World's Biggest (Illegal) Artifact/Easter Egg Hunt

[Shannon Graham]

Does anyone have a link to the recent legislation referenced in this article? By the way, this is a pretty fair and balanced article in terms of reporting on artifact finds.

"The 1979 federal law specifically exempted arrowheads found on the surface from fines, but federal land managers including Wheeler's say subsequent regulations have essentially banned all artifact collecting on federal land - arrowheads included."

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Arrowhead hunters ready for 'world's biggest (illegal) Easter egg hunt' on federal lands

HUNTSVILLE, AL - The artifact collectors are watching.

They're checking TVA's website this week when the federal agency begins lowering water levels in the Tennessee River system to make room in lakes and reservoirs for winter's rainfall.

The collectors know the magic number - the magic water level - that will expose summer-flooded mud flats to sunlight and, later, hiking boots. Some of these mud flats, such as the Quad Site near Decatur, are famous.

When the water goes down, "the world's largest Easter egg hunt" begins, in the words of Wheeler National Wildlife Refuge reserve officer Jason Vehrs.

Artifact hunting is legal on private land, if you have the owner's permission, but since 1979 it has been against federal law to remove anything more than 100 years old from federal land.

That includes 11,000 miles of public shoreline controlled by the Tennessee Valley Authority, and it includes 20 miles of Tennessee River shoreline in the Wheeler refuge.

It's worth reading the rest of the article found here.

[ghost recon]

Thanks for the link...I'm sure it's a big moneymaker for them and all but aren't there more important and pressing issues for them to deal with?

[Mojave]

The 1979 ARPA legislation "banned" surface collecting. We've been through that ad nauseum. It is illegal but there is no penalty.
I know of no other legislation. There have been a few court rulings against surface collectors. The lawyers/courts have used other laws to get folks. Laws that govern theft of gov't property and unauthorized interstate transport of gov't property etc. If they want to get you they will get you.

[DesertWalker]

Sounds like fun! They know what's going on and know they can't police it all. So, they are using the media to try to scare people away. Has anyone on this forum ever been arrested for surface collecting of points?

[mootsman]

Originally Posted by Mojave

The 1979 ARPA legislation "banned" surface collecting. We've been through that ad nauseum. It is illegal but there is no penalty.
I know of no other legislation. There have been a few court rulings against surface collectors. The lawyers/courts have used other laws to get folks. Laws that govern theft of gov't property and unauthorized interstate transport of gov't property etc. If they want to get you they will get you.

If you peruse the gov's National Forests sites you will find reference to rules prohibiting surface hunting and mentioning that it trumps the 1979 legislation. Here is a typical actual quote from a NF site:

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FREQUENTLY ASKED QUESTIONS
Isn’t it OK under ARPA to collect artifacts on the surface?

No. This is a frequent misconception about ARPA. Arpa has a clause that excludes surface collection of arrowheads from criminal penalties. However, ARPA does include surface collecting under prohibited acts. What this means is, it is illegal to collect arrowheads from the surface, but one cannot be fined under the criminal penalites in ARPA. There are a couple things to remember:

1. Collecting arrowheads from the surface is included under the prohibited acts listed under ARPA Section 6, Subsections a, b, and c.

2. Arrowheads collected from the surface are still subject to forfeiture under ARPA.

•Only arrowheads, no other artifacts meeting ARPA's definition found on the surface are exempt from the criminal penalties.
•Citations for surface collecting are issued uner CFR 261.9, rather than ARPA. Title 36 of the Code of Federal Regulations Chapter 261.9, Section (h) prohibits removal of any archaeological artifact from federal lands. This violation is subject to a fine of not more than $500 or imprisonment of not more than 6 months or both.
This is admittedly a confusing aspect of ARPA. However, the answer is no, ARPA does not have a clause excluding surface collecting from illegal acts, but it does exclude arrowheads collected from the surface from criminal penalties.

Is the federal government actively seeking surface collectors?

No. While surface collecting is illegal and does have a serious cumulative effect on the resource, it is not the emphasis of our law enforcement efforts. Commercial collecting is. However, if surface collectors are encountered in the field, the laws will be brought to their attention and appropriate action would be taken.
Will the Federal Government confiscate existing private collections?

Not generally. Collections obtained prior to the passage of the 1979 ARPA are not subject to that law. In addition, there is little we can do about the damage already done. The intent is to stop the on-going drain of this non-renewable resource.

The Archaeological Resource Protection Act was passed in 1979 because federal agencies and archaeologists realized we were losing a non-renewable resource at a rapid rate to vandalism and theft. The process was much the same as protection of endangered species or water quality. We didn't realize the effect of our actions until those effects were drastic. Likewise, we didn't realize the effect of theft of artifacts until the resource was seriously depleted. The fact that this resource does not grow back only adds urgency to the law. The point is, we can't do anything about what's already gone, but we can attempt to stop the drain. The Forest Service is not going to confiscate collections, but we are going to enforce the laws today to protect the resource from this point in time.
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[jcinpc]

same thing happened here in Florida a few years ago when Lake Okeechobee was going dry. Burials were popping up everywhere along the shorelines. Alot of our burial herein the state from the archaic period were in the water, they werebundled up and staked underwater. They had all sorts of threats through the news. Some friends of mine did go down there and did find some things washed out but they had ALOT of people in airboats patrolling that huge lake.

[Bobby]

Looks to me like they are doing advertising for the local motels,stores and eatin joints not to mention the crowd they will get at the park.
Issue a few citations so it all looks legit and the town makes out like a bandit.
I have never heard anything about this place before but now I know because of this article that they put out.

[Kenny Holt]

My question is, what is our federal Gov or the Archies going to do with this "RESOURCE" Our Gov destroyed more of this resource than collectors/hunters ever could by damming up the rivers and empounding lakes, not to mention the adverse effects all this has on the eco-system. I understand the need for water. Would they rather this resource erode out and get silted into the bottom of the lakes never to see the light of day. Also, can this resource (Arrowheads/Stone tools) ever be depleted? I bet they would care less if there was no monutary value put on this resource. Our Gov or the Archies are doing very little to salvage or study much of this resource from what I can see.

[Flintflicker]

I Read this Article in the local paper,i occasiaonally walk the Tennessee River sand bars in the winter time when the water level is low,and i have walked feilds and the river bank at wheeler refuge,along with many other people that were there,and have never had any problems with the law,the TVA police ride by in thier boats while walking the sand bars and they throw up there hand and wave at you and keep going,i see nothing wrong with walking the banks,but i do see the problem with digging,i find several places where someone has dug out the bank with a shovel,its erroding out the bank pretty bad in those places,but personally these 60 foot yachts that cruise by do a whole lot more damage to the bank than the diggers,these things just demolish the bank when they go by.you should be able to walk the sand bars and find whatever is laying on top,and let the river take what it wants,we need to cherish what we do find and educate the youth of americas history,and the Native Americans that occupied our communitys,because nobody learns anything by letting our history just lay there and dissapear in the depths of the river. just my 2 cents worth

[astroud]

ARPA is not the only law. Other laws include:

Title 43 Code of Federal Regulations 8365.1-5(a)(1)

Title 18 of the United States Criminal Code Part 1312

36 C.F.R. 261.9 (h)

These laws include the collection of arrowheads on public land.