Hunters, Oil, Native Americans and Archaeologists: Can Conflicting Interests Co-exist on the 'Most Significant Archaeological Find in North America in 50 Years?'

摘要

In 2001, Utah acquired a 4,208 acre parcel of land, with priceless, unexcavated Fremont Indian ruins and artifacts, which had been protected by a private landowner for generations. Archaeologists proclaimed it "the most significant find in North America in fifty years." The property, called Range Creek, is in a remote part of Southern Utah and the artifacts and ruins have been untouched largely because the land has been in private ownership for more than fifty years and the owners, Waldo Wilcox and his family, fiercely protected their privacy and access to the property. However, when the property transitioned from private to public hands, complicated questions of access and management arose. This Note will explore the legal issues surrounding the Range Creek property and will also explore the options for a creative land management solution for this unique parcel. Part I discusses the history of Range Creek and the details of the transfer of the property. Part II discusses the goals and concerns of the various interested parties in Range Creek, first discussing Native American rights to the human remains and cultural artifacts discovered in Range Creek; second addressing the problems surrounding Wilcox's retention of the mineral rights; and third, discussing parties who want access to the property, including hunters, and archaeologists. Finally, the Note concludes with suggestions for a land management plan that both suits the extraordinariness of Range Creek and addresses the goals of the interested parties.