Question re: federal lands

[DougsGraphics]

Ok, so I've read a few threads touching on the subject, but just can't get past one general question. Is it ok to enter federal lands (and by that, I am specifically wondering about forest service lands, e.g., National Forest) for metal detecting? My questions centers on the interpretation of 36 CFR 296.5(b)(2):

296.5 Permit requirements and exceptions.

(a) Any person proposing to excavate and/or remove archaeological resourcesfrom public lands or Indian lands, and to carry out activities associated with such excavation and/or removal, shall apply to the Federal land manager for a permit for the proposed work, and shall not begin the proposed work until a permit has been issued. The Federal land manager may issue a permit to any qualified person, subject to appropriate terms and conditions, provided that the person applying for a permit meets conditions in § 296.8(a) of this part. (b) Exceptions: (1) No permit shall be required under this part for any person conducting activities on the public lands under other permits, leases, licenses, or entitlements for use, when those activities are exclusively for purposes other than the excavation and/or removal of archaeological resources, even though those activities might incidentally result in the disturbance of archaeological resources...(2) No permit shall be required under this part for any person collecting for private purposes any rock, coin, bullet, or mineral which is not an archaeological resource as defined in this part, provided that such collecting does not result in disturbance of any archaeological resource.

I read this as, it's ok to go look for coins and bullets, and perhaps a nugget of a precious metal. "Archaeological resource" is defined earlier in the text as basicly anything older than 100 years excluding coins, bullets, unworked minerals, and rocks. Anyone have any references that provide better clarification of the above? When does one cross the line (just unearthing something that might be considered an archaeological resource, or does one have to be deliberately looking for said resource -- the "does not result in" clause)?

[RingDancer]

Can we get a lawyer here!!! I sure would love to hear more on this!

Pat

[Hunt4Fun]

Hi DougsGraphics,

I found the following site that covers the entire Title 36:

http://ecfr.gpoaccess.gov/cgi/t/text...96_main_02.tpl

I read the Purpose, Authority, Definitions, Prohibited Acts, and Permits & Exceptions sections. I am not a lawyer, but my layman interpretation is the same as yours.

I have no idea how the "does not result in" clause might be interpreted by enforcement personnel. It doesn't say you would immediately be in violation of the act by simply stumbling across an "Archaeological Resource". However, it doesn't say you wouldn't either.

Hope someone with a legal background responds to your post.

Hunt4Fun

[ERnurse]

I hunt a national corps of engineers lake and reserve. All I had to do was got to the Rangers office and get a free permit that is good for one year. It list all the requirements on it. I am limited to the beaches, playgrounds, pic-nic areas and parking lots. Took 5 minutes to do. It says I'm to turn in anything over 100 dollar value or historical arch. find. They don't stand over my shoulder. Matter of fact I've never been approached by a ranger and they drive by all day long. Hope that helps.

hh

Rob

[warsawdaddy]

I just sent Pappy some info on this for the next newsletter.Maybe he can give you a headsup before press time.Yes,it's ok to MD National Forests,but I would carry a copy of what I sent Pappy with you.

[PAPPY]

I have already sent in the article for publication....PLEASE be patient and it will appear in the upcoming newsletter...THANKS...PAPPY

[TwoDogsBob]

My two cents worth.. I live in an area where I'm surronded by National Forest. I called up the local office and asked "Can I use a metal detector on National Forest Land?" The gentleman I was talking to didn't know for certain and had the head of the office call me back.. The answer I got was "In organized campground areas and along beach areas only." I questioned whether I could just wander out in National Forest land and use my detector and got a NO!.. I also asked about can dumps as there are a lot of them here on National Forest land and was told that they are arch sites and there for anything over either 45 or 50 years old would be considered an antiquity and this opens the door to a new problem.
My suggestion is call your local office and find out what they say and get the name of the guy you talk to.
Another story, on several trees in the forest in back of my property are metal tags saying the area is a "sensitive resorce area" it has a individual number on each one and a phone nimber for the local Forest Service office. There is also a pile of rocks in this area that looks like a grave site and out of interest I called the local office with the numbers and info that was on the metal plates.. Seems nobody in the office knew anything about them. About a month later a Forest Service employee was walking around the area so I asked him about them. He knew of them and his only answer was "Sometimes they don't like to diclose information about such sites so that people stay out of them." I also asked him about the can dumps in the area and was told that yes he knew about the "arch sites", red flags got up there, but he had looked at them and all they were was a bunch of rusty cans and car parts.. One man's treasure is another man's rusty cans, but don't get caught in it cause it's an arch site.. My tax dollars pay for these people tooo huh...... Bob

[DougsGraphics]

I look forward to the newsletter, Pappy!

[carolinachief]

It sounds like we have some very helpful info on the way. Will be waiting to read it impatiently.