indian legal questions

[Walleyeman]

Indian legal questions

Friends,

need solid advice!

1: if an Indian with proper paper finds or attempts to find relics on public(county,federal,city) or private land, but has legal rights to hunt and gather there. its it legal?
if yes please answer question 2

2: if an Indian has a a handicap can he be helped in retrieving these relics



Thanks for your info,

 

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[Jason in Enid]

You want legal advice? You should be talking to a lawyer.

 

[Walleyeman]

Touche,
Thanks Jason,
Let me rephrase that. lol
any "ADVICE" would be appreciated

 

[MTJosh]

Will second the get legal advice.

Have no idea what you mean by him having "legal rights to hunt" No one has this in general.

But would say I doubt any public land entity (BLM, Forest state etc) would not allow an Indian to take artifacts. Now if there is some odd thing out there for a Native American per a rule with the local tribal government, then maybe. But can guarantee you no Indian (person from India) is allowed. If there is some reason a Native American can search for Native American artifacts, I would guess any artifact would have to go through legal channels. state or federal then work with local tribal govt to repatriate the item. But see no way an individual can dig and recover artifacts personally. I have Native American friends and being registered on the reservation does not allow them to break laws like removing artifacts from public land. If you help your friend you are also breaking the law.

If your friend happens to find native artifacts best to contact the local land administrator (state fed etc) and his tribal government. This way the items can be properly handled in an archeological context. If he is just looking to take the items for personal gain then this is stealing and against the law. And ruins any archeological integrity to learn from the artifacts for not only his tribe but everyone.

Private land you need to contact the landowner. without permission you are trespassing. And look into laws on removing artifacts even from private land.

So will reiterate and state to seek legal counsel.