Terry, I appreciate your skepticism. But I ask you to look at it from where I'm sitting too. Let's say I came on here saying, "Hi, I'm the State Archaeologist for the State of West Carodakota!" Then as part of discussion, I say things that run contrary to the State's position. Now I have people doing things and saying "Well, this guy said he agreed with it." That could get me into big trouble at work. So, that's where I'm coming from there.
I agree! One set of rules would be fantastic! It'd clear up a lot of misunderstandings, and it would give everybody involved with heritage management a lot better understanding (I think everyone here is involved with heritage management, in one way or another). In many ways the federal laws are the easiest heritage laws to follow already, mostly because of the consistency. Unfortunately, I'm sure you can imagine the political situation would be really tough trying to get the federal government to pass something that wholly supercedes all the various state laws. First, I'm not sure what the constitutionality would be. Second, I don't think many state legislatures want to "give up their history" to the federal agencies. So as much as I would like to see one set of national laws, I don't see it happening realistically. Unfortunate, but probably the reality in the current political climate.
I have to say I'm surprised to hear someone hear in favor of treasure trove, as that would mean any gold or silver would automatically belong to the government! Maybe you're thinking of something like Britain's Portable Antiquities Scheme.
Billinoregon and Jon, I have longer responses for you, I'll get to them soon!
Again, it was the federal law that became the blueprint for the state laws and has snowballed all the way down to local laws in a lot of areas. And frankly, I'd be opposed to supervised metal detecting on state lands that I pay taxes for and snowmobilers, gas companies, hikers, fishermen, campers, etc. have free reign to.
Jon said it perfectly. I was trying to say the same thing but as I typed I simply got angrier and the focus blurred. Thank you Jon for your words.
We have mountains of written history and documentation on darn near everything in the last 300 years. There is absolutely no reason that sites need to be declared historic if they fall into a general scheme of life, such as a ghost town or old logging camp in the mountains. Why would anyone need to know the historic context of an axe they used or a pocket full of change that fell from someones pocket?
Here in Pennsylvania, there were skirmishes with Indians all over. What difference does it matter how many there actually were? Written history has a good many recorded, we know they happened, we know people died and were buried or left for the animals to devour. Random arrowheads from hunting parties abounded.
A prime example of one of the points Jon was making was a place my older brother used to collect arrowheads. It was dynamited to make a highway. Obviously, no concern there for any historic significance. And recently, state archeologists did a sample dig at a site where a new bridge is to be built to confirm any traces of Indian life in the area. "All" they found were pottery schards, some tools and miscellaneous items...not enough evidence to stop the bridge building. What

There is tons of written history of the area to justify the dig, but you can't stop progress I guess. But you can bet your last dollar had I been digging there, found some schards or tools, my butt would be in jail for robbing an historic site.
Can you see the hypocrisy there? This is a huge difference between amature history buffs like myself and paid state archeologists. I'd have wanted to recover the items, photo the items, display and donate the items. The state will bulldoze the items, bury the remains under thousands of tons of fill and wash their hands of any historic significance of the area.
As for the gas/oil boom here in Pennsylvania, again, no one is taking historic significance into any of the well pads they clear or the pipelines they are cutting across the mountains to lay or the miles of access roads they cut. No one is exploring ahead of them to say "Hey, wait a minute, there's evidence of some remote town here or an old miners camp". Not to mention the environmental laws they are allowed to bypass. Again, the hypocrisy just oozes from the state. So too, if I detect one of the roads they built and find some relics they crushed and some bent up impliments or even some arrowheads that were unearthed, I'm wrong and being a thief.
Archeology is important in understanding ancient civilian life, but all it does is inform us of the past. It satisfies our curiosity of life during another time. Archeologist's are paid hobbiests. While I research written history and go explore areas on foot, metal detect to confirm what is written for free, archeologists are paid to do the exact same thing. If there were no paid archeologists, there would be archeology clubs all over the world doing it for free.
Back in the 1980's I helped promote a new group called "North Pittsburgh Past Finder's". We were a metal detecting AND archeology club. We were local history buffs that also enjoyed metal detecting. Over the years local laws have become more restrictive and has created the animosity we see today.
You mention the issues of state laws and I point out the federal laws created the guidelines, just as local communities have taken their pieces of the state laws and applied the parts they feel they need. The archeology community has the money and lobbying we don't, that's how you were able to get the laws passed in the first place. So it would take some work on your part to undo it, take some of your money and change the federal law and issue a statement to the state welcoming amature detectorists into your corner as an asset to protecting historic resources that states actually don't care about. Some campaign donations to our governor insured a free pass to the gas companies to tromp where ever they please, reguardless of what's in their path. Do you think our governor cares about our history? We'd actually be a hinderance to them if we found an old settlement or something in their path. I'm sure however, we would never stop progress. But...we could possibly document a portion of it, save a few relics from destruction, add another piece of the puzzle to our states history.
Al