metal detecting laws arizona

[Nugget Hunter Smith]

Let's put some reality to this post. First off the ARPA does not stop you from recovering coins or any other metal object that is not at least 100 years old and it MUST be of Archaeological or Historical significance to be protected, so says the law. So if you find an old cap and ball pistol it is yours unless they can prove it belonged to Geronimo or someone else of importance. Also arrowheads that are on the surface can be picked up and taken home, not protected under the law.
If you want to know more about this go to the FMDAC website at www.fmdac.org and look under the "Legislation" link.
A lot of people misinterput the laws for their own greed (both metal detectionist and archaeologist). LC is correct that most important finds have been made by the amautur just out exploring but the paid archaeologist will take the credit most of the time, after the fact.
Prospecting for gold is another matter, here in the 11 western states. It is protected by the 1866 and 1872 Mining Laws.

 

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[payloadjim]

Actually, I think most here are just meaning to go out and hunt some coins, gold, silver and jewelry and a few relics. I know about the Rock paintings being stolen, cut right out and square scarrs left behind. Many other things in Arizona have been ruined and destroyed which are a part of the States history and American history too for that matter. At the same time, if many small relics and coins aren't found, they will soon decay into nothingness. If a Police Officer sees someone out metal detecting and there are a lot of holes left behind and trash from the mans lunch etc. I think then the man should be cited for not cleaning up after himself and filling in his holes. People should not remove or be allowed to keep Ancient Indian Pots or other works of art that are made by the indigenous people from the area. And yet, where do you draw the line? No keeping of Arrowheads or small beads? Digging in an old ghost towns trash heap doesn't sound like much to me. I tell people to go and enjoy the ghost towns. It doesn't mean to tear them apart or dig in and around them. People should visit them and enjoy them. Few Gtowns in Arizona stand due to years ago, the owners set them ablaze so they wouldn't have to pay taxes on them. What we need here is a map of where we can prospect and metal detect. I think people are afraid to let others know where it is legal to prospect. Everyone's afraid someone else will find what they are looking for. If it wasn't for the average Joes looking around at his surroundings, many historical finds would never have been found.

 

[pippinwhitepaws]

Mesa Verde


yep...AMATURES found mesa verde, looted mesa verde, now, what is left, is held by the us government, and people complain they cant go dig up what is left.
the old ones just walked off and left everything...stolen, sold, now in homes across the globe, but few know where the artifact they hide in the bedroom came from.

yep...amateur

 

[pippinwhitepaws]

every one of these ruins was looted by amateurs seeking relics.

Canyon de Chelly, A Photo Gallery

 

[pippinwhitepaws]

MDHTALK - Arizona Metal Detecting Law & Regulations

since ya dug out this antique thread...

 

[pippinwhitepaws]

Agency: Bureau of Reclamation
Website: http://www.gpo.gov/fdsys/pkg/CFR-2008-title43-vol1/pdf/CFR-2008-title43-vol1-sec423-27.pdf
Law: Section 423.29 Natural and Cultural Resources
(f) You must not possess a metal detector or other geophysical discovery device, or use a metal detector or other geophysical discovery techniques to locate or recover subsurface objects or features, except:
(1) When transporting, but not using a metal detector or other geophysical discovery device in a vehicle on a public road as allowed under applicable Federal, state and local law, or:
(2) As allowed by permit issued pursuantto subpart D of this 423.

 

[pippinwhitepaws]

Agency: Army Corps of Engineers
Website: eCFR ? Code of Federal Regulations
Law: Title 36: Parks, Forests, and Public Property

CHAPTER III--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY Webpage

§ 327.14 Public property.
(a) Destruction, injury, defacement, removal or any alteration of public property including, but not limited to, developed facilities, natural formations, mineral deposits, historical and archaeological features, paleontological resources, boundary monumentation or markers and vegetative growth, is prohibited except when in accordance with written permission of the District Commander.
(b) Cutting or gathering of trees or parts of trees and/or the removal of wood from project lands is prohibited without written permission of the District Commander.
(c) Gathering of dead wood on the ground for use in designated recreation areas as firewood is permitted, unless prohibited and posted by the District Commander.
(d) The use of metal detectors is permitted on designated beaches or other previously disturbed areas unless prohibited by the District Commander for reasons of protection of archaeological, historical or paleontological resources. Specific information regarding metal detector policy and designated use areas is available at the Manager's Office. Items found must be handled in accordance with §§ 327.15 and 327.16 except for non-identifiable items such as coins of value less than $25.

 

[pippinwhitepaws]

Agency: Bureau of Land Management
Website: Metal Detecting, Bureau of Land Management, California
Law: Metal detecting is a recreational activity that people do to find coins, jewelry, and precious metals. Metal detecting is allowed on BLM lands as long as no artifacts are removed. Artifacts should be left alone and reported to the appropriate Field Office. Avoid all cultural and archeological sites. The Metal Detecting enthusiast may remove some rocks (handful) from areas such as picnic areas, campground areas, and recreational sites. The enthusiasts may remove some rocks as long as there not being removed from another mining claim. Mining claims can be researched on the LR2000 (LR2000- BLM). Enthusiasts are only allowed to make minimal surface disturbance (i.e. removing a couple of stones for memories).

 

[pippinwhitepaws]

Agency: National Forests
Website: http://www.fs.fed.us/outernet/r9/cnnf/rec/heritage/metal_detectors.html
Law: 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 Chequamegon-Nicolet.

Metal detector use is allowed in developed campgrounds and picnic areas if they are not specifically closed to such activity. If archaeological remains are known to exist in a campground or picnic area, a closure to metal detecting would be posted. 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. I have included the legal citations below for your information.

The Forest Service has conducted numerous projects in conjuntion 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!

Here are the legal citations:
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."

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 Indianlands unless such activity is pursuant to a permit. . ."

For more information, contact Mark Bruhy, Supervisor's Office, 68 S. Stevens St., Rhinelander, WI 54501, 715-362-1361, or email [email protected].

 

[pippinwhitepaws]

Agency: National Parks, Monuments, Seashores, Forests, and Public Property
Website:
Law: Title 36 Parks, Forests, and Public Property Website

PART 2—RESOURCE PROTECTION, PUBLIC USE AND RECREATION
§ 2.1 Preservation of natural, cultural and archeological resources. Website Section

(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
(iii) Nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(3) Tossing, throwing or rolling rocks or other items inside caves or caverns, into valleys, canyons, or caverns, down hillsides or mountainsides, or into thermal features.
(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the superintendent.
(6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or subbottom profiler.

This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use while in park areas.
(ii) Electronic equipment used primarily for the navigation and safe operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom profilers used for authorized scientific, mining, or administrative activities.

 

[pippinwhitepaws]

Agency: USC : Title 16 - Conservation
16 USC Chapter 1B - Archaeology Resources Protection
Website: 16 U.S. Code Chapter 1B - ARCHAEOLOGICAL RESOURCES PROTECTION | LII / Legal Information Institute
Law: 16 USC § 470ee - Prohibited acts and criminal penalties website

(a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources. No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
(b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of—
(1)the prohibition contained in subsection (a) of this section, or
(2)any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
(c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law. No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.

 

[JeromeAz]

a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources. No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.

Sounds like a bunch of crap to me. Don't get me wrong, I believe no one should dig up anything to do with the Indians whether its on Indian land or not.

What are these laws for? To protect the artifacts? Maybe, but I'd say its more for money. Its not illegal to dig up Indian artifacts as long as you have the permit mentioned above. So who's got money for one of these permits? I don't, nor does anyone else I know. Who does? The big corporations, universities, museums. One good example is Rosemont Copper. Once they get the permits, which I'm sure they will, they will be digging up Indian artifacts, not to preserve them but to dump them over the side of the tailing piles. Why? Because they have the money to. They are letting the Indians in to dig up the bodies but that's it. There's also endangered plants, animals, reptiles, amphibians and the list goes on. They're lowering the water table, cutting off water to riparian areas, using CAP water.

These laws are suppose to protect these things! You can't do this, you can't do that. Why? Because it's illegal but if you get a permit you can do whatever you want. Money talks. So pretty much these laws are worthless!

Greed rules the world!

Another example, Christmas, Az. Use to be Indian land till minerals were found there then the boundaries were moved and the land was taken from the Indians. Why? Money. Greed.

Same thing happened to the Utes in Utah.

And it happens again and again.

Greed!

That's my 2¢.

 

[jaws]

Ummm,
****.

 

[lileah76]

So I just bought my first Metal Detector here in Arizona and from what I understand, I am not allowed to metal detect anywhere in Arizona or it will be breaking the law? Please help....as I am a Newbie.

 

[JeromeAz]

So I just bought my first Metal Detector here in Arizona and from what I understand, I am not allowed to metal detect anywhere in Arizona or it will be breaking the law? Please help....as I am a Newbie.

Not true. You can detect in Az. You can go online and read all the pages and pages of laws or you can talk to or join one of the prospecting clubs. They can help you with where to go and where not to go. Don't know where in Az your at otherwise I could give you a club name in your area. You can find the list of clubs online.

 

[AbTexEx]

So I just bought my first Metal Detector here in Arizona and from what I understand, I am not allowed to metal detect anywhere in Arizona or it will be breaking the law? Please help....as I am a Newbie.

Welcome to TreasureNet. Little info to get you started. Lynx Lake


AJones

 

[roadrunner]

So I just bought my first Metal Detector here in Arizona and from what I understand, I am not allowed to metal detect anywhere in Arizona or it will be breaking the law? Please help....as I am a Newbie.

You can detect all over Az. I know you can not detect on state trust land.
You can detect in National forests but look at the regs of the forest and see what you can, can not do, and what can be picked up,ect.
You can detect in parks unless posted that I know of.
Check city rules or laws. What I do is go to the citys website and put in metal detecting and see what is written on the books, not what people say.
You can detect and prospect on blm lands. Just have to ask people or look it up before you go to that area.
Also need to make sure you are not on some ones claim.

 

[JeromeAz]

You can detect all over Az. I know you can not detect on state trust land.
You can detect in National forests but look at the regs of the forest and see what you can, can not do, and what can be picked up,ect.
You can detect in parks unless posted that I know of.
Check city rules or laws. What I do is go to the citys website and put in metal detecting and see what is written on the books, not what people say.
You can detect and prospect on blm lands. Just have to ask people or look it up before you go to that area.
Also need to make sure you are not on some ones claim.

Roadrunner,

True but I would think the clubs would know where you can go and where you can't. At least I would hope so.

Lileah76,

The link Ab TexEx gave to Lynx Lake is a good one because it gives you the rules for metal detecting for the national forest.

Now you just need to check the rules for the BLM and whatever city you want to detect.

I would definitely stay away from:

State Land

Indian Land

Military Bases, including ranges and auxiliary air fields

Cemeteries

Mining Claims

Private Property unless you get permission.

Federal Parks

State Parks: I've heard you could here but I would definitely check into it first.


That's all I can think of at the moment.

You've Forest Land, BLM Land and City Land, everything else is private property.

If I'm wrong on any of these or someone has something to add please comment.

 

[JeromeAz]

One more I forgot would be Wilderness Areas like the Superstition Mountains which are off limits to any kind of prospecting.

 

[roadrunner]

Jerome sure they would some times.
But 1-2 I asked said they only know the ones we know already, and only if they metal detect them selves.
They know what can be done on their individual claims, yes.
A club would be a great place to start as i am going to join the gpaa next time I get a little money.