While Kevin Bartoy and Dan Thompson bring up some interesting points,
they're a bit far afield. Archeological resources protection laws in the US
have been developed *not* for archeologists and the academic community but
for the public. These laws flow directly from the public trust doctrine.
Lands and other properties placed in the custody of or affected by the
federal (and in some cases, state) government must be treated as properties
belonging to *all* of the people. Pothunters (why not just say looters and
vandals), however well-meaning, steal heritage from the public, whether or
not for personal gain. That's what makes their occupation criminal.

I've heard Dan's point about "erosion" before. It's the main justification
for illegal fossil hunters. "If we don't dig'em up, they'll just erode
away." Isn't it a pity there isn't more funding for proper excavation and
recovery?

John Dendy
Archeologist
Dyamac Corporation
Fort Riley, KS