Rangerbb
Jr. Member
- Jan 25, 2013
- 45
- 14
- Detector(s) used
- Minelab E-Trac, Whites PI Dual Field
- Primary Interest:
- All Treasure Hunting
I don't know about you but I'm tired of this crap:
Good morning,
I have copied and pasted what our law enforcement has sent me about metal detecting on the Francis Marion and Sumter National Forests:
"The simple answer to this question requires some complicated explanation.
The act of metal "detecting" is not prohibited on National Forest lands in South Carolina. The important part of this answer is the word "detecting". Someone can use a metal detector on National Forest lands in South Carolina; HOWEVER, that is the extent of what is allowed - detecting - no digging, no removal.
--- The American Antiquities Act of 1906 basically prohibits disturbance (digging) and removal of relics and artifacts on federal lands.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. "
--- There is also the National Historic Preservation Act which is intended to protect cultural resources -
This act supplements the provisions of the Antiquities Act of 1906. The law makes it illegal to destroy, excavate or remove information from Federal or Indian lands any archeological resources without a permit from the land manager. Permits may be issued only to educational or scientific institutions and only if the resulting activities will increase knowledge about archeological resources. Regulations for the ultimate disposition of materials recovered as a result of permitted activities state that archeological resources excavated on public lands remain the property of the United States. Archeological resources excavated from Indian lands remain the property of the Indian or Indian tribe having rights of ownership over such resources.
--- The Archaeological Resources Protection Act of 1979 also applies:
The term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.
No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
--- Even if the above laws did not specifically apply, there are also prohibitions found in Title 36 of the Code of Federal Regulations. Section 261.9 deals with Forest Service property. Except for some very narrowly defined instances, items located by metal detecting on Forest Service lands are technically government property; therefore, you may not damage, dig, disturb, remove, etc., any such government property without authorization. This includes surface collecting as well as digging.
§ 261.9 Property.
The following are prohibited:
(a) Damaging any natural feature or other property of the United States.
(b) Removing any natural feature or other property of the United States.
(c) Damaging any plant that is classified as a threatened, endangered, sensitive, rare, or unique species.
(d) Removing any plant that is classified as a threatened, endangered, sensitive, rare, or unique species.
(e) Entering any building, structure, or enclosed area owned or controlled by the United States when such building, structure, or enclosed area is not open to the public.
(f) Using any pesticide except for personal use as an insect repellent or as provided by special-use authorization for other minor uses.
(g) Digging in, excavating, disturbing, injuring, destroying, or in any way damaging any prehistoric, historic, or archaeological resource, structure, site, artifact, or property.
(h) Removing any prehistoric, historic, or archaeological resource, structure, site, artifact, property.
(i) Excavating, damaging, or removing any vertebrate fossil or removing any paleontological resource for commercial purposes without a special use authorization.
(j) Excavating, damaging, or removing any cave resource from a cave without a special use authorization, or removing any cave resource for commercial purposes.
----------------
So, the answer to the question is that metal detecting itself is not prohibited as long as whatever is detected is not dug, disturbed, or removed."
I hope this helps and please don't hesitate to contact us if you have further questions.
Thank you.
-----------------------------------------------------------------------------
Hello, I trying to find out if Metal Detecting is allowed in Sumter National Forest? I found this link saying it is for National Forests, but I could not find anything on the regional website stating so:
http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5261774.pdf
Thank you for your time.
R
---------------------------------------------------------------------
Kathleen,
Thank you for providing the information, however I'm not sure how any of these laws such as the Antiquities Act and Archaeological Proctection Act have anything to do with recreational metal detecting. Recreational metal detecting as stated on the USDA.gov link is "activity locating lost coins, jewelry or other incidental metallic items of little historical value".
Also states that "Metal detectors may be used on public land in areas that do not contain or would not reasonably be expected to contain archaeological or historical resources.. Normally, developed campgrounds, swimming beaches, and other developed recreation sites are open to recreational metal detecting unless there are archaeological or historical resources present. In such cases, forest supervisors are authorized to close the area to metal detecting and the closure would be posted at the site."
So with that information and this quote "Metal detecting is a low surface impact activity that involves digging small holes rarely more than six inches deep." on Non archeological or historical sites should this not be ok?
Thank you,
P.S - If you have the contact info for the law enforcement you spoke to may I have it?
R
Good morning,
I have copied and pasted what our law enforcement has sent me about metal detecting on the Francis Marion and Sumter National Forests:
"The simple answer to this question requires some complicated explanation.
The act of metal "detecting" is not prohibited on National Forest lands in South Carolina. The important part of this answer is the word "detecting". Someone can use a metal detector on National Forest lands in South Carolina; HOWEVER, that is the extent of what is allowed - detecting - no digging, no removal.
--- The American Antiquities Act of 1906 basically prohibits disturbance (digging) and removal of relics and artifacts on federal lands.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. "
--- There is also the National Historic Preservation Act which is intended to protect cultural resources -
This act supplements the provisions of the Antiquities Act of 1906. The law makes it illegal to destroy, excavate or remove information from Federal or Indian lands any archeological resources without a permit from the land manager. Permits may be issued only to educational or scientific institutions and only if the resulting activities will increase knowledge about archeological resources. Regulations for the ultimate disposition of materials recovered as a result of permitted activities state that archeological resources excavated on public lands remain the property of the United States. Archeological resources excavated from Indian lands remain the property of the Indian or Indian tribe having rights of ownership over such resources.
--- The Archaeological Resources Protection Act of 1979 also applies:
The term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.
No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
--- Even if the above laws did not specifically apply, there are also prohibitions found in Title 36 of the Code of Federal Regulations. Section 261.9 deals with Forest Service property. Except for some very narrowly defined instances, items located by metal detecting on Forest Service lands are technically government property; therefore, you may not damage, dig, disturb, remove, etc., any such government property without authorization. This includes surface collecting as well as digging.
§ 261.9 Property.
The following are prohibited:
(a) Damaging any natural feature or other property of the United States.
(b) Removing any natural feature or other property of the United States.
(c) Damaging any plant that is classified as a threatened, endangered, sensitive, rare, or unique species.
(d) Removing any plant that is classified as a threatened, endangered, sensitive, rare, or unique species.
(e) Entering any building, structure, or enclosed area owned or controlled by the United States when such building, structure, or enclosed area is not open to the public.
(f) Using any pesticide except for personal use as an insect repellent or as provided by special-use authorization for other minor uses.
(g) Digging in, excavating, disturbing, injuring, destroying, or in any way damaging any prehistoric, historic, or archaeological resource, structure, site, artifact, or property.
(h) Removing any prehistoric, historic, or archaeological resource, structure, site, artifact, property.
(i) Excavating, damaging, or removing any vertebrate fossil or removing any paleontological resource for commercial purposes without a special use authorization.
(j) Excavating, damaging, or removing any cave resource from a cave without a special use authorization, or removing any cave resource for commercial purposes.
----------------
So, the answer to the question is that metal detecting itself is not prohibited as long as whatever is detected is not dug, disturbed, or removed."
I hope this helps and please don't hesitate to contact us if you have further questions.
Thank you.
-----------------------------------------------------------------------------
Hello, I trying to find out if Metal Detecting is allowed in Sumter National Forest? I found this link saying it is for National Forests, but I could not find anything on the regional website stating so:
http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5261774.pdf
Thank you for your time.
R
---------------------------------------------------------------------
Kathleen,
Thank you for providing the information, however I'm not sure how any of these laws such as the Antiquities Act and Archaeological Proctection Act have anything to do with recreational metal detecting. Recreational metal detecting as stated on the USDA.gov link is "activity locating lost coins, jewelry or other incidental metallic items of little historical value".
Also states that "Metal detectors may be used on public land in areas that do not contain or would not reasonably be expected to contain archaeological or historical resources.. Normally, developed campgrounds, swimming beaches, and other developed recreation sites are open to recreational metal detecting unless there are archaeological or historical resources present. In such cases, forest supervisors are authorized to close the area to metal detecting and the closure would be posted at the site."
So with that information and this quote "Metal detecting is a low surface impact activity that involves digging small holes rarely more than six inches deep." on Non archeological or historical sites should this not be ok?
Thank you,
P.S - If you have the contact info for the law enforcement you spoke to may I have it?
R
Upvote
0
