Jimmy carter clause?

[SportsmanAll]

I spend all my time hunting for artifacts on private ground, but I was talking to a buddy who was telling me about this clause that supposedly states that people can pick up up artifacts if they are exposed on top of the ground? Info please!

 

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[Charl]

I'm no authority, but here's a rendering by a Tennessee archaeologist:

https://contextintn.wordpress.com/2014/08/14/the-jimmy-carter-clause/

Again, I'm no authority, but my understanding was that you are allowed to pick them up, but not remove them. And I have seen people, who are aware of the clause, do just that, in the production of videos documenting Ancestral Puebloan sites on federal public land: picking up points and pottery sherds, getting a good shot of them, and then carefully placing them down right where they were, on the ground.

 

[quito]

I think this is what you are looking for

(d) 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. [16 U.S.C. 470 (ee)(d)](g)

Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground. [16 U.S.C.470 (ee)(g) – a.k.a. The Jimmy Carter Clause]

 

[Tony in SC]

So: What did I just read?

I think this is what you are looking for

(d) 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. [16 U.S.C. 470 (ee)(d)](g)

Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground. [16 U.S.C.470 (ee)(g) – a.k.a. The Jimmy Carter Clause]

 

[smokeythecat]

Thou shalt not touch.

 

[Charl]

You won't get the full extent of the penalties allowed thrown at you(hefty fines and prison time)for picking up and removing a projectile point, but you are still breaking the law if you remove them from federal lands.

 

[quito]

You just read 2 paragraphs from ARPA one basically where they give all the penalties for many offenses the second negating any penalties for collecting arrowheads off the surface

 

[SportsmanAll]

I’m still not sensing a consensus....so you can pick them up on public land, photograph and handle them, but have to place them back where they lay?

Or you can pick up and keep surface artifacts but can’t dig?

Confused.....

 

[Kray Gelder]

If I'm walking on federal lands, and I see an artifact lying there, guess what. It's going in my pocket. Indecipherable federal statute be damned.

If I come across a couple of Mounds, as I did a few weeks ago, I will leave them be.

 

[quito]

Sounds like they can ignore Carters clause and will use others to prosecute you. Carters clause would make a good case for entrapment.

 

[justonemore]

"the removal of arrowheads located on the surface of the ground."
But if you want to get technical, actually legal, this sentence doesn't say you can take them or keep them.

 

[smokeythecat]

Stay very far away from national parks. Not only will you get arrested, they will take your car, your machine and or tools, then get you for trespass, destruction of property, vandalism and may even come visit your house to seize anything they feel like taking. One reason I always stay on private property, with the exception of one park (state) where it is specially allowed.

 

[GaRebel1861]

Who’s Jimmy Carter?

 

[newnan man]

Who’s Jimmy Carter?

I think his brother was a beer brewer.

 

[quito]

I think his brother was a beer brewer.

Lol! I was thinking billy was just a semi famous beer drinker that got a brew named after him.

 

[joshuaream]

The intention of the Jimmy Carter clause is decent but there are lots of things that are legally permissible by one set of rules, and specifically prohibited by another set. You simply won't be charged under the Archaeological Resource Protection Act, but you could still be dinged heavily under other acts and laws. Heck, even the term arrowhead would leave out things like knives, atlatl dart points, and all other tools.

The intention, as I understand it, is that President Carter has a small arrowhead collection that he picked up one at a time over the years. He even had a few that he and one of his grandchildren picked up at Camp David, and was surprised that collecting arrowheads from the surface could be considered as harming our history. So this was written in to appease his concern since he viewed it as simply natural that a decent person might pick up an arrowhead lying exposed on the ground.

For someone who doesn't collect arrowheads and finds a single true arrowhead and mentions it to a park ranger, this might keep the full weight of the federal government from breaking your life. But if you are a collector looking for relics this will provide you with about as much protection as a single piece of wet toilet paper.