Myers Depot Metal Detectors

Metal Detecting on Federal Land

SoOregonMd

SoOregonMd

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Joined
Jan 8, 2018
Messages
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Location
Sam's Valley Southern Oregon
Came across this tonight on one of My Facebook Prospecting Groups

https://www.facebook.com/download/1140234836150588/stelprd3840675.pdf?hash=AcpHWIJ4GNSioYKX

this is the text of it

The Use of Metal Detectors on National Forest Land
The use of metal detectors has become a popular hobby for many people. Here is direction
on how or when metal detectors can be used on the Fishlake NF.
Metal detector use is allowed in developed campgrounds and picnic areas if they are not
specifically closed to such activity. It is permissible to collect coins, but prospecting for gold
would be subject to mining laws. However, you should know that agencies have not
identified every archaeological site on public lands, so it is possible you may run into such
remains that have not yet been discovered. Archaeological remains on federal land, known
or unknown, are protected under law. If you were to discover such remains, you should
leave them undisburbed, stop metal detecting in that area, and notify the local FS office.
The legal citations are listed below for your information.
The Forest Service has conducted numerous projects in conjunction with metal detectorists
and metal detecting clubs through our volunteer archaeological program, Passport In Time
(PIT). The cooperation has been fun for both the detectorists and the agency's
archaeologists. Locating archaeological sites becomes a joint endeavor and we learn a lot!
You can receive the PIT Traveler, our free newsletter advertising the PIT projects each
year, by calling 1-800-281-9176. Look for the ones where we request metal detecting
expertise! On the Fishlake, Archeologist Bob Leonard hosted a project that detected Old
Spanish Trail artifacts from a battle site near Fish Lake.
Code of Federal Regulations, 36 CFR 261.9: "The following are prohibited: (g) digging in,
excavating, disturbing, injuring, destroying, or in any way damaging any prehistoric, historic,
or archaeological resources, structure, site, artifact, or property. (h) Removing any
prehistoric, historic, or archaeological resources, structure, site, artifact, property." (Historic
means older than 50 years.)
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."
ARPA, 16 U.S.C. 470cc: "No person may excavate, remove, damage, or otherwise alter or
deface or attempt to excavate, remove, damage or otherwise alter or deface any
archaeological resources located on public lands or Indian lands unless such activity is
pursuant to a permit. . ."
For more information, contact Rob Hamilton, Fishlake National Forest, Supervisor's
Office, 115 East 900 North, Richfield, UT 84701, 435-896-1022 or email
[email protected].
 
"Normally, developed
campgrounds, swimming beaches, and other developed recreation sites are open to metal
detecting unless there are heritage resources present".

This was hard to follow but is the above a Fed law or a UT state law?

Sent from my LGLS775 using Tapatalk
 
So-Or-MD : Thanx for posting this. I have often posted that link as proof that md'ing is NOT "illegal on all federal land". A myth that some skittish md'rs continue to perpetuate.

If I can just sum up your text in a nutshell: "MD'ing not illegal on NFS land, as long as you're not falling afoul of ARPA"

In other words: Allowed on NFS, as long as you're not finding coins (gasp) older than 50 yrs. old.

But I have to say, in my 40+ yrs. of this, I have NEVER had anyone come up to me, armed with a calculator, to do the math on the ages of coins I found on NFS land. Nor is my math very good.

Basically, just avoid obvious historic sensitive monument on NFS (and archie picnic conventions) and you'll be fine.
 
Whats is strange is you can detect in National Forests but not National Park ares. What is the difference? I can understand in a setting like Gettysburg you would not be allowed to detect but something like the Delaware National Recreational park is not a significant heritage site.

Ray
 
Tom_in_CA said:
In other words: Allowed on NFS, as long as you're not finding coins (gasp) older than 50 yrs. old.

But I have to say, in my 40+ yrs. of this, I have NEVER had anyone come up to me, armed with a calculator, to do the math on the ages of coins I found on NFS land. Nor is my math very good.
Click to expand...

:laughing: Yes, we metal detectorists are very bad at math. And no, you can't see my math report card. If Trump won't show his I don't have to either;)

Happily for me, it would be for the opposite reason of the POTUS...:roll:
 
right on spot . it it very important if you see remains like indian such to leave them alone and report where it is so to document it... besides that look to see if any bird reptiles fish etc endangered, we pay tax dollar for people to keep wildlfe safe from poaches disease just general nefarious people. it is what it is. its easy to report if not sure because the federal knows laws its common law of the land. now for stuff on the surface I dont know if that would be bad I know here parts of ca. we can dig but without any mechanical means I use shovel pick etc. tractors bulldozers I dont know about that.
 
RayK said:
Whats is strange is you can detect in National Forests but not National Park ares. What is the difference? I can understand in a setting like Gettysburg you would not be allowed to detect but something like the Delaware National Recreational park is not a significant heritage site.

Ray
Click to expand...

Not written in stone but basically........

National Parks are protected areas, no digging, mining, taking pinecones, anything that can disturb the trees, ground, wildlife... etc.
Just the act of declaring an area a national park makes it a heritage site.

National Forests are managed areas where mining, fishing, forestry and such are allowed but controlled, IE, managed.

This is why you can metal detect in national forests but not national parks, or state parks.
again, not written in stone.
 
Bajanick said:
.... This is why you can metal detect in national forests but not national parks, or state parks....
Click to expand...

Not all state parks are a No-no. And even to the extent that certain others have a "no" in their column, you sometimes even need to read-between-the-lines on those too. But I'll save that for another thread/another time. :laughing: Suffice it to say: Not all state parks are off-limits to md'ing.
 
DbblTap said:
"Normally, developed
campgrounds, swimming beaches, and other developed recreation sites are open to metal
detecting unless there are heritage resources present".

This was hard to follow but is the above a Fed law or a UT state law?

Sent from my LGLS775 using Tapatalk
Click to expand...

Tom_in_CA said:
So-Or-MD : Thanx for posting this. I have often posted that link as proof that md'ing is NOT "illegal on all federal land". A myth that some skittish md'rs continue to perpetuate.

If I can just sum up your text in a nutshell: "MD'ing not illegal on NFS land, as long as you're not falling afoul of ARPA"

In other words: Allowed on NFS, as long as you're not finding coins (gasp) older than 50 yrs. old.

But I have to say, in my 40+ yrs. of this, I have NEVER had anyone come up to me, armed with a calculator, to do the math on the ages of coins I found on NFS land. Nor is my math very good.

Basically, just avoid obvious historic sensitive monument on NFS (and archie picnic conventions) and you'll be fine.
Click to expand...

Tom_in_CA said:
Not all state parks are a No-no. And even to the extent that certain others have a "no" in their column, you sometimes even need to read-between-the-lines on those too. But I'll save that for another thread/another time. :laughing: Suffice it to say: Not all state parks are off-limits to md'ing.
Click to expand...

I concur.. State Parks in Oregon are ON Limits.. is that a word :?:
 
waltr said:
... One MUST consult the regulations in the State of interest....
Click to expand...

And how do you suggest that "one" can do / accomplish that ?

There was a "noble attempt" done back in the early to mid 1980s (pre-internet era) by a fellow named R.W. "Doc" Grim. His method was simple: He simply xeroxed off 50 copies of the same letter , and sent it to all the heads of each state park's dept. Ie.: the state capitol top-dogs of each state park's headquarters dept. Then simply sat back, and waited for his mail box to fill with 50 replies.

Genius idea, right ? I mean .......... who better to ask, than the state's top pencil-pushers THEMSELVES right ? :roll: And that list has ever-since evolved into similar lists, that still circulate, to this day.

Care to guess what happened ?

Genius idea right ? And if-ever-the-subject comes up, guess what resource (ie.: the "answer") people will consult for the "yes or no" answer ?
 
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