Metal Detecting on Federal Land

[mh9162013]

I know of a great location spot for relic hunting. The only problem is that it's on federal land. I think it's also part of a federal national park or recreation area. However, the location used to belong to my spouse's grandmother and was the place of her birth and childhood. About 50 years ago, the land was taken through imminent domain.

Due to this family connection, is there a legal process or procedure that would allow me to metal detect there? And if so, would there be special rules concerning any finds?

Any advice would be appreciated.

 

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[DeepseekerADS]

One did say we could hunt there, but they would keep all finds...

Most Fed parks are off limits and you're in danger of Federal charges.

We don't need the trouble...

 

[Toecutter]

check this out
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5261774.pdf

USDA Forest Service Manual Direction (draft): "Metal Detector Use. Metal detectors may
be used on public lands in areas that do not contain or would not reasonably be expected to
contain archaeological or historical resources. They must be used, however, for lawful
purposes. Any act with a metal detector that violates the proscriptions of the Archaeological
Resources Protection Act (ARPA) or any other law 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."

 

[mh9162013]

Thanks for the replies. I guess I'm curious as to whether the fact that any of the archaeological or historical resources belongs to my spouse' family makes any difference.

 

[DeepseekerADS]

Another option is to ask if they'll give you a "detecting permit". Roanoke, VA and Danville, VA and I'm sure others do offer permits for their historical parks. Talk to several, don't just give up and walk away. You might produce evidence of your spouse's ancestors...... "Your gggggrandmother lost her wedding ring there and her family wants it back" An emotional appeal!

Might take you a while, you might talk to the rangers, others, until you find sympathetic ears. Good Luck...

 

[mh9162013]

I think what I'll do is gather the evidence to prove my spouse's family connection before I do any asking.

If and when I get to hunt this area, I'll let you guys know how it goes for future reference.

Thanks!

 

[cyberdan]

Every now and then I am the backup light keeper at our local historical lighthouse. (Battery Point in CA) last weekend I got to stay there for two days. It sits on a piece of land that at high tide becomes an island. I would have had eight hours piece and quiet to MD a place that has never been hunted. I asked the board of directors who run the lighthouse permission and got turned down only because it is a “Historically “ listed place. Everyone was interested to see what might be buried but couldn’t give permission. The best place is in full view of the mainland and I didn’t want to get caught.

 

[Tom_in_CA]

NPS is a form of federal land with a specific "no md'ing" rule. But if it's other forms of federal land (like NFS or BLM), there is not a prohibition . Like as in how Toe-cutter pointed out. The only thing that might kick in, is ARPA. Ok, fine, just don't find coins over 50 yrs. old (how good is your math ?)

I'll tell ya what : If it were MY spouse's grandmother who "lost her family heirloom ring when she was a kid " (according to the diary I just found), I would not hesitate for a moment to go look for it. It's YOURS after all.

Is this stretch of land in some sort of high-visibility sensitive spot ? Or just a "middle of nowhere" type spot ?

 

[Clay Diggins]

The only thing that might kick in, is ARPA. Ok, fine, just don't find coins over 50 yrs. old (how good is your math ?)

How many times do you have to do this stupid dance Tom? ARPA is 100 years and coins, rocks, bullets, fossils and meteorites are exempt.

You are correct that all but two National Parks, all National Recreation Areas and all National Seashores prohibit the possession of a working metal detector.

 

[Slingshot]

How many times do you have to do this stupid dance Tom? ARPA is 100 years and coins, rocks, bullets, fossils and meteorites are exempt.

You are correct that all but two National Parks, all National Recreation Areas and all National Seashores prohibit the possession of a working metal detector.

Grabbing bag of popcorn...

 

[Tom_in_CA]

How many times do you have to do this stupid dance Tom? ARPA is 100 years and coins, rocks, bullets, fossils and meteorites are exempt....

"Stupid" dance c-diggin's ? In a bad mood today ? Take a chill-pill. Yes, I'm aware of the 50 vs 100 debate. 50 gets tossed out there a LOT as the interpretation. It's all a moot point. Let's go with 100 fine. The point still remains: How good is your math ?

And as far as "coins and bullets exempt" : If you read that part closely, in context, it's only those "coins and bullets" that are not archaeologically significant, or in context of an archaeological site. But not "all" coins and bullets.

 

[smokeythecat]

National park? Last time I looked $10k fine, confiscation of your vehicle, metal detecting equipment and jail time. Yeah, just go for it!

 

[T.C.]

Every now and then I am the backup light keeper at our local historical lighthouse. (Battery Point in CA) last weekend I got to stay there for two days. It sits on a piece of land that at high tide becomes an island. I would have had eight hours piece and quiet to MD a place that has never been hunted. I asked the board of directors who run the lighthouse permission and got turned down only because it is a “Historically “ listed place. Everyone was interested to see what might be buried but couldn’t give permission. The best place is in full view of the mainland and I didn’t want to get caught.

My wife and I have been there on the tour...it's pretty cool.

 

[Coinucopia]

National park? Last time I looked $10k fine, confiscation of your vehicle, metal detecting equipment and jail time. Yeah, just go for it!

This^

Know a guy many years ago that got caught sneaking around on the Vicksburg battlefield. He paid quite dearly for it. Confiscation of vehicle which had recovered artifacts in it, some very expensive detecting equipment, felony conviction with no jail time but slapped with thousands of dollars in fines.

 

[smokeythecat]

I've heard if they really don't like you, they'll get a search warrant and grab anything you have which could have come off their property. ANYTHING. You have to prove otherwise.

Hell will freeze before I trespass where I'm not supposed to be. I like to RELAX while detecting. Happiness is having the homeowner's cell phone loaded into my cell!

 

[Clay Diggins]

"Stupid" dance c-diggin's ? In a bad mood today ? Take a chill-pill. Yes, I'm aware of the 50 vs 100 debate. 50 gets tossed out there a LOT as the interpretation. It's all a moot point. Let's go with 100 fine. The point still remains: How good is your math ?

And as far as "coins and bullets exempt" : If you read that part closely, in context, it's only those "coins and bullets" that are not archaeologically significant, or in context of an archaeological site. But not "all" coins and bullets.

There has never been a debate Tom. The law has always said 100 years. I provided you with a link (again) to the antiquities act itself.

It's not a moot point either. The difference between 1919 (100 years) and 1969 (50 years) is the difference between silver/gold coins and clad trash. How good is your math?

Having read the Antiquities Act I know that any coin (or other object) made after 1919 is fair game even if it is considered archaeologically significant.

You continue to mislead other detectorists to believe that any coin made before 1969 is off limits. Since I've given you the law and the facts about the Antiquities Act setting the 100 years cutoff several times on these forums I can only think you aren't misleading them out of a lack of knowledge.

 

[XLV]

I got a question is it illegal to have a shovel or to dig at this uncle king sam property i seen this before the invention of super magnets.... I illegally stole from the king after detecting at night only to return and dig with a hand trowel in the day ...i hope that gives all u robinhoods some ideas .....

 

[smokeythecat]

It is illegal to have a metal detector IN YOUR POSSESSION even while driving through a National Military Park. Ain't worth it. I go to some of the antiques dealers in Gettysburg. And sometimes buy too much. Last year I was taking pics of Devil's Den. I got tired and sat on a wall next to a gentleman I didn't know. We were talking about idiots falling on the rocks (which happens often). He said he was a civilian park watcher. I didn't know they had those, but they do.

 

[mh9162013]

NPS is a form of federal land with a specific "no md'ing" rule. But if it's other forms of federal land (like NFS or BLM), there is not a prohibition . Like as in how Toe-cutter pointed out. The only thing that might kick in, is ARPA. Ok, fine, just don't find coins over 50 yrs. old (how good is your math ?)

I'll tell ya what : If it were MY spouse's grandmother who "lost her family heirloom ring when she was a kid " (according to the diary I just found), I would not hesitate for a moment to go look for it. It's YOURS after all.

Is this stretch of land in some sort of high-visibility sensitive spot ? Or just a "middle of nowhere" type spot ?

Oh, it's a high visibility spot, right next to a major roadway. Just to clarify, the location is in a National Recreation Area and according to Wikipedia, it's under the jurisdiction of the National Forestry Service.

 

[mh9162013]

I'd also like to add that I appreciate the advice and comments, but would like to offer a piece of [nonlegal] advice: when it comes to understanding the law and it's application, merely reading a statute is pretty useless. Laws may stay on the books even if those laws have been ruled invalid or unconstitutional (per a state's or the federal constitution) by a court of law. Additionally, even if a law is still "good law," courts have the final say in its interpretation. So if you want to be extra sure about something, you'll want not only the statute supporting your position, but a court case (of the highest applicable court, i.e. the US Supreme Court or state supreme court) interpreting that specific statutory provision in the same manner you have. It also won't hurt to have a federal or state agency issuing a rule or regulation that is also supports your position.