Colorado River at Yarmony, CO

[RGINN]

Yarmony, not a town but a railroad siding along Trough Road just west of Rancho Del Rio if y'all ever want to go there. Great country to explore around, and fine weather. Camped at Radium. 60 degrees in the day and only 40 at night, compared to the 28 here at home and snow falling on down right now. Fine place to camp, but apparently those trains are required to blow their whistle when passing through Radium, and they pass through a lot. First time really got my attention, but I slept through the rest of them, pretty much.

 

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[Old Dude]

Trains can be a pain in the rump until you get used to them. I really like that terrain and could spend a lot of time exploring there.

 

[RGINN]

Great country for hiking around in OD. Most of the area is BLM so no fences. The Yarmony Pit House, one of Colorado's oldest archaeological sites, is in that area, so don't look like you're lookin for arrowheads. But I will admit my eyes are always scanning the ground, and if I ever come across a first class Folsom or Clovis, that'll be a real test of my morals.

 

[Clay Diggins]

It's perfectly legal to collect arrowheads exposed on the surface of the public lands RGINN. Nothing immoral or illegal about it.

 

[old digger]

Cool surroundings! At any cost, just act like your going to sit down for a breather and as you brace yourself to stand up, grab that pretty Clovis and walk on casually. No harm done.

 

[RGINN]

So nobody gets in trouble, the BLM states very plainly that you may NOT collect any artifacts, historic or prehistoric on public lands, and they make no distinction between surface or subsurface. And yes they will take you to jail for that.

 

[Clay Diggins]

Just so nobody gets the wrong idea about your right to collect arrowheads exposed on the surface of the public lands I want to make it clear it wasn't me giving you permission to collect those arrowheads - it was Congress and the President and a few Supreme Court decisions.

Jimmy Carter was president when the Archaeological Resources Protection Act (ARPA) was passed by Congress. The Act was considered necessary by a lot of congresscritters because the Supreme Court had declared the Antiquities Act to be unenforceable. Jimmy was all for the Act but he was an arrowhead collector and he figured it would be a bad thing to keep people from collecting arrowheads.

The usual political deals went around the table and a compromise was made. Only arrowheads already exposed on the surface would be open to free collection.

So Congress passed the bill and Jimmy signed the Act into law with this little add on called the "Carter Clause" - No penalties would apply to collecting exposed arrowheads. And so the law to this day reads:

(g) Removal of arrowheads located on ground surface
Nothing in subsection (d)(Penalties) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground.

Here's what the U.S. Attorneys in the Department of Justice are instructed about enforcing ARPA:

ARPA excludes coins, bullets, unworked minerals, and rocks, unless they are found in direct physical relationship with another archaeological resource; arrowheads found on the surface (defined as any projectile point designed for use with an arrow, 43 C.F.R. § 7.3(5)(b) (2010); items found on private lands; and items in one's lawful possession prior to October 31, 1979. 16 U.S.C. § 470kk (2009).

And now you know. Don't let the BLM bully you. Don't let internet pundits scare you with unsubstantiated stories. If you spot a nice arrowhead while you are on the public lands feel free to pick it up, admire it, shove it in your pocket and take it home to show your family. Congress, the Supreme Court and Jimmy will back you up. Notice that nobody is giving you permission to hunt artifacts or take anything within an archaeological site - that's in the Archaeological Resources Protection Act too. Selling an arrowhead found on the public lands would most likely be a crime with consequences. But being scared to pick up an arrowhead?

There are several circumstances where defined portions the public lands have been reserved or declared archaeological resources. Those are obviously off limits. Some state laws may restrict collection on non federal lands. Just as often states specifically permit arrowhead collection.

Oregon state law (ORS 358.920[1]) permits the collection of an arrowhead from the surface of non-federal public or private land as long as the collection can be accomplished without the use of a tool. The law does not permit the systematic collection of artifacts but is meant to
remove any penalty from a person accidentally discovering an arrowhead. Artifacts from private land can only legally be collected under a state archaeological permit with all artifacts remaining the property of the landowner to do with as they see fit. While SHPO recommends that landowners donate all artifacts to a museum for long term curation and research the landowner can dispose of the artifacts in any way they desire (sell, trade, barter, exchange). Any artifacts from private land that are to be sold need to be accompanied by a notarized statement from the landowner as to their original location, the archaeological permit they were obtained under [OAR 736-051-0090], and assurance that the object "is not human remains, a funerary object, sacred object, or object of cultural patrimony."

Clearly you can take arrowheads from the surface on the public lands and just as clearly you can do so on Oregon State lands. Things may be different for state lands in your state. It's really up to each individual to determine where there may be restrictions in their region of interest.

Knowing the actual law and facts is really helpful when a puffed up "official" tries to BS you with nonexistent laws. The BLM needs to learn the laws just as those who enjoy the public lands do. "Ignorance of the law is no excuse" cuts both ways.

 

[packerbacker]

I googled this arrowhead collecting topic and now I'm thoroughly confused. There are so many answers to this question it boggles the mind. (my mind anyway) To be safe I think I'd make sure that nobody was watching.

 

[RGINN]

Good info CD. I've read that before. It does seem to negate what BLM will tell you. However, some areas here in Colorado have signs posted forbidding picking up anything relic related. One site is under video surveillance. I could challenge BLM, but I wouldn't want to go broke provin I was right. The main intent of the law I believe was to prevent pot hunters from ransacking important historical sites for profit. A tricky phrase in that ARPA excerpt is 'found in direct relationship with another archaeological resource'. Anything found at Yarmony could be claimed to be in direct relationship with the pit houses. That's probably what gets their attention, if you're out poking around recorded sites, say lookin for arrowheads at one of the Paleo sites in Middle Park. Find a stray point in the middle of nowhere, don't tear the ground up for it, and they could probably care less.