Protection of Native American sites in Florida

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The State of Florida, the United States Federal government, local governments, and indigenous tribal governments have particular interests in the protection and preservation of Native American cultural, historic, and sacred sites in Florida. Over the years, Florida has faced threats to its indigenous sites from development, looters using bulldozers and heavy machinery, and various environmental factors such as hogs and erosion. In recent years, the protection of indigenous sites has become a focus in Florida.

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In the 1960s, the advent of scuba diving led to a wave of underwater explorers who quickly realized that Florida’s riverbeds were covered with remains of prehistoric megafauna and paleoindian artifacts. A collaborative relationship was quickly forged between this group and the Florida Museum of Natural History. Notable divers from this time period include Ben Waller, Hub Chasom, Clarence Simpson, Don Serbousek, and many others. Without the contributions of knowledge, artifacts, and sites by these and many other amateur archaeologists, professional archaeologists would have struggled to unlock the door to Florida's past. The late, esteemed archaeologist Dr. Barbara Purdy wrote in 2005, "We wouldn't know zilch without the contributions of river divers and avocational archaeologists."

In 1983, retired US Navy Seal and recreational diver Buddy Page led paleontologist S. David Webb (then with the Florida Museum of Natural History at the University of Florida) and archaeologist James M. Dunbar (then with the Florida Bureau of Archaeological Research) to a deep underwater sinkhole site he discovered in the Aucilla River that he believed was scientifically significant (now called the Page-Ladson site).

A test pit at the site confirmed that it contained not only vertebrate fossils, but also evidence of Paleoindian occupation. A project called the “Aucilla River Prehistory Project” was born out of this survey, which ran from 1983 until 1997. This project was led by Dr. Webb and Dr. Dunbar as a collaborative effort between their agencies, amateur river divers and other members of the public. This site became ground zero as far as searching for the secrets to North America's first peoples and is currently dated to around 14,500 years old. [1]

Today the Florida Fish and Wildlife Conservation Commission, has been largely tasked with protecting Native American sites from criminals using bulldozers on archaeological sites. In 2016, amateur archaeologists introduced bills in both the Senate and the House of Representatives that sought to mend the rift between professionals and amateurs. These bills have also brought increased attention to the controversial issue of the protection of Native American sites.

Threats from invasive species

The invasive feral hog was introduced to Florida first in 1539 by the Spanish explorer Hernando de Soto. Aside from harboring diseases, killing native plant and animal species, and destroying crops, feral hogs are also a significant threat to indigenous sites in Florida. [2] Feral hogs often root as deep as 20 centimeters in the soft Florida soil with some examples of rooting up to 45 centimeters in Florida. A study on feral hog rooting that involved 293 archaeological sites in Florida found that 90% of the sites had artifacts within the first 20 centimeters of the soil and 85% of sites had artifacts within the first 10 centimeters of the soil, making these sites especially vulnerable to feral hog disturbance. [2] The study gave a conservative estimate that 42% of the sites experienced feral hog disturbance during the time period of study. The study also found that after 18 months the damage from feral hogs was impossible to detect, which would lead archaeologists to believe that the sites had not been disturbed. [2]

Threats from looting

The archaeological sites of Florida's indigenous peoples have been disturbed and looted since the arrival of Europeans, however, recent changes have increased the scope and destructiveness of the problem. In the late 1970s looting of sites on state owned lands increased dramatically and spread across the state from the Tampa Bay area north towards the St. Marks River. Entering the 1980s, looting was still on the rise and the market value of illegal artifacts was as well. Looters are generally looking for pottery and stone tools, which they can then sell on the black market.

Looters have used a variety of methods to excavate artifacts, ranging from shovels to bulldozers. In 1978, looters near Charlotte Harbor drove a bulldozer across state lands, down an Indian ridge, through the mangroves and out to Big Mound Key. Once on the 13.5-acre site, the looters opened up a 15-foot trench through the mound, apparently in the hope of finding the hidden treasure cache of the mythical pirate Jose Gaspar, a fictional figure from Florida folklore. [3] [4] The resulting gash in the mound is still visible decades later, and news coverage of the damage caused by "looters in search of a non-pirate's non-treasure" helped spur the passage of state laws to protect such sites. [4] [5] Likewise, in 2022, a Marion county employee used a county-owned bulldozer to dig through an area on county land in search of artifacts, although this was not a recognized site. [6]

Looting remains a major concern among archaeologists, as it is difficult and expensive for the state to reliably protect these sites from people using large machinery to excavate.

Law enforcement efforts

Efforts to enforce current laws relating to the protection of indigenous sites have been difficult and largely unsuccessful. There are too many archaeological sites in Florida for law enforcement agencies to be able to monitor them and catch looters while they are digging. According to the Florida Fish and Wildlife Conservation Commission (FWC), most looters are very woods savvy and they have often grown up hunting and fishing in the same areas where they steal artifacts. [7] FWC ended a two-year investigation in 2014 named Operation Timucua, led by Maj. Curtis Brown. Operation Timucua was an intense undercover operation aimed at disrupting the illegal artifact trade in Florida. FWC agents understand that catching looters in the act is very difficult so they focussed on stopping the trade of artifacts thus destroying the incentives of looters. The operation resulted in the seizure of two million dollars worth of artifacts and 14 arrests. While the operation was successful, public outcry and lenient court systems ultimately resulted in fairly insignificant sentences. [7] In reference to and defense of Operation Timucua, Rob Bendus, the Florida Department of State Spokesman said, "This looting incident didn't just take artifacts out of the ground. It took history away from this generation and future generations of Florida".

Shearer v. State (2000)

In 1997, in Jefferson County, a woman named M. Shearer was arrested and subsequently convicted on a felony charge of excavating an archaeological site - a violation of Florida Statute Chapter 267. Three years later a three judge panel in Florida's 1st District Circuit Court of Appeals overturned her conviction ruling that "acting willfully and knowingly is an element of the crime of unlawful excavation of an archaeological site without a permit" [8] and that the judge in the first trial had failed to indicate to the jury that proving mens rea (knowledge of committing a crime) is necessary for returning a Chapter 267 conviction. This case is an important piece of case law as it means that someone who accidentally disturbs an archaeological site is not guilty under Florida law.

Isolated Finds Program

The Isolated Finds Program, sometimes referred to as the Isolated Finds Policy, was implemented by Florida's Department of Historic Resources in June 1996 and suspended June 1, 2005 [9] . In 1993, the Florida Legislature adopted language in F.S. 267.13 that made removing an artifact from state land a felony. As a result, several divers who were major contributors to the State's archaeological repository approached then State Archaeologist, Jim Miller, stating that this law had turned them into felons for doing what they always had (reporting artifacts to the state). [9] The Isolated Finds Program established as a way for private citizens to legally collect archaeological artifacts and report them to the state. In order to be legally collected, the artifacts had to be on submerged state lands such as river bottoms and displaced from their original context. [9] Isolated artifacts on submerged lands are those that have been removed from their context and original place of deposition which means they have lost much of their historical and cultural significance. Some have argued that rivers in Florida are generally slow moving and are composed of fill sediments that make isolated artifacts less likely to occur, however, it has been shown that Florida's yearly flood stages routinely wash sediments downstream in a large marl of beer cans, gravel, fossils, and artifacts.

Over the years many misconceptions regarding the program have arisen, and although there were several administrative oversights that contributed to difficulties with administering the program, the IFP did see significant contributions to the archaeological record. Of special note is the paleoindian Ryan-Harley site on the lower Wacissa river which was discovered by brothers and amateur archaeologists Harley and Ryan Means in the late 1990s. [10] In 2016, Dr. Barbara Purdy wrote that under the IFP's administration over 1,115 reports to the Division of Historical Resources reported over 10,700 artifacts. Sometimes this number is reported as much lower by opponents of the program to make it appear problematic. [11] [7]

It is likely that the number of artifacts reported would have been much higher if not for unforeseen problems in the creation of the IFP. These problems included a lack of funding from DHR to support the program, no actual permit being issued (honor system), no outreach by DHR (due to no funding for the program), and the need for the finder to print photos of the artifacts and file their reports within 30 days of discovery which during the late 1990s and early 2000s was quite time-consuming and not easily accessible by all.

Because of these problems, in their May 2005 meeting, Florida Historical Commission member Lex McKeithen made a motion to recommend the suspension of the Isolated Finds Program. This motion passed unanimously, however, Commissioner McKeithen immediately afterwards initiated discussion on what the replacement program should look like and the need for legislative funding and support. Likewise, Commissioner Little commented that the Florida Historical Commission convey that it is not opposed to a more workable policy. [12]

Following the discontinuation of the Isolated Finds Programs, amateur archaeologists have felt largely sidelined and criminalized by the professional archaeological community (just as in 1993 which led to the creation of the IFP). This has led to a great divide between the groups with mistrust on both sides and has in turn led to less sites being reported. Since 2005 groups have lobbied for bills that would bring back the program with the Citizen Archaeology Permit bills of 2016 being the most notable. [13] [14]

Citizen Archaeology Permit (CAP)

The Citizen Archaeology Permit or CAP was proposed by the 2016 House Bill 803 and 2016 Senate Bill 1054. [14] [15] The CAP program was basically a reincarnation of Florida's failed Isolated Finds Program of 1996–2005. [16] The bills direct Florida's Department of Historical Resources to implement a program that would allow for the legal recovery of Native American artifacts by private citizens. Citizens with the $100 permit would be allowed to remove artifacts from submerged lands owned by the state (mostly rivers) as long as they were not in their original context. Permit holders would be allowed to use only trowels to recover artifacts and would be required to document the location and the artifact through photographs and other means then submit the information to the state. [14] The idea behind the bills is that citizens would only remove artifacts in rivers that were already dislodged from their original contexts through the process of erosion, thus not destroying any archaeological evidence. Citizens already remove the artifacts illegally so the program would allow for them to register their finds with the state, giving archaeologists access to otherwise private collections. [16]

There has been widespread criticism of and opposition to the proposed Citizen Archaeology Permit by archaeological and historical communities in Florida. Theresa Schober, president of the Florida Anthropological Society opposed the program stating that it was not proposed to help casual collectors as it would seem from the wording, but rather it was proposed to help those who are in the currently illegal artifact trade. Schober also points out that the organizations that are lobbying for the bill, while they may seem similar to chapters of the Florida Anthropological Society (FAS), do not meet the ethical requirements of the FAS. Schober argues that the CAP program will reverse the legislative progress that has been made in protecting Florida's cultural heritage and will exploit non-renewable historical and archaeological resources. [17]

In January 2016, J.W. Joseph the president of the Society for Historical Archaeology also wrote a letter in opposition to House Bill 803. The Society for Historical Archaeology letter voiced similar concerns to those of other groups, however, J.W. Joseph also brought up that the CAP program would likely endanger historical and cultural sites outside of submerged state lands. Citizens with a CAP would be inclined to excavate in stream banks and other areas near waterways according to the letter. J.W. Joseph also appeals to the state by bringing up that CAP holders would create navigational hazards in waterways and that the state would incur great costs to run the program with little return from the sale of permits. [18]

In March 2016, the Florida Association of Museums (FAM) released a statement in opposition to House Bill 803. Much of the statement focussed on concerns that the CAP program would endanger Florida's cultural heritage and historic record. The statement stressed that this program will cause the loss of irreplaceable archaeological sites that need to be studied by experts rather than destroyed by hobbyists. Additionally, the artifacts recovered by private citizens will end up in private collections where the cultural heritage cannot be shared, rather than being turned over to places like the Seminole Tribe of Florida's Tribal Historic Research Office (THPO). The FAM statement also brings up a point that many other organizations opposed to the bill have not vocalized, which is the section of the bill that requires the Division of Historical Resources to provide Citizen Archaeology Permit holders with a map of archaeological sites that cannot be excavated. The disclosure of this information directly contradicts current law that exempts archaeological sites from public records in order to preserve their cultural and historical value from looting and other destructive behaviors. [19]

Problems of site protection in Florida

Florida has a unique history, culture, and climate that makes the protection of Native American sites especially difficult. Despite Florida's long history of indigenous and European occupation, the first professional archaeology in south Florida was not conducted until 1869 by Jeffries Wyman of Harvard's Peabody Museum. [20] Additionally, there was no comprehensive law that protected cultural and natural resources until the Antiquities Act of 1906. [21] Prior to 1906, Florida residents had free rein to loot and destroy cultural and historical sites including shell mounds and ancient burials. There have also been the longstanding issues of the lack of funding and enforcement related to indigenous site protection. Many local governments do not have the resources to enforce existing laws and local governments are also inconsistent in their enforcement of the laws. [22] Florida has a long and continuing history of rapid development, which is often in conflict with the protection and preservation of archaeological sites. In the past 60 years, Florida's population has risen from 4.5 million to 18.8 million, which increases the strain on cultural and historic resources. Advances in technology such as Scuba equipment that became widely available in 1968 have also increased the strain on submerged archaeological sites and the difficulty of protecting them. [23] One major issue facing those who seek to preserve sites in modern times is the lack of public interest in the subject. Many residents do not understand the cultural and historic significance of local indigenous sites because there is little visible surface evidence of occupation. [22]

The following is a list of legislation and codes with brief descriptions related to the protection of archaeological sites in Florida.

Seminole Tribe of Florida's Cultural Resource Ordinance, 2013

Seminole Tribe of Florida's Cultural Resource Ordinance or CRO was adopted by the tribal council in 2013 and approved by the Advisory Council on Historic Preservation in 2016. This ordinance allows the tribe to take control of all cultural resources within reservation lands. [24]

The Antiquities Act of 1906

The Antiquities Act of 1906 was the first federal law that provided protection for cultural and historic resources. [21]

The National Historic Preservation Act of 1966 (NHPA)

The National Historic Preservation Act of 1966 (NHPA) was intended to establish a program that would further the preservation of additional historic properties throughout the United States. [25]

Section 106 of the National Historic Preservation Act

Under section 106 of the National Historic Preservation Act, federal agencies are required to consider the consequences of their activities on historic properties and allow the Advisory Council for Historic Preservation to consult on the issue. [26]

Archaeological Resources Protection Act (ARPA) of 1979

The Archaeological Resources Protection Act of 1979 was intended to protect archaeological and cultural resources on public and Indian lands for future generations. Additionally the ARPA was to improve relations between the government, professional archaeologists, and private citizens. [27]

Native American Graves Protection and Repatriation Act (NAGPRA) of 1990

The Native American Graves Protection and Repatriation Act (NAGPRA) gives the rights to Native American descendants of the treatment of Native American remains and funerary goods. [28]

Chapter 872.05-- Unmarked Human Burials (Florida Statutes, Title XLVI, Offenses Concerning Dead Bodies and Graves)

Chapter 872.05 ensures that all human burials be treated with proper respect and dignity regardless of the background of the individual and the location of the site be it on state, submerged, or private lands. [29]

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References

  1. ↑ "Discovery Points to Earlier Arrival of First Americans". History. 2016-05-13. Retrieved 2024-07-10.
  2. 1 2 3 Engeman, Richard M.; Meyer, Joseph S.; Allen, John B. (2017-01-10). "Prevalence of feral swine disturbance at important archaeological sites over a large landscape in Florida". Scientific Reports. 7: 40287. Bibcode:2017NatSR...740287E. doi:10.1038/srep40287. ISSN   2045-2322. PMC   5223124 . PMID   28071758.
  3. ↑ Spata, Christopher (January 17, 2019). "Is Gasparilla's treasure real? We went with these friends to find it". Tampa Bay Times. Retrieved April 18, 2022.
  4. 1 2 ANDERSON, ZAC. "Uncovering the past on Big Mound Key". Sarasota Herald. Retrieved 2017-04-09.
  5. ↑ "The Legend of Gasparilla (reprint)" (PDF). Boca Grande Historical Society. Retrieved April 18, 2022.
  6. ↑ Simpson, Taylor (2022-12-16). "A former Marion County employee faces 14 charges after being accused of illegally digging up artifacts". https://www.wcjb.com . Retrieved 2024-07-10.{{cite web}}: External link in |website= (help)
  7. 1 2 3 "North Florida arrowhead sting: What's the point?". Tampa Bay Times. Retrieved 2017-04-09.
  8. ↑ "Shearer v. State (2000)". 2000.
  9. 1 2 3 Knight, Munroe. "The Florida Isolated Finds Policy – Opportunity and Responsibility for River Divers". CiteSeerX   10.1.1.518.4058 .
  10. ↑ WFSU Public Media (2017-11-02). Excavating the Wacissa River | Ryan Harley revisited . Retrieved 2024-07-10– via YouTube.
  11. ↑ Purdy, Barbara (2016). "Artifact Collectors and Professional Archaeologists: A Proper Perspective". Personal writings of Dr. Barbara Purdy.
  12. ↑ "Florida Historical Commission meeting minutes". Florida Historical Commission - public record (May 21, 2005).
  13. ↑ Florida House of Representatives (2016). "HB 803 Analysis - Florida House of Representatives" (PDF).
  14. 1 2 3 "House Bill 803 (2016) - The Florida Senate". www.flsenate.gov. Retrieved 2017-04-04.
  15. ↑ "Senate Bill 1054 (2016) - The Florida Senate". www.flsenate.gov. Retrieved 2017-04-04.
  16. 1 2 dscottireton. "FPAN statement on the proposed Citizen Archaeology Permit (CAP)". www.flpublicarchaeology.org. Retrieved 2017-04-04.
  17. ↑ "Florida's archaeological and historical resources threatened by proposed legislation". The Palm Beach Museum of Natural History. 2016-01-12. Retrieved 2017-04-04.
  18. ↑ Joseph, J.W. (January 21, 2016). "Society for Historical Archaeology Opposition to House Bill 803" (PDF). Society for Historical Archaeology. Retrieved April 8, 2017.
  19. ↑ "FAM Statement AGAINST Isolated Finds Legislation" (PDF). Florida Public Archaeology Network. March 7, 2016. Retrieved April 8, 2017.
  20. ↑ Randall, Asa (2015-05-27). "How Jeffries Wyman put Florida and Shell Mounds on the Map (1860–1875)". Bulletin of the History of Archaeology. 25 (2). doi: 10.5334/bha.259 . hdl: 11244/19496 . ISSN   2047-6930.
  21. 1 2 Lindsay, Everett. "NPS Archeology Program: Antiquities Act of 1906". www.nps.gov. Retrieved 2017-04-08.
  22. 1 2 Eck, Christopher (May 2007). "Wash Your Cultural Heritage Troubles Away...Solutions to Protect Archaeological Sites".{{cite journal}}: Cite journal requires |journal= (help)
  23. ↑ "Say No To HB 803 & SB 1054; Protect Florida's Cultural Resources: What We Know" (PDF). Florida Archaeological Preservation Association. Retrieved April 8, 2017.
  24. ↑ "Cultural Resource Ordinance". www.stofthpo.com. Retrieved 2017-04-09.
  25. ↑ "National Historic Preservation Act of 1966 (16USC470)". www.nps.gov. Retrieved 2017-04-09.
  26. ↑ "ACHP | Section 106 Regulations Summary". www.achp.gov. Archived from the original on 2013-06-22. Retrieved 2017-04-09.
  27. ↑ Lindsay, Everett. "NPS Archeology Program: The Archaeological Resources Protection Act of 1979 (ARPA)". www.nps.gov. Retrieved 2017-04-09.
  28. ↑ Lindsay, Everett. "NPS Archeology Program: The Native American Graves Protection and Repatriation Act (NAGPRA)". www.nps.gov. Retrieved 2017-04-09.
  29. ↑ "Statutes & Constitution: View Statutes: Online Sunshine". www.leg.state.fl.us. Retrieved 2017-04-09.
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