Laws.html

This section is not the letter of the Law, Merely a Brief

Reference. Actual laws vary Widely,

Federal, State, County and City.

And all are open to Interpretation of The Authorities.

In any event it's your Responsibility to Check with the Local

and or State Authority if you have Specific Questions.

IGNORANCE of The LAW is no EXCUSE!!!!!

Just for a moment lets just say you are on the beach at a State Park and you find an arrowhead just laying there on the ground, Most people wouldn't think twice about picking it up and taking it home. Well You Could Be Fined and or Jailed for such a seemingly harmless, innocent and in my mind logical action, OH YES! Many Collectors have found themselves in trouble with the law for a similar offence. The Feds and other authorities have come down hard on some well known collectors with only minimal evidence and confiscated entire collections. I know of one highly publicized case of Art Gerber a Very Well known and Respected Amateur Archaeologist / Collector who was put through Hell for years and He Thought He HAD PERMISSION!

Do a Google Search "GE MOUND and ART GERBER". The Charges and Treatment Were a Disgrace He Was Trying to Preserve Artifacts That Were Otherwise Being Destroyed, Just Shameful!!

This is a Survey Conducted and compiled by The A.S.A.A

The AMERICAN SOCIETY for AMATEUR ARCHAEOLOGISTS.

Copied from The journal of The Amateur Archeologist Vol. 1 (1) 1994.

Reprinted in complete Original Form

with the Gracious Permission of the ASAA, and The Organizer

Dr. Richard Michael Gramly.

Although this Survey was Conducted in 1994, IM Sure Many Answers

are still Valid, But Many New Laws Have Been Passed.

You can Scroll down the Page for the Whole Story or Hit desired Link for Short-Cut,

its well worth reading! The Questions Direct,

Answers are Compiled in a Easy to understand Map Form

Read The Letter, CLICK HERE!

Read about Survey, CLICK HERE!

GO to the Actual Questionnaire, CLICK HERE!

GO to The Maps For the Questions & Answers, CLICK HERE!

II. Survey of state Historic Preservation Officers

Each of 50 states and twelve outlying territories over which the United States exercises sovereignty has an historic preservation officer and sometimes a deputy. These appointed positions were mandated by the national Historic Preservation Act 1966, and the officers were charged with implementing federal law and administering state regulations.

Archeological sites, of historic and prehistoric, fall under the purview of Historic Preservation Officers and their underlings. Scientists, Archaeologists-for-hire, and amateurs who are intent on investigating sites under the control of states must consult state Historic Preservation Officers at some point.

Traditionally, it was necessary to consult only when an archeological site on state lands and waterways were affected or when public money was being spent on a project. Some states have brought this requirement to situations whenever public interest is at stake. Thus to excavated a human burial on state or privately owned land is considered a matter of public (societies) concern by some Historic Preservation Officers, meaning that permission must be obtained.

Despite the fact that Historic Preservation Officers have banded together in a National Council of State Historic Preservation Officers with an office in Washington, D.C., states and territories tend to go in different directions. Some states have cast their regulatory net widely have caught nearly all their citizens within it; others have kept their involvement in private property and lives to a minimum. Some Historic Preservation Officers have worked hand-in-glove with the Federal Government and have become mere rubber stamps for repressive federal policies; others what little to do with national agencies and their operatives. Personal attitudes of Preservation Officers may profoundly affect a state's policy.

To ease the bewildered minds of amateur archeologists who are confronted with laws and regulations that vary among the states and territories, I have prepared overviews of several commonly asked questions. Their responsibilities are terribly important in light of the new, stringent application of the Archeological Resources Protection Act. If you break a law in one state and transport archaeological material to another state, your offense is compounded under ARPA. A simple misdemeanor could escalate into a felony in the eyes of the Federal Government. Clearly, every amateur archaeologist should be aware of the regulations and laws in the state where he or she is excavating and collecting.

This compilation, presented in map form in the pages that follow, is a first for a scholarly publication intended for amateur archaeologists. A similar scheme was published in the U.S. Department of the Interior’s (National Park Service) Technical Brief No. 11 for 1991, but it is now woefully out-of-date. Keeping pace with shifting laws is a mean challenge, especially when some Historic Preservation Officers prove uncooperative and slow to respond. In this survey, begun on February 15, 1994, 27 of the 50 States responded to the first call. Thirteen more heeded a second call, which was mailed on April 25, 1994. A third round of questionnaires was sent by certified mail to the 10 hold-outs on July 16, 1994: six of them replied with completed questionnaires. The last four States were written a fourth time on ASAA stationary during September 1994. These letters were individually composed and “politically tailored” to the State in question. Finally, on October1, 1994, the last State returned its completed questionnaire. It was the land of Lincoln, the State of Illinois, who so reluctantly helped the ASAA complete its survey.

It is important that Government respond to any reasonable request of a citizen or any organization writing on behalf of citizens.

It is the Organizer’s intention to repeat this survey at regular intervals – perhaps every 3 years. Use the results presented here; do not trust hearsay and rumor. Negligence on your part may cost dearly, as so many amateur archaeologists and collectors have discovered to their dismay.

Richard Michael Gramly, Ph.D.

QUESTIONNAIRE ABOUT STATE AND TERRITORIAL LAWS

AFFECTING ARCHAEOLOGY

Click on Question for the Answer

Please circle “yes” or “no” for each question that applies to you and fill in your name and address. Please mail the completed form to the address below and Please email a copy to my address. Thank you for taking the time to educate the membership of the ASAA and All other Collectors.

I. Does your state/territory have a law that applies to exhuming

Human burials? YES NO

If you have answered “yes”:

Is a distinction made between marked and unmarked graves? YES NO

Is a distinction made between Human burials on private vs. public land? YES NO

If a Human burial and associated artifacts are found on private land,

does the property owner retain title to the artifacts? YES NO

II. Does your state / territory require a permit before archaeological

investigations of buried remains are conducted? YES NO

Does this permit also apply to private land? YES NO

Does your state / territory require a permit before artifacts are collected

from the surface of the ground? YES NO