AMDA Home

American Metal Detecing Association Online

 

Home About AMDA Hunt &Events –.Membership Information-AMDA Programs-Links
AMDA News & AlertsNews FlashAMDA'sHunt RulesAMDA's Code of Conduct - Contact AMDA Photo Album

Need federal & state cite for the 50 year ruling on artifacts!

 

Dear Ms. Garrett,
Thank you for contacting us for clarification on my response. Because use of metal detectors is generally allowed on BLM lands, I was trying to tailor my response to this area around Palm Springs where we have many more sensitive resources and confusing ownership patterns, than say, in Nevada. You are correct about the reference to ARPA only applying to items over 100 years old. However, given the resources around Palm Springs, I did not want to give out information that may result in metal detecting in the wrong areas. Here we have a checkerboard pattern of public lands, with many more restrictions than most BLM areas. For example, much of the BLM managed public land in the Coachella Valley and surrounding mountain areas are part of the Santa Rosa and San Jacinto Mountains National Monument. Adjacent to these lands are Joshua Tree National Park, the Coachella Valley Preserve, and Anza-Borrego Desert State Park. Also many areas that are presumed to be public lands are part of one of the many local Indian Reservations. Collecting of any artifacts is prohibited in the above areas.

Most of the BLM lands in Southern California are part of the California Desert Conservation Area (CDCA). While much of the CDCA is open to use of metal detectors, many of the areas that may be attractive to history buffs are also "historic properties" and may have overlying protective measures. For example, much of the BLM managed desert land in Riverside County is part of the World War II era Desert Training Center and removal of artifacts, though less than 100 years old, is prohibited. That said, that only leaves the scattered parcels of public land in the middle of the Coachella Valley (and outside the Coachella Valley Preserve) as generally open to use of metal detectors. Before scouting these lands, one should be sure to acquire one of our maps and make sure of the ownership. These scattered parcels are unfortunately often used for dumping and target shooting, so they would not be very attractive for metal detecting (or maybe very attractive!).

I am also forwarding your message to our archaeologist, Wanda Raschkow. She has the latest information on rules and regulations for cultural resources on public lands. You may also want to look at the following website, which has information on our cultural resources program: http://www.blm.gov/heritage/use_pdf_manu.htm

I would emphasize that each BLM office will have different resources and information on where and where not to use metal detectors. Our response will not be the same as another office in a different area.

Thank you for your interest in the public lands and please contact us if you have additional questions.

Greg Hill
Planning & NEPA Coordinator
BLM Palm Springs-South Coast Field Office
(760) 251-4840

 

 

--

Hi Greg: You don't know me, but I am the person whom Brian Coppinger of the UK asked for assistance in where he could lawfully use a metal detector in the Palm Springs, California and Las Vegas areas. I have copied below both his request for information to you and your response, which we in the hobby appreciate very much.

Many of us are familiar with the 100 year old ruling under federal ARPA guidelines, however, we need the reference cite where I can download the 50 year old rule to hand out to our members. Has the 50 year ruling been tried in a court of law?

While I respect your opinion and position with the State of California's BLM agency governing our public lands, there is a far difference of opinion by many in what is historical versus significant, rare or both in this country. Perhaps you are unaware of the British Treasure Act of 1996? Being a member of the National Council of Metal Detectors in England for the past 8 years while a member of Discovery Tours International, we find their laws far more lenient in that artifacts in their country found by a detectorist are not recorded generally unless over 300 years old! Except for Indian artifacts which generally are not made of metal, we do not have many artifacts in this country that old, unless brought in from another country. My question to you -- why the difference in opinions, do you think?

Our director for Discovery Tours International -- Jimmy Sierra Normandi with his son recently gave a seminar before state archaeologists in Sacramento, California on the subject of metal detecting. Perhaps you were lucky to attend, as I heard that several who attended were very enlightened on the British processes to recover, record, and enforce Export Licensing laws in protecting and preserving their heritage. So when a visitor from England to our country requests information on our laws governing the hobby here, we try to make them feel welcomed here to detect within laws that would make logical sense to them. Therefore, I need further clarification on the 50 year rule and hope you can help me.

Thank you for your assistance,

Carolyn Garrett
Chairperson, American Metal Detecting Association


4/6/2006:

Dear Mr. Coppinger,
Thank you for your inquiry about using metal detectors on public lands. Here in Southern California we have over 10 million acres of public (federal) lands, and the rules for using metal detectors vary by which agency manages the public lands. It is important to note we have several categories of public lands, all of which are represented in the Coachella Valley and Mojave Desert. National Forests are managed by the US Forest Service. Here we have the San Bernardino National Forest, and near Las Vegas, the Humboldt-Toyaibe National Forest. There are National Parks, managed by the National Park Service (NPS). The NPS manages Joshua Tree National Park near Palm Springs, the Mojave National Preserve between here and Las Vegas, and the Lake Mead National Recreation Area near Las Vegas. Generally surrounding all these Forests, Preserves, and Parks are public lands managed by the Bureau of Land Management (BLM). Finally there are National Wildlife Refuges, managed by the US Fish and Wildlife Service. There are several National Wildlife Refuges near Palm Springs and Las Vegas. Finally, there are nonfederal State Parks, such as the Anza-Borrego Desert State Park south of Palm Springs. Interspersed among all these federal and state lands are private lands.

Metal detectors are sometimes used to look for historic artifacts. Historic artifacts are protected on all federal and state lands. Metal detectors are strictly prohibited in all National Parks (and all areas managed by the NPS), National Wildlife Refuges, and State Parks. Metal detectors may be used on public lands managed by the US Forest Service and the BLM, but may not be used in or around historic sites, archaeological sites, or other areas as posted, or to look for historic artifacts. Typically, public use of metal detectors is ok in campgrounds and picnic areas to look for lost coins, jewelry, or other recent items. But you must remember, all items over 50 years old are protected under federal (and state) law and cannot be removed from their original sites. There are many Treasure Magazines and books that fail to mention that taking artifacts from public lands is against the law (and has been for nearly 100 years). Most people enjoy using metal detectors at public beaches where they can find lots of recently lost coins.

Metal detectors can also be used to search for natural minerals, gold, etc., but that is pretty difficult. Anywhere that gold was found, and mined, is generally private land which was claimed by miners from the government years ago. Most of the gold mining sites around Julian are all on private land. There have been extreme cases of the land owners shooting at visitors that looked as though they were "prospecting" on their property. Finding new gold deposits on public land is very rare. If you are lucky enough to find a new gold mine on public land (except in National Parks, wilderness, refuges, etc.) there is a process to file a claim. You can get more information on mining claims at any BLM office, or request the information in the mail. There are some BLM areas that have public gold panning sites, where you could still find gold, but cannot stake a claim, allowing the public to have a recreational gold mining experience. I believe the BLM Yuma, Arizona office and the BLM Folsom, California office have such areas. You can check their websites, or other BLM offices by going to the national BLM website and using the links to local offices, www.blm.gov

I hope that answers some of your questions. Please give us a call for more information.

Greg Hill
Planning & NEPA Coordinator
BLM Palm Springs-South Coast Field Office
(760) 251-4840

--

Hi greg, i have visted palm springs twice in the last 5 years. i intend coming again in september, but would like to bring my metal detector. here in england all land is owned by somebody, meaning permission is required to detect. Please can you advise me if there would be any land that i could detect on in palm springs area, from springs i will be driving to las vegas for a week.

before i arrive in palm springs i will be in san diego for 4 days, i wonder if there are any gold nuggets left in Julian ?

i look forward to hearing from you

kind regards

brian coppinger
stockport
UK


Copyright © 2002 All Rights Reserved
American Metal Detecting
Association