Laws on removing artifacts in Michigan

[Jordacki]

Hello, our family owns property in which a large native settlement was on. Along with government land, where we'd like to dig, we were wondering how we would go about legally removing artifacts from these properties in Michigan? We were wondering what, if any penalties were there for removing these artifacts without permission from the state or federal government? If anyone knows anything about this, it would be much appreciated.

[raw-war-digger]

I do believe it's against Federal Law to dig but here is a start on the State
The Law and American Indian burialprotections--Michigan laws

Good Luck, Roger

[Riff]

Great link raw-war-digger. I have bookmarked it.
Between Federal law, State law and then throw in the fact that you personally own it......... it looks pretty confusing. Perhaps a quick talk with a good lawyer would clear it up. You certainly don't want to be fined, face jail time or loose assets(especially YOUR land) because of ignorance.
Does it have to be a "registered" Native American site?? Does that term even exist?? Or, has this site been completely overlooked by the Native Americans? Perhaps not even important to them.
CYA is always good advice.
Maybe someone on this site has better advice?
This is a good thread Jordacki.

Good luck,
Riff

[LeoinPA]

I would separate the 3 different ownership/control of the land.
1. I own it
2. The State owns it
3. The US owns it

1. I own it to do as I please. If I find a burial site, then that might cause a little difficulty. §324.76106

2. The state owns it. I read a permit is required, as almost all the citations state "lands owned by the state"

3. Federal land would be covered under different laws from the Federal Government, and my understanding is they have generally disallowed an "individual" from hunting and are redifining what the "public" can do. At one time, the public meant "anybody", or "individual". Now they are defining the "public" as the Govt. alone, and unless you're a professional, then they discourage most activity.

Somewhat simplified, but I think it's correct

Thanks
Leo
PS. Sorry Riff, we were posting at the same time.

[Jordacki]

Thank you very much! You are all very helpful. We were thinking of calling the DNR or someone like that or a lawyer to figure out what we could and could not do.

[Riff]

Great minds think alike. No apologies necessary.

This forum is about helping each other.

Just to expound on what Leo & I said...... Even if it is private property, if wind gets out that this is a newly found "large native settlement" certain Native American/Feds/State groups could try to claim some kind of ownership(or at least protective) other than the current owners, and the Jordacki family could lose control of it or part of it. Or at least it will stall any MDing on it, which could take who knows how long.

Very interesting. I hope I am still around when it is all figured out.

I don't think the DNR would be quiet or helpful if you told them it was a "large native settlement". Even if it was none of their business.

Be careful and CYA
Riff

[Joker]

I guess it would depend if you find them on reservation property. Then it would belong to the tribe whose land it was found on. But since this is your property Im not sure. If you find out, thats some very useful info. thanks

[leesumm]

I cant remark on what is and what isnt imply due to ignorance of my own and not ashamed to say so. But thinking about this scenerio I am wondering. If a person does indeed own the land which may or may not be true Indian ground and hasnt been declared as such. Say he or she was a farmer and was out in the field and plowed a few acreas then on the way back to his vehicle started to see artifacts as arrow heads , pottery, beads etc things the Indians used. Did he or she actually dig the artifacts ? Are they there for the taking laying on the ground uncovered by his plow?
I have often wondered this situation . Since I was a little tyke growing up in Mo. my dad had bought a "hobby farm" of only 80 acres which was a 1/4 miles wide and a half mile deep with a steep grade about 3/4 deep in the plot.
On top of that "plateau" was a rock "grave " or my dad said it was we found after burning the weeds off for plowing.We left the site as it was undesturbed and worked around it .
After getting into the Metal Detecting hobby and reading about Indian grounds and artifacts and laws and such I have been wondering how that applies to that site on that hill a long time ago

[DougsGraphics]

Interesting thread... I will continue to lurk quietly as I am interested, but not really able to provide anything useful... but certainly very interested... oops... did I say (er... post) that out loud???

[ihunt2liv]

Hello,
I'm here to tell you that there is NO WAY you can "legally dig this site". That being said I personally would do it anyway. I believe that if you own the land......you own whatever is in it. This may sound wrong to some but I really don't think that our govt. has ever had native americans or our interests in mind when they make laws? Do you? Dig it. Cherish it. Enjoy it. Don't tell anybody where you got it.