Message #223:
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 
Subject: Collecting Arrowheads of Federal Land
Date: Thu, 12 Jun 1997 10:33:23 -0700


From: Glenna Dean

I just read your forwarded message "More about looters," originally from
Deb Dosh about looting of shell middens in Alabama, and I was struck once
again by the characterization of arrowhead collecting without a permit as
legal on public land.  This is incorrect.

For the record:

	"Archaeological resource" is defined (16 USC 470bb) as including
"...weapon projectiles..."

	16 USC 470ee(a) "Prohibited acts and criminal penalties" states that "No
person may excavate, remove...or attempt to excavate, remove...any
*archaeological resource* located on public lands or Indian lands unless
such activity is pursuant to a permit issued under 470cc of this title..."
[emphasis added]

	16 USC 470ee(d) states the penalties provided for those who knowingly
violate anything in subsections *(a)*, (b), or (c) of this section. 
[emphasis added]

	16 USC 470ee(g) states that "Nothing in *subsection (d) [Penalties]* of
this section shall be deemed applicable...with respect to the removal of
arrowheads located on the surface of the ground."  [emphasis added]

In other words, even though there is no penalty for collecting arrowheads
on public land, the activity is still against the law (a permit is needed
to remove weapon projectiles/archaeological resources).  I can find no
language anywhere in ARPA that says that a permit is NOT needed to collect
arrowheads.  So it's NOT legal and OK to surface collect arrowheads on
public land.  The arrowhead collector just won't be subject to any of the
penalties provided in subsection d.  If he's picking up archaeological
resources other than arrowheads, he will.

Glenna Dean
Staff Archeologist
NM SHPO
gdean@arms.state.nm.us