US Govt Federal Lands and Indian Lands - Treasure recovery

[: Michael-Robert.]

Archaeological Resources Protection Act of 1979

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Jump to navigationJump to searchThe Archaeological Resources Protection Act of 1979 (Pub.L. 96—95 as amended, 93 Stat. 721, codified at 16 U.S.C. §§ 470aa—470mm), also referred to as ARPA, is a federal law of the United States passed in 1979 and amended in 1988. It governs the excavation of archaeological sites on federal and Indian lands in the United States, and the removal and disposition of archaeological collections from those sites.[SUP][1][/SUP]
ARPA was launched in the 1970s after the Antiquities Act of 1906 was declared “unconstitutionally vague”. The Antiquities Act was unable to protect historical sites from criminal looting. Several attempts by the federal land-managing agencies and prosecutors to use this act resulted in judges saying that it was unconstitutionally vague making it unenforceable.(Harmon 172) ARPA regulates access to archaeological resources on federal and Indian lands. Uniform regulations were issued by the Department of the Interior, the Department of Agriculture, the Tennessee Valley Authority, and the Department of Defense. Archaeological resources are defined as "Any material remains of human life or activities which are at least 100 years of age, and which are archaeological interest."(King 252) Also defined is "Of archaeological interest" which is "Capable of providing scientific or humanistic understandings of past human behavior, cultural adaption, and related topics."(King 252) ARPA forbids anyone from excavating or removing archaeological resources from federal or Indian land without a permit from a land managing agency. ARPA also forbids any sales, purchase, exchange, transport, or receipt. Those who violate can face substantial fines and even a jail sentence if convicted. They will also confiscate any object that has been declared as an archaeological resource.
See also[edit]

• National Historic Preservation Act of 1966
• Native American Graves Protection and Repatriation Act

References[edit]

• ^ Seidemann, Ryan M. (November 9, 2006). "The Reason Behind the Rules: The Archaeological Resources Protection Act of 1979 and Scientific Study". bepress Legal Series, Working Paper 1874. Berkeley Electronic Press.

• Harmon, David, Francis P. McManamon, and Dwight T. Pitcaithley. The Antiquities Act: A Century of American Archaeology, Historic Preservation, and Nature Conservation. Tucson: U of Arizona, 2006. Print.
• King, Thomas F. Cultural Resource Laws and Practice: An Introductory Guide. Walnut Creek, CA: AltaMira, 1998. Print.

External links[edit]

• Annotated text of ARPA from the National Park Service
• National Park Service technical bulletin on application of ARPA

 

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[Nic360]

So does the above mean you can metal detect if you have permission from on treaty land? I got about 3 minutes into metal detecting a port when I was informed I couldn't detect due to it being tribal land.

The guy was cool about it and pointed out areas surrounding tribal land that I could detect. I was trying to turn a crab trip into a crabbing/dirt fishing trip so I packed up and moved to a different port.

1st post, I have been lurking for 2 months.
Thank you for the information.

 

[Terry Soloman]

You need Permits in hand on most Tribal lands. There are State lands that are also out-of-bounds. DO YOUR DUE DILIGENCE and do not rely on posts to forums. Welcome to the Forum!

 

[Honest Samuel]

Welcome # 2. Enjoy reading great interesting stories and comments.

 

[brianspegian]

Ok so what's the ruling on coins..really? According to the language in ARPA it says "any coin" is permissible. And defines what is an artifact. If the coin(s) were not found in an archaeological context, not on any historical or prehistorical sites, then it should be OK. Some say any coin over 50 years is an artifact, I don't know why, so then everyone on here probably has a few coins older than 1969 in their pockets, and should be strung up... To qualify as an artifact it has to be 100 years old (as an artifact as defined in ARPA). According to English Common Law it is anything older than 300 years. I think the language in ARPA as "any coin" being permissible is exactly that. I see coins on Ebay for sale that are older than Methuselah's uncle. The next question is when does it become Treasure Trove? is it when there are more than 3 coins together and actually have a value of more than 25 or 50 dollars? or more than 5 coins? 12? and does it have to be hermetically sealed from a deceased person? what's the ruling on Treasure Trove?...and then there's Idaho that doesn't even recognize that treasure trove is a definition. (Corliss v. Wenner)

 

[: Michael-Robert.]

Ok so what's the ruling on coins..really? According to the language in ARPA it says "any coin" is permissible. And defines what is an artifact. If the coin(s) were not found in an archaeological context, not on any historical or prehistorical sites, then it should be OK. Some say any coin over 50 years is an artifact, I don't know why, so then everyone on here probably has a few coins older than 1969 in their pockets, and should be strung up... To qualify as an artifact it has to be 100 years old (as an artifact as defined in ARPA). According to English Common Law it is anything older than 300 years. I think the language in ARPA as "any coin" being permissible is exactly that. I see coins on Ebay for sale that are older than Methuselah's uncle. The next question is when does it become Treasure Trove? is it when there are more than 3 coins together and actually have a value of more than 25 or 50 dollars? or more than 5 coins? 12? and does it have to be hermetically sealed from a deceased person? what's the ruling on Treasure Trove?...and then there's Idaho that doesn't even recognize that treasure trove is a definition. (Corliss v. Wenner)

You need a permit! or you face the consequences: [FONT=&quot]The criminal and civil penalty sections of the Archaeological Resources Protection Act (16 USC 470aa-mm; ARPA) require the assessment of damage to archeological resources that are harmed by unauthorized acts. Archeological resource damage assessment uses the methods of archeology to provide the information necessary to prove that the archeological elements of a criminal or civil violation of ARPA are met according to the requirements of the law and the judicial system (see Figure 1). The assessment of damages to archeological resources in archeological violation cases cannot be carried out without reference to these legal requirements. In other words, archeological resource damage assessments require both archeological expertise and adherence to legal requirements.[/FONT]
[FONT=&quot]
Archeological Elements of an ARPA Criminal ViolationThe purpose of this technical brief is to describe and explain the archeological resource damage assessment process. The legal basis of archeological resource damage assessment is presented by identifying the elements that must be proven for the prosecution of either a criminal or civil violation of ARPA. The Act's definition of an “archeological resource” also is discussed because it is a critical component of the elements of a violation and is a central issue in damage assessment. The remainder of the technical brief describes and explains the three components of archeological resource damage assessment: (1) field damage assessment; (2) value and cost determinations; and (3) archeological resource damage assessment report preparation. Procedures are recommended for accomplishing each of these damage assessment components.[/FONT]
[FONT=&quot][/FONT][FONT=&quot]Black's Law Dictionary (2005:559) defines “elements of crime” as, “The constituent parts of a crime … that the prosecution must prove to sustain a conviction”. The archeological elements of an ARPA criminal violation come directly from the statute:[/FONT]

• 16 U. S. C. § 470ee. Prohibited acts and criminal penalties
• (a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resourcesNo 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.
  
• (b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal lawNo person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of—
  
  • (1) the prohibition contained in subsection (a) of this section, or
  • (2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
• (c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local lawNo person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.
  
• (d) Penalties
  Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both: Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000, or imprisoned not more than five years, or both.

[FONT=&quot]Readers should note that the maximum fines for Class A misdemeanor and felony violations of federal law by individuals were increased to $100,000 and $250,000 respectively by the Criminal Fines Improvement Act of 1987 (see 18 USC § 3571(b)); maximum fines for Class A misdemeanor and felony violations by organizations are $200,000 and $500,000 respectively. As a result, these are now the maximum fines for Class A misdemeanor and felony violations of ARPA, even though the original and lower ARPA fine amounts are shown in § 470ee(d).[/FONT]
[FONT=&quot]Thus, the six elements that must be proven for a felony violation of § 470ee(a), as supplemented by § 470ee(d), are:[/FONT]

• Element 1. The violation affected an archeological resource as defined in ARPA.
• Element 2. The violation occurred on public (federal) or Indian lands.
• Element 3. The violation involved one or more of ARPA's prohibited acts.
• Element 4. The prohibited act occurred without an ARPA permit for archeological investigation.
• Element 5. The violator acted knowingly (i.e. with criminal intent).
• Element 6. For a felony offense only, the sum of archeological value and cost of restoration and repair, or the sum of commercial value and cost of restoration and repair, exceeds $500.00. If this element is not charged, or is charged but not proven, the ARPA violation is a Class A misdemeanor.

[FONT=&quot]The subsections of § 470ee prohibiting the unlawful trafficking of archeological resources, § 470ee(b) and § 470ee(c), have distinct elements that must be proven. These elements are not dealt with here because they do not affect the damage assessment process.[/FONT]
[FONT=&quot]Elements 1, 3, and 6, are archeological elements that require archeological information, either in whole or in part, to prove each of them. Exclusively archeological information is necessary for the proof of Element 1. Element 3 requires both investigative information on how the violation occurred and archeological information on the nature of the archeological resource damage involved in the prohibited act or acts. Element 6 requires archeological information for the archeological value and cost of restoration and repair determination and both archeological and appraisal information for the commercial value determination. Elements 2, 4 and 5 can be proven without archeological information.[/FONT]
[FONT=&quot][/FONT][h=2]Archeological Elements of an ARPA Civil Violation[/h][FONT=&quot]ARPA civil violations are subject to the assessment of an ARPA civil penalty. ARPA civil violations also have elements that must be proven. The archeological elements of an ARPA civil violation again come directly from the statute:[/FONT]

• 16 U. S. C. § 470ff. Civil penalties
• (a) Assessment by Federal land Manager
  • (1) Any person who violates any prohibition contained in an applicable regulation or permit issued under this chapter may be assessed a civil penalty by the Federal land manager concerned. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Federal land manager concerned.
  • (2) The amount of such penalty shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—
    • (A) the archaeological or commercial value of the archaeological resource involved, and
    • (B) the cost of restoration and repair of the resource and the archeological site involved.

[FONT=&quot]Substantial portions of the text of the prohibited acts and criminal penalties section of the ARPA statute (see above) are restated in the ARPA Uniform Regulations, Section __.4(a)-(c) so that a civil penalty may be assessed for a violation of this section of the statute and its reference to “any prohibition contained in an applicable regulation.”[/FONT]

• Thus, the elements that must be proven for a civil violation of § 470ff(a) are:
• Element 1. The violation affected an archaeological resource as defined in ARPA.
• Element 2. The violation occurred on public (federal) or Indian lands.
• Element 3. The violation involved one or more of ARPA's prohibited acts.
• Element 4. The prohibited act occurred without an ARPA permit for archeological investigation.

[FONT=&quot]Once the civil violation is proven, the violator is subject to the assessment of an ARPA civil penalty, the maximum amount of which will be the sum of archeological value and the cost of restoration and repair, or the sum of commercial value and the cost of restoration and repair.[/FONT]
[FONT=&quot]The elements that must be proven for the assessment of a civil penalty under § 470ff are the same as for a criminal violation of § 470ee, with the exception of element 5 (criminal intent) and element 6 which is only relevant to criminal proceedings. As in the case of the criminal violation elements, elements 1 (archeological resource), 3 (prohibited acts), as well as the value and cost determinations, are archeological elements that require archeological information to prove each of them.[/FONT]
[FONT=&quot]Readers should note that the text of the ARPA Uniform Regulations is, as their title implies, uniform. Due to the organization of the Code of Federal Regulations (CFR), the ARPA uniform regulations appear in four different locations within the CFR. The text of the ARPA regulations is identical, but the numbering is different depending on the department or agency that the regulations cover. Specifically, for the Department of the Interior the numbering is 43 CFR Part 7, for the Department of Agriculture it is 36 CFR Part 296, for the Department of Defense it is 32 CFR Part 229, and for the Tennessee Valley Authority it is 18 CFR Part 1312. For example, Section __.4(a)-(c) of the regulations would be found at 43 CFR Part 7.4(a)-(c) for Department of the Interior agencies, such as the National Park Service and the Bureau of Land Management, and at 36 CFR Part 296.4(a)-(c) for Department of Agriculture agencies, such as the Forest Service. References to sections of the ARPA Uniform Regulations in this Technical Brief use a department-neutral format (e.g. “Section __.4(a)-(c)”).)[/FONT]
[FONT=&quot][/FONT][h=2]Archeological Resources Protected by ARPA[/h][FONT=&quot]ARPA's definition of an “archaeological resource” is:[/FONT]

• 16 U. S. C.§ 470bb. Definitions
• (1) The term archaeological resource means any material remains of past human life or activities which are of archaeological interest … at least 100 years of age.

[FONT=&quot]The terms “material remains” and “archaeological interest” are defined in the ARPA uniform regulations:[/FONT]

• “Material remains” means physical evidence of human habitation, occupation use, or activity, including the site location or context in which such evidence is found ( Section __.3(a)(2)).
• “Of archaeological interest” means capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques such as controlled observation, contextual measurement, controlled collection, analysis, interpretation and explanation (Section __.3(a)(1)).

[FONT=&quot]The ARPA uniform regulations also includes a list of examples of “classes of material remains” considered to be archeological resources (Section __.3(a)(3)(i-x); see Appendix A).[/FONT]
[FONT=&quot][/FONT][h=2]Field Damage Assessment[/h][FONT=&quot]Field damage assessment is carried out to obtain information about damage to an archeological resource or resources involved in a potential violation of ARPA or other applicable statutes. The assessment is conducted at the location of this damage and is part of the overall investigation at the scene of the violation. Typically, the damage location is an archeological site, but violations may occur that do not involve sites, such as theft of isolated artifacts or theft from curation facilities or museums. The resulting information about the damage will be used in both the value and cost determinations and in the archeological resource damage assessment report that will be developed as part of case preparation. Four operations must be completed in carrying out field damage assessment. The procedures use basic archeological data collection methods.[/FONT]

1. Identification of the archeological resource damage locations:
   1. Identify all damage locations.
   2. Attempt to distinguish new damage locations from old damage locations, if the latter are present.
2. Identification of the archeological resources damaged and the damage to them:
   1. Identify the archeological resources protected by ARPA or other statutes at the damage locations (refer to the ARPA definition of an archeological resource [see above] and the ARPA uniform regulations examples of the “classes of material remains” considered to be archeological resources [see Appendix A]).
   2. Identify the damage to these resources in terms of the acts prohibited by ARPA (see above).
3. Measurement of the amount of archeological resource damage:
   1. Make accurate tape measurements of the amount of damage, unless other, more sophisticated quantification methods are available (see 3b.). To meet forensic standards of documentation, make as complete a series of measurements as possible given the time available. Either metric or English standard measurements (e.g. inches, feet, yards) may be used, but metric measurements of damage must be converted to standard measurements in the damage assessment report. Note that if the damage has extended below the surface of a site, depth measurements are important. Sufficient measurements should be made to calculate the volume of damage.
   2. Use other more sophisticated methods to quantify the amount of damage, such as total station or 3D laser scanning. More detailed measures such as these may be employed to complete an assessment, following the initial use of tape measurements.
4. Documentation of findings:
   1. Take accurate and complete notes on all aspects of the field damage assessment process.
   2. Photograph the damage locations, the archeological resources damaged and the damage to them.
   3. Map the damage locations.
   4. Documentation should be as detailed and objective as possible.

[FONT=&quot][/FONT][h=2]Value and Cost Determination[/h][FONT=&quot]ARPA identifies three monetary determinations as the measures of the severity of harm to the archeological resource(s) involved in either a criminal violation or a civil violation of the statute. These monetary determinations are:[/FONT]

• Commercial Value
• Archeological Value
• Cost of Restoration and Repair

[FONT=&quot]As is indicated by the definitions of these terms in the ARPA uniform regulations (see below), all archeological violation cases that involve damage to in situ archeological resources require both archeological value and cost of restoration and repair determinations.[/FONT]
[FONT=&quot]Archeological violation cases may or may not involve a commercial value determination. Commercial value derives from collector interest in archeological resources. Archeological resources that have collector interest will have a fair market value, while those that are not of interest to collectors will not have a market value. A commercial value determination is not necessary when the archeological resources involved in a violation are not of collector interest and do not have a fair market value. When there is collector interest in the resources and a resulting fair market value, then a commercial value determination is required. (Note that market value does not necessarily mean the exchange of cash, but can also include the exchange of goods, i.e., barter. For example, artifacts may be traded for drugs or other artifacts as well as for money.)[/FONT]
[FONT=&quot]The tables referred to in the following sub-sections on “Commercial Value,” “Archeological Value” and “Cost of Restoration and Repair” and the “Archeological Resource Damage Assessment Report Preparation” section may be developed at any point in the process of making the value and cost determinations and preparing the resource damage assessment report. Typically, they are prepared as a component of the determinations and prior to writing the report text, but this is not required.[/FONT]
[FONT=&quot]Readers should note that there are some basic and highly important concerns in the ARPA value and cost determination process. First, speculation is not permissible. Second, and following from the first point, values or costs included must be fully justifiable in terms of being either incurred or projected on an actual and reasonable basis. Third, values or costs for the same operation must not be included twice or "double counted" in the value and cost determinations. When operations appearing to be the same or similar are included in different aspects of a value and cost determination, their differing purposes must be fully explained. Examples of issues related to these concerns will be provided in the discussion of commercial value, archeological value and cost of restoration and repair.[/FONT]
[FONT=&quot][/FONT][h=2]Commercial Value[/h][FONT=&quot]“Commercial Value” is defined in Section __.14 of the ARPA uniform regulations:[/FONT]

Commercial value. For the purposes of this part, the commercial value of any archaeological resource involved in a violation of the prohibitions in § __.4 of this part or conditions of a permit issued pursuant to this part shall be its fair market value. Where the violation has resulted in damage to the archaeological resource, the fair market value should be determined using the condition of the archaeological resource prior to the violation, to the extent that its prior condition can be ascertained (Section __.14(b)).​

[FONT=&quot]Black's Law Dictionary (2005:12944) defines “fair market value” as, “The price that a seller is willing to accept and a buyer is willing to pay on the open market …”. Note that the definition requires the commercial value of damaged archeological resources to be determined only in this damaged condition unless it can be show that the damage was caused by the violation.[/FONT]
[h=3]Procedures for Determination of Commercial Value.[/h][FONT=&quot]The following procedures can be used to determine commercial value. These procedures should be carried out by an expert on the fair market value of the archeological resources involved in the violation. In most cases, the archeological resources of commercial value will be artifacts such as modified stone, ceramic, wood, glass, or metal, but they also may be archeological features or components of archeological features that have been removed, such as rock art panels or rock art boulders. Intact artifacts such as whole pots and unbroken bottles definitely have commercial value, but, in today's marketplace, even items such as pottery sherds, broken points, and lithic flakes can have commercial value. Typically, an archeologist will be identified who has or will develop this expertise, but a commercial insurance or estate appraiser who has knowledge of archeological resource market values also may be used. The determination should be based on the most current fair market values of the archeological resources for the time period when the violation occurred.[/FONT]

1. Identify any archeological resources that are evidence in the case that have interest to collectors of archeological resources and, therefore, commercial value.
2. Determine (or have a commercial appraiser determine) the current fair market value of these items from appropriate commercial value sources (see below).
3. Develop a commercial value table or tables showing the fair market value of each item and the total commercial value figure (see Figure 2 for an example).

[FONT=&quot]A commercial value determination should not include a value figure for an archeological resource that is assumed to have been removed but was not actually recovered. This would be speculative. Only archeological resources that are evidence in the case and can be examined during any legal proceedings should be considered in a commercial value determination.[/FONT]
[FONT=&quot]Figure 2: Example of a Commercial Value Table (reproduced from McAllister 1999:10-13; Note that “grades” applied to artifacts are based on definitions in Robert M. Overstreet's Overstreet Identification and Price Guide to Indian Arrowheads.)[/FONT]

Artifact Commercial Values by Sequential Artifact Photo Numbers
Photo Number	Point or Artifact Type	Grade	Commercial Value
01	Pinto	8	$125
02	Humboldt Base Notched	8	$150
03	Pinto, Stemmed	8	$175
04	Elko Base Notched	9	$150
05	Drill	4	$15
06	Rose Spring	6	$20
07	Rose Spring	7	$25
08	Pinto	7	$25
09	Rose Spring	7	$25
10	Elko	7	$25
11	Desert Side Notched	5	$8
12	Rose Spring	7	$45
13	Rose Spring Side Notched	7	$45
14	Rose Spring	7	$25
15	Pinto	7	$30
16	Desert Side Notched	7	$20
17	Elko Base Notched	7	$35
18	Desert Side Notched	7	$20
19	Northern Side Notched	6	$65
20	Elko Eared	8	$50
…
199	Un-typable Point	1	$0
200	Side Notched	2	$5
205	Side Notched	2	$5
209	Side Notched	2	$3
215	Side Notched	3	$7
221	Elko Corner Notched	2	$5
228	Side Notched	2	$5
229	Side Notched	3	$8
234	Scraper	5	$8
236	Scraper	5	$8
247	Side Notched	2	$5
248	Elko Corner Notched	3	$8
250	Elko Corner Notched	2	$5
TOTAL COMMERCIAL VALUE		$4,636

[FONT=&quot]Commercial Value Sources. The following are examples of commercial value sources:[/FONT]

• artifact price guides
• artifact collector publications
• artifact shops and galleries
• artifact shows and sales
• gun or knife shows and sales where artifacts are sold
• Internet artifact websites

[FONT=&quot]https://www.nps.gov/archeology/PUBS/techbr/tch20.htm[/FONT]

 

[brianspegian]

Not really answering the question

ARPA quote...

(b) Nothing in this Act applies to, or requires a permit for,
the collection for private purposes of any rock, coin, bullet, or mineral which is not an archaeological resource, as
determined under uniform regulations promulgated under
section 3(1) of this Act.

It says any coin. You didn't really address the coin as an artifact debate. A coin is not an artifact, especially when it is not found in an archaeological context. quote - "If the search is for recent vintage coins, no permit is needed so long as there is no significant soil disturbance"... However "a permit is required for treasure trove."... You sound like an archaeologist narc. taking sides with the people that want to regulate everything. I don't want to touch some dirty old bones.

 

[: Michael-Robert.]

ARPA quote...

(b) Nothing in this Act applies to, or requires a permit for,
the collection for private purposes of any rock, coin, bullet, or mineral which is not an archaeological resource, as
determined under uniform regulations promulgated under
section 3(1) of this Act.

It says any coin. You didn't really address the coin as an artifact debate. A coin is not an artifact, especially when it is not found in an archaeological context. quote - "If the search is for recent vintage coins, no permit is needed so long as there is no significant soil disturbance"... However "a permit is required for treasure trove."... You sound like an archaeologist narc. taking sides with the people that want to regulate everything. I don't want to touch some dirty old bones.

Grow up! I'm a seasoned treasure hunter helping you out. If you are not able to "do your due diligence" after someone gives you the resource, you are your own enemy.

ARPA - "which is not an archaeological resource, as determined under uniform regulations promulgated under section 3(1) of this Act."

 

[A#1]

So.....How do I get a permit?

 

[Hillbilly Prince]

You need Permits in hand on most Tribal lands. There are State lands that are also out-of-bounds. DO YOUR DUE DILIGENCE and do not rely on posts to forums. Welcome to the Forum!

I'll ask you, Terry. The way the definitions read you can be prosecuted as they choose. Seems very broad powers.

 

[Qball]

Hi there Embrym, I commend your attempt to inform the forum members on the importance of knowing the federal, state and local laws when removing artifacts from public lands. I also have tried to speak out on this subject on T net and the resulting****storm forced me to abandon my efforts. many of our members simply do not want to hear what the laws are and prefer to kill the messenger. likewise the manufactures of detecters would just as soon not publicize the letter of the law. Unlike England with their portable antiquities scheme our laws make us all lawbreakers. You Just never know when the hammer is going to fall. Its tough having a crink in you neck from looking over your shoulder.

 

[Terry Soloman]

I'll ask you, Terry. The way the definitions read you can be prosecuted as they choose. Seems very broad powers.

They are very broad, and were designed that way. That is why you need specific permissions from individual tribes, which can take months and money spent. THEN, in many cases, the tribe can claim anything THEY deem valuable or cultural.

 

[Hillbilly Prince]

They are very broad, and were designed that way. That is why you need specific permissions from individual tribes, which can take months and money spent. THEN, in many cases, the tribe can claim anything THEY deem valuable or cultural.

Well then, here is a resource to find out where those tribal lands are, if anyone is interested.
https://www.data.gov/climate/tribal-nations/tribal-nations-maps

 

[Honest Samuel]

If confuse, hire an lawyer to be save and not end up in jail.

 

[DeepseekerADS]

Here a few years back I was detecting a public school playground in Virginia, headphones on just waiting for a score.

Got tapped on the shoulder, and a sheriff's deputy told me I was trespassing. I immediately turned my machine off and was as nice and unknowing as I could be. He allowed me to get the heck out of there as quickly as I could.

Hit a rest area along I-77 South of Cleveland - got a tap on the shoulder that time too, lucky again I wasn't arrested.

And my first find there was a silver dime :={

 

[Terry Soloman]

Back in the 1980s, there were a few of us that had placer mined certain tracts of an alluvial fan as kids, coming off a well known gold bearing mountain range in Arizona. By the time I got out of the Army and came home in the late 1970s, most of those tracts had been designated "State Trust Lands." Now a few "prospectors" were caught digging gold, and they had their vehicles impounded, their equipment confiscated, their hands cuffed, and were transported to the Yavapai County jail to await their bail hearing. The rest of us got lucky. Desert Nighthawks. Over three-years, two guys were gored by wild pigs, one was bitten by a coyote, three were bitten by rattlesnakes (one almost died before the helicopter got there), and a couple guys including myself got hit by scorpions - Painful! Night hunting in the desert is a dangerous business with no lights! You can however, read a book when the moon is full!

 

[tahomatom]

So what I'm reading is that we are involved in illegal activity while detecting.
Please tell me I'm wrong in this assumption.

 

[A#1]

So what I'm reading is that we are involved in illegal activity while detecting.
Please tell me I'm wrong in this assumption.

YES, on some level, and in some way, since 1906 the law says you can't take old stuff from national,and state land in many cases.

Knowing the law doesn't have much effect on whether or not I detect in general, because in general the act of detecting is lawful. Though knowing what I'm doing may be some form of unlawful act can govern when, where, and how I might keep something I recover, or what I might do with it after I dig.

 

[tahomatom]

YES, on some level, and in some way, since 1906 the law says you can't take old stuff from national,and state land in many cases.

Knowing the law doesn't have much effect on whether or not I detect in general, because in general the act of detecting is lawful. Though knowing what I'm doing may be some form of unlawful act can govern when, where, and how I might keep something I recover, or what I might do with it after I dig.

Thanks A+1, I would imagine if you also had a bag of pull tops and trash the official would have to use discretionary judgment on the call to effect arrest. If this was to happen I would request the bag of trash be logged in as evidence.

 

[A#1]

YES, on some level, and in some way, since 1906 the law says you can't take old stuff from national,and state land in many cases.

Knowing the law doesn't have much effect on whether or not I detect in general, because in general the act of detecting is lawful. Though knowing what I'm doing may be some form of unlawful act can govern when, where, and how I might keep something I recover, or what I might do with it after I dig.

I need to add, or better yet should have started with.....

Metal detecting itself IS NOT unlawful on federal land, with exceptions such as national parks or other specifically stated places, and possibly the specific ruling of the national land in question. It comes down to what you find, and what you take.

Here in Michigan, I detect in the Huron-Manistee National forest. Their policy is pretty straightforward, this is an applicable summary copied from their website.

"Forest Service policy does not prohibit the use of metal detectors. However, there are limitations to their use in special areas with National Forests.

A series of regulations and laws govern the uses and prohibitions related to metal detectors. While the use of a metal detector is not prohibited, the excavation and removal of artifacts from National Forests System lands is a prohibited act.

The Acts governing metal detector use are summarized below:

Secretary of Agriculture Regulation 36 CFR 261.9 prohibits the excavation and/or removal of ""any prehistoric, historic, or archaeological resource, structure, site, artifact, or property."" This prohibition is mandated by two laws:
the 1906 Antiquities Act and
the 1979 Archeological Resources Protection Act.
Legal activities involving the use of a metal detector might include using the device on a beach or in a recreation area to collect contemporary coins, jewelry, and other metal objects less than 50 years old."



Like it or not, the overseers state you CAN detect, but you can only really detect in a newer, populated place, and only take things less than 50 years old.