sthilcollector:
The following is from a post to a different forum:
In general, it is not illegal to use metal detectors on the National
Forest, though it can be either pointless or frustrating depending on what
you are after. About all that you are allowed to take are modern artifacts
that you didn't have to dig for. Anything historic is off limits (you can
pick it up and look at but you can't dig it up or take it home). Nowadays,
that means anything left out there prior to 1957.
These are the specific laws and regulations relating to this:
USDA Forest Service Manual Direction (draft); FSM 2364.22: Metal detectors
may be used on National Forest System lands in areas that do not contain or
would not reasonably be expected to contain archaeological or historical
resources, such as developed campground and picnic areas. Metal detectors
must be used for lawful purposes and not violate ARPA or 36 CFR 261.9. Any
act with a metal detector that violates these or any other laws or
regulations is prosecutable. Normally, developed campgrounds, swimming
beaches, and other developed recreation sites are open to metal detecting
unless there are heritage resources present. In such cases, Forest
Supervisors are authorized to close these sites by posting notices in such
sites.
ARPA (Archaeological Resources Protection Act), 16 U.S.C. 470cc: "No person
may excavate, remove, damage, or otherwise alter or deface or attempt to
excavate, remove, damage or otherwise alter or deface any archaeological
resources located on public lands or Indian lands unless such activity is
pursuant to a permit. . ." ARPA applies only to archaeological features and
artifacts that are over 100 years old; This does not imply that anything
less than 100 years old is fair game; other laws and regulations also
apply.
Code of Federal Regulations, 36 CFR 261.9: "The following are prohibited:
(g) digging in, excavating, disturbing, injuring, destroying, or in any way
damaging any prehistoric, historic, or archaeological resources, structure,
site, artifact, or property. (h) Removing any prehistoric, historic, or
archaeological resources, structure, site, artifact, property." 36 CFR
261.9 covers the gap left by ARPA regarding historic sites and artifacts
since it has no specific age limitation to define historic. The standard
for such a consideration in most other Federal agency regulations is 50
years.
J. Scott Wood
Forest Arcaheologist/Heritage Program Manager
Check with the local Forest Service office having jurisdiction for their interpretation of the regs.
Good luck,
Harvey Whitcomb
