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Ghosttowns.com
10-14-2003, 12:34 PM
Originally posted by rob@2drx

: No worries, I'm not interested in stealing artifacts.

: However, I do occasionally mention to people that it is a federal crime to remove artifacts from a historic mining site. What law does this represent exactly? Is it only applicable on federal land?

: TIA

Ghosttowns.com
10-14-2003, 12:43 PM
Originally posted by rob@2drx

: Sorry, I should have said that I'm a noob here, first time poster.

: rob

Ghosttowns.com
10-14-2003, 05:09 PM
Originally posted by Yet Another Bob

: It started with the American Antiquities Act of 1906, strenghted in 1975, The National Historic Preservation Act of 1966 and various amendments,
: The 1976 Federal Land Policy and Management Act (FLMA) established a national policy for protection and management of cultural resources, The American Indian Religious Freedom Act of 1978 (allows native American access and use while preventing distruction of sacred sites and objects on Federal lands), the 1979 Archaeological Resources Protection Act strengthened the Federal Government's legal commitment to protect these resources by establishing stiff penalties such as prison sentences and fines for those found guilty of excavating, removing, transporting, or selling these resources without a permit.

: Unless you want to know the exact words, just understand that Cultural materials on public lands may not be removed, damaged, disturbed, excavated or transferred without BLM permit. Cultural resources include prehistoric and historic artifacts and sites, broken objects and debris more than 75 (Sometimes 100) years old that were used or produced by humans. Protected materials include arrowheads and other stone tools, grinding stones, beads, baskets, pottery, old bottles, horse shoes, metal tools, graves, trash scatters, buildings, mining equipment and other artifacts. If an object could yield information about the past by its location (Found in situ) then you are honor bound to respect that object. If you want to dig, getting permission on public land requires credentials and some amount of effort. Obviously historic sites such as cabins, sawmills, graves, trail traces, mining areas, townsites, ranches and railroads are not open to collecting. While metal detector use is allowed on public lands. Modern money may be collected, but coins and artifacts more than 75 or 100 years old may not be collected.
: Collecting in many areas protected originally by the Antiquities Act of 1906 do not allow any collect; that includes national parks and some Natioonal Recreation Areas and National COnsrevation Areas.

: When in doublt ask. I believe if you've got a thrill from finding something on our public lands, the next person who comes along would get the same thrill. Just be glad the person who came before you had such an ethic. I can only hope that that responsible to the preserving the past ethic becomes even stronger.

: I think of the frist time I visited Aurora, Nevada and what little is left today and I realize that that ehtic needs to be further developed if our grand children are to enjoy what we enjoy in ghosttowning.

Ghosttowns.com
10-14-2003, 09:48 PM
Originally posted by Dezdan

: Here's one for you Bob. I recently 'polled' 7 different Archeologist asking them a certain question about an artifact. All seven replied stating that if the artifact was over 75 years old the the Antiquities Act (1906) and the Archaeological Resources Protection Act (1979) applies. Now, 6 out of 7 referred me to the Code of Federal Regulations, 43 CFR 8365.1-5, saying that items older than 50 years old found on Federal land is protected under that Federal regulation.

: Now, 43 CFR 8365.1-5 basically states, "On all public lands, unless otherwise authorized, no person shall; Willfully deface, disturb, remove or destroy any personal property, or structures, or any scientific, cultural, archaeological or historic resource, natural object or area."

: Any idea where the 50 years portion came into effect?

: ~Dan

Ghosttowns.com
10-15-2003, 07:25 AM
Originally posted by Yet Another Bob

: Dan

: There is a definition that to qualify for protection as an historic building, structure, site that mentions 50 years! I will ask my agencies friends and get back to you! I hear that 50 Years once in the while but we often clean up the piece of our desert an haul out WWII era junk all the time! The law started at 100 years unless recognized as "blah, blah" which how it got to 75 years and perhaps where the fifty years comes from. Like I said, I get an answer. Meeting with the Nevada BLM from my friend Bob Abbey (State Director) and numerous staff for a two day "tri-Rac" meeting. We have thre Resource Advisory Councils (RAC) in Nevada. I'll get a definitive answer.

: --bob

Ghosttowns.com
10-17-2003, 12:53 PM
Originally posted by Yet Another Bob

: Figured it out kinda. There is a mandate to evaluate any site over 50 years old to determine if it warrants protection or other action! I'm trying to chase down exactly where it is located but it starts with section 106 of the National Historic Preservation Act of 1966 which has been modifed in 1974 and I believe sometimes in the 90's. I cornered two contract archeologists and a BLM archeologist and they assured me that cleaning up WWII era trash from the desert could only be alowed after an evaluation of cultural significance had been made. The fifty years comes from the National Historic Preservation Act but that notes that there are exceptions where an "effect of man's actions" that was less than 50 years old could be declared significant. Determing how 50 years gets into 43 CFR is my next goal but I am now convinced that such artifacts must be considered before any action on public lands can be permitted.

: ...: Any idea where the 50 years portion came into effect?

: : ~Dan

Ghosttowns.com
11-27-2003, 09:58 AM
Originally posted by Melanie

: : Here's one for you Bob. I recently 'polled' 7 different Archeologist asking them a certain question about an artifact. All seven replied stating that if the artifact was over 75 years old the the Antiquities Act (1906) and the Archaeological Resources Protection Act (1979) applies. Now, 6 out of 7 referred me to the Code of Federal Regulations, 43 CFR 8365.1-5, saying that items older than 50 years old found on Federal land is protected under that Federal regulation.

: : Now, 43 CFR 8365.1-5 basically states, "On all public lands, unless otherwise authorized, no person shall; Willfully deface, disturb, remove or destroy any personal property, or structures, or any scientific, cultural, archaeological or historic resource, natural object or area."

: : Any idea where the 50 years portion came into effect?

: : ~Dan
: Authorized by ??? who? farmers, landowners, yourself~... Bottoms, backwoods, country roads.I say open season on artifacts unless otherwise authorized.Melanie

smiths
03-05-2004, 10:42 AM
Originally posted by rob@2drx

: No worries, I'm not interested in stealing artifacts.

: However, I do occasionally mention to people that it is a federal crime to remove artifacts from a historic mining site. What law does this represent exactly? Is it only applicable on federal land?

: TIA
The laws are ARPA (arch. resources protection act, 197?) as well as the Antiquities act of 1906. These laws apply to all federal and most state lands, but not to private property.