(s):  
Stacie McIntosh

The Bureau of Land Management (BLM), like many federal government agencies in the US, has specific handbooks and manuals to provide guidance for preparing, amending, revising, and implementing BLM land use plans. These land use plans (or LUPs in the acronym-heavy world of the federal government) establish the goals and objectives for resource management, and serve as the basis for management actions, on the public lands that are covered by the plan.


2008 ◽  
Vol 20 (3) ◽  
pp. 419-445 ◽  
Author(s):  
James R. Skillen

When the Bureau of Land Management (blm) was formed in 1946, the agency and the lands it managed had an ambiguous identity and future. Formed by President Truman through the merger of the General Land Office and the U.S. Grazing Service, the blm inherited the remaining 450 million acres of public-domain lands in the American West and Alaska, which I will refer to simply as “the public lands.” With those lands, the blm also inherited a set of property-rights regimes—that is, a set of property rights, privileges, and relationships that control land and resource access, withdrawal, management, exclusion, and alienation—that were strongly reflective of the nineteenth-century frontier era. They were marked by private initiative, self-regulation by public lands users, and common-law principles of prior use and appropriation. Indeed, public lands users often acted as if they held common-law rights to the public lands, claims that western congressmen defended through appropriations and oversight.


Author(s):  
Tamara Smovzhenko ◽  
Oryslava Korkuna ◽  
Ivan Korkuna ◽  
Ulyana Khromyak

Nowadays, according to decentralization and current legislation (Land Code of Ukraine, Resolution of the Cabinet of Ministers of Ukraine and the Law of Ukraine «On Self-Governance»), the public lands have been transferred to the CTCs since 1 February 2018. In 2018/2019, 788 CTCs received communal ownership of 1.68 ha of public lands. According to the Draft Law «On Amendments to Several Legal Documents of Ukraine on Agricultural Lands Turnover», the consolidated territorial communities become the legal entities and can acquire property rights to agricultural land plots. Therefore, transferring the lands to be used by the newly created CTCs is currently an urgent issue that requires extended scientific and practical research. The paper aims to research the role of land reform in Ukraine and its impact on increase of CTCs’ budget revenues. The stages of land reform and the development of the land reform in Ukraine as well as its implementation strategy are outlined. The disparities of the integrated satellite map and the data of the Land Cadaster of Ukraine in terms of unregistered lands are defined. The amount of a CTC budget’s increased revenues due to the reform is estimated. Statistical data on small, medium, and large farmers and their interest in the land reform are analyzed. The terms of selling the land to foreign investors and conditions of participation in land auctions are examined. The mechanisms of land purchase, selling, and lease in line with the land reform are suggested. Generalizing the presented aspects of the land reform in Ukraine and their impact on economic activity of the newly created CTCs, it can be argued that the process is quite positive and necessary for both communities and businesses in order to get additional budget revenues for CTCs. The land reform improves the living standards of Ukrainian people through the disclosure of the country’s agricultural capacity.


Author(s):  
Alain Klarsfeld ◽  
Gaëlle Cachat-Rosset

Equality is a concept open to many interpretations in the legal domain, with equality as equal treatment dominating the scene in the bureaucratic nation-state. But there are many possibilities offered by legal instruments to go beyond strict equality of treatment, in order to ensure equality of opportunity (a somehow nebulous concept) and equality of outcomes. Legislation can be sorted along a continuum, from the most discriminatory ones (“negative discrimination laws”) such as laws that prescribe prison sentences for people accused of being in same-sex relationships, to the most protective ones, labeled as “mandated outcome laws” (i.e., laws that prescribe quotas for designated groups) through “legal vacuum” (when laws neither discriminate nor protect), “restricted equal treatment” (when data collection by employers to monitor progress is forbidden or restricted), “equal treatment” (treating everyone the same with no consideration for outcomes), “encouraged progress” (when data collection to monitor progress on specific outcomes is mandatory for employers), and mandated progress (when goals have to be fixed and reached within a defined time frame on specified outcomes). Specific countries’ national legislation testify that some countries moved gradually along the continuum by introducing laws of increasing mandate, while (a few) others introduced outcome mandates directly and early on, as part of their core legal foundations. The public sector tends to be more protective than the private sector. A major hurdle in most countries is the enforcement of equality laws, mostly relying on individuals initiating litigation.


2016 ◽  
Vol 11 (2) ◽  
pp. 171 ◽  
Author(s):  
Alicja Jagielska-Burduk

LEGAL STATUS OF CULTURAL PROPERTY AND WORKS OF ART IN THE PRL Summary The article deals with the legal status of works of art and cultural property in the Polish legislation during communism period. Classifying those objects as private property was considered as a very difficult task, because of their material value and the public interest in saving them for future generations. The strict limitations of individuals property were perceived as unusual and as a result a new sort of property – the private cultural property was distinguished. Moreover, the concepts of the common heritage and res extra commercium could be observed in the light of the PRL ideas. It should be emphasized that the above mentioned theories for improving cultural heritage regulations are the most popular in the nowadays’ international discussion.


Author(s):  
Jessica Uglesich ◽  
Robert J Gay ◽  
M. Allison Stegner ◽  
Adam K Huttenlocker ◽  
Randall B Irmis

Bears Ears National Monument (BENM) is a new, landscape-scale national monument jointly administered by the Bureau of Land Management and the Forest Service in southeastern Utah as part of the National Conservation Lands system. As initially designated, BENM encompasses 1.3 million acres of land with exceptionally fossiliferous rock units. These units comprise a semi-continuous depositional record from the Pennsylvanian Period through the middle of the Cretaceous Period. Additional Quaternary and Holocene deposits are known from unconsolidated river gravels and cave deposits. The fossil record from BENM provides unique insights into several important paleontological periods of time, including the Pennsylvanian-Permian transition from fully aquatic to more fully terrestrial tetrapods; the rise of the dinosaurs following the Triassic-Jurassic extinction; and the response of ecosystems in dry climates to sudden temperature increases at the end of the last ice age and across the Holocene. While the paleontological resources of BENM are extensive, they have historically been under-studied. Here we summarize prior paleontological work in BENM and review the data used to support paleontological resource protection in the 2016 BENM proclamation.


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