Collecting Arrowheads And Other Artifacts.........
6/29/09.......ATTENTION CLARIFICATION to all peoples. It is against the law to collect arrowheads/artifacts on Indian Reservations, and Public Lands, and all areas administered by our government entities the DOI, BIA, BLM, USFS, and STATES PARKS. I collect only on PRIVATE LANDS with permission of landowners. Also I donate my collections to Nevada State Museum at Carson City, the University Collections at UNR, and the collections of business owner Moe at the Whigwam in Fernley Nevada as anonymous donations. I believe our history past and present belongs to the people of PLANET EARTH, AND MUST BE PROTECTED AND PRESERVED FOR ALL FUTURE GENERATIONS. Thank you, Erik Johnson/NamVet
With the fossils you have to be careful, because the regulations vary from state to state--even with respect to federal lands. These are the National Forest Regulations for Indiana regarding archeological artifacts and paleontological specimens. But like I said, you have to check what the federal regulations are for your particular state. Violation of these regulations have resulted in prison sentences and stiff fines in many cases.
National Forest Regulations for Indiana
There are several unique rocks on the Hoosier National Forest. Geodes are especially unusual and popular for visitors to collect. Small quantities of rocks for personal use may be collected on the Forest. Geodes are generally found only in the northern part of the forest in streambeds. These rocks may not be resold and there should be no earth disturbed in the process of collecting.
Precious minerals including gold and gems such as garnet are found in limited quantities on the Forest. Recreational gold panning or panning for sapphires and garnets is allowed so long as no commercial equipment such as dredges or sluices are used and no earth is disturbed. Panning is not likely to yield more than very small amounts of any precious mineral however it has long been a fun activities for families. No panning is allowed in the Charles C. Deam Wilderness area.
Much of the Hoosier National Forest was once settled, and old house sites are common on the Forest. Bottles, old equipment, and other household utensils often remain at these sites. These items are protected and may not be removed. As historians and archaeologists examine the sites, many of these items allow for them to date occupancy of the site and from these traces of the past, they can learn more about our heritage. Use of a metal detector to search for coins or other antiques and historic artifacts is prohibited. These objects are part of the cultural history of the area and are protected under federal antiquities acts. However, an exception to this rule is that coins may be collected and metal detectors used on beach areas in developed recreation sites.
Just as much of the Forest was once settled by pioneers, in prehistory times, the area was used by Native Americans and there are still many reminders of their life here. Any artifacts such as arrowheads, spear points, pottery, and grinding stones are protected by law and collection of these items is absolutely prohibited. Any earth disturbing activities in rock shelters or other sites of prehistoric occupation or possession of these artifacts on national forest lands is punishable by fines and imprisonment.
This is part of BLM Preservation and Protection Act.............. The Antiquities Act of 1906 (P.L. 59-209; 34 Stat. 225; 16 U.S.C. 432, 433) is the earliest and most basic legislation for protecting cultural resources on Federal lands. It provides misdemeanor-level criminal penalties to control unauthorized uses. Appropriate scientific uses may be authorized through permits, and materials removed under a permit must be permanently preserved in a public museum. The 1906 Act is broader in scope than the 1979 Archaeological Resources Protection Act, which partially supersedes it. Uniform regulations at 43 CFR Part 3 implement the Act.
This is another part of the Preservation and Protection Act........ The Historic Sites Act of 1935 (P.L. 74-292; 49 Stat. 666; 16 U.S.C. 461) declares national policy to identify and preserve nationally significant "historic sites, buildings, objects and antiquities." It authorizes the National Historic Landmarks program and provides the foundation for the National Register of Historic Places authorized in 1966 in the National Historic Preservation Act. Regulations implementing the Landmarks program are at 36 CFR Part 65.
Another part............ The National Historic Preservation Act of 1966 (P.L. 89-665; 80 Stat. 915; 16 U.S.C. 470), as amended, expands the National Register of Historic Places and extends protection to historic places of State and local as well as national significance. It establishes the Advisory Council on Historic Preservation, State Historic Preservation Officers, Tribal Preservation Officers, and a preservation grants-in-aid program. Section 106 directs all Federal agencies to take into account effects of their actions ("undertakings") on properties in or eligible for the National Register, and Section 110(a) sets inventory, nomination, protection, and preservation responsibilities for federally owned cultural properties. Section 110(c) requires each Federal agency to designate a Preservation Officer to coordinate activities under the act. Section 106 of the act is implemented by regulations of the Advisory Council on Historic Preservation, 36 CFR Part 800.The DOI criteria and procedures for evaluating properties' eligibility for the National Register are at 36 CFR Part 60.
The Executive Order 11593........ Executive Order 11593 ("Protection and Enhancement of the Cultural Environment," 36 F.R. 8921, May 13, 1971) directs Federal agencies to inventory cultural properties under their jurisdiction, to nominate to the National Register all federally owned properties that meet the criteria, to use due caution until the inventory and nomination processes are completed, and also to assure that Federal plans and programs contribute to preservation and enhancement of non-Federal properties. Some of the provisions of the Executive Order were turned into Section 110 of the National Historic Preservation Act.
Another part of the laws.......... The Archeological and Historic Preservation Act of 1974 amended the Reservoir Salvage Act of 1960 (P.L. 86-523; 74 Stat. 220, 221; 16 U.S.C. 469; P.L. 93-291; 88 Stat. 174; 16 U.S.C. 469), amended the Reservoir Salvage Act of 1960, providing for the preservation of historical and archaeological data that might otherwise be lost as the result of Federal construction projects or federally licensed or assisted programs. The act provides that up to one percent of congressionally authorized funds for a project may be spent from appropriated project funds to recover, preserve, and protect archaeological and historical data. BLM projects are rarely subject to line item authorization and appropriation, and this provision generally does not apply to BLM.
Another part of the laws............ American Indian Religious Freedom Act of 1978 (P.L. 95-431; 92 Stat. 469; 42 U.S.C. 1996) resolves that it shall be the policy of the United States to protect and preserve for the American Indian, Eskimo, Aleut, and Native Hawaiian the inherent right of freedom to believe, express, and exercise their traditional religions, including access to religious sites, use and possession of sacred objects, and freedom to worship through ceremonials and traditional rites. Federal agencies are directed to evaluate their policies and procedures to determine if changes are needed to protect such rights and freedoms from agency practices. The act is a specific expression of First Amendment guarantees of religious freedom. It is not implemented by regulations.
Another part of the laws. This is the one to really pay attention folks...... Archaeological Resources Protection Act of 1979 (P.L. 96-95; 93 Stat. 721; 16 U.S.C. 47Oaa et seq.), as amended, has felony-level penalties for excavating, removing, damaging, altering, or defacing any archaeological resource more than 100 years of age, on public lands or Indian lands, unless authorized by a permit. It prohibits the sale, purchase, exchange, transportation, receipt, or offering of any archaeological resource obtained in violation of any regulation or permit under the act or under any Federal, State, or local law. Its definitions, permit requirements, and criminal and civil penalties augment the Antiquities Act, which it partially supersedes. It is implemented by uniform regulations and Interior-specific regulations, both at 43 CFR Part 7.
And the last part of the laws concerning all of this stuff....... Native American Graves Protection and Repatriation Act of 1990 (P.L. 101-601; 104 Stat. 3048; 25 U.S.C. 3001) establishes rights of Indian tribes and Native Hawaiian organizations to claim ownership of certain"cultural items," including human remains, funerary objects, sacred objects, and objects of cultural patrimony, held or controlled by Federal agencies and museums that receive Federal funds. It requires agencies and museums to identify holdings of such remains and objects and to work with appropriate Native Americans toward their repatriation. Permits for the excavation and/or removal of "cultural items" protected by the act require Native American consultation, as do discoveries of "cultural items" made during land use activities. The Secretary of the Interior's implementing regulations are at 43 CFR Part 10.
Like you Erik, I'm very much in support of preserving the integrity of archaeological sites--especially since I took several courses in archaeological as an undergraduate at UIC. I appreciate the importance of keeping artifacts in their pristine locations, since the strata in which they're found in and of itself gives archaeologists important information about time frames.
But again, I must reiterate that it is equally as important to check the laws governing federal regarding fossils in your particular state. The reason is that in certain states there may be fossils that fill in the gaps in our knowledge-base for things like dinosaurs for examples and fossils that help build a case for birds being the descendants of dinosaurs. Here in Indiana you don't have to worry about that, since the fossil record covers only parts of the Paleozoic Era, up to the Mississippian period and parts of the Cenozoic Era. The entire Mesozoic Era is completely missing from the fossil record, and the fossils found here are very common. So there's no threat of finding a fossil that is crucial in our understanding of the history of this planet and the lifeforms that once inhabited it. But in states like Utah for example where dinosaur fossils are very prevalent, that is not the case. And, you can get into very serious trouble if you for example remove a part of a dinosaur skeleton on federal or state lands. So, before you go out into the field, be sure to check the regulations that govern both federal and state parks in the state in which you're doing field work.
