From the U.S. Government Accountability Office, www.gao.gov Transcript for: The Theft of Native American Cultural Resources and Federal Efforts to Protect Them Description: Native American cultural resources are things such as weapons and carvings, building or even human remains. They are irreplaceable and often extremely fragile. However, these items have long been the target of theft by individuals seeking to collect or sell them, which can damage the ability to preserve Native American-cultures and traditions. What efforts has the federal government made to protect these resources? We talk with GAO's Anna Maria Ortiz to find out more. Related GAO Work: GAO-21-110, Native American Cultural Resources: Improved Information Could Enhance Agencies' Efforts to Analyze and Respond to Risks of Theft and Damage Released: April 2021 [Intro Music] [Anna Maria Ortiz:] The agencies need to identify and collect information on the risks to Native American cultural resources. [Holly Hobbs:] Hi and welcome to GAO's Watchdog Report, your source for news and information from the U.S. Government Accountability Office--celebrating 100 years of fact-based, nonpartisan government oversight--I'm Holly Hobbs. Native American cultural resources are things such as weapons and carvings, building or even human remains. They are irreplaceable and often extremely fragile. However, these items have long been the target of theft by individuals seeking to collect or sell them, which can damage the ability to preserve Native American-cultures and traditions. What efforts has the federal government made to protect these resources? Today, we talk with Anna Maria Ortiz--a director in our Natural Resources and Environment Team, who lead new work for a report out today on this topic. Thanks for joining us, Anna Maria! [Anna Maria Ortiz:] Thanks for having me, Holly. [Holly Hobbs:] So Anna Maria, what all counts as an official Native American cultural resources? [Anna Maria Ortiz:] When we talk about Native American cultural resources, we're not talking about modern day arts, crafts or jewelry you might buy from an American Indian vendor or an artisan. We're focusing on Native American cultural resources as specific federal laws define them. These include archeological resources that are generally 100 years old or older--pottery, baskets, dwellings or rock paintings, or funerary or sacred objects--things like burial mounds or even human remains. [Holly Hobbs:] And can you give us an idea of the scale of this problem, and some examples of incidents that have occurred? [Anna Maria Ortiz:] Unfortunately, we don't have a great feel for the scope of the problem. Although federal agencies identified hundreds of incidents of theft and damage, the data are likely to undercount the incidents. Many of the federal databases we examined are used for broad purposes. They may not identify which incidents directly involve Native American cultural resources or are violations of laws that protect these resources. We are aware of several incidences of egregious theft and looting. There was one in California where thieves used drilling and sawing equipment to extract petroglyphs from a site that was sacred to local tribes. And another case where looters damaged or stole more than 100 artifacts when excavating a pre-Columbian burial ground in Arkansas. [Holly Hobbs:] So, what is the federal role in investigating thefts and protecting these cultural resources? [Anna Maria Ortiz:] We spoke with 7 federal entities who oversee federal or tribal trust lands. This includes the Bureau of Indian Affairs, the Forrest Service, the Parks Service, and the Tennessee Valley Authority, to name a few. These agencies have cultural resources and law enforcement officials who monitor sites and partner with the FBI to investigate potential crimes. Substantiated crimes are then prosecuted by the Department of Justice. [Holly Hobbs:] And given the number of entities involved and the remote nature of some of these sites, what are some the challenges in detecting and preventing these thefts? [Anna Maria Ortiz:] The 7 agencies told us they face a lot of challenges. They may not have enough law enforcement officers to regularly monitor sites on the lands they manage, or they may have limited resources to invest in protective measures such as fencing or camouflage, or traffic diversion that would keep people away from sites with cultural resources in the first place. Some agencies told us that they lack full information on where the cultural resources are on the lands they manage. And of course that makes it difficult to target your protective efforts. The good news is that some agencies have found innovative ways to mitigate these challenges--by partnering with local tribes and nonprofits on public awareness events, or by training volunteers on how to monitor archeological sites that may contain these resources. [Holly Hobbs:] So what happens when the perpetrators of these thefts --or even those who damage resources but don't steal them--are caught? [Anna Maria Ortiz:] We heard from one federal official that it can be particularly difficult to prosecute people for violations because prosecutors have to demonstrate that the items in question were knowingly taken in violation of the law from certain lands. And, at the same time, there may be other investigative or prosecutorial priorities such as assault or murder cases. Of the hundreds of incidents of theft, looting, or damage that agencies identified, relatively few were referred for prosecution, and only about 75 people were found guilty and sentenced. [Holly Hobbs:] How is it that people don't realize that they are committing a crime or that these are protected items? [Anna Maria Ortiz:] First, it's important to realize that there's a distinction between private lands and federal and tribal lands. On Federal and tribal trust lands, it is illegal to take these items or to damage archeological resources. And I think people don't realize that, that includes things like picking up an arrowhead that they stumbled across while hiking in a national park, or picking up a piece of pottery that they found somewhere along the road in a reservation. [Holly Hobbs:] So, how can people know when this is not OK? [Anna Maria Ortiz:] So, if you're driving through the Southwest, you might see these billboards that the Bureau of Indian Affairs sponsors that have 'You are in Indian Country. It's illegal to steal or damage archeological sites.' This is a good reminder to the public to be conscious when they in these areas, not to take that interesting looking rock or that piece of pottery that they find. [Music] [Holly Hobbs:] So, it sounds like federal agencies have taken steps to help protect Native American cultural resources from damage and theft. But that their efforts are hindered by challenges like resource constraints, data limitations, and competing agency priorities. Anna Maria, did we make any recommendations to federal agencies to improve their efforts to protect these resources? [Anna Maria Ortiz:] We made one recommendation to each of the 7 agencies that they identify and obtain adequate information needed to target their efforts for analyzing and addressing risks to Native American cultural resources, and that they share any promising practices that they develop with the Department of the Interior consulting archeologist. [Holly Hobbs:] And last question--what's the bottom line of this report? [Anna Maria Ortiz:] The bottom line is that the agencies in our review need to identify and collect information on the risks to Native American cultural resources, so that they can better focus their efforts to protect and defend against looting and trafficking of these items. [Holly Hobbs:] That was Anna Maria Ortiz talking about GAO's recent review federal efforts to protect Native American cultural resources from theft or damage. Thank you for your time Anna Maria! [Anna Maria Ortiz:] Thanks for having me, Holly. [Holly Hobbs:] And thank you for listening to the Watchdog Report. To hear more podcasts, subscribe to us on Apple Podcasts. And make sure you leave a rating and review to let others know about the work we're doing. For more from the congressional watchdog, the U.S. Government Accountability Office, visit us at GAO.gov.