In other words, taking a moment to look at the section of any given law which provides definitions is critical to understanding what is and isn't covered.The Antiquities Act doesn't protect historic pieces or artifacts. It's not about how old something is. The law was created to protect archaeological resources.
Just because somethings old doesn't make it an archaeological resource. It's only when historical artifacts are associated together in an archaeological context that they are protected. A single belt buckle or tin can not in natural association is not an archaeological resource. A lone buried cache in the desert is not an archaeological resource. Old bullets, bits of pipe and screen, boot tacks and all the other dross we find are not archaeological resources unless they are directly associated with an archaeological resource site.
There are also exceptions written into the Antiquities Act. Bullets and coins are not subject to the act, arrowheads found on the surface are fair game and development of mineral resources on a valid mining claim are exempt.
The Act does specify 100 years as the cutoff. Anything younger than 100 years old, even if it is an archaeological resource, is not subject to the Act. This is not the only federal law protecting antiquities but it is the only one on the federal public lands. Some agencies may try to bluff with handouts and nonsense about 50 years or whatever but they have nothing to back them up.
The fact of the matter is if you aren't digging native settlements or historic sites you are probably OK just about anywhere on federal public land. As a forest archaeologist once told me "You think I'm going to go into court and swear a nail or a piece of an old watch are antiquities of interest found in context AND that they are more than 100 years old ... ain't gonna happen." On the other hand this archaeologist had helped several people digging native villages discover the joys of the penitentiary lifestyle.
States can, and do, pass any laws they want regarding antiquities on State lands. They could set 50 years or 5 or 500 years if they wanted and that would be the law for that State's lands. Those laws have no effect on Federal public lands.
Really! They have to be kidding.
- Thread starter Blackfoot58
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