what would you do

[dredgernaut]

so if a guy located some stuff . what should he do to protect his interests, his safety, the site, and history. if one goes to the authorities the red tape will most likely consume it all, and push the discoverer out . if one goes public a frenzy will follow, creating issues of all sorts. if a person tries to market located items of monetary and historical value, the bees nest will be disturbed. how does one proceed. sorry to be short . not saying that I found anything. thanks for all the humorous remarks in advance.

 

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[Professor of Engineering]

IMHO: If the finds were found legally, preserved and documented, then you probably will be fine. Oh by the way, just keep quite about the finds and enjoy the experience.

 

[releventchair]

so if a guy located some stuff . what should he do to protect his interests, his safety, the site, and history. if one goes to the authorities the red tape will most likely consume it all, and push the discoverer out . if one goes public a frenzy will follow, creating issues of all sorts. if a person tries to market located items of monetary and historical value, the bees nest will be disturbed. how does one proceed. sorry to be short . not saying that I found anything. thanks for all the humorous remarks in advance.

I think you answered your questions quite well.

 

[dredgernaut]

thanks but how to convert to money legally , plus in all rights. state archeology should know . its old but not native American. plus I think there could be monetary value in the story of the finds , on top of the finds.

 

[smokeythecat]

That's an open ended question. If it's on you property, go for it. If it's on another person's private property, you need their permission to call it, for clarity, prospect. If it's state lands, you need to find out the rules for that state. If on Federal lands, you also need to check that out, like with BLM. If on a national park. Don't even try it unless you really want to go to jail.

If you go outside of this box it's called trespass and stealing.

 

[dredgernaut]

yep , I understand all that and more. I have not removed anything at this point knowing the potential outcomes. where it is , seems as safe as anywhere at the moment. but I do not want to disclose location to anyone until I can guarantee my interests are protected. it is state land. open to public. I would not be looking for advice if it was rational or possible to just handle discretely. its a catch 22 . I can not sleep

 

[smokeythecat]

Check out your state laws. Where I am it is prohibited from taking anything over 50 years old off state property.

 

[dredgernaut]

I sent a real general email to state archeologist with brief summary. I am awaiting their reply. but its sunday , and there seems to be a government shutdown , they might not even reply.

 

[smokeythecat]

I wouldn't bother with an archaeologist under any circumstances, from past experience, they come in, claim everything for themselves, and won't even return your phone calls. If someone calls back ask something banal like is it ok to magnet fish for old metals or some such thing.

The laws should be available now on the internet. You'll get your answers there quickly.

 

[smokeythecat]

Copy: Paste: Here it is: It applies to DNR Lands in Wisconsin:

Using metal detectors on DNR lands
Metal detectors may be used on DNR lands or waters only for locating specific lost personal items. A special permit is required.

Conditions of permit
A property office may issue a metal detector permit only to a specific person or designee for the recovery of one or more specific lost personal items, which must be described in the permit application. The permit specifies a limited search area within a DNR-managed property and a specific time between May 1 and October 15 when the detector may be used.

Any proposed metal detecting within recorded archaeological sites requires review and approval by the DNR archaeologist (metal detecting is generally not permitted within reported burial areas, in any case).

Found items
Any recovered item(s) must be presented and reported to the property office for comparison with the permitted recovery. The property office will keep all recovered items not belonging to the permittee.

Archaeological materials (50 years old and older) may not be removed from their locations.

 

[smokeythecat]

This is why I only dig private land and a couple public beaches that allow it.

And the rest:

(§23.095)(1m) Prohibits a person from damaging or attempting to damage natural resources or archeological features located on state-owned lands under the supervision, management or control of the Department of Natural Resources except as authorized by the department, excluding state-owned lands that are beds of navigable waters. (2m) Prohibits a person from damaging any natural resource or archeological feature located in the Kickapoo Valley Reserve. (3)(b) Declares that any person who damages or attempts to damage an archeological feature under (1m) or (2m) shall forfeit not more than $200. (3)(c) Declares that a person who violates (1m) or (2m) and the violation involves damaging or attempting to damage a natural resource and the violation occurs on land in a state natural area, as defined in s. 23.27(1)(h), shall forfeit not more than $2,000. (3)(d)(1) Declares that a person who violates (1m) or (2m) and the violation involves damaging or attempting to damage an archeological feature shall forfeit not less than $100 nor more than $10,000. (3)(d)(2) Declares that a person who violates (1m) or (2m) and the violation involves intentionally damaging or intentionally attempting to damage an archeological feature shall be fined not more than $10,000 or imprisoned for not more than 9 months or both. (3)(d)(3) Declares that a person who violates (2m) and the violation involves intentionally damaging or attempting to damage an archeological feature in the pursuit of commercial gain shall, in addition to the penalty imposed under (3)(d)(2), be fined an amount two times the gross value gained or the gross loss caused by the violation, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred. (4)(b) Exempts any person who damages a natural resource or an archeological feature by the discharge of a hazardous substance from responsibility under this section unless the damage was caused by intent. Allows the court to order the restoration of the archeological feature. (§23.79)(3) Enables the court to order restoration of an archeological feature subject to the prohibition under §23.095(1m).



Code Book: Wisconsin Statutes Citation: § 29.921, § 29.927, § 29.931 Section Title: Department of Natural Resources--enforcement regarding archeology: arrests and warrants; public nuisances; seizures

Summary:

(§29.921)(2) Enables the Department of Natural Resources and its wardens to serve warrants and processes or to arrest any person, with or without a warrant, for violation or suspected violation of §44.47 (archeological investigation on land owned by the state or a political subdivision without a permit issued by the State Historical Society) occurring on the bed of any stream or lake. Enables any warden to stop and board any boat, automobile, snowmobile or other vehicle if the warden suspects that there is a violation of §44.47. (§29.927)(11) Declares to be a public nuisance any vehicle, remote sensing equipment, navigational device, survey equipment, scuba gear or other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of §44.47. (§29.931)(2)(a) Directs the Department of Natural Resources and its wardens to seize and hold subject to the order of the county court any apparatus, appliance, equipment, vehicle or device that has been declared by §29.03 to be a public nuisance which is being used in he commission of a crime relating to a submerged cultural resource in violation of §44.47. Enables the court to order confiscation of such public nuisance if it is proved that it was used in the commission of a crime relating to a submerged cultural resource within the previous six months.

In addition to the above ARPA law, if you are metal detecting in Wisconsin, Wisconsin also has a law that deals with the Department of Natural Resources.

Metal detector use is permitted only: · on unturfed areas or · on beaches or · on unturfed shoreline below the ordinary high water level or · when locating a specific item lost by a property user or · when specifically authorized by the State Archaeologist on a planned project.

 

[smokeythecat]

This is why I only dig private land and a couple public beaches that allow it.

(Stupid computer double posted it.)

 

[Kace]

thanks but how to convert to money legally , plus in all rights. state archeology should know . its old but not native American. plus I think there could be monetary value in the story of the finds , on top of the finds.

I'm just going to ask and say everything thing here on one post because I do not know how to quote other posts and put them into one reply! lol! (If someone could explain how to do that... that would be great!)

Do you mean like a book or movie?

What makes you think an archeologist should be involved?

What are you thinking about how to convert in the best way ....Relics, Gold Coin/Bar, Silver Coin/Bar?

Kace

 

[Professor of Engineering]

Smokeythecat is correct; State Land changes the game.

 

[smokeythecat]

To me it's just plain not worth it! I also pay all my taxes on time every year without fail, and I do not have to look over my shoulder.

 

[dredgernaut]

in some way i think it may deserve public attention. if that pays or not i don't know. there are stories that could connect if a fellow wanted them too. i don't know all the details . im not a treasure hunter per say. im a gold prospector doing some research that stumbled onto something . i don't know the story behind it for sure . just know that i need an educated next step. not in Wisconsin though. that's where i reside permanent. i get out and about pretty good

 

[smokeythecat]

The next step, assuming you know the general nature of what you're looking for is to check THAT state's laws.

 

[dredgernaut]

im trying to comprehend some of their wording, its tricky the way they write it for sure.

 

[Grizz12]

Find a good attorney (it hurts to say that!!) and "good" is relative, especially in an area where no real money is to be made.

I would take notes and document everything you've done for future reference and CYA reasons. If you need to give your info over to the state at least you will have your facts straight. And although you may not make money in this situation, it will most likely open doors you did not know existed which could lead to better opportunities

 

[Red James Cash]

Now wouldn't of been easier to do your thing and keep quiet.LOL