[size][color:#990000]Here it is in black & white:[/color][/size]
Archaeological Resources Protection Act of 1979
(3) The term �
public lands� means�
(A) lands which are owned and administered by the
United States as part of�
(i) the national park system,
(ii) the national wildlife refuge system, or
(iii) the national forest system; and
(B) all other lands the fee title to which is held by the
United States, other than lands on the Outer Continental
Shelf
Section 6
(a) 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 4 of this Act
(b) 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 n of Federal law.
(c) No person may sell, purchase, exchange, transport,
receive, or offer to sell, purchase, or exchange, in interstate
of 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.
(d) Any person who knowingly violates, or counsels, procures,
solicits, or employs any other person to violate, any
prohibition contained in subsection (a), (b), or (c) of this
section shall, upon conviction, be fined not more than
$10,000 or imprisoned not more than one year, or both:
Provided, however, That if the commercial or archaeological
value of the archaeological resources involved and the
cost of restoration and repair of such resources exceeds
the sum of $500, such person shall be fined not more than
$20,000 or imprisoned not more than two years, or both. In
the case of a second or subsequent such violation upon conviction
such person shall be fined not more than $100,000,
or imprisoned not more than five years, or both.
16 U.S.C. 470ee(e),
Effective date
(e) The prohibitions contained in this section shall take
effect on October 31, 1979 [the date of the enactment of this
Act].
16 U.S.C. 470ee(f),
Prospective application
(f) Nothing in subsection (b)(1) of this section shall be
deemed applicable to any person with respect to any
archaeological resource which was in the lawful possession
of such person prior to October 31, 1979.
16 U.S.C. 470ee(g),Removal of arrowheads located on ground surface
(g) Nothing in subsection (d) of this section shall be deemed
applicable to any person with respect to the removal of
arrowheads located on the surface of the ground.
robg606 said:
...You cannot even pick up a relic on FEDERAL land. Trust me.....I know that for that fact.
[size][color:#990000]I don't know your facts, but would like to hear them. There is no way a ticket, fine or arrest would hold up in court unless there is a new or local law I don't know about.
Again, I have heard of collectors being harassed by law enforcement who did not know of part (g) of the act.
Do you know of anyone ticketed or arrested for
picking up a arrowhead from the surface ? If so, they have a lawsuit.
The ARPA was enacted by our Government to protect our cultural resources, but in fact the Government (TVA) has done more to destroy more of our cultural resources than anyone, with the building of dams and the raising & lowering of lake levels. Picking up a arrowhead that has been exposed by erosion, floods, farming, etc. does not cause us to loose any cultural information because that arrowhead is out of context.
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