N
Northwoods guy
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Hello- I'm a newbie to your site, so I hope this isn't a repeat. I have been researching the detecting restrictions on federal "Public" lands. I am confused on the classification of 50+ year old coins as relics.
Various national forest websites state that removing coins over 50 (sometimes 100) years old is illlegal.
It doesn't appear to me that the authors of the Archaeological Resources Protection Act of 1979 (http://www.thecre.com/fedlaw/legal13/archprotect.htm) wanted coins included. Toward the end of the text:
" (b) Private collections
Nothing in this chapter 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 470bb(1) of this title. "
470bb(1):
"470bb. Definitions
As used in this chapter -
(1) 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. "
Any attorney out there to interprete that?
But now jump to the US Fish and Wildlife regulations (http://www.fws.gov/policy/614fw5.html):
"5.1 Authorization for Research and Study of Cultural Resources......E. The search for and removal of treasure, treasure trove, and other valuable materials from Service lands is governed by the requirements found in 50 CFR 27.63, 40 U.S.C. 310, and applicable General Services Administration standards on the management of property. Treasure may be defined as any gold or silver in coin, plate, bullion, or other valuable materials found concealed in the earth or in another private place, but not lying on the ground, whose owner is unknown. Also, items considered as treasure need not be buried in the ground, but may be concealed in crevices and other human-made objects. In some cases, such materials may be associated with an archaeological resource or their removal may affect a historic property. "
Notice this reference: (http://www.indiana.edu/~arch/saa/matrix/cra/cra_mod03.html), in particular the last line:
"B. Definitions: ARPA defines "archaeological resource" as "any material remains of past human life or activities which are of archaeological interest" [Sec. 3(1)]. Compromises made during the drafting led to certain exemptions. Artifacts must be at least 100 years old. Paleontological resources are exempted unless found within an archaeological context. Arrowheads found on the ground surface are exempted, while those found beneath the surface are protected. Collection of rocks, coins, bullets, or minerals for private purposes does not require a permit unless they are within an archaeological site. In making these compromises, ARPA was seeking to distinguish casual surface collecting from commercial looting. Still, other general provisions of federal law prohibit removal of surface arrowheads, coins, etc. "
What general provisions might that be? I can't find it. My best guess is that the Fish and Wildlife is broadly interpreting anything in the ground to constitute an "archaelogical site", thereby sweeping up coins in their broad net. I have seen these liberal interpretations used by many government agiencies in other areas. The public is stuck until someone challenges them in court.
Anybody have a better understanding of this?
By the way, I found a definition somewhere in all this that the Resources Protection Act of 1979 defines "public lands" as that controlled by the Feds. At first I thought the law covered all public lands. Apparently this 50 year thing isn't an issue on state, county, local public land, unless local law applies. That seem right? Thanks to all..
Various national forest websites state that removing coins over 50 (sometimes 100) years old is illlegal.
It doesn't appear to me that the authors of the Archaeological Resources Protection Act of 1979 (http://www.thecre.com/fedlaw/legal13/archprotect.htm) wanted coins included. Toward the end of the text:
" (b) Private collections
Nothing in this chapter 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 470bb(1) of this title. "
470bb(1):
"470bb. Definitions
As used in this chapter -
(1) 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. "
Any attorney out there to interprete that?
But now jump to the US Fish and Wildlife regulations (http://www.fws.gov/policy/614fw5.html):
"5.1 Authorization for Research and Study of Cultural Resources......E. The search for and removal of treasure, treasure trove, and other valuable materials from Service lands is governed by the requirements found in 50 CFR 27.63, 40 U.S.C. 310, and applicable General Services Administration standards on the management of property. Treasure may be defined as any gold or silver in coin, plate, bullion, or other valuable materials found concealed in the earth or in another private place, but not lying on the ground, whose owner is unknown. Also, items considered as treasure need not be buried in the ground, but may be concealed in crevices and other human-made objects. In some cases, such materials may be associated with an archaeological resource or their removal may affect a historic property. "
Notice this reference: (http://www.indiana.edu/~arch/saa/matrix/cra/cra_mod03.html), in particular the last line:
"B. Definitions: ARPA defines "archaeological resource" as "any material remains of past human life or activities which are of archaeological interest" [Sec. 3(1)]. Compromises made during the drafting led to certain exemptions. Artifacts must be at least 100 years old. Paleontological resources are exempted unless found within an archaeological context. Arrowheads found on the ground surface are exempted, while those found beneath the surface are protected. Collection of rocks, coins, bullets, or minerals for private purposes does not require a permit unless they are within an archaeological site. In making these compromises, ARPA was seeking to distinguish casual surface collecting from commercial looting. Still, other general provisions of federal law prohibit removal of surface arrowheads, coins, etc. "
What general provisions might that be? I can't find it. My best guess is that the Fish and Wildlife is broadly interpreting anything in the ground to constitute an "archaelogical site", thereby sweeping up coins in their broad net. I have seen these liberal interpretations used by many government agiencies in other areas. The public is stuck until someone challenges them in court.
Anybody have a better understanding of this?
By the way, I found a definition somewhere in all this that the Resources Protection Act of 1979 defines "public lands" as that controlled by the Feds. At first I thought the law covered all public lands. Apparently this 50 year thing isn't an issue on state, county, local public land, unless local law applies. That seem right? Thanks to all..
