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TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One)

TECHNICAL ASSISTANCE

On How to Submit State Metal Detecting Legislation

DRAFT

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 1 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Table of Contents

Page 3 Introduction

Page 3 Purpose of this Paper

Page 4 Know Your State Parks

Page 5 What are the Barriers to Metal Detecting on Public Lands?

Page 7 Who Maybe the Opposed Interested Parties or Key Players to Change?

Page 8 Establishing a Metal Detecting Legislation Association or Committee

Page 11 Preparations

Page 12 Review Current Federal and State laws

Page 13 Legislative Process Steps

Page 15 Locate and Select Legislative Sponsors

Page 16 Locate and Select a Lobbyist (yes or no)

Page 17 Exploring Metal Detecting Legislation Options

Page 24 Finally Create the Legislation Metal Detecting Act or Bill

Page 25 Support Your Bill with a Communication Campaign

Page 26 Conclusion

Page 28 Appendix A: Guide to Federal Acts

Page 30 Appendix B: 2007 – 2011 Purpose State Metal Detecting Legislation

Page 40 Appendix C: Federal Legislative Acts

Page 106 Appendix D: State Metal Detecting Law Examples

Page 114 Appendix E: U.K. Treasure Act and Support Articles

Page 130 Appendix F: Archaeology Glossary

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 2 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Introduction

Metal Detecting is becoming a recognized recreational hobby and has also contributed to learning more about our past though some very important finds. Today, there are more and more battlefield projects in the U.S. that use volunteer metal detectorist. Metal Detectorist with their expertise can be a great help in locating battlefield artifacts.

England passed a Treasure Act in 1996. Since its enactment this act has provided the legal environment for many great historical and valuable metal detecting finds. Evidence of these finds are published almost on a daily bases.

It is time in the U.S. that state metal detecting laws come under review. Some states prohibit metal detecting completely, other states set rigid limitation and a few states have no regulation or law at all just internal DNR memorandum.

So with these thoughts in mind, the following document was written. The focus is on what you need to know and what to consider if you are about to seek change or create new recreational metal detecting state law.

I would like to acknowledge and thank Terry Wright, Metal Detecting Association of Washington http://www.metaldetectwa.org for taking the time to share his knowledge about working with state legislators. Terry has been involved with state officials since 1986 concerning metal detecting law. He and a team of metal detectorist from many Washington State Metal Detecting Clubs were instrumental in getting an Act passed in 1996 which is the foundation for today’s metal detecting law in Washington State.

Purpose of This Paper

The overall objective of this document is to provide an informative framework that can be used to create, change and submit state legislation for recreational metal detecting. The sole intent is to provide aid and prepare a state metal detecting association or committee as they approach the task of getting metal detecting legislation passed.

All states have direct or indirect laws, regulations, or internal memorandum that may forbid or restrict recreational metal detecting on public lands. The goal of many of these laws is not only to limit metal detecting, but to make recreational metal detecting outright unlawful on state lands, seashores and beaches.

In this document will find one example and up to seven different legislative options that could be used to create metal detecting state legislation. The document will highlight the federal and state barriers to

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 3 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) any metal detecting legislation, list the opposed interested parties, plus provide seven appendices with reference and support materials. Finally, this document should provide a workable blueprint on how to move forward with any metal detecting legislative initiative.

Know Your State Parks A very important aspect of developing metal detecting legislation is to have a good understanding of the parks that will fall under your legislation. The association or committee taking charge of such an initiative must have first hand knowledge of their state’s parks. This means each park’s attributes should be well understood by all the members of the association or committee.

What are the Critical Attributes of a State Park?

• Parks with Archaeology Sites • Parks with Historical Places • Parks with Native American Burial Grounds • Parks with Native America Artifact Sites • Parks with Specific Geographic Sites • Parks with No Disturb Areas • Parks On Native American Owned Grounds Parks with No Archaeology, Historical & Native American Sites Parks with Designated Swimming Waters and Beaches Parks with Camping & RV Grounds Parks with Large Developed Areas (Disturbed Ground)

Note: State Parks that have a check mark are going to be the easiest to get permission for metal detecting. Parks with these attributes should not have a lot opposition from Archaeologist, Historians and Native Americans since there are no sensitive areas to these groups.

In creating or changing law you may want to try the simplest approach first – those parks that have the check marked attributes.

The above attribute list should be used to sort the state parks (by name) into the following three categories: • Parks with archaeology, historical and native American sites • Parks with geographic sites and no disturbed grounds Parks with designed swimming areas, camping & RV areas, disturbed grounds

If the parks in your state have a combination of these attributes them the parks will most likely require mapping to determine where the Archaeology,

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Historical and Native American sites are located before they can be included in any metal detecting regulation. The exception may be to just get the designed swimming locations (beach and water) open first to metal detecting and approach the remaining portion of the park in a later legislation attempt.

What are the Legislative Barriers to Metal Detecting on Public Lands? During the last century the following Federal legislation was passed with the intent to protect and preserve American’s Historical Heritage and provide protection to Native American graves & artifacts. The consequence of these Federal Acts is that many states have emulated or adopted these Acts into State Law. These acts and laws have created artificial barriers to recreational metal detecting. These are not physical barriers but are usually indirect barriers and legal against permitting recreational metal detecting on any state lands.

Just to note here : national land and national monuments are covered by federal law not state law.

Federal Legislation Barrier One: American Antiquities Act of 1906

The American Antiquities Act of 1906 is probably the first piece of federal legislation that has become a barrier to modern day metal detecting on federal lands. This act was written to protect the prehistoric Indian ruins and artifacts but was later interrupted to cover objects of scientific interest allowing presidents to make national moments protected using the 1906 act.

See Appendix A to access a web link to the 1906 Act. See Appendix C for the complete copy of the 1906 Act.

Federal Legislation Barrier Two: NHPA - National Historic Preservation Act of 1966, as amended through 2000

The National Historic Preservation Act is legislation to preserve historical and archaeological sites in the U.S. This Act created the National Register for Historic Sites (Places), list of Historic Landmarks, and the creation of the SHPO State Historic Preservation Offices.

See Appendix A to access a web link to the 1966 Act. See Appendix C for the complete copy of the 1966 Act.

Federal Legislation Barrier Three: APRA - Archaeological Resources Protection Act of 1979

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 5 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One)

The next federal act of importance was the Archaeological Resources Protection Act of 1979. This act protects archaeological resources on federal lands and American Native lands. i.e.: “The purpose of this Act is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and American Native lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this Act.”

The 1979 Act has thirteen section that cover Definition, Excavation & Removal, Custody of Resources, Prohibited acts & Criminal Penalties, Civil Penalties, Rewards & Forfeiture, Confidentiality, Regulation & Intergovernmental Coordination, Cooperation with Private Individuals, Saving Provisions and Reports .

See Appendix A to access a web link to the 1979 Act. See Appendix C for the complete copy of the 1979 Act.

Federal Legislation Barrier Four : NAGPRA - Native American Graves Protection and Repatriation Act of 1990 i.e.: “The Native American Graves Protection and Repatriation Act is the primary federal legislation pertaining to graves and human remains in archaeological contexts. This act establishes definitions of burial sites, cultural affiliation, cultural items, associated and unassociated funerary objects, sacred objects, cultural patrimony, Indian tribes, museums, Native Americans and Native Hawaiians, right of possession and tribal land. NAGPRA gives guides and priorities concerning the ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after the date of enactment of the act.”

See Appendix A to access a web link to the 1990 Act. See Appendix C for the complete copy of the 1990 Act.

State Legislation Barrier Five: State and Local Archaeology, Historical Places (site), Native American Protection Laws

The 1906 Antiquities Act, 1966 National Historic Preservation Act, 1997 Archaeological Act and the 1990 Native American Act all have broad reach and cover all federal lands including all the national parks / monuments / seashores. Plus many states have adopted these three Acts in whole or in part into their state code. In some cases states have even modified these laws to cover privately owned land as well as public land. The state law’s

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 6 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) definition and complexity will vary from state to state and must be researched, reviewed and well understood before trying to create and submit any state legislation.

State Park Regulation Barrier Six: State Park Regulation on Geographic’s

Many states have park regulation similar to this: Persons may not destroy, damage, or remove a living or dead tree, shrub, or vegetation; disturb any earth, rocks, minerals, natural formations, or historic relics; or destroy, damage, or remove any antlers, skulls, or other parts of animal carcass located on lands owned or leased by the department without written permission from the secretary or a designated agent. These statements generally are a catch all and may need to be addressed in any new metal detecting legislation.

In Summary: The Federal legislative acts have been applied universally to National Parks / Monuments /Seashores (meaning all national lands not just Historical & Native American lands). There are some exceptions to this statement where BLM Bureau of Land Management and FS Forest Service lands are partially open to metal detecting. Going to the local BLM of FS office will usually provide you with the information needed to metal detect the BLM & FS lands.

In the case of State legislative statues they are applied to state lands very much like the federal application of the law to federal lands meaning all state owned lands are covered by the state legislative statues. In a few states the Historical and Native American Laws may be enforced in a more rational – selective matter.

These six Federal & State legislative barriers will directly restrict or limit recreational metal detecting on most public lands. Any new state metal detecting legislative initiative will need to confront these legislative barriers head on.

Again, it will be very important for a metal detecting association or committee to have an excellent understanding of the laws, regulations in your state and be very familiar with the federal acts.

Who May be the Opposed Interested Parties or Key Players to Change?

The organizations or groups which are most interested and generally are opposed to any new effort to pass metal detecting friendly legislative are the following:

State Department of Archaeology and Historic Preservation (DAHP) State Historical Preservation Office (SHPO) State Native American Heritage Commission

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Native American Community Committee on Native American Relations • State Department Natural Resources (DNR) • Natural Resources Commission (DNR) • Parks and Regulations Department

Note: These State Departments usually adhere to the 1996 National Historic Preservation Act, 1997 Federal Archaeological Resource Protection Act, and the 1990 Federal Native American Graves Protection and Repatriation Act.

The state departments or organizations listed above may have different names / titles but will be present in all fifty states

State departments, organizations or commissions usually feel they are entitled to their authority as a result Federal statutes and any challenge to their authority in the form of legislation are not taken lightly.

The expectation should be on the part of any metal detecting association or committee that one or all of these groups will confront any metal detecting legislation. It will be imperative that any group who sponsors a metal detecting legislative bill or act must have a very strong working knowledge of the state and federal laws associated with these departments. This knowledge will be absolutely necessary once involved in the legislative bill process.

Who Must You Get to Know? Any legislative initiative under taken by a metal detecting association or committee will be required to develop a working relationship with the key players. The best way to establish this relationship is to approach the key individuals and ask to have a meeting. This meeting can be the forum for discussing your ideas, get feedback on their position, plus obtain copies of the laws or regulations that their department represents. Using this approach will provide your team with contact information, their position on the subject and copies of the laws you may need to address in new legislation. It will also provide the departments in question with some background as to what your intentions may be and hopefully the beginnings of a positive working relationship.

Establishing a State Metal Detecting Association or Committee

First Issue You Must Consider: Working with a State legislative body is not necessarily a one or two year effort to get legislation passed; it can be much longer. Once the legislation is passed there will continue to be challenges from the opposition either directly or indirectly. So a commitment to keeping up with any new legislation that may appear each year requires a long term association view.

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The opposing parties will incrementally make changes to Archaeology, Historical or Indian Burial laws, regulations, processes or state policies that may null and / or void some part or all of your state’s metal detecting legislation. By having an active State Metal Detecting Association you will be alerted to change and may be able to effective action before the change can be put in place.

An active Metal Detecting Association means just that ACTIVE. The Association must be in constant contact with all the interested parties and with any legislation that may be submitted each session which could have an effect on the status quo.

Therefore, the recommendation is to set up a state Metal Detecting Association and keep it active. Setting up an association is a long term commitment but should be very rewarding and beneficial to the states metal detecting community. The other option is to set up a short term focused committee for a single new legislative initiative.

The metal detecting association or committee must be the final authority on all decisions, planning, external communication and liaison for any legislation initiative.

An association should be represented (active members) by hobbyists, retailers and club members from across the state. There should be a core group of about five individuals with skills that complement each other. This is so that they are able to backup any core team member that may leave. The association should hold state wide meetings at least once a quarter where all nonactive members can be brought up to date and in turn provide real time feedback.

A committee can be assembled from one or two clubs that have a strong desire to change their state’s law to be friendlier toward the hobby. This would probably be a short term initiative committee only.

Role of a National Metal Detecting Association? The first impression is to get a National Metal Detecting Association involved in a State metal detecting issue. Let’s think about that for a minute. Look at it this way: state legislators do not like the federal government getting involved in their state’s affairs. Plus state government officials want to work with their constituents. The same situation applies to a national metal detecting association getting involved with state officials. Keep the national association at a distance let them be indirectly involved. There can be a role for a national association but not in dealing directly with state officials. State officials need to work with their constituents (state association or committee). If a National Metal Detecting Assn has the expertise they can be consultants to the state metal detecting

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 9 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) associate or group. For other National Metal Detecting Assn involvement: see “Support Your Bill with a Communication Campaign”.

The Association or Committee Must Handle All the Issue Associated With:

• creating the legislation and legislation support • identify funding sources and seek donations • identify and document a supportive state contact list • identify the legislation sponsors • determine if a lobbyist may be required (recommendation do not hire) • identify the need for other professional resources • create letters and talking points • establish a website surrounding the initiative long term monitoring of new state legislation maintaining real time contact with the all interested parties hold quarterly communication meetings with association membership Note: Additional Duties of an Association from a Committee

The committee should consist of at least five active members all of whom should be members of metal detecting clubs or metal detecting retailers within the state. The best situation is that all the members come from one or two clubs within the state.

An association should have the same number of active members but the representatives should come from all areas of the state not from just one or two clubs and retailers. 1. Committee Leader: This person should have leadership capabilities, excellent communication skills (verbal and written), meeting skills, computer skills, and have the time necessary for the legislation initiative process. This person may also be the legislative liaison.

2. Member One: This person should have excellent writing skills, take all meeting minutes, draft the legislation, and distribute all material to other committee members. This person should be an expert in using computers and in using computer applications to create the written material and do web searching. This person should have unlimited time available to dedicate towards the initiative.

3. Member Two: This person should be able to handle & manage the funds for the initiative, know how to use some type of spread sheet application, in charge of identifying funding sources and manage fund distribution. They should also be responsible for assembling all external contact list used in the communication support campaign. This person should have very strong computer skills and have unlimited time available to dedicate towards the initiative.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 10 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) 4. Member Three : This person should be responsible for all external communication. They should develop and write all talking points, support letters and phone messages used by the general public to blanket legislators. This person should also manage all methods of external communication to (other clubs, forums, email list, etc). This person should have unlimited time available to dedicate towards the initiative.

5. Member Four: This person should become the committees resource on all the federal and state laws associated with the initiative. Each team member should have a working knowledge but this person should be able to answer most detailed questions and know the opposed party’s position. This person must have good communication skills (reading & verbal) and have excellent web searching skills. This person should have unlimited time available to dedicate towards the initiative.

Preparations

Once the association or committee has been set up the next thing is to create a plan with actions and a timeline. This plan can be in outline form but each action of the plan must have assigned owners, a review process and completion dates. A plan may look like this:

• Longterm association or shortterm committee decision is made • Active committee members have been identified. • Assign committee members their responsibilities & duties based on the members position description. • Establish frequency of association or committee meetings. • Develop a mission / objective statement / bench marks (process stages). • Identify the broad range of task to be undertaken (detailed list). • Assign committee members to the individual items on the detailed list. • Create a time line based on the tasks and legislative calendar. • Designate two members who have the authority to sign checks. (if required) • May need to consider applying for IRS 501(c)(3) tax exempt status (IRS Form 1023) and receive IRS Determination Letter or advanced ruling letter: www.irs.gov. All organizations that have gross receipts of $5,000 or more must receive an IRS Determination Letter. • May need to consider applying / filing for state and local tax exemptions. • Establish financial management (one member), auditing and internal control process. Review Current Federal and State laws

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In the very beginning a fair amount of time needs to be set aside to read and discuss federal and state laws that will impact any legislation that will be submitted.

Also at this stage the association or committee should identify the interested parties in the state (those most likely to be opposed to your legislation). These parties will probably question in detail and potentially be completely opposed to any metal detecting initiative.

There are some states that have workable metal detecting law and regulation, however, in many of the states there are limitations on how, where and when you can metal detect. In any event these state laws should be reviewed since you may be able to use information from this review to write your legislation plus use other state’s answers to metal detecting in your support arguments.

The following category of laws and legislation should be read. Reviewing these Laws will provide guidance for your initiative and in some cases you may want to emulate what another state has already done for metal detecting.

Here is a Suggested List of Federal Acts to Evaluate: • Review, Read and Discuss the American Antiquities Act of 1906 • Review, Read and Discuss the National Historic Preservation Act of 1966, as amended through 2000 • Review, Read and Discuss U.S. Archaeological Resources Protection Act of 1979 • Federal Native American Graves Protection and Repatriation Act of 1990 Note: See Appendix A to access a web link to these four Acts. See Appendix C for a complete copy of each of these four Acts.

Here is a Suggested List of State Laws to Evaluate:

• Review, Read and Analyze the State’s DNR Regulations • Review, Read and Analyze the State’s Archaeology Law • Review, Read and Analyze the State’s Historical Sites (Places) Law • Review, Read and Analyze the State’s Indian Burial Laws • Review, Read and Analyze State Law on Found Property

Note: The specific State Law for each of these areas must be located and gathered from within each state. If I were to attach each individual set of state laws to this document it would make the length of document just too great. There is the U.K. United Kingdom Treasure Act to Consider:

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• Review, Read and Discuss the U.K. Treasure Act * (Appendix E) • Read U.K. Treasure Act Support Documents (Appendix E)

* Note: A Web Link to the Treasure Act can be found in Appendix A

Here is a list of metal detecting bills that have been submitted to states since 2007

• 07 HB 1016 Texas Bill (Failed) • 07 SB 5205 Washington Bill (Failed) • 08 SB 6253 Washington BillRevised (Failed) • 09 SB 6 Kentucky Bill (Failed) • 09 / 10 Number unknown Wisconsin Bill (Failed) • 10 / 11 SB 432 and AB 636 Wisconsin BillRevised (Pending Submittal)

Note: Copies of these bills and their legislative support material can be found in Appendix B

This is a short list of State laws that have well defined regulations for Metal Detecting

• Arkansas – Some beach detecting with limitations & permit • Iowa – Beach detecting with limitations • Ne braska – Beach detecting with specific guidance • New Hampshire – Beach detecting with guidance • Oregon – Permit required for some parks & not required for other parks • South Dakota Permit process for detecting • Michigan – List of parks open, partial open and closed to detecting • Washington – Registration process to detect at select parks (Brochure)

Links to most all metal detecting laws for these states can be found on the Metal Detecting Hobby Talk website: http://www.mdhtalk.org/ .

In Appendix D you will find website links for each of the listed states.

The most impressive states with laws on the list are: Iowa, Oregon, South Dakota, Michigan and Washington.

Legislative Process Steps The legislation process will be some what different from state to state but all legislative processes will be similar to the seven stages outlined below. Any bill that is submitted will either be started in the House / Senate or may be started in both legislative houses simultaneously.

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• Stage One: Bill Filed • Stage Two: Out of House Committee • Stage Three: Voted on by House • Stage Four: Out of Senate Committee • Stage Five: Voted on by Senate • Stage Six: Sent to Governor • Stage Seven: Bill Becomes Law

One important process issue is the need to know when your state’s legislation process will start taking bill filing for the upcoming legislative year. Getting your bill into the process early is very important since later you may need to make a bill amendment and time needs to be on your side.

Take a close look at your states house and senate legislators. The house usually represents the districts people’s interest while the senate represents the districts. You may want to start your bill in only the senate or house based on the leaning of a specific legislative body. Thereby getting the bill passed in one legislative entity before moving on to the next.

The other option is to start your bill simultaneously in the senate and house.

The recommendation is to start any new bill in both the House and the Senate.

Listed below is the legislative start location of metal detecting bills submitted since 2007

07Texas Bill Started in House 07Washington Bill Started in Senate 08Washington Bill Starts in Senate (Revised Slightly) 09Kentucky Bill Starts in Senate 09/10Wisconsin Bill Starts in Senate

Important Note: The association or committee may be offered the opportunity to provide a presentation to the legislators as to your bills content and impact. If this opportunity is available you will need support material for your bill’s position. Depending on your states legislative process the allocated time may only be three minutes per person speaking. If the situation is similar to that just described; them use this option to get more speaking time. If you would like 45 minutes of speaking time to support your bill you need to get 15 people to signup to speak on

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 14 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) supporting your bill’s position. The other 14 people scheduled to speak should defer their time to just one speaker thus you have 45 minutes.

Once the bill has been filed, it moves to either a House or Senate committee. This will be the first time that other interested parties will be formally exposed to the new legislation.

Expectations should be that a number of challenges will come forward from special interest groups (see: Who are the Interested Parties Section) these groups may be opposed to any change to current state law.

What may take place is that the legislative committee may require an impact analysis report be completed. A portion of this analysis will probably require a detailed fiscal analysis on the implementation cost of the bill and the projected annual maintenance cost.

This Can be Very Important: Once you bill is submitted and starts through the process it is very important to be prepared to support your bill at important junctures by rapidly conducting phone, fax, email and letter writing campaigns to your legislators. The notice or opportunity to do this will be very short so it is absolutely necessary to have your support campaign set up in advance. (See: Support Your Bill with a Communication Campaign)

If a good job of writing the bill has been done, the bill may easily move though the process and be signed into law in one legislative session year. But note this has not happened to any of the bills submitted by Texas, Washington, Kentucky and Wisconsin in the last four years.

In the Case of Washington State: The State Metal Detecting Association of Washington had one success in getting a bill passed 1996. Since that time their situation for metal detecting state lands has been under attack by parties opposed to recreational metal detecting. This has created some uncertainty as to where it is legally ok to detect from year to year.

Locate and Select Legislative Sponsors If you have set up a State Metal Detecting Association and the active board members come from across the state there are some options. By having active association members come from a number of state legislative districts the association is offered a broader list of potential legislative sponsors. This broader list of potential sponsors provides the opportunity to select someone who may see your initiative more favorably.

The legislative sponsor interview process will: • help you in selecting the right legislators sponsors • provide the opportunity to share what is your agenda

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• yield what resources are available from the legislator sponsors and how they can help you in drafting the act or bill • aid in developing a strong working relationship • provide the necessary process information that must be followed • identify and share contact information • obtain a legislative timeline that must be followed to be successful • gather their thoughts on opposition to your agenda

After selection a final one on one sitdown with your selected legislator sponsors is necessary before you get very far into your initiative.

Locate and Select a Lobbyist (yes or no)

Lobbying is a form of advocacy with the intention of influencing decisions made by government legislators, officials and other individuals, constituents, or groups.

The association or committee options related to lobbying are:

• do not involve a lobbyist in your plans (recommendation) • be represented by a lobbyist

The association or committee will need to make a decision on whether to hire a lobbyist to support your metal detecting imitative. A lobbyist is a person who tries to influence legislation on behalf of special interest (your organization).

The recommendation is not to hire a lobbyist to represent your interest. The reason for this is that your senate and house legislators want to work for their constituents. A lobbyist is usually not considered a constituent instead they are an outside influence (middle man) that represents a constituent.

If you want to move forward with a lobbyist then a simple criteria for selecting the lobbyist would be someone that is very familiar with these groups:

• State Department of Archaeology and Historic Preservation • State Native American Heritage Commission • Native American Community • Committee on Native American Relations • State Department Natural Resources (DNR) • Natural Resources Commission (DNR)

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Once you have selected the lobbyist the next step is to educate the lobbyist on your initiative and provide them with a very good set of talking points backed up by real examples and data that support your bill. Keep in mind that a lobbyist is expensive, therefore; an aggressive funding campaign will be required.

Exploring Metal Detecting Legislation Options

In this section’s text you find seven potential legislative options with examples that could be used for a bill to gain a favorable metal detecting environment for your state. Each one of the options could stand on their own or a number of the options could be combined to fit the need of your association. I have taken the liberty to put together an ideal set of circumstances for a sample bill. This is not in statue language but with a little work could be transformed into the proper text.

All legislation created and submitted should be aggressive to achieve the most desirable outcome for the hobby in your state.

Sample of a Proposed Act or Bill:

The use of metal detectors is permitted subject to the following provisions: Metal detectors may be used year around along the state park shorelines, and in designated swimming beach & water areas. Metal detecting must remain below the vegetation line above the beach with the following exception:

• Metal detectors shall be permitted at state park athletic fields, playgrounds, and 25 feet from picnic tables and pavilions, unless otherwise posted. • Metal detectors shall be permitted on all disturbed and developed State Park lands.

Metal detectors are limited to portable, handheld devices and digging equipment is limited to hand tools not exceeding twelve inches in length by four inches in width and sand scoops and sieves not over ten inches in diameter.

Metal detector operators shall wear or carry a litter apron or bag, and all found metal litter must be retained and deposited in an approved trash receptacle.

Operators may keep any items with a nominal value of less than $50.00. Identifiable items, such as rings, watches, etc., and all other items of value exceeding $50.00 are to be deposited with the park superintendent.

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These provisions apply to all lost and found articles including those found without the aid of a metal detector.

• Money and coinage found whose value is in excess of $60.00 shall be reported to the park manager or supervisor. (large deposit of coins & cash found in one location only) All single target coin and cash finds do not come under this provision.

All historical, archeological or paleontological items found are to be left undisturbed and their location reported to the park manager / superintendent /ranger.

• Use of metal detectors in State Historical Parks is expressly prohibited except as herein provided.

• If maps of park historical locations are available then other park locations such as swimming areas, developed lands and other disturbed land will be open to metal detecting.

• Owners of lost items may use a metal detector in areas where their use is otherwise prohibited, only upon prior arrangement with the park manager / superintendent / ranger.

Persons using metal detectors shall:

• Observe all laws, regulations, and procedures • Observe the metal detectors code of ethics (see attachment) • Never destroy or disturb park facilities, natural features, historical, or archeological resources; • Conduct themselves with thoughtfulness, courtesy, and consideration for others by not interfering with other recreational activities or allowing any emitted sound that is audible to other park users.

Ethics for Responsible Metal Detecting

• I will check Federal, State, County and Local Laws before searching. It is my responsibility to KNOW and UNDERSTAND THE LAW. • I will report to the proper authorities, individual who enters and or remove artifacts from Federal or State Park / Preserves / Historical Sites. • I will never remove or destroy priceless historical archeological treasures. • I will not enter Cemeteries for the purpose of metal detecting. • I will protect our Natural Resource and Wildlife Heritage.

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• I will not enter private property without the owner's permission and when possible, such permission will be in writing. • I will take care to refill all holes and try not to leave any damage. • I will remove and dispose of any and all trash and litter that I find. • I will not destroy or tamper with any structures on public or private property or what is left of Ghost Towns. • I will not contaminate wells, creeks, or other water supplies. • I will not tamper with signs, maintenance facilities or equipment and leave all gates as found. • I will approach and educate those who do not follow good metal detecting practices. • I will not metal detect in competitive hunts if I am the Hunt Master or plant hunt targets. • I will make every effort to return found property to its rightful owner. • I will be an ambassador for the hobby, be thoughtful, considerate and courteous at all times to others and their property.

Following are options that could also be considered for allowing metal detecting on state public lands.

• Option One: Use the U.K. Treasure Law Concept for Metal Detecting Public Lands in the U.S. (See Appendix E)

The ability to get a law similar to the U.K. Treasure Act passed in one of the states would be a great accomplishment. The treasure act would need to be modified to fit the state historical and archaeology requirements but it could be done. Getting it into an act and getting it passed would be very difficult for any state. This effort may take one to two years of background work with all the opposition groups before any Act or Bill is submitted. However, it is an option to consider.

The current Act is divided into the following:

• Meaning of treasure • Power to alter meaning • Supplementary • Ownership of treasure which is found • Meaning of franchisee • Treasure vesting • Jurisdiction of coroners

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• Duty of finder to notify coroner • Procedure for inquests • Rewards • Codes of practice (can be found in Appendix E) • Report on operation of Act

• Option Two: Detecting All Public Lands

This option is one which is self explanatory. It means open all state (public lands) to metal detecting with no restrictions.

With all of the current Federal and State laws on the books this option is already null and void but is worthy to note the ideal situation.

• Option Three: Detecting Disturbed & Developed Public Land Only

The Oregon State regulation for metal detecting is a good example of a state that allows detecting on developed lands.

(See Appendix D for a link to the Oregon website)

• Option Four: Detecting Fresh & Salt Water Designated Swimming Areas & Beaches at Select Parks

Below is the Arkansas State regulation for metal detecting.

(See Appendix D for link to the Arkansas website)

Metal detecting will be allowed only at public swim beaches & waters located at the following parks:

• List of Parks Crowley’s Ridge Daisy DeGray Lake Resort Lake Catherine Lake Charles Lake Dardanelle Lake Ouachita Village Creek Woolly Hollow

The rules and procedures regarding the use of metal detectors are:

A. Metal detecting may occur from the day after Labor Day through the weekend preceding Memorial Day Sunday through Saturday from 8:00 a.m. to 5:00 p.m.;

B. Metal dectectorists must complete a registration form (see attached copy) and have it on their person when metal detecting; C. Digging implements and hole sizes will be regulated;

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D. Items of historical and/or archeological significance will not be removed. Park staff must be contacted immediately upon the discovery of such items;

E. Uncovered “valuables” will be left at the park office until a reasonable time has passed for the original owner to claim the item (30 days per Arkansas Lost and Found laws – Excludes coins in circulation). All persons using metal detectors must complete a found property report before leaving a park. If no claim is made within the thirty days, the item may be collected by the finder. Effective Until

Persons using metal detectors shall:

A. Observe all laws, regulations, and procedures;

B. Observe the metal detectors code of ethics (see www.fmdac.com);

C. Never destroy or disturb park facilities, natural features, historical, or archeological resources;

D. Conduct themselves with thoughtfulness, courtesy, and consideration for others by not interfering with other recreational activities or allowing any emitted sound that is audible to other park users;

E. Limit digging implements to ice picks, screwdrivers, and probes not to exceed two (2”) inches in width and sand scoops not to exceed six (6”) inches in width and eight (8”) inches in length, containing perforations no less than onehalf (1/2”) inch in width, to be used only on sand surfaces;

F. Limit any holes dug to six (6”) inches maximum depth, refill holes immediately following searches, and restore surfaces to previous conditions;

G. Properly dispose of all found or recovered trash or litter.

REGISTRATION for Metal Detector Use ______I have read and understand the NAME (First, Middle, Last) procedures for using a metal ______detector in ______State Parks. Street Address ______City State Zip Signature Date ______• Option Five: Metal Detecting with Permit Requirements

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There could be many variations for state metal detecting permits. Some of these variations are:

• Permits issued by the state (good for: one year, biyearly, five years, etc) • Permits with fees issued by the state • Permits for certain parks issued by the state • Permit issue by a local state park manager (daily) • Permits by site and for certain times or dates

The South Dakota permit process example displays what can result from using a required permit process to metal detect.

(See Appendix D for link to the South Dakota website)

No person may use a metal detector on lands owned, leased, managed, or controlled by the department without written authorization from the site manager.

Metal detector use granted by a permit and will only be allowed if you are Recreational metal detecting on designated swimming beaches.

Department staff performing operations tasks.

Archaeologists performing official research (they must first have a permit from the State Archaeologist before a Department permit can be issued.)

Looking for a lost personal item*. When looking for a lost personal item, the person needs to describe the lost item to the site manager issuing the permit. If the area to be searched is not within a designated swimming beach, digging will not be permitted since the lost item will most likely be above the surface.

METAL DETECTOR PERMIT

Department Area: ______Permit issued to: Name: ______Address: ______City: ______State: ______Zip Code: ______Phone #: Daytime: ______Evening: ______Date Issued: ______Permit Is Valid From: ______Through: ______

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Restrictions on use of metal detectors – Written authorization required. No person may use a metal detector on lands owned, leased, managed, or controlled by the department without written authorization from the site manager or other department representative. Written authorization may include conditions for permitted use specific to the applicable area.

Destruction or removal of natural features prohibited Exception. A person may not destroy, damage, or remove a living or dead tree, shrub, or vegetation; disturb any earth, rocks, minerals, natural formations, or historic relics; or destroy, damage, or remove any antlers, skulls, or other parts of animal carcass located on lands owned or leased by the department without written permission from the secretary or a designated agent.

SPECIAL CONDITIONS AND RESTRICTIONS This permit applies only to the following area ______and may be used ONLY during the hours of___. Permits must be carried by the permittee or be available in the vehicle. Permittee must inform department staff in advance before using detectors by either stopping at the office prior to detecting or calling a day in advance to ______.

Tools used for digging are limited to probes not over 6 inches long, one inch wide and onequarter inch thick. Sand scoop or sieve not over 10 inches in diameter. All excavations shall be returned to their original condition prior to the beginning of new excavations or leaving the area. Holes may only be a maximum of 6" in depth.

A litter apron or bag is to be worn or carried during metal detector use and all litter disposed of in an approved trash container. All found items will be brought to the office for inspection by department staff. The department retains the right to keep anything of historical archeological or culturally significant value. Department staff must approve any exceptions or changes to these restrictions.

Permittee Signature: ______Date: ______Department Representative: ______Date: ______

*Before a permit is issued, the site manager needs to explain the special conditions and restrictions stated on the permit. By the permittee signing the permit, they acknowledge the limitations and restrictions set forth by the permit.

• Option Six: Detecting Select State Public Lands (Parks )

The Michigan State regulation is the example used for this option.

(See Appendix D for a link to the Michigan website)

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Park Regulation

Metal detecting is recognized as a legitimate recreation activity when it is conducted in ways that do not damage the natural and cultural resources in Michigan State Parks nor violate applicable state statues. Any items found must be reviewed by park staff and may be retained for further investigation.

• List of Entire Parks Open for Metal Detecting • List of Entire Parks Closed for Metal Detecting • List of Parks with designated Metal Detecting areas (maps are provided)

See the complete regulation by going to the Michigan website or a copy can be found in Appendix D.

• Option Seven: Detecting Select State Public Lands by using a Registration Process

Another good example is Washington State and their procedure for metal detecting State Parks.

(See Appendix D for a link to the Washington website)

In Appendix D you will find a Washington State Metal Detecting Brochure with the registration form, parks listing and the law for Washington State.

Finally Create the Legislation Metal Detecting Act or Bill

• Outline your metal detecting act or bill(Consider Disturbed and Non Disturbed Lands, Designated Fresh & Salt Water Swimming areas & Beaches, Permits, Registration, Park Exceptions, other limitations) • Check the outline against the example provided and other state laws • Revise your outline to meet your objectives • Review what the special interest groups may be opposed to in your legislation. These group’s may be: Native Americans, Archaeologist, Historians • Finalize & document why these groups may be opposed to the legislation

Write the Legislation

Take your Act or Bill’s outline and add the necessary language to fill out your wants and musts. Once you are satisfied with the content; it needs to be written in legislative language before the bill is

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submitted. Most often your legislative sponsors can perform this task for you.

Also: • Create a talking point presentation to support the legislation • Document supporting detail for the legislation

Submit the Legislation

Support Your Bill with a Communication Campaign

There will be a need to provide support for your bill with a solid communication campaign to the state’s senators and legislators. Such a campaign may be necessary at a number of different times as the bill moves though the legislative process steps. Examples are: once the bill is ready for a vote in a committee, or has moved from the committee to a legislative body for a vote. These are the occasions to blanket the senators or legislators with a solid communication program.

To have an effective support campaign for your bill the committee will need to created contact lists for: USPS letter writing, fax letters, email letters and phone calls. This campaign will require generating lists of people who are willing to write, Fax, Email and make Phone Calls. Each of these campaign methods may have a different list of supporters.

The table below list three separate sources of support for any campaign.

Communications Support Campaign Table Other State National National Assn Assn Sources

USPS Letter Only Fax Letter Only Email All All All Phone Call Only Petition None None None

1st : The main support must come from the state itself. Support from the state association sources should blanket legislators by writing letters, fax letters, email letters and make phone calls. In the case of state constituent support: return addresses, phone area codes and fax numbers indicate the support is coming from the state. State legislators want to hear from their constituents on legislation they are working on. 2nd : A National Metal Detecting Assn can provide support by only emailing to state legislators. The reason for this is that emails are not associated to a city, state, country, area code or zip code, therefore;

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 25 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) there is no way for legislators to know if the email is from a state constituent or from someone in another state. The sender should always have their full name at the bottom of the email letter but no address or phone number nor state or country identification.

3rd : Support can also be solicited from other clubs (metal detecting, prospecting, rock & mineral, bottle, coin, plus forums, etc.) from across the country. The same rules apply to this support group as applies to the National Metal Detecting Assn support. (email letters only)

This approach will take some work to create the required support network. In the three categories outlined there will need to be a good deal of advanced work done.

To make any support campaign effective you will need prewritten letters. In the case of a phone campaign you will need talking points that can be used in actual conversation or by leaving a message.

This Communication campaign is very important and will put pressure on legislators to pass a check point. The lack of a good support campaign will cause your legislation to fail. This requires work, work, and more work and is not a one time support event.

I discourage using a petition since you can not control the message from people who sign the petition. One bad petition input can have very negative results on your efforts.

Controlling the message to your legislators from your supporters is very important. The message needs to be supportive with a couple of good reasons why it is important for the legislators to support the bill.

Conclusion This is a first attempt at writing a technical paper on how to make state laws friendlier towards recreational metal detecting. I am sure that many will find this paper too difficult with too much detail and others may find it lacking on some subject matter; just remember this is a first pass.

I will revisit this paper in a couple of months and I am sure there will be changes. I am looking forward to feedback so I can improve the paper with the next version.

I sincerely believe this paper will, at least, take some of the learning curve away from creating and submitting state metal detecting legislation.

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I believe information provided in this paper may also be of benefit to anyone that is considering the need to tackle a local issue (city, county, school district) on metal detecting.

There is no better time to take action and review your states law on metal detecting. Get it changed so the hobby can be enjoyed by all.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 27 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Page 28 Appendix A: Guide to Federal Acts

American Antiquities Act of 1906 http://www.nps.gov/history/locallaw/anti1906.htm

National Park EHistory concerning the American Antiquities Act of 1906 http://www.nps.gov/history/history/hisnps/npshistory/antiq.htm

National Historic Preservation Act of 1966, as amended through 2000 http://www.achp.gov/NHPA.pdf

Antiquities Act: A Century of Historic Preservation http://www.blm.gov/heritage/adventures/menu/media/history.pdf

U.S. Archaeological Resources Protection Act of 1979 http://www.nps.gov/archeology/tools/Laws/arpa.htm

But Wait, There’s More, ARPA Q & A http://www.fws.gov/historicpreservation/employeeTraining/pdfs/CRO_ARPA_33 36.pdf

Native American Graves Protection and Repatriation Act of 1990 http://www.nps.gov/nagpra/mandates/25USC3001etseq.htm

Indian Burial and Sacred Grounds Watch, http://www.ibsgwatch.imagedjinn.com/index.htm

Cornell University Law School, Chapter 1B—Archaeological Resources Protection http://www.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16_10_1B.html

Cornell University Law School, 470ee. Prohibited acts and criminal penalties http://www.law.cornell.edu/uscode/html/uscode16/usc_sec_16_00000470 ee000.html

Cornell University Law School, Chapter 1—National Parks, Military Parks, Monuments, and Seashores http://www.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16_10_1.html

U.K. Treasure Act of 1996, http://www.opsi.gov.uk/acts/acts1996/ukpga_19960024_en_1

Book: Metal Detecting and Archaeology Edited by Suzie Thomas Edited by Peter Stone

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Book: Archeological Resource Protection by Sherry Hutt, Martin E. McAllister, Elwood W. Jones An extremely accessible guide to understanding and using the Archaeological Resources Protection Act of 1979. It includes an overview of problems in the U.S., discussion of the provisions for criminal and civil prosecution and a stepbystep explanation of how an archeological crime is investigated and prosecuted.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 29 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Page 30: Appendix B: Purpose State Metal Detecting Legislation

Page 31: 2007 Purposed Texas Legislation (Failed)

Page 33: 2007 Purposed Washington State Legislation (Failed)

Page 34: 2008 Purposed Washington State Legislation Revised from 2007 (Failed)

Page 36: 2010 Purposed Kentucky Legislation (Failed)

Page 37: 2010 Purposed Wisconsin Legislation (Failed)

Page 37: 2011 Purposed Wisconsin Legislation Revised from 2010 (Pending)

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 30 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Appendix B Continued

Presented to the 2007 Texas Legislation Bill 1016

By: Hopson H.B. No. 1016 A BILL TO BE ENTITLED AN ACT relating to allowing recreational metal detecting in designated areas of state parks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS :

SECTION 1. Section 191.0525, Natural Resources Code, is amended by adding Subsection (j) to read as follows:

(j) This section does not apply to recreational metal detecting in designated areas of state parks.

SECTION 2. Subchapter B, Chapter 13, Parks and Wildlife Code, is amended by adding Section 13.1021 to read as follows:

Sec. 13.1021. REGULATION OF RECREATIONAL METAL DETECTING IN STATE PARKS. (a) The department shall allow recreational metal detecting in designated areas of state parks subject to rules adopted by the commission.

(b) This section does not authorize the removal from state park land of any object, implement, or artifact the removal of which is prohibited under Chapter 191, Natural Resources Code.

Fiscal Note for Texas 1016

SECTION 3. This Act takes effect September 1, 2008. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION April 9, 2007

TO: Honorable Harvey Hilderbran, Chair, House Committee on Culture, Recreation, & Tourism

FROM: John S. O'Brien, Director, Legislative Budget Board

IN HB1016 by Hopson (Relating to allowing recreational metal detecting in RE: designated areas of state parks.), As Introduced

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 31 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Estimated Two-year Net Impact to General Revenue Related Funds for HB1016, As Introduced: a negative impact of ($460,800) through the biennium ending August 31, 2009.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General RevenueRelated Funds, FiveYear Impact: Probable Net Positive/(Negative) Fiscal Year Impact to General Revenue Related Funds 2008 ($230,400) 2009 ($230,400) 2010 $0 2011 $0 2012 $0 All Funds, FiveYear Impact: Probable Savings/(Cost) from Fiscal Year GENERAL REVENUE FUND 1 2008 ($230,400) 2009 ($230,400) 2010 $0 2011 $0 2012 $0 Fiscal Analysis The bill would amend the Parks and Wildlife Code to allow recreational metal detecting in designated areas of state parks subject to rules adopted by the Texas Parks and Wildlife Commission. The bill would specify that addition of the new language would not authorize removal of any objects subject to the Natural Resources Code (Antiquities Code). The bill would take effect September 1, 2008.

Methodology This estimate assumes the Texas Parks and Wildlife Department (TPWD) would incur additional costs to conduct archeological surveys to ensure appropriate areas are designated for metal detecting. This estimate assumes: (1) metal detecting will not be allowed on any historical sites or leased parks, leaving a total of 64 parks that would be impacted by the bill. Surveys for half of the parks would be initiated in fiscal year 2008 and the remainder in fiscal year 2009; (2) surveys will cover an average of 50 acres per park; (3) current market rate for intensive archeological surveys is $144/acre. Contracted surveys in this estimate would cost

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$230,400 in fiscal year 2008 and fiscal year 2009. To the extent the bill would result in additional park revenue from visitors engaged in metal detecting who otherwise would not have visited a state park, any positive fiscal implication to the State is not anticipated to be significant.This estimate assumes existing park staff in each of the surveyed parks could supervise the activities of persons engaged in recreational metal detecting (to ensure they remain within designated areas and to check that individuals are not leaving the area/park with items of archeological significance). Local Government Impact No fiscal implication to units of local government is anticipated.

Appendix B Continued

SENATE BILL 5205

Presented to the 2007 Washington State Regular Session

By Senators Sheldon and Morton

Read first time 01/12/2007. Referred to Committee on Natural Resources, Ocean & Recreation.

AN ACT Relating to metal detectors in state parks; adding new sections to chapter 79A.05 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the intent of the legislature that those significant historic archaeological resources on state park lands that are of importance to the history of our state, or its communities, be protected for the people of the state. At the same time, the legislature also recognizes that the recreational use of metal detectors in state parks is a legitimate form of recreation that can be compatible with the protection of significant historic archaeological resources.

NEW SECTION. Sec. 2. A new section is added to chapter 79A.05 RCW to read as follows:

(1) By September 1, 2008, the commission shall open all developed and disturbed areas of state parks for the recreational use of metal detectors. Developed and disturbed areas are further defined as campgrounds, parking areas, boat launches, and similar areas that have been subject to capital development or future capital development by SB 5205 state parks, that would not retain any archaeological information,

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 33 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) and that have been verified by the department of archaeology and historic preservation.

(2) The legislature directs that on state park lands, historic archaeological resources, as defined in RCW 27.53.030, be managed in such a way that the integrity of those properties not be diminished. Metal detectors may be used on state park lands that do not meet the definition of historic archaeological resources.

(3) All federal lands leased to state parks are exempt from metal detecting.

(4) Any items discovered of historic archaeological significance must be turned in to the state through the commission. NEW SECTION. Sec. 3. A new section is added to chapter 79A.05 RCW to read as follows:

(1) If the commission determines that all developed or disturbed areas of a park must be exempted from metal detecting because of its historic archaeological resources, the commission must, by December 1, 2008, submit a brief report to the appropriate standing committees of the legislature as to how they and a professional archaeologist made this determination.

(2) It is the intent of this section to not allow blanket exemptions but to ensure the preservation for the public of proven historic archaeological resources.

2007 Washington SB 5205 - DIGEST

Declares an intent that those significant historic archaeological resources on state park lands that are of importance to the history of our state, or its communities, be protected for the people of the state. At the same time, the legislature also recognizes that the recreational use of metal detectors in state parks is a legitimate form of recreation that can be compatible with the protection of significant historic archaeological resources. Provides that, if the commission determines that all developed or disturbed areas of a park must be exempted from metal detecting because of its historic archaeological resources, the commission must, by December 1, 2008, submit a brief report to the appropriate standing committees of the legislature as to how they and a professional archaeologist made this determination. Declares it is the intent of this act to not allow blanket exemptions but to ensure the preservation for the public of proven historic archaeological resources.

2007 Washington SB 5202 Fiscal Notes Summary Site Link

2008 Washington Bill

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2008 Washington SB 6253 (Revised 2007 Bill 5205)

State of Washington 60th Legislature 2008 Regular Session By Senators Sheldon and Shin Read first time 01/14/08. Referred to Committee on Natural Resources, Ocean & Recreation.

AN ACT Relating to metal detectors in state parks; adding new sections to chapter 79A.05 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 2. A new section is added to chapter 79A.05 RCW to read as follows:

(1) By September 1, 2009, the commission shall open all developed and disturbed areas of state parks for the recreational use of metal detectors. Developed and disturbed areas are further defined as campgrounds, parking areas, boat launches, and similar areas that have been subject to capital development or future capital development by p. 1 SB 6253 state parks, that would not retain any archaeological information, and that have been verified by the department of archaeology and historic preservation.

(3) All federal lands leased to state parks are exempt from metal detecting.

(4) Any items discovered of historic archaeological significance must be turned in to the state through the commission.

13 NEW SECTION. Sec. 3. A new section is added to chapter 79A.05 RCW to

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 35 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) read as follows:

(1) If the commission determines that all developed or disturbed areas of a park must be exempted from metal detecting because of its historic archaeological resources, the commission must, by December 1,18 2009, submit a brief report to the appropriate standing committees of the legislature as to how they and a professional archaeologist made this determination.

(2) It is the intent of this section to not allow blanket exemptions but to ensure the preservation for the public of proven historic archaeological resources.

2008 Washington SB 6253 - DIGEST Provides for the opening of developed and disturbed areas of state parks to the recreational use of metal detectors.

2008 Washington SB 6253 Fiscal Notes Summary Site Link

Appendix B Continued

SB 6 D. Seum, P. Clark Presented to the 2010 Kentucky Legislation AN ACT relating to metal detectors in state parks. Be it enacted by the General Assembly of the Commonwealth of Kentucky :

Create a new section of KRS Chapter 148 to define "metal detector" and "unimproved area", and to limit the use of metal detectors in state parks to unimproved areas; and amend KRS 148.991 to provide a penalty for violation.

SECTION 1. A NEW SECTION OF KRS CHAPTER 148 IS CREATED TO READ AS FOLLOWS:

(1) As used in this section:

(a) "Metal detector" means any device that senses the presence of metals; and

(b) "Unimproved area" means any area that has not been changed through artificial means, but does not include a sand beach used for swimming.

(2) A person may not use a metal detector in unimproved areas of a state park.

Section 2. KRS 148.991 is amended to read as follows:

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 36 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (1) Any person who violates subsection (2) of KRS 148.051 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisoned in jail for not less than one (1) day nor more than ten (10) days or both.

(2) Any person who violates KRS 148.029 or Section 1 of this Act shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).

(3) Whoever violates, fails, neglects or refuses to obey any provision of KRS 148.610 to 148.780, or regulation, or order of the commissioner may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy; and provided, further, that whoever violates, fails, neglects, or refuses to obey any provision of KRS 148.610 to 148.780, or regulation, or order of the commissioner shall be punished by a fine of not more than fifty dollars ($50) for each day of such violation.

(4) Any person who violates any provision of KRS 148.290 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).

(5) Any person who violates KRS 148.290(3), (4), or (5) governing golf carttype vehicles, allterrain vehicles, and horse trailers, including administrative regulations promulgated pursuant to that statute, forfeits the rights and privileges, as granted by the commission, of using the vehicle or trailer on State Horse Park property. The executive director of the State Horse Park shall ensure that vehicles or trailers in violation are impounded to the nearest licensed tow company. The owner or operator of such a vehicle or trailer shall pay any and all expenses related to the vehicle's or trailer's towing and impoundment.

Appendix B Continued

Purp osed Wisconsin Bill for 2011 Session.

SB 432 and AB 636 Substitute Amendment Language

Shallow water means the part of the lake that is no deeper than 6 feet

Land open for searching means previously disturbed land, campsites occupied by the metal detectorists or that are vacant, and other areas designated by the Wisconsin Metal Detector Advisory Committee.

Items of archeological significance are defined as meeting all of the following criteria

1. 125 years or older

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 37 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) 2. Is part of the physical record of an indigenous or other past culture found in the state or waters of the state;

3. Is material remains of past human life or activity that are of archaeological significance including, but not limited to, monuments, symbols, tools, facilities, technological byproducts and dietary byproducts

4. Archeological objects do not include cash and coins.

The Department may not prohibit a person from using a metal detector in shallow water sandy beaches or on land open for searching if all of the items in (1) ag are met.

(1) The individual has a valid Wisconsin Recreational Metal Detecting License(Create Recreational Metal Detecting License issued by DNR and a vailable where fishing and hunting licenses are sold $20.00 annual fee. Individual must get a certificate of training from an approved metal detecting training program to be eligible for a recreational metal detecting license (certificates of training a revalid for 5 years; those providing the training may not charge more than a nominal fee for materials) and complies with all of the following:

(a) No item which is, or appears to be of historical or archaeological significance, may be removed from the site at which it was found. Any such find shall be immediately reported to park personnel, and the area in which the find occurred shall not be disturbed further.

(b) Never destroy or adversely disturb historical or archeological resources.

(d) The person uses a tool for retrieval on land that is no more than 3 inches wide, or a scoop specifically designed for recovery in sand or water that is no more than 10 inches in diameter.

(e) Properly dispose of all found or recovered trash and litter.

(f) Personally identifiable items must be turned in t o park office or DNR staff and if the owner is not found within 60 days the found property will be returned to the finder if requested.

(g) Conduct themselves with thoughtfulness, courtesy and consideration

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 38 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) for others, and not interfere with other recreational activities. An operator shall not allow any emitted metal detector sound audible to other park users.

The Department of Natural Resources, in cooperation with the State historical Society, shall establish a Recreational Metal Detecting Advisory Committee comprised of one representative of each of the state metal detecting clubs (6), The president of the Wisconsin archeological Society, The President of the Wisconsin Archeological Survey, one member of the Conservation Congress, and 4 members representing Wisconsin Native American tribes. The committee would be charged with:

Identifying and approving other DNR/ Stewardship land available for detecting (open property)

Establish a program for archeologists and licensed metal detectorists to conduct volunteer archeological surveys on state land under the direction and oversight of the state archeologists or their authorized agents.

Make a recommendation to the legislature by March of 2011 for increased protection of Native American cultural heritage including old copper complex/culture.

Establish criteria for metal detector training certificates and approve groups/individuals approved for providing the training program to receive a recreational metal detecting license. The Committee shall be formed no later than 2 months after enactment of the legislation and their initial list of open properties formalized no later than April of 2011. The committee shall then meet at least biannually to add or remove property from the list and establish potential volunteer surveys.

Fine for violating 44.47 (7) 2. or removing items defined in 1. (a) or violating 1. (b) above would be not less than $2000.00 or more than $10,000 per occurrence.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 39 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Page 40: Appendix C: Federal Legislative Acts

Page 41: American Antiquities Act of 1906

Page 42: National Historic Preservation Act of 1966, As amended through 2000

Page 84: Archaeological Resources Protection Act of 1979

Page 92: Native American Graves Protection and Repatriation Act of 1990

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 40 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Appendix C be necessary for the proper care and management of the object, may be American Antiquities Act of 1906 relinquished to the Government, and the Secretary of the Interior is 16 USC 431433 Be it enacted by the hereby authorized to accept the Senate and House of Representatives relinquishment of such tracts in of the United States of America in behalf of the Government of the Congress assembled, That any person United States. who shall appropriate, excavate, injure, or destroy any historic or Sec. 3. That permits for the prehistoric ruin or monument, or any examination of ruins, the excavation object of antiquity, situated on of archaeological sites, and the lands owned or controlled by the gathering of objects of antiquity Government of the United States, upon the lands under their without the permission of the respective jurisdictions may be Secretary of the Department of the granted by the Secretaries of the Government having jurisdiction over Interior, Agriculture, and War to the lands on which said antiquities institutions which the may deem are situated, shall, upon properly qualified to conduct such conviction, be fined in a sum of not examination, excavation, or more than five hundred dollars or be gathering, subject to such rules and imprisoned for a period of not more regulation as they may prescribe: than ninety days, or shall suffer Provided, That the examinations, both fine and imprisonment, in the excavations, and gatherings are discretion of the court. undertaken for the benefit of reputable museums, universities, Sec. 2. That the President of the colleges, or other recognized United States is hereby authorized, scientific or educational in his discretion, to declare by institutions, with a view to public proclamation historic increasing the knowledge of such landmarks, historic and prehistoric objects, and that the gatherings structures, and other objects of shall be made for permanent historic or scientific interest that preservation in public museums. are situated upon the lands owned or controlled by the Government of the Sec. 4. That the Secretaries of the United States to be national Departments aforesaid shall make and monuments, and may reserve as a part publish from time to time uniform thereof parcels of land, the limits rules and regulations for the of which in all cases shall be purpose of carrying out the confined to the smallest area provisions of this Act. Approved, compatible with proper care and June 8, 1906 management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bonafied unperfected claim or held in private ownership, the tract, or so much thereof as may

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 41 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Appendix C Continued (b) The Congress finds and declares that — National Historic Preservation Act (1) the spirit and direction of the of 1966, Nation are founded upon and As amended through 2000 reflected in its historic heritage; [With annotations] (2) the historical and cultural [This Act became law on October 15, foundations of the Nation should be 1966 (Public Law 89665; 16 U.S.C. preserved as a living part of our 470 et seq.). Subsequent community life and development in amendments to the Act include Public order to give a sense of orientation Law 91243, Public Law 9354, Public to the American people; Law 94422, Public Law 94 (3) historic properties significant 458, Public Law 96199, Public Law to the Nation's heritage are being 96244, Public Law 96515, Public lost or substantially altered, often Law 98483, Public Law 99514, inadvertently, with increasing Public Law 100127, Public Law 102 frequency; 575, Public Law 103437, Public Law (4) the preservation of this 104333, Public Law 106113, irreplaceable heritage is in the Public Law 106176, Public Law 106 public interest so that its vital 208, and Public Law 106355. This legacy of cultural, educational, description of the Act, as aesthetic, inspirational, economic, amended, tracts the language of the and energy benefits will be United States Code except that (in maintained and enriched for future following common usage) we refer to generations of Americans; the “Act”(meaning the Act, as (5) in the face of everincreasing amended) rather than to the extensions of urban centers, “subchapter” or the “title” of the highways, and residential, Code. This commercial, and industrial description also excludes some of developments, the present the notes found in the Code as well governmental and nongovernmental as those sections of the amendments historic preservation programs and dealing with completed reports. activities are inadequate to insure Until the Code is updated through future generations a genuine the end of the 106th Congress, the opportunity to appreciate and enjoy Code citations for Sections 308 and the rich heritage of our Nation; 309 are speculative.] (6) the increased knowledge of our historic resources, the AN ACT to Establish a Program for establishment of better means of the Preservation of Additional identifying and administering them, Historic Properties throughout the and the encouragement of their Nation, and for Other Purposes. preservation will improve the Section 1 [16 U.S.C. 470 — Short planning and execution of Federal title of the Act] and federally assisted projects and (a) This Act may be cited as the will assist economic growth and "National Historic Preservation development; and Act". [Purpose of the Act] (7) although the major burdens of historic preservation have been

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 42 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) borne and major efforts initiated by prehistoric and historic resources private agencies and individuals, in a spirit of stewardship for the and both should continue to play a inspiration and benefit of present vital role, it is nevertheless and future generations; necessary and appropriate for the (4) contribute to the preservation Federal Government to accelerate its of nonfederally owned prehistoric historic preservation programs and and historic resources and give activities, to give maximum maximum encouragement to encouragement to agencies and organizations and individuals individuals undertaking preservation undertaking preservation by private by private means, and to assist means; State and local governments and the (5) encourage the public and private National Trust for Historic preservation and utilization of all Preservation in the United States to usable elements of the Nation's expand and accelerate their historic historic built environment; and preservation programs and (6) assist State and local activities. governments, Indian tribes and Section 2 [16 U.S.C. 470-1 — Native Hawaiian organizations and Declaration of policy of the Federal the National Trust for Historic Government] Preservation in the United States to It shall be the policy of the expand and accelerate their historic Federal Government, in cooperation preservation programs and with other nations and in activities. partnership with the States, local TITLE I governments, Indian tribes, and Section 101 [16 U.S.C. 470a(a) — private organizations and National Register of Historic individuals to — Places, expansion and maintenance] (1) use measures, including (a) (1) (A) The Secretary of the financial and technical assistance, Interior is authorized to expand and to foster conditions under which our maintain a National Register of modern society and our prehistoric Historic Places composed of and historic resources can exist in districts, sites, buildings, productive harmony and fulfill the structures, and objects significant social, economic, and other in American history, architecture, requirements of present and future archaeology, engineering, and generations; culture. (2) provide leadership in the Notwithstanding section 1125(c) of preservation of the prehistoric and Title 15 [of the U.S. Code], historic resources of the United buildings and structures on or States and of the international eligible for inclusion on the community of nations and in the National Register of Historic Places administration of the national (either individually or as part of a preservation program in partnership historic district), or designated as with States, Indian tribes, Native an individual landmark or as a Hawaiians, and local governments; contributing building in a historic (3) administer federally owned, district by a unit of State or local administered, or controlled government, may retain the name

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 43 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) historically associated with the — building or structure. [National (A) nominating properties for Historic Landmarks, designation] inclusion in, and removal from, the (B) Properties meeting the criteria National Register and the for National Historic Landmarks recommendation of properties by established pursuant to paragraph certified local governments; (2) shall be designated as "National (B) designating properties as Historic Landmarks" and included on National Historic Landmarks and the National Register, subject to removing such designation; the requirements of paragraph (6). (C) considering appeals from such All historic properties included on recommendations, nomination, the National Register on December removals, and designations (or any 12, 1980 [the date of enactment of failure or refusal by a nominating the National Historic Preservation authority to nominate or designate); Act Amendments of 1980], shall be (D) nominating historic properties deemed to be included on the for inclusion in the World Heritage National Register as of their List in accordance with the terms initial listing for purposes of this of the Convention concerning the Act. All historic properties listed Protection of the World Cultural and in the Federal Register of February Natural Heritage; 6, 1979, as "National Historic (E) making determinations of Landmarks" or thereafter prior to eligibility of properties for the effective date of this Act are inclusion on the National Register; declared by Congress to be National and historic Landmarks of national (F) notifying the owner of a historic significance as of their property, any appropriate local initial listing as such in the governments, and the general public, Federal Register for purposes of when the property is being this Act and the Act of August 21, considered for inclusion on the 1935 (49 Stat.666) [16 U.S.C. 461 to National Register, for designation 467]; except that in cases of as a National Historic Landmark or National Historic Landmark districts for nomination to the World Heritage for which no boundaries have been List. [Nominations to the National established, boundaries must first Register] be published in the Federal (3) Subject to the requirements of Register. [Criteria for National paragraph (6), any State which is Register and National Historic carrying out a program approved Landmarks and regulations] under subsection (b) of this (2) The Secretary in consultation section, shall nominate to the with national historic and Secretary properties which meet the archaeological associations, shall criteria promulgated under establish or revise criteria for subsection (a) of this section for properties to be included on the inclusion on the National Register. National Register and criteria for Subject to paragraph (6), any National Historic Landmarks, and property nominated under this shall also promulgate or revise paragraph or under section 110 regulations as may be necessary for (a)(2) of this Act shall be included

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 44 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) on the National Register on the date such property, or a majority of the fortyfive days after receipt by the owners of the properties within the Secretary of the nomination and the district in the case of an historic necessary documentation, unless the district, shall be given the Secretary disapproves such opportunity (including a reasonable nomination within such fortyfive period of time) to concur in, or day period or unless an appeal is object to, the nomination of the filed under paragraph (5). property or district for such [Nominations from individuals and inclusion or designation. If the local governments] owner or owners of any privately (4) Subject to the requirements of owned property, or a majority of the paragraph (6) the Secretary may owners of such properties within the accept a nomination directly from district in the case of an historic any person or local government for district, object to such inclusion inclusion of a property on the or designation, such property shall National Register only if such not be included on the National property is located in a State where Register or designated as a National there is no program approved under Historic Landmark until such subsection (b) of this section. The objection is withdrawn. The Secretary may include on the Secretary shall review the National Register any property for nomination of the property or which such a nomination is made if district where any such objection he determines that such property is has been made and shall determine eligible in accordance with the whether or not the property or regulations promulgated under district is eligible for such paragraph (2). Such determinations inclusion or designation, and if the shall be made within ninety days Secretary determines that such from the date of nomination unless property or district is eligible for the nomination is appealed under such inclusion or designation, he paragraph shall inform the Advisory Council on (5). [Appeals of nominations] Historic Preservation, the (5) Any person or local government appropriate State Historic may appeal to the Secretary a Preservation Officer, the nomination of any historic property appropriate chief elected local for inclusion on the National official and the owner or owners of Register and may appeal to the such property, of his determination. Secretary the failure or refusal of The regulations under this paragraph a nominating authority to nominate a shall include provisions to carry property in accordance with this out the purposes of this paragraph subsection. [Owner participation in in the case of multiple ownership of nomination process] a single property. [Regulations for (6) The Secretary shall promulgate curation, documentation, and local regulations requiring that before government certification] any property or district may be (7) The Secretary shall promulgate, included on the National Register or or revise, regulations designated as a National Historic (A) ensuring that significant Landmark, the owner or owners of

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 45 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) prehistoric and historic artifacts, Conference of State Historic and associated records, subject to Preservation Officers and the section 110 of this Act [16 U.S.C. National Trust for Historic 470h2], the Act of June 27, 1960 Preservation, shall promulgate or (16 U.S.C. 469c), and the revise regulations for State Archaeological Resources Protection Historic Preservation Programs. Such Act of 1979 (16 U.S.C. 470aa and regulations shall provide that a following) are deposited in an State program submitted to the institution with adequate longterm Secretary under this section shall curatorial capabilities; be approved by the Secretary if he (B) establishing a uniform process determines that the program — and standards for documenting [Designation of the State Historic historic properties by public Preservation Officer (SHPO)] agencies and private parties for (A) provides for the designation and purposes of incorporation into, or appointment by the Governor of a complementing, the national historic "State Historic Preservation architectural and engineering Officer" to administer such program records within the Library of in accordance with paragraph (3) and Congress; and for the employment or appointment by (C) certifying local governments, in such officer of such professionally accordance with subsection (c)(1) of qualified staff as may be necessary this section and for the allocation for such purposes; [Designation of of funds pursuant to section 103 (c) the State Review Board] of this Act [16 U.S.C. 470c(c)]. (B) provides for an adequate and [Review threats to eligible and qualified State historic listed properties and recommend preservation review board designated action] by the State Historic Preservation (8) The Secretary shall, at least Officer unless once every 4 years, in consultation otherwise provided for by State law; with the Council and with State and Historic Preservation Officers, (C) provides for adequate public review significant threats to participation in the State Historic properties included in, or eligible Preservation Program, including the for inclusion on, the National process of recommending properties Register, in order to — for nomination to the National (A) determine the kinds of Register. [Review of State programs] properties that may be threatened; (2) (A) Periodically, but not less (B) ascertain the causes of the than every 4 years after the threats; and approval of any State program under (C) develop and submit to the this subsection, the Secretary, in President and Congress consultation with the Council on the recommendations for appropriate appropriate provisions of this Act, action. and in cooperation with the State [16 U.S.C. 470a(b) — State Historic Historic Preservation Officer, shall Preservation Programs] evaluate the program to determine (b) (1) The Secretary, in whether it is consistent with this consultation with the National Act.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 46 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (B) If, at any time, the Secretary and private organizations and determines that a major aspect of a individuals, direct and conduct a State program is not consistent with comprehensive statewide survey this Act, the Secretary shall of historic properties and maintain disapprove the program and suspend inventories of such properties; in whole or in part any contracts or (B) identify and nominate eligible cooperative agreements with the properties to the National Register State and the State Historic and otherwise administer Preservation Officer under this Act, applications for listing historic until the program is consistent with properties on the National Register; this Act, unless the Secretary (C) prepare and implement a determines that the program will be comprehensive statewide historic made consistent with this Act within preservation plan; a reasonable period of time. (D) administer the State program of (C) The Secretary, in consultation Federal assistance for historic with State Historic Preservation preservation within the State; Officers, shall establish oversight (E) advise and assist, as methods to ensure State program appropriate, Federal and State consistency and quality without agencies and local governments in imposing undue review burdens on carrying out their historic State Historic Preservation preservation responsibilities; Officers. (F) cooperate with the Secretary, (D) At the discretion of the the Advisory Council on Historic Secretary, a State system of fiscal Preservation, and other Federal and audit and management may be State agencies, local governments, substituted for comparable Federal and organizations and systems so long as the State system individuals to ensure that historic — properties are taken into (i) establishes and maintains consideration at all levels of substantially similar accountability planning and development; standards; and (G) provide public information, (ii) provides for independent education, and training, and professional peer review. technical assistance in historic The Secretary may also conduct preservation; periodic fiscal audits of State (H) cooperate with local governments programs approved under this section in the development of local historic as needed and shall ensure that such preservation programs and assist programs meet applicable local governments in becoming accountability standards. certified pursuant to subsection [SHPO responsibilities] (c) of this section; (3) It shall be the responsibility (I) consult with the appropriate of the State Historic Preservation Federal agencies in accordance with Officer to administer the State this Act on — Historic Preservation Program and to (i) Federal undertakings that may — affect historic properties; and (A) in cooperation with Federal and (ii) the content and sufficiency of State agencies, local governments, any plans developed to protect,

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 47 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) manage, or to reduce or mitigate (iv) Maintenance of historical and harm to such properties; and archaeological data bases. (J) advise and assist in the (v) Evaluation of eligibility for evaluation of proposals for Federal preservation incentives. rehabilitation projects that may Nothing in this paragraph shall be qualify for Federal assistance. construed to provide that any State [Arrangements with nonprofit Historic Preservation Officer or any organizations] other person other than the (4) Any State may carry out all or Secretary shall have the authority any part of its responsibilities to maintain the National Register under this subsection by contract or for properties in any State. cooperative agreement with any (B) The Secretary may enter into a qualified nonprofit organization or contract or cooperative agreement educational institution. under subparagraph [Approval of existing programs] (A) only if — (5) Any State historic preservation (i) the State Historic Preservation program in effect under prior Officer has requested the additional authority of law may be treated as responsibility; an approved program for purposes of (ii) the Secretary has approved the this subsection until the earlier of State historic preservation program — pursuant to subsection (b)(1) and (A) the date on which the Secretary (2) of this section; approves a program submitted by the (iii) the State Historic State under this subsection, or Preservation Officer agrees to carry B) three years after October 30, out the additional responsibility in 1992 [the date of the enactment of a timely and efficient manner the National Historic Preservation acceptable to the Secretary and the Act Amendments of 1992]. [Contracts Secretary determines that such or cooperative agreements with State Officer is fully capable of carrying Historic Preservation Officers] out such responsibility in such (6) (A) Subject to subparagraphs (C) manner; and (D), the Secretary may enter (iv) the State Historic Preservation into contracts or cooperative Officer agrees to permit the agreements with a State Historic Secretary to review and revise, as Preservation Officer for any State appropriate in the discretion of the authorizing such Officer to assist Secretary, decisions made by the the Secretary in carrying out one or Officer pursuant to such contract or more of the following cooperative agreement; and responsibilities within that State — (v) the Secretary and the State (i) Identification and preservation Historic Preservation Officer agree of historic properties. on the terms of additional financial (ii) Determination of the assistance to the State, if there is eligibility of properties for to be any, for the costs of carrying listing on the National Register. out such responsibility. (iii) Preparation of nominations for (C) For each significant program inclusion on the National Register. area under the Secretary's authority, the Secretary shall

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 48 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) establish specific conditions and for nomination to the National criteria essential for the Register; and assumption by State Historic (E) satisfactorily performs the Preservation Officers of the responsibilities delegated to it Secretary's duties in each such under this Act. Where there is no program. approved State program, a local (D) Nothing in this subsection shall government may be certified by the have the effect of diminishing the Secretary if he determines that such preservation programs and activities local government meets the of the National Park Service. requirements of subparagraphs (A) [16 U.S.C. 470a(c) — Certification through (E); and in any such case of local governments] the Secretary may make grantsinaid (c) (1) Any State program approved to the local government for purposes under this section shall provide a of this section. [Participation of mechanism for the certification by certified local governments in the State Historic Preservation National Register nominations] Officer of local governments to (2) (A) Before a property within the carry out the purposes of this Act jurisdiction of the certified local and provide for the transfer, in government may be considered by the accordance with section 103(c) of State to be nominated to the this Act [16 U.S.C. 470c(c)], of a Secretary for inclusion on the portion of the grants received by National Register, the State the States under this Act, to such Historic Preservation Officer shall local governments. Any local notify the owner, the applicable government shall be certified to chief local elected official, and participate under the provisions of the local historic preservation this section if the applicable State commission. The commission, after Historic Preservation Officer, and reasonable opportunity for public the Secretary, certifies that the comment, shall prepare a report local government — as to whether or not such property, (A) enforces appropriate State or in its opinion, meets the criteria local legislation for the of the National Register. Within designation and protection of sixty days of notice from the State historic properties; Historic Preservation Officer, the (B) has established an adequate and chief local elected official shall qualified historic preservation transmit the report of the review commission by State or local commission and his recommendation to legislation; the state Historic Preservation (C) maintains a system for the Officer. Except as provided in survey and inventory of historic subparagraph (B), after receipt of properties that furthers the such report and recommendation, or purposes of subsection (b) of this if no such report and recommendation section; are received within sixty days, the (D) provides for adequate public State shall make the nomination participation in the local historic pursuant to subsection (a) of this preservation program, including the subsection. The State may expedite process of recommending properties

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 49 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) such process with the concurrence of affect historic properties the certified local government. designated pursuant to this (B) If both the commission and the subsection. [16 U.S.C. 470a(d) — chief local elected official Establish program and regulations to recommend that a property not be assist Indian tribes] nominated to the National Register, (d) (1) (A) The Secretary shall the State Historic Preservation establish a program and promulgate Officer shall take no further regulations to assist Indian tribes action, unless within thirty days of in preserving their particular the receipt of such recommendation historic properties. The Secretary by the State Historic Preservation shall foster communication and Officer an appeal is filed with the cooperation between Indian tribes State. If such an appeal is filed, and State Historic Preservation the State shall follow the Officers in the administration of procedures for making a nomination the national historic preservation pursuant to subsection (a) of this program to ensure that all types of section. Any report and historic properties and all public recommendations made under this interests in such properties are section shall be included with any given due consideration, and to nomination submitted by the State to encourage coordination among Indian the Secretary. tribes, State Historic Preservation (3) Any local government certified Officers, and Federal agencies in under this section or which is historic preservation planning and making efforts to become so in the identification, evaluation, certified shall be eligible for protection, and interpretation of funds under the provision of section historic properties. 103 (c) of this Act [16 U.S.C. (B) The program under subparagraph 470c(c)], and shall carry out any (A) shall be developed in such a responsibilities delegated to it in manner as to ensure that tribal accordance with such terms and values are taken into account to the conditions as the extent feasible. The Secretary may Secretary deems necessary or waive or modify requirements of this advisable. [Definitions] section to conform to the cultural (4) For the purposes of this section setting of tribal heritage the term — preservation goals and objectives. (A) "designation" means the The tribal programs implemented by identification and registration of specific tribal organizations may properties for protection that meet vary in scope, as determined by each criteria established by the State or tribe's chief governing authority. the locality for significant (C) The Secretary shall consult with historic and prehistoric resources Indian tribes, other Federal within the jurisdiction of a local agencies, State Historic government; and Preservation Officers, and other (B) "protection" means a local interested parties and initiate the review process under State or local program under subparagraph (A) by law for proposed demolition of, not later than October 1, 1994. changes to, or other action that may [Indian Tribes may assume State

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 50 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Historic Preservation Officer (iii) that the plan provides, with functions] respect to properties neither owned (2) A tribe may assume all or any by a member of the tribe nor held in part of the functions of a State trust by the Secretary for the Historic Preservation Officer in benefit of the tribe, at the request accordance with subsections (b)(2) of the owner thereof, the State and (b)(3) of this section, with Historic Preservation Officer, in respect to tribal lands, as such addition to the tribal preservation responsibilities may be modified for official, may exercise the historic tribal programs through regulations preservation responsibilities in issued by the Secretary if — accordance with subsections (b)(2) (A) the tribe's chief governing and (b)(3) authority so requests; of this section; and (B) the tribe designates a tribal (E) based on satisfaction of the preservation official to administer conditions stated in subparagraphs the tribal historic preservation (A), (B), (C), and (D), the program, through appointment by the Secretary approves the plan. tribe's chief governing authority or (3) In consultation with interested as a tribal ordinance may otherwise Indian tribes, other Native American provide; organizations and affected State (C) the tribal preservation official Historic Preservation Officers, the provides the Secretary with a plan Secretary shall establish and describing how the functions the implement procedures tribal preservation official for carrying out section 103(a) of proposes to assume will be carried this Act with respect to tribal out; programs that assume (D) the Secretary determines, after responsibilities under paragraph consultation with the tribe, the (2). appropriate State Historic (4) At the request of a tribe whose Preservation Officer, the Council preservation program has been (if the tribe proposes to assume the approved to assume functions and functions of the State Historic responsibilities pursuant to Preservation Officer with respect to paragraph (2), the Secretary shall review of undertakings under section enter into contracts or cooperative 106 of this Act), and other tribes, agreements with such tribe if any, whose tribal or aboriginal permitting the assumption by the lands may be affected by conduct of tribe of any part of the the tribal preservation program — responsibilities referred to in (i) that the tribal preservation subsection (b)(6) of this section on program is fully capable of carrying tribal land, if — out the functions specified in the (A) the Secretary and the tribe plan provided under subparagraph agree on additional financial (C); assistance, if any, to the tribe for (ii) that the plan defines the the costs of carrying out such remaining responsibilities of the authorities; Secretary and the State Historic (B) the Secretary finds that the Preservation Officer; and tribal historic preservation program

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 51 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) has been demonstrated to be attaches religious and cultural sufficient to carry out the contract significance to properties described or cooperative agreement and this in subparagraph (A). Act; and (C) In carrying out his or her (C) the contract or cooperative responsibilities under subsection agreement specifies the continuing (b)(3) of this section, the State responsibilities of the Secretary or Historic Preservation Officer for of the appropriate State Historic the State of Hawaii shall — Preservation Officers and provides (i) consult with Native Hawaiian for appropriate participation by — organizations in assessing the (i) the tribe's traditional cultural cultural significance of any authorities; property in determining whether to (ii) representatives of other tribes nominate such property to the whose traditional lands are under National Register; the jurisdiction of the tribe (ii) consult with Native Hawaiian assuming responsibilities; and organizations in developing the (iii) the interested public. cultural component of a preservation (5) The Council may enter into an program or plan for such property; agreement with an Indian tribe to and permit undertakings on tribal land (iii) enter into a memorandum of to be reviewed under tribal historic understanding or agreement with preservation regulations in place of Native Hawaiian organizations for review under regulations promulgated the assessment of the cultural by the Council to govern compliance significance of a property in with section 106 of this Act, if the determining whether to nominate such Council, after consultation with the property to the National Register tribe and appropriate State Historic and to carry out the cultural Preservation Officers, determines component of such preservation that the tribal preservation program or plan. regulations will afford historic [16 U.S.C. 470a(e) — Grants to properties consideration equivalent States] to those afforded by the Council's (e) (1) The Secretary shall regulations. [Traditional religious administer a program of matching and cultural properties may be grants to the States for the eligible for listing in the National purposes of carrying out this Act. Register] [Grants to the National Trust] (6) (A) Properties of traditional (2) The Secretary may administer religious and cultural importance to grants to the National Trust for an Indian tribe or Native Hawaiian Historic Preservation in the United organization may be determined to be States, chartered by Act of Congress eligible for inclusion on the approved October 26, 1949 (63 Stat. National Register. 927) [16 U.S.C. 468], consistent (B) In carrying out its with the purposes of its charter and responsibilities under section 106 this Act. [Direct grants for of this Act, a Federal agency shall threatened National Historic consult with any Indian tribe or Landmarks, demonstration projects, Native Hawaiian organization that

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 52 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) training, and displacement ethnic or minority groups for the prevention] preservation of their cultural (3) (A) In addition to the programs heritage. under paragraphs (1) and (2), the (C) Grants may be made under Secretary shall administer a program subparagraph (A)(i) and (iv) only to of direct grants for the the extent that the project cannot preservation of properties included be carried out in as effective a on the National Register. Funds to manner through the use of an insured support such program annually shall loan under section 104 of this Act. not exceed 10 per centum of the [Grants for religious properties] amount appropriated annually for the (4) Grants may be made under this fund established under subsection for the preservation, section 108 of this Act. These stabilization, restoration, or grants may be made by the Secretary, rehabilitation of religious in consultation with the appropriate properties listed in the National State Historic Preservation Officer Register of Historic Places, — provided that the purpose of the (i) for the preservation of National grant is secular, does not promote Historic Landmarks which are religion, and seeks to protect those threatened with demolition or qualities that are historically impairment and for the preservation significant. Nothing in this of historic properties of World paragraph shall be construed to Heritage significance, authorize the use of any funds made (ii) for demonstration projects available under this section for the which will provide information acquisition of any property referred concerning professional methods and to in the preceding sentence. techniques having application to [Direct grants to Indian tribes and historic properties, Native Hawaiian organizations] (iii) for the training and (5) The Secretary shall administer a development of skilled labor in program of direct grants to Indian trades and crafts, and in analysis tribes and Native Hawaiian and curation, relating to historic organizations for the purpose of preservation, and carrying out this Act as it pertains (iv) to assist persons or small to Indian tribes and Native Hawaiian businesses within any historic organizations. Matching fund district included in the National requirements may be modified. Register to remain within the Federal funds available to a tribe district. [Grants or loans to Indian or Native Hawaiian organization may tribes and nonprofit ethnic or be used as matching funds for the minority organizations for purposes of the tribe's or preserving cultural heritage] organization's conducting its (B) The Secretary may also, in responsibilities pursuant to this consultation with the appropriate section. [Direct grants to State Historic Preservation Officer, Micronesia, Marshall Islands, and make grants or loans or both under Palau] this section to Indian tribes and to (6) (A) As a part of the program of nonprofit organizations representing matching grant assistance from the

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 53 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Historic Preservation Fund to (f) No part of any grant made under States, the Secretary shall this section may be used to administer a program of direct compensate any person intervening in grants to the Federated States of any proceeding under this Act. Micronesia, the Republic of the [16 U.S.C. 470a(g) — Guidelines for Marshall Islands, the Trust Federal agency responsibilities] Territory of the Pacific Islands, (g) In consultation with the and upon termination of the Advisory Council on Historic Trusteeship Agreement for the Trust Preservation, the Secretary shall Territory of the Pacific Islands, promulgate guidelines for Federal the Republic of Palau (referred to agency responsibilities under as the Micronesian States) in section 110 of this Act. furtherance of the Compact of Free [16 U.S.C. 470a(h) — Preservation Association between the United standards for federally owned States and the Federated States of properties] Micronesia and the Marshall Islands, (h) Within one year after December approved by the Compact of Free 12, 1980 [the date of enactment of Association Act of 1985 (48 U.S.C. the National Historic Preservation 1681 note), the Trusteeship Act Amendments of 1980], the Agreement for the Trust Territory of Secretary shall establish, in the Pacific Islands, and the Compact consultation with the Secretaries of of Free Association between the Agriculture and Defense, the United States and Palau, approved by Smithsonian Institution, and the the Joint Resolution entitled “Joint Administrator of the General Resolution to approve the ‘Compact Services Administration, of Free Association’ between the professional standards for the United States and Government of preservation of historic properties Palau, and for other purposes” (48 in Federal ownership or control. U.S.C. 1681 note). The goal of the [16 U.S.C. 470a(i) — Technical program shall be to establish advice] historic and cultural preservation (i) The Secretary shall develop and programs that meet the unique needs make available to Federal agencies, of each Micronesian State so that at State and local governments, private the termination of the compacts the organizations and individuals, and programs shall be firmly other nations and international established. The Secretary may waive organizations pursuant to the World or modify the requirements of this Heritage Convention, training in, section to conform to the cultural and information concerning, setting of those nations. professional methods and techniques (B) The amounts to be made available for the preservation of historic to the Micronesian States shall be properties and for the allocated by the Secretary on the administration of the historic basis of needs as determined by the preservation program at the Federal, Secretary. Matching funds may be State, and local level. The waived or modified. Secretary shall also develop [16 U.S.C. 470a(f) — Prohibition on mechanisms to provide information compensating intervenors] concerning historic preservation to

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 54 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) the general public including Section 102 [16 U.S.C. 470b(a ) — students. Grant requirements] [16 U.S.C. 470a(j) — Develop and (a) No grant may be made under this implement a comprehensive Act — preservation education and training (1) unless application therefore is program] submitted to the Secretary in (j) (1) The Secretary shall, in accordance with regulations and consultation with the Council and procedures prescribed by him; other appropriate Federal, tribal, (2) unless the application is in Native Hawaiian, and nonFederal accordance with the comprehensive organizations, develop and implement statewide historic preservation a comprehensive preservation plan which has been approved by the education and training program. Secretary after considering its (2) The education and training relationship to the comprehensive program described in paragraph (1) statewide outdoor recreation plan shall include — prepared pursuant to the Land and (A) new standards and increased Water Conservation Fund Act of 1965 preservation training opportunities (78 Stat. 897) [16 U.S.C. 460l4]; for Federal workers involved in (3) for more than 60 percent of the preservationrelated functions; aggregate costs of carrying out (B) increased preservation training projects and programs under the opportunities for other Federal, administrative control of the State State, tribal and local government Historic Preservation Officer as workers, and students; specified in section 101(b)(3) of (C) technical or financial this Act in any one fiscal year; assistance, or both, to historically (4) unless the grantee has agreed to black colleges and universities, to make such reports, in such form and tribal colleges, and to colleges containing such information as the with a high enrollment of Native Secretary may from time to time Americans or Native Hawaiians, to require; establish preservation training and (5) unless the grantee has agreed to degree programs; and assume, after completion of the (D) coordination of the following project, the total cost of the activities, where appropriate, with continued maintenance, repair, and the National Center for Preservation administration of the property in a Technology and Training — manner satisfactory to the (i) distribution of information on Secretary; and preservation technologies; (6) until the grantee has complied (ii) provision of training and skill with such further terms and development in trades, crafts, and conditions as the Secretary may deem disciplines related to historic necessary or advisable. Except as preservation in Federal training and permitted by other law, the State development programs; and share of the costs referred to in (iii) support for research, paragraph (3) shall be contributed analysis, conservation, curation, by nonFederal sources. interpretation, and display related Notwithstanding any other provision to preservation. of law, no grant made pursuant to

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 55 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) this Act shall be treated as taxable Section 103 [16 U.S.C. 470c(a) — income for purposes of the Internal Basis for apportionment of grants] Revenue Code of 1986 [Title 26 of (a) The amounts appropriated and the U.S. Code]. made available for grants to the [16 U.S.C. 470b(b) — Waiver for the States for the purposes of this Act National Trust] shall be apportioned among the (b) The Secretary may in his States by the Secretary on the basis discretion waive the requirements of of needs as determined by him. subsection (a), paragraphs (2) and [16 U.S.C. 470c(b) — Apportionment (5) of this section for any grant basis, notice, reapportionment, under this Act to the National Trust etc.] for Historic Preservation in the (b) The amounts appropriated and United States. made available for grants to the [16 U.S.C. 470b(c*) — State States for projects and programs limitation on matching] under this Act for each fiscal year [*Technically, subsection (c) was shall be apportioned among the repealed and replaced by two States as the Secretary determines subsection “d”s] to be appropriate. The Secretary (c*) No State shall be permitted to shall notify each State of its utilize the value of real property apportionment under this subsection obtained before October 15, 1966 within thirty days following the [the date of enactment of legislation date of approval of this Act], in appropriating funds under this Act. meeting the remaining cost of a Any amount of any project for which a grant is made apportionment that has not been paid under this Act. [16 U.S.C. 470b(d) — or obligated by the Secretary during Availability of funds] the fiscal year in which such (d) The Secretary shall make funding notification is given and for two available to individual States and fiscal years thereafter, shall be the National Trust for Historic reapportioned by the Secretary in Preservation as soon as practicable accordance with this subsection. The after execution of a grant Secretary shall analyze and revise agreement. For purposes of as necessary the method of administration, grants to individual apportionment. Such method and any States and the National Trust each revision thereof shall be published shall be considered to be one grant by the Secretary in the Federal and shall be administered by the Register. National Park Service as such. [16 [16 U.S.C. 470c(c) — Requirements U.S.C. 470b(e) — Administrative for certified local government pass Costs] through subgrants] (e) The total administrative costs, (c) A minimum of 10 per centum of direct and indirect, charged for the annual apportionment distributed carrying out State projects and by the Secretary to each State for programs may not exceed 25 percent the purposes of carrying out this of the aggregate costs except in the Act shall be transferred by the case of grants under section State, pursuant to the requirements 101(e)(6) of this Act. of this Act, to local governments

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 56 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) which are certified under section (1) the loan is made by a private 101(c) of this Act for historic lender approved by the Secretary as preservation projects or programs of financially sound and able to such local governments. In any year service the loan properly; in which the total annual (2) the amount of the loan, and apportionment to the States exceeds interest rate charged with respect $65,000,000, one half of the excess to the loan, do not exceed such shall also be transferred by the amount, and such a rate, as is States to local governments established by the Secretary, by certified pursuant to section 101(c) rule; of this Act. [16 U.S.C. 470c(d) — (3) the Secretary has consulted the Guidelines for State distribution to appropriate State Historic certified local governments] Preservation Officer concerning the (d) The Secretary shall establish preservation of the historic guidelines for the use and property; distribution of funds under (4) the Secretary has determined subsection (c) of this section to that the loan is adequately secured insure that no local government and there is reasonable assurance of receives a disproportionate share of repayment; the funds available, and may include (5) the repayment period of the loan a maximum or minimum limitation on does not exceed the lesser of forty the amount of funds distributed to years or the expected life of the any single local government. The asset financed; guidelines shall not limit the (6) the amount insured with respect ability of any State to distribute to such loan does not exceed 90 per more than 10 per centum of its centum of the loss sustained by the annual apportionment under lender with respect to the loan; and subsection (c) of this section, nor (7) the loan, the borrower, and the shall the Secretary require any historic property to be preserved State to exceed the 10 per centum meet other terms and conditions as minimum distribution to local may be prescribed by the Secretary, governments. by rule, especially terms and Section 104 [16 U.S.C. 470d(a) — conditions relating to the nature Insured loans for National Register] and quality of the preservation (a) The Secretary shall establish work. [Interest rates] The Secretary and maintain a program by which he shall consult with the Secretary of may, upon application of a private the Treasury regarding the interest lender, insure loans (including rate of loans insured under this loans made in accordance with a section. mortgage) made by such lender to [16 U.S.C. 470d(c) — Limitation on finance any project for the loan authority] preservation of a property included (c) The aggregate unpaid principal on the National Register. [16 U.S.C. balance of loans insured under this 470d(b) — Requirements] section and outstanding at any one (b) A loan may be insured under this time may not exceed the amount which section only if — has been covered into the Historic Preservation Fund pursuant to

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 57 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) section 108 of this Act and [16 U.S.C. 470d(g) — Conveyance of subsections (g) and (i) of this foreclosed property] section, as in effect on December (g) (1) In any case in which a 12, 1980 [the date of the enactment historic property is obtained of the Act], but which has not been pursuant to subsection (f) of this appropriated for any purpose. [16 section, the Secretary shall attempt U.S.C. 470d(d) — Assignability and to convey such property to any effect] governmental or nongovernmental (d) Any contract of insurance entity under such conditions as will executed by the Secretary under this ensure the property's continued section may be assignable, shall be preservation and use; except that an obligation supported by the full if, after a reasonable time, the faith and credit of the United Secretary, in consultation with the States, and shall be incontestable Advisory Council on Historic except for fraud or Preservation, determines that there misrepresentation of which the is no feasible and prudent means to holder had actual knowledge at the convey such property and to ensure time it became a holder. its continued preservation and [16 U.S.C. 470d(e) — Method of use, then the Secretary may convey payment for losses] the property at the fair market (e) The Secretary shall specify, by value of its interest in such rule and in each contract entered property to any entity without into under this section, the restriction. conditions and method of payment to (2) Any funds obtained by the a private lender as a result of Secretary in connection with the losses incurred by the lender on any conveyance of any property pursuant loan insured under this section. to paragraph (1) shall be covered [16 U.S.C. 470d(f) — Protection of into the historic preservation fund, Government's financial interests; in addition to the amounts covered foreclosure] into such fund pursuant to section (f) In entering into any contract to 108 of this Act and subsection (i) insure a loan under this section, of this section, and shall remain the Secretary shall take steps to available in such fund until assure appropriated by the Congress to adequate protection of the financial carry out the purposes of this Act. interests of the Federal Government. [16 U.S.C. 470d(h) — Fees] The Secretary may — (h) The Secretary may assess (1) in connection with any appropriate and reasonable fees in foreclosure proceeding, obtain, on connection with insuring loans under behalf of the Federal Government, this section. Any such fees shall be the property securing a loan insured covered into the Historic under this title; and Preservation Fund, in addition to (2) operate or lease such property the amounts covered into such fund for such period as may be necessary pursuant to section 108 of this Act to protect the interest of the and subsection (g) of this section, Federal Government and to carry out and shall remain available in such subsection (g) of this section. fund until appropriated by the

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 58 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Congress to carry out the purposes of that portion of the cost of the of this Act. project or undertaking supplied by [16 U.S.C. 470d(i) — Loans to be other sources, and such other considered nonFederal funds] records as will facilitate an (i) Notwithstanding any other effective audit. Section 106 [16 provision of law, any loan insured U.S.C. 470f — Advisory Council on under this section shall be treated Historic Preservation, comment on as nonFederal funds for the Federal undertakings] The head of purposes of satisfying any any Federal agency having direct or requirement of any other provision indirect jurisdiction over a of law under which Federal funds to proposed Federal or federally be used for any project or activity assisted undertaking in any State are conditioned upon the use of non and the head of any Federal Federal funds by the recipient for department or independent agency payment of any portion of the costs having authority to license any of such project or activity. undertaking shall, prior to the [16 U.S.C. 470d(j) — Appropriation approval of the expenditure of any authorization] Federal funds on the undertaking or (j) Effective after the fiscal year prior to the issuance of any 1981 there are authorized to be license, as the case may be, take appropriated, such sums as may be into account the effect of the necessary to cover payments incurred undertaking on any district, site, pursuant to subsection (e) of this building, structure, or object that section. is included in or eligible for [16 U.S.C. 470d(k) — Prohibition inclusion in the National Register. against acquisition by Federal The head of any such Federal agency Financing Bank] shall afford the Advisory Council on (k) No debt obligation which is made Historic Preservation established or committed to be made, or which is under Title II of this Act a insured or committed to be insured, reasonable opportunity to comment by the Secretary under this section with regard to such undertaking. shall be eligible for purchase by, Section 107 [16 U.S.C. 470g — or commitment to purchase by, or Exemption of White House, Supreme sale or issuance to, the Federal Court, and Capitol] Nothing in this Financing Bank. Act shall be construed to be Section 105 [16 U.S.C. 470e applicable to the White House and Recordkeeping] its grounds, the Supreme Court The beneficiary of assistance under building and its grounds, or the this Act shall keep such records as United States Capitol and its the Secretary shall prescribe, related buildings and grounds. including records which fully Section 108 [16 U.S.C. 470h — disclose the disposition by the Establishment of Historic beneficiary of the proceeds of such Preservation Fund; authorization for assistance, the total cost of the appropriations] To carry out the project or undertaking in connection provisions of this Act, there is with which such assistance is given hereby established the Historic or used, and the amount and nature Preservation Fund (hereafter

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 59 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) referred to as the "fund") in the [16 U.S.C. 470h1(b) — Expenditure Treasury of the United States. There of donated funds] shall be covered into such fund (b) In expending said funds, the $24,400,000 for fiscal year 1977, Secretary shall give due $100,000,000 for fiscal year 1978, consideration to the following $100,000,000 for fiscal year 1979, factors: the national significance $150,000,000 for fiscal year 1980 of the project; its historical value and $150,000,000 for fiscal year to the community; the imminence of 1981 and $150,000,000 for each of its destruction or loss; and the fiscal years 1982 through 2005, from expressed intentions of the donor. revenues due and payable to the Funds expended under this subsection United States under the Outer shall be made available without Continental Shelf Lands Act (67 regard to the matching requirements Stat. 462, 469) as amended (43 established by section 102 of this U.S.C. 1338), and/or under section Act, but the recipient of such funds 7433(b) of Title 10, notwithstanding shall be permitted to utilize them any provision of law that such to match any grants from the proceeds shall be credited to Historic Preservation Fund miscellaneous receipts of the established by section 108 of this Treasury. Such moneys shall be used Act. only to carry out the purposes of [16 U.S.C. 470h1(c) — Transfer of this Act and shall be available for funds donated for the National Park expenditure only when appropriated Service] by the Congress. Any moneys not (c) The Secretary is hereby appropriated shall remain available authorized to transfer unobligated in the fund until appropriated for funds previously donated to the said purposes: Provided, That Secretary for purposes of the appropriations made pursuant to this National Park Service, with the paragraph may be made without fiscal consent of the donor, and any funds year limitation. so transferred shall be used or Section 109 [16 U.S.C. 470h-1(a) — expended in accordance with the Donations to the Secretary] provisions of this Act. Section 110 (a) In furtherance of the purposes [16 U.S.C. 470h-2(a) — Federal of this Act, the Secretary may agencies’ responsibility to preserve accept the donation of funds which and use historic properties] may be expended by him for projects (a) (1) The heads of all Federal to acquire, restore, preserve, or agencies shall assume responsibility recover data from any district, for the preservation of historic building, structure, site, or object properties which are owned or which is listed on the National controlled by such agency. Prior to Register of Historic Places acquiring, constructing, or leasing established pursuant to section 101 buildings for purposes of carrying of this Act, so long as the project out agency responsibilities, each is owned by a State, any unit of Federal agency shall use, to the local government, or any nonprofit maximum extent feasible, historic entity. properties available to the agency in accordance with Executive Order

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 60 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) No. 13006, issued May 21, 1996 (61 potentially affected by agency Fed. Reg. 26071). Each agency shall actions are given full consideration undertake, consistent with the in planning; preservation of such properties and (D) that the agency's preservation the mission of the agency and the related activities are carried out professional standards established in consultation with other Federal, pursuant to section 101(g) of this State, and local agencies, Indian Act, any preservation, as may be tribes, Native Hawaiian necessary to carry out this section. organizations carrying out historic [Each Federal agency to establish a preservation planning activities, preservation program to protect and and with the private sector; and preserve historic properties in (E) that the agency's procedures for consultation with others] compliance with section 106 of this (2) Each Federal agency shall Act — establish (unless exempted pursuant (i) are consistent with regulations to Section 214) of this Act, in issued by the Council pursuant to consultation with the Secretary, a section 211 of this Act; preservation program for the (ii) provide a process for the identification, evaluation, and identification and evaluation of nomination to the National Register historic properties for listing in of Historic Places, and protection the National Register and the of historic properties. Such program development and implementation of shall ensure — agreements, in consultation with (A) that historic properties under State Historic Preservation the jurisdiction or control of the Officers, local governments, Indian agency, are identified, evaluated, tribes, Native Hawaiian and nominated to the National organizations, and the interested Register; public, as appropriate, regarding (B) that such properties under the the means by which adverse effects jurisdiction or control of the on such properties will be agency as are listed in or may be considered; and eligible for the National Register (iii) provide for the disposition of are managed and maintained in a way Native American cultural items from that considers the preservation of Federal or tribal land in a manner their historic, archaeological, consistent with section 3(c) of the architectural, and cultural values Native American Grave Protection and in compliance with section 106 of Repatriation Act (25 U.S.C. this Act and gives special 3002(c)). consideration to the preservation of [16 U.S.C. 470h2(b) — Recordation such values in the case of of historic properties prior to properties designated as having demolition] National (b) Each Federal agency shall significance; initiate measures to assure that (C) that the preservation of where, as a result of Federal action properties not under the or assistance carried out by such jurisdiction or control of the agency, an historic property is to agency, but subject to be be substantially altered or

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 61 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) demolished, timely steps are taken to ensure that the prehistorical, to make or have made appropriate historical, architectural, or records, and that such records then culturally significant values will be deposited, in accordance with be preserved or enhanced. section 101(a) of this Act, in the [16 U.S.C. 470h2(f) — Federal Library of Congress or with such undertakings affecting National other appropriate agency as may be Historic Landmarks] designated by the Secretary, for (f) Prior to the approval of any future use and reference. Federal undertaking which may [16 U.S.C. 470h2(c) — Designation directly and adversely affect any of Federal agency preservation National Historic Landmark, the head officers] of the responsible Federal agency (c) The head of each Federal agency shall, to the maximum extent shall, unless exempted under section possible, undertake such planning 214 of this Act, designate a and actions as may be necessary to qualified official to be known as minimize harm to such landmark, and the agency's "preservation officer" shall afford the Advisory Council on who shall be responsible for Historic Preservation a reasonable coordinating that agency's opportunity to comment on the activities under this Act. Each undertaking. Preservation Officer may, in order [16 U.S.C. 470h2(g) — Preservation to be considered qualified, activities as an eligible project satisfactorily complete an cost] appropriate training program (g) Each Federal agency may include established by the Secretary under the costs of preservation activities section 101(h) of this Act. of such agency under this Act as [16 U.S.C. 470h2(d) — Conduct of eligible project costs in all agency programs consistent with Act] undertakings of such agency or (d) Consistent with the agency's assisted by such agency. The mission and mandates, all Federal eligible project costs may also agencies shall carry out agency include amounts paid by a Federal programs and projects (including agency to any State to be used in those under which any Federal carrying out such preservation assistance is provided or any responsibilities of the Federal Federal license, permit, or other agency under this Act, and approval is required) in accordance reasonable costs may be charged to with the purposes of this Act and, Federal licensees and permittees as give consideration to programs and a condition to the issuance of such projects which will further the license or permit. [16 U.S.C. 470h purposes of this Act. 2(h) — Preservation awards program] [16 U.S.C. 470h2(e) — Transfer of (h) The Secretary shall establish an surplus Federal historic properties] annual preservation awards program (e) The Secretary shall review and under which he may make monetary approve the plans of transferees of awards in amounts not to exceed surplus federally owned historic $1,000 and provide citations for properties not later than ninety special achievements to officers and days after his receipt of such plans employees of Federal, State, and

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 62 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) certified local governments in unless the agency, after recognition of their outstanding consultation with the Council, contributions to the preservation of determines that circumstances historic resources. Such program may justify granting such assistance include the issuance of annual despite the adverse effect created awards by the President of the or permitted by the applicant. United States to any citizen of the [16 U.S.C. 470h2(l) — Documentation United States recommended for such of Federal agency Section 106 award by the Secretary. decisions] [16 U.S.C. 470h2(i) — Applicability (l) With respect to any undertaking of National Environmental Policy subject to section 106 of this Act Act] which adversely affects any property (i) Nothing in this Act shall be included in or eligible for construed to require the preparation inclusion in the National Register, of an environmental impact statement and for which a Federal agency has where such a statement would not not entered into an agreement otherwise be required under the pursuant to regulations issued by National Environmental Policy Act of the Council, the head of such agency 1969 [42 U.S.C. 4321 et seq.], and shall document any decision made nothing is this Act shall be pursuant to section 106 of this Act. construed to provide any exemption The head of such agency may not from any requirement respecting the delegate his or her responsibilities preparation of such a statement pursuant to such section. Where a under such Act. section 106 of this Act memorandum [16 U.S.C. 470h2(j) — Disaster of agreement has been executed with waivers] respect to an undertaking, such (j) The Secretary shall promulgate memorandum shall govern the regulations under which the undertaking and all of its parts. requirements of this section may be Section 111 [16 U.S.C. 470h-3(a ) — waived in whole or in part in the Lease or exchange of Federal event of a major natural disaster or historic property] an imminent threat to the national (a) Notwithstanding any other security. provision of law, any Federal agency [16 U.S.C. 470h2(k) — Anticipatory after consultation with the Council, demolition] shall, to the extent practicable, (k) Each Federal agency shall ensure establish and implement alternatives that the agency will not grant a for historic properties, including loan, loan guarantee, permit, adaptive use, that are not needed license, or other assistance to an for current or projected agency applicant who, with intent to avoid purposes, and may lease an historic the requirements of section 106 of property owned by the agency to any this Act, has intentionally person or organization, or exchange significantly adversely affected a any property owned by the agency historic property to which the grant with comparable historic property, would relate, or having legal power if the agency head determines that to prevent it, allowed such the lease or exchange will significant adverse effect to occur,

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 63 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) adequately insure the preservation archaeological resources pursuant to of the historic property. this Act or any other law shall [16 U.S.C. 470h3(b) — Use of ensure each of the following — proceeds] (1) (A) All actions taken by (b) The proceeds of any lease under employees or contractors of such subsection (a) of this section may, agency shall meet professional notwithstanding any other provision standards under of law, be retained by the agency regulations developed by the entering into such lease and used to Secretary in consultation with the defray the costs of administration, Council, other affected agencies, maintenance, repair, and related and the appropriate professional expenses incurred by the agency with societies of the disciplines respect to such property or other involved, specifically archaeology, properties which are on the National architecture, conservation, history, Register which are owned by, or are landscape architecture, and under the jurisdiction or control planning. of, such agency. Any surplus (B) Agency personnel or contractors proceeds from such leases shall be responsible for historic resources deposited into the Treasury of the shall meet qualification standards United States at the end of the established by the Office of second fiscal year following the Personnel Management in consultation fiscal year in which such proceeds with the Secretary and appropriate were received. professional societies of the [16 U.S.C. 470h3(c) — Management disciplines involved. The Office of contracts] Personnel Management shall revise (c) The head of any Federal agency qualification standards within 2 having responsibility for the years after October 30, 1992, [the management of any historic property date of enactment of the 1992 may, after consultation with the Amendments to this Act] for the Advisory Council on Historic disciplines involved, specifically Preservation, enter into contracts archaeology, architecture, for the management of such property. conservation, curation, history, Any such contract shall contain such landscape architecture, and terms and conditions as the head of planning. Such standards shall such agency deems necessary or consider the particular skills and appropriate to protect the interests expertise needed for the of the United States and in sure preservation of historic resources adequate preservation of historic and shall be equivalent requirements property. for the disciplines involved. Section 112 [16 U.S.C. 470h-4(a) — [Maintaining permanent databases] Each Federal agency is to protect (2) Records and other data, historic resources through including data produced by professionalism of employees and historical research and contractors] archaeological surveys and (a) Each Federal agency that is excavations are permanently responsible for the protection of maintained in appropriate data bases historic resources, including and made available to potential

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 64 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) users pursuant to such regulations access to artifacts for research, as the Secretary shall promulgate. consult with Indian tribe or Native [16 U.S.C. 470h4(b) — Secretary to Hawaiian organization if related promulgate guidelines to owners items likely] about protecting and preserving (4) encourage owners who are historic resources] undertaking archaeological (b) In order to promote the excavations to — preservation of historic resources (A) conduct excavations and analyses on properties eligible for listing that meet standards for federally in the National Register, the sponsored excavations established by Secretary shall, in consultation the Secretary; with the Council, promulgate (B) donate or lend artifacts of guidelines to ensure that Federal, research significance to an State, and tribal historic appropriate research institution; preservation programs subject to (C) allow access to artifacts for this Act include plans to — research purposes; and (1) provide information to the (D) prior to excavating or disposing owners of properties containing of a Native American cultural item historic (including architectural, in which an Indian tribe or Native curatorial, and archaeological) Hawaiian organization may have an resources with demonstrated or interest under section 3(a)(2) (B) likely research significance, about or (C) of the Native American Grave the need for protection of such Protection and Repatriation Act (25 resources, and the available means U.S.C. 3002(a)(2) (B) and (C)), of protection; given notice to and consult with (2) encourage owners to preserve such Indian tribe or Native Hawaiian such resources intact and in place organization. and offer the owners of such Section 113 [16 U.S.C. 470h-5(a) — resources information on the tax and Study to report ways to control grant assistance available for the illegal trafficking in] donation of the resources or of a (a) In order to help control illegal preservation easement of the interstate and international traffic resources; [Encourage protection of in antiquities, including Native American cultural items and archaeological, curatorial, and properties] architectural objects, and (3) encourage the protection of historical documents of all kinds, Native American cultural items the Secretary shall study and report (within the meaning of section 2 on the suitability and feasibility (3) and (9) of the Native American of alternatives for controlling Grave Protection and Repatriation illegal interstate and international Act (25 U.S.C. 3001 traffic in antiquities. (3) and (9))) and of properties of [16 U.S.C. 470h5(b) — Consultation] religious or cultural importance to (b) In conducting the study Indian tribes, Native Hawaiians, or described in subsection (a) of this other Native American groups; and section the Secretary shall consult [Conduct archeological excavations with the Council and other Federal to meet Federal standards, allow agencies that conduct, cause to be

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 65 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) conducted, or permit archaeological the United States (other than the surveys or excavations or that have Department of the Interior), the responsibilities for other kinds of activities of which affect historic antiquities and with State Historic preservation, designated by the Preservation Officers, President; archaeological, architectural, (5) one Governor appointed by the historical, conservation, and President; curatorial organizations, Indian (6) one mayor appointed by the tribes, Native Hawaiian President; organizations, and other Native (7) the President of the National American organizations, Conference of State Historic international organizations and Preservation Officers; other interested persons. (8) the Chairman of the National [16 U.S.C. 470h5(c) — Report] Trust for Historic Preservation; (c) Not later than 18 months after (9) four experts in the field of October 30, 1992 [the date of historic preservation appointed by enactment of this section], the the President from the disciplines Secretary shall submit to Congress a of architecture, history, report detailing the Secretary's archaeology, and other appropriate findings and recommendations from disciplines; the study described in subsection (10) three atlarge members from the (a) of this section. general public, appointed by the [16 U.S.C. 470h5(d) — Funding President; and authorization] (11) one member of an Indian tribe (d) There are authorized to be or Native Hawaiian organization who appropriated not more than $500,000 represents the interests of the for the study described in tribe or organization of which he or subsection she is a member, appointed by the (a) of this section, such sums to President. remain available until expended. [16 U.S.C. 470i(b) — Designees] TITLE II (b) Each member of the Council Section 201 [16 U.S.C. 470i(a) — specified in paragraphs (2) through Advisory Council on Historic (8) other than (5) and (6) of Preservation; membership] subsection (a) of this section may (a) There is established as an designate another officer of his independent agency of the United department, agency, or organization States Government an Advisory to serve on the Council in his Council on Historic Preservation stead, except that, in the case of which shall be composed of the paragraphs (2) and (4), no such following members: officer other than an Assistant (1) a Chairman appointed by the Secretary or an officer having major President selected from the general departmentwide or agencywide public; responsibilities may be so (2) the Secretary of the Interior; designated. (3) the Architect of the Capitol; [16 U.S.C. 470i(c) — Term of office] (4) the Secretary of Agriculture and (c) Each member of the Council the heads of four other agencies of appointed under paragraph (1), and

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 66 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) under paragraphs (9) through (11) of [16 U.S.C. 470i(e) — Vice Chairman] subsection (a) of this section shall (e) The President shall designate a serve for a term of four years from Vice Chairman, from the members the expiration of his predecessor's appointed under paragraphs (5), term; except that the members first (6), (9), or (10). The Vice Chairman appointed under that paragraph shall may act in place of the Chairman serve for terms of one to four during the absence or disability of years, as designated by the the Chairman or when the office is President at the time of vacant. appointment, in such manner as to [16 U.S.C. 470i(f) — Quorum] insure that the terms of not more (f) Nine members of the Council than two of them will expire in any shall constitute a quorum. one year. The members appointed Section 202 [16 U.S.C. 470j(a ) — under paragraphs (5) and (6) shall Duties of Council] serve for the term of their elected (a) The Council shall — office but not in excess of four (1) advise the President and the years. An appointed member may not Congress on matters relating to serve more than two terms. An historic preservation; recommend appointed member whose term has measures to coordinate activities of expired shall serve until that Federal, State, and local agencies member's successor has been and private institutions and appointed. individuals relating to historic [16 U.S.C. 470i(d) — Vacancies] preservation; and advise on the (d) A vacancy in the Council shall dissemination of information not affect its powers, but shall be pertaining to such activities; filled not later than sixty days (2) encourage, in cooperation with after such vacancy commences, in the the National Trust for Historic same manner as the original Preservation and appropriate private appointment (and for the balance of agencies, public interest and any unexpired terms). The members of participation in historic the Advisory Council on Historic preservation; Preservation appointed by the (3) recommend the conduct of studies President under this Act as in in such areas as the adequacy of effect on the day before December legislative and administrative 12, 1980 [the enactment of the statutes and regulations pertaining National Historic Preservation Act to historic preservation activities Amendments of 1980], shall remain in of State and local governments and office until all members of the the effects of tax policies at all Council, as specified in this levels of government on historic section, have been appointed. The preservation; members first appointed under this (4) advise as to guidelines for the section shall be appointed not later assistance of State and local than one hundred and eighty days governments in drafting legislation after December 12, 1980 [the relating to historic preservation; enactment of the National Historic (5) encourage, in cooperation with Preservation Act Amendments of appropriate public and private 1980]. agencies and institutions, training

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 67 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) and education in the field of branch of the Federal Government historic preservation; information, suggestions, estimates, (6) review the policies and programs and statistics for the purpose of of Federal agencies and recommend to this title of the Act; and each such such agencies methods to improve the department, bureau, agency, board, effectiveness, coordination, and commission, office, independent consistency of those policies and establishment or instrumentality is programs with the policies and authorized to furnish such programs carried out under this Act; information, suggestions, estimates, and and statistics to the extent (7) inform and educate Federal permitted by law and within agencies, State and local available funds. governments, Indian tribes, other Section 204 [16 U.S.C. 470l — nations and international Compensation of members] The members organizations and of the Council specified in private groups and individuals as to paragraphs (2), (3), and (4) of the Council's authorized activities. section 201(a) shall serve without [16 U.S.C. 470j(b) — Annual and additional compensation. The other special reports] members of the Council shall receive (b) The Council shall submit $100 per diem when engaged in the annually a comprehensive report of performance of the duties of the its activities and the results of Council. All members of the Council its studies to the President and the shall receive reimbursement for Congress and shall from time to time necessary traveling and subsistence submit such additional and special expenses incurred by them in the reports as it deems advisable. Each performance of the duties of the report shall propose such Council. legislative enactments and other Section 205 [16 U.S.C. 470m(a) — actions as, in the judgment of the Executive Director] Council, are necessary and (a) There shall be an Executive appropriate to carry out its Director of the Council who shall be recommendations and shall provide appointed in the competitive service the Council's assessment of current by the Chairman with the concurrence and emerging problems in the field of the Council. The Executive of historic preservation and an Director shall report directly to evaluation of the effectiveness of the Council and perform such the programs of Federal agencies, functions and duties as the Council State and local governments, and the may prescribe. private sector in carrying out the [16 U.S.C. 470m(b) — General Counsel purposes of this Act. and other attorneys] Section 203 [16 U.S.C. 470k — (b) The Council shall have a General Information from agencies] The Counsel, who shall be appointed by Council is authorized to secure the Executive Director. The General directly from any department, Counsel shall report directly to the bureau, agency, board, commission, Executive Director and serve as the office, independent establishment or Council's legal advisor. The instrumentality of the executive Executive Director shall appoint

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 68 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) such other attorneys as may be subchapter III of chapter 53 of necessary to assist the General Title 5, U.S. Code]. Counsel, represent the Council in [16 U.S.C. 470m(e) — Expert and courts of law whenever appropriate, consultant services] including enforcement of agreements (e) The Executive Director of the with Federal agencies to which the Council is authorized to procure Council is a party, assist the expert and consultant services in Department of Justice in handling accordance with the provisions of litigation concerning the Council in section 3109 of title 5 [United courts of law, and perform such States Code]. [16 U.S.C. 470m(f) — other legal duties and functions as Financial and administrative the Executive Director and the services] Council may direct. (f) Financial and administrative [16 U.S.C. 470m(c) — Appointment and services (including those related to compensation of staff] budgeting, accounting, financial (c) The Executive Director of the reporting, personnel and Council may appoint and fix the procurement) shall be provided the compensation of such officers and Council by the Department of the employees in the competitive service Interior, for which payments shall as are necessary to perform the be made in advance, or by functions of the Council at rates reimbursement, from funds of the not to exceed that now or hereafter Council in such amounts as may be prescribed for the highest rate for agreed upon by the Chairman of the grade 15 of the General Schedule Council and the Secretary of the under section 5332 of title 5 Interior: Provided, That the [United States Code]: Provided, regulations of the Department of the however, That the Executive Interior for the collection of Director, with the concurrence of indebtedness of personnel resulting the Chairman, may appoint and fix from erroneous payments (5 U.S.C. the compensation of not to exceed 5514(b)) shall apply to the five employees in the competitive collection of erroneous payments service at rates not to exceed that made to or on behalf of a Council now or hereafter prescribed for the employee, and regulations of said highest rate of grade 17 of the Secretary for the administrative General Schedule under section 5332 control of funds (31 U.S.C. 1513(d), of Title 5 [United States Code]. 1514) shall apply to appropriations [16 U.S.C. 470m(d) — Appointment and of the Council: And provided compensation of additional further, That the Council shall not personnel] be required to prescribe such (d) The Executive Director shall regulations. have power to appoint and fix the [16 U.S.C. 470m(g) — Use of funds, compensation of such additional personnel, facilities, and services] personnel as may be necessary to (g) Any Federal agency may provide carry out its duties, without regard the Council, with or without to the provisions of the civil reimbursement as may be agreed upon service laws and the Classification by the Chairman and the agency, with Act of 1949 [chapter 51 and such funds, personnel, facilities,

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 69 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) and services under their States. The Secretary of State shall jurisdiction and control as may be appoint the members of the official needed by the Council to carry out delegation from the persons its duties, to the extent that such recommended to him by the Council. funds, personnel, facilities, and [16 U.S.C. 470n(c) — Authorization services are requested by the for membership payment] Council and are otherwise available (c) For the purposes of this section for that purpose. Any funds provided there is authorized to be to the Council pursuant to this appropriated an amount equal to the subsection must be expended by the assessment for United States end of the fiscal year following the membership in the Centre for fiscal fiscal year in which the funds are years 1979, 1980, 1981, and 1982: received by the Council. To the Provided, That no appropriation is extent of available appropriations, authorized and no payment shall be the Council may obtain, by purchase, made to the Centre in excess of 25 rental, donation, or otherwise, such per centum of the total annual additional property, facilities, and assessment of such organization. services as may be needed to carry Authorization for payment of such out its duties and may also receive assessment shall begin in fiscal donations of moneys for such year 1981, but shall include earlier purpose, and the Executive Director costs. is authorized, in his discretion, to Section 207 [16 U.S.C. 470o — accept, hold, use, expend, and Transfer of personnel, funds, etc. administer the same for the purposes to the Council] So much of the of this Act. personnel, property, records, and Section 206 [16 U.S.C. 470n(a) — unexpended balances of International Centre for the Study appropriations, allocations, and of the Preservation and Restoration other funds employed, held, used, of Cultural Property; authorization] programmed, or available or to be (a) The participation of the United made available by the Department of States as a member of the the Interior in connection with the International Centre for the Study functions of the Council, as the of the Preservation and Restoration Director of the Office of Management of Cultural Property is hereby and Budget shall determine, shall be authorized. transferred from the Department to [16 U.S.C. 470n(b) — Members of the Council within 60 days of the official delegation] effective date of this Act [Pub. L. (b) The Council shall recommend to 94422, September 28, 1976]. the Secretary of State, after Section 208 [16 U.S.C. 470p — Rights consultation with the Smithsonian of Council employees] Any employee Institution and other public and in the competitive service of the private organizations concerned with United States transferred to the the technical problems of Council under the provisions of this preservation, the members of the section shall retain all rights, official delegation which will benefits, and privileges pertaining participate in the activities of the thereto held prior to such transfer. Centre on behalf of the United

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 70 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Section 209 [16 U.S.C. 470q — undertakings referred to in section Exemption from Federal Advisory 106 of this Act which affect such Committee Act] The Council is exempt local governments. from the provisions of the Federal Section 212 [16 U.S.C. 470t(a) — Advisory Committee Act (86 Stat. Council appropriation authorization] 770), and the provisions of (a) The Council shall submit its subchapter II of chapter 5 and budget annually as a related agency chapter 7, of Title 5 [U.S. Code] of the Department of the Interior. [the Administrative Procedure Act There are authorized to be (80 Stat. 381)] shall govern the appropriated for purposes of this operations of the Council. title not to exceed $4,000,000 for Section 210 [16 U.S.C. 470r — Direct each fiscal year 1997 through 2005. Submission to the Congress] No [16 U.S.C. 470t(b) — Concurrent officer or agency of the United submission of budget to Congress] States shall have any authority to (b) Whenever the Council submits any require the Council to submit its budget estimate or request to the legislative recommendations, or President or the Office of testimony, or comments on Management and Budget, it shall legislation to any officer or agency concurrently transmit copies of that of the United States for approval, estimate or request to the House and comments, or review, prior to the Senate Appropriations Committees and submission of such recommendations, the House Committee on Natural testimony, or comments to the Resources and the Senate Committee Congress. In instances in which the on Energy and Natural Resources. Council voluntarily seeks to obtain Section 213 [16 U.S.C. 470u — the comments or review of any Reports from Secretary at request of officer or agency of the United Council] To assist the Council in States, the Council shall include a discharging its responsibilities description of such actions in its under this Act, the Secretary at the legislative recommendations, request of the Chairman, shall testimony, or comments on provide a report to the Council legislation which it transmits to detailing the significance of any the Congress. historic property, describing the Section 211 [16 U.S.C. 470s — effects of any proposed undertaking Regulations for Section 106; local on the affected property, and government participation] The recommending measures to avoid, Council is authorized to promulgate minimize, or mitigate adverse such rules and regulations as it effects. deems necessary to govern the Section 214 [16 U.S.C. 470v — implementation of section 106 of Exemptions for Federal activities this Act in its entirety. The from provisions of the Act] The Council shall, by regulation, Council, with the concurrence of the establish such procedures as may be Secretary, shall promulgate necessary to provide for regulations or guidelines, as participation by local governments appropriate, under which Federal in proceedings and other actions programs or undertakings may be taken by the Council with respect to exempted from any or all of the

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 71 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) requirements of this Act when such Corporation or Village Corporation, exemption is determined to be as those terms are defined in consistent with the purposes of this section 3 of the Alaska Native Act, taking into consideration the Claims Settlement Act [43 U.S.C. magnitude of the exempted 1602], which is recognized as undertaking or program and the eligible for the special programs likelihood of impairment of historic and services provided by the United properties. States to Indians because of their Section 215 [16 U.S.C. 470v-1 — status as Indians. Reimbursement from State and local (5) "Historic property" or "historic agencies, etc.] Subject to resource" means any prehistoric or applicable conflict of interest historic district, site, building, laws, the Council may receive structure, or object included in, or reimbursements from State and local eligible for inclusion on the agencies and others pursuant to National Register, including agreements executed in furtherance artifacts, records, and material of the purposes of this Act. remains related to such a property TITLE III or resource. Section 301 [16 U.S.C. 470w — (6) "National Register" or Definitions] As used in this Act, "Register" means the National the term — Register of Historic Places (1) "Agency" means agency as such established under section 101 of term is defined in section 551 of this Act. title 5 [United States Code]. (7) "Undertaking" means a project, (2) "State" means any State of the activity, or program funded in whole United States, the District of or in part under the direct or Columbia, the Commonwealth of Puerto indirect jurisdiction of a Federal Rico, Guam, the Virgin Islands, agency, including — American Samoa, the Commonwealth of (A) those carried out by or on the Northern Mariana Islands, and behalf of the agency; the Trust Territory of the Pacific (B) those carried out with Federal Islands, the Republic of the financial assistance; Marshall Islands, the Federated (C) those requiring a Federal permit States of Micronesia, and, upon license, or approval; and termination of the Trusteeship (D) those subject to State or local Agreement for the Trust Territory of regulation administered pursuant to the Pacific Islands, the Republic of a delegation or approval by a Palau. Federal agency. (3) "Local government" means a city, (8) "Preservation" or "historic county, parish, township, preservation" includes municipality, or borough, or any identification, evaluation, other general purpose political recordation, documentation, subdivision of any State. curation, acquisition, protection, (4) "Indian tribe" or "tribe" means management, rehabilitation, an Indian tribe, band, nation, or restoration, stabilization, other organized group or community, maintenance, research, including a Native village, Regional interpretation, conservation, and

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 72 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) education and training regarding the (C) which has the authority to — foregoing activities, or any (i) review National Register combination of the foregoing nominations and appeals from activities. nominations; (9) "Cultural park" means a (ii) review appropriate definable area which is documentation submitted in distinguished by historic resources conjunction with the Historic and land related to such resources Preservation Fund; and which constitutes an (iii) provide general advice and interpretive, educational, and guidance to the State Historic recreational resource for the public Preservation Officer; and at large. (iv) perform such other duties as (10) "Historic conservation may be appropriate. district" means an area which (13) "Historic preservation review contains commission" means a board, council, (A) historic properties, commission, or other similar (B) buildings having similar or collegial body which is established related architectural by State or local legislation as characteristics, provided in section 101(c)(1)(B) of (C) cultural cohesiveness, or this Act, and the members of which (D) any combination of the are appointed, unless otherwise foregoing. provided by State or local (11) "Secretary" means the Secretary legislation, by the chief elected of the Interior acting through the official of the jurisdiction Director of the National Park concerned from Service except where otherwise among — specified. (A) professionals in the disciplines (12) "State Historic Preservation of architecture, history, Review Board" means a board, architectural history, planning, council, commission, or other prehistoric and historic similar collegial body established archaeology, folklore, cultural as provided in section 101(b)(1)(B) anthropology, curation, of this Act — conservation, and landscape (A) the members of which are architecture, or related appointed by the State Historic disciplines, to the extent such Preservation Officer (unless professionals are available in the otherwise provided for by State community concerned, and law), (B) such other persons as have (B) a majority of the members of demonstrated special interest, which are professionals qualified in experience, or knowledge in history, the following and related architecture, or related disciplines disciplines: history, prehistoric and as will provide for an adequate and historic archaeology, and qualified commission. architectural history, architecture, (14) "Tribal lands" means — folklore, cultural anthropology, (A) all lands within the exterior curation, conservation, and boundaries of any Indian landscape architecture, and reservation; and

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 73 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (B) all dependent Indian Section 303 [16 U.S.C. 470w-2(a ) — communities. Donations to Secretary; money and (15) "Certified local government" personal property] means a local government whose local (a) The Secretary is authorized to historic preservation program has accept donations and bequests of been certified pursuant to section money and personal property for the 101(c) of this Act. purposes of this Act and shall hold, (16) "Council" means the Advisory use, expend, and administer the same Council on Historic Preservation for such purposes. established by section 201 of this [16 U.S.C. 470w2(b) — Donations of Act. less than fee interests in real (17) "Native Hawaiian" means any property] individual who is a descendant of (b) The Secretary is authorized to the aboriginal people who, prior to accept gifts or donations of less 1778, occupied and exercised than fee interests in any historic sovereignty in the area that now property where the acceptance of constitutes the State of Hawaii. such interests will facilitate the (18) "Native Hawaiian organization" conservation or preservation of such means any organization which — properties. Nothing in this section (A) serves and represents the or in any provision of this Act interests of Native Hawaiians; shall be construed to affect or (B) has as a primary and stated impair any other authority of the purpose the provision of services to Secretary under other provision of Native Hawaiians; and law to accept or acquire any (C) has demonstrated expertise in property for conservation or aspects of historic preservation preservation or for any other that are culturally significant to purpose. Native Hawaiians. The term includes, Section 304 [16 U.S.C. 470w-3(a) — but is not limited to, the Office of Confidentiality of the location of Hawaiian Affairs of the State of sensitive historic resources] Hawaii and Hui Malama I Na Kupuna O (a) The head of a Federal agency or Hawai'i Nei, an organization other public official receiving incorporated under the laws of the grant assistance pursuant to this State of Hawaii. Act, after consultation with the Section 302 [16 U.S.C. 470w-1 — Secretary, shall withhold from Authority to expend funds for disclosure to the public, purposes of this Act] Where information about the location, appropriate, each Federal agency is character, or ownership of a authorized to expend funds historic resource if the Secretary appropriated for its authorized and the agency determine that programs for the purposes of disclosure may — activities carried out pursuant to (1) cause a significant invasion of this Act, except to the extent privacy; appropriations legislation expressly (2) risk harm to the historic provides otherwise. resources; or (3) impede the use of a traditional religious site by practitioners.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 74 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) [16 U.S.C. 470w3(b) — Access Administrator of the General Determination] Services Administration are (b) When the head of a Federal authorized and directed to enter agency or other public official has into a cooperative agreement with determined that information should the Committee for a National Museum be withheld from the public pursuant of the Building Arts, Incorporated, to subsection (a) of this section, a nonprofit corporation organized the Secretary, in consultation with and existing under the laws of the such Federal agency head or District of Columbia, or its official, shall determine who may successor, for the operation of a have access to the information for National Museum for the Building the purpose of carrying out this Arts in the Federal Building located Act. in the block bounded by Fourth [16 U.S.C. 470w3(c) — Consultation Street, Fifth Street, F Street, and with the Advisory Council] G Street, Northwest in Washington, (c) When the information in question District of Columbia. Such museum has been developed in the course of shall — an agency's compliance with section (1) collect and disseminate 106 or 110(f) of this Act, the information concerning the building Secretary shall consult with the arts, including the establishment of Council in reaching determinations a national reference center for under subsections (a) and (b) of current and historic documents, this section. publications, and research relating Section 305 to the building arts; [16 U.S.C. 470w4 — Attorneys' fees] (2) foster educational programs In any civil action brought in any relating to the history, practice United States district court by any and contribution to society of the interested person to enforce the building arts, including promotion provisions of imaginative educational of this Act, if such person approaches to enhance understanding substantially prevails in such and appreciation of all facets of action, the court may award the building arts; attorneys' fees, expert witness (3) publicly display temporary and fees, and other costs of permanent exhibits illustrating, participating in such action, as the interpreting and demonstrating the court deems reasonable. building arts; Section 306 [16 U.S.C. 470w-5(a ) — (4) sponsor or conduct research and National Center for the Building study into the history of the Arts] building arts and their role in (a) In order to provide a national shaping our civilization; and center to commemorate and encourage (5) encourage contributions to the the building arts and to preserve building arts. and maintain a nationally [16 U.S.C. 470w5(b) — Cooperative significant building which agreement] exemplifies the great achievements (b) The cooperative agreement of the building arts in the United referred to in subsection (a) of States, the Secretary and the

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 75 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) this section shall include [16 U.S.C. 470w5(e) — Annual provisions which — report] (1) make the site available to the (e) The Committee shall submit an Committee referred to in subsection annual report to the Secretary and (a) of this section without charge; the Administrator concerning its (2) provide, subject to available activities under this section and appropriations, such maintenance, shall provide the Secretary and the security, information, janitorial Administrator with such other and other services as may be information as the Secretary may, necessary to assure the preservation from time to time, deem necessary or and operation of the site; and advisable. (3) prescribe reasonable terms and [16 U.S.C. 470w5(f) — Definition of conditions by which the Committee "building arts"] can fulfill its responsibilities (f) For purposes of this section, under this Act. the term "building arts" includes, [16 U.S.C. 470w5(c) — Grants to but shall not be limited to, all Committee] practical and scholarly aspects of (c) The Secretary is authorized and prehistoric, historic, and directed to provide matching grants contemporary architecture, inaid to the Committee referred to archaeology, construction, building in subsection (a) of this section technology and skills, landscape for its programs related to historic architecture, preservation and preservation. The Committee shall conservation, building and match such grantsinaid in a manner construction, engineering, urban and and with such funds and services as community design and renewal, city shall be satisfactory to the and regional planning, and related Secretary, except that no more than professions, skills, trades, and $500,000 may be provided to the crafts. Committee in any one fiscal year. Section 307 [16 U.S.C. 470w-6(a) — [16 U.S.C. 470w5(d) — Site Effective date of regulations] renovation] (a) No final regulation of the (d) The renovation of the site shall Secretary shall become effective be carried out by the Administrator prior to the expiration of thirty with the advice of the Secretary. calendar days after it is published Such renovation shall, as far as in the Federal Register during which practicable — either or both Houses of Congress (1) be commenced immediately, are in session. (2) preserve, enhance, and restore [16 U.S.C. 470w6(b) — Congressional the distinctive and historically disapproval of regulations] authentic architectural character of (b) The regulation shall not become the site consistent with the needs effective if, within ninety calendar of a national museum of the building days of continuous session of arts and other compatible use, and Congress after the date of (3) retain the availability of the promulgation, both Houses of central court of the building, or Congress adopt a concurrent portions thereof, for appropriate resolution, the matter after the public activities. resolving clause of which is as

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 76 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) follows: "That Congress disapproves expression of approval of such the regulation promulgated by the regulation. Secretary dealing with the matter Section 308 [16 U.S.C. 470w-7(a ) — of______, which regulation was National historic light station transmitted to Congress on______," program] the blank spaces therein being (a) In order to provide a national appropriately filled. historic light station program, the [16 U.S.C. 470w6(c) — Inaction by Secretary shall — Congress] (1) collect and disseminate (c) If at the end of sixty calendar information concerning historic days of continuous session of light stations, including historic Congress after the date of lighthouses and associated promulgation of a regulation, no structures; committee of either House of (2) foster educational programs Congress has reported or been relating to the history, practice, discharged from further and contribution to society of consideration of a concurrent historic light stations; resolution disapproving the (3) sponsor or conduct research and regulation, and neither House has study into the history of light adopted such a resolution, the stations; regulation may go into effect (4) maintain a listing of historic immediately. If, within such sixty light stations; and calendar days, such a committee has (5) assess the effectiveness of the reported or been discharged form program established by this section further consideration of such a regarding the conveyance of historic resolution, the regulation may go light stations. into effect not sooner than ninety [16 U.S.C. 470w7(b) — Conveyance of calendar days of continuous session Historic Light Stations] of Congress after its promulgation (b) (1) Not later than 1 year after unless disapproved as provided for. the date of the enactment of this [16 U.S.C. 470w6(d) — Definitions] section, the Secretary and the (d) For the purposes of this Administrator shall establish a section process and policies for (1) continuity of session is broken identifying, and selecting, an only by an adjournment sine die; and eligible entity to which a historic (2) the days on which either House light station could be conveyed for is not in session because of an education, park, recreation, adjournment of more than three days cultural, or historic preservation to a day certain are excluded in the purposes, and to monitor the use of computation of sixty and ninety such light station by the eligible calendar days of continuous session entity. of Congress. (2) The Secretary shall review all [16 U.S.C. 470w6(e) — Effect of applications for the conveyance of a Congressional inaction] historic light station, when the (e) Congressional inaction on or agency with administrative rejection of a resolution of jurisdiction over the historic light disapproval shall not be deemed an station has determined the property

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 77 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) to be `excess property' as that term (iii) If the Secretary approves the is defined in the Federal Property sale of a historic light station Administrative Services Act of 1949 referenced in this paragraph, such (40 U.S.C. 472(e)), and forward to sale shall be subject to the the Administrator a single approved conditions set forth in application for the conveyance of subparagraphs (A) through (D) and the historic light station. When (H) of subsection (c)(1) and selecting an eligible entity, the subsection Secretary shall consult with the (c)(2) and any other terms or State Historic Preservation Officer conditions the Secretary considers of the State in which the historic necessary to protect the resources light station is located. of the park unit or wildlife refuge. (3) (A) Except as provided in (iv) For those historic light subparagraph (B), the Administrator stations referenced in this shall convey, by quitclaim deed, paragraph, the Secretary is without consideration, all right, encouraged to enter into cooperative title, and interest of the United agreements with appropriate eligible States in and to the historic light entities, as provided in this Act, station, subject to the conditions to the extent such cooperative set forth in subsection (c) after agreements are consistent with the the Secretary's selection of an Secretary's responsibilities to eligible entity. The conveyance of a manage and administer the park unit historic light station under this or wildlife refuge, as section shall not be subject to the appropriate. provisions of the Stewart B. [16 U.S.C. 470w7(c) — Terms of McKinney Homeless Assistance Act (42 Conveyance] U.S.C. 11301 et seq.) or section (c) (1) The conveyance of a historic 416(d) of the Coast Guard light station shall be made subject Authorization Act of 1998 (Public to any conditions, including the Law 105383). reservation of easements and other (B) (i) Historic light stations rights on behalf of the United located within the exterior States, the Administrator considers boundaries of a unit of the National necessary to ensure that — Park System or a refuge within the (A) the Federal aids to navigation National Wildlife Refuge System located at the historic light shall be conveyed or sold only with station in operation on the date of the approval of the Secretary. conveyance remain the personal (ii) If the Secretary approves the property of the United States and conveyance of a historic light continue to be operated and station referenced in this maintained by the United States for paragraph, such conveyance shall be as long as needed for navigational subject to the conditions set forth purposes; in subsection (c) and any other (B) there is reserved to the United terms or conditions the Secretary States the right to remove, replace, considers necessary to protect the or install any Federal aid to resources of the park unit or navigation located at the historic wildlife refuge.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 78 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) light station as may be necessary shall not sell, convey, assign, for navigational purposes; exchange, or encumber the historic (C) the eligible entity to which the light station, any part thereof, or historic light station is conveyed any associated historic artifact under this section shall not conveyed to the eligible entity in interfere or allow interference in conjunction with the historic light any manner with any Federal aid to station conveyance, including but navigation, nor hinder activities not limited to any lens or lanterns, required for the operation and unless such sale, conveyance, maintenance of any Federal aid to assignment, exchange or encumbrance navigation, without the express is approved by the Secretary; written permission of the head of (G) the eligible entity to which the the agency responsible for historic light station is conveyed maintaining the Federal aid to shall not conduct any commercial navigation; activities at the historic light (D) the eligible entity to which the station, any part thereof, or in historic light station is conveyed connection with any associated under this section shall, at its own historic artifact conveyed to the cost and expense, use and maintain eligible entity in conjunction with the historic light station in the historic light station accordance with this Act, the conveyance, in any manner, unless Secretary of the Interior's such commercial activities are Standards for the Treatment of approved by the Secretary; and Historic Properties, 36 CFR part 68, (H) the United States shall have the and other applicable laws, and any right, at any time, to enter the proposed changes to the historic historic light station conveyed light station shall be reviewed and under this section without notice, approved by the Secretary in for purposes of operating, consultation with the State Historic maintaining, and inspecting any aid Preservation Officer of the State in to navigation and for the purpose of which the historic light station is ensuring compliance with this located, for consistency with 36 CFR subsection, to the extent that it is part 800.5(a)(2)(vii), and not possible to provide advance the Secretary of the Interior's notice. Standards for Rehabilitation, 36 CFR (2) Any eligible entity to which a part 67.7; historic light station is conveyed (E) the eligible entity to which the under this section shall not be historic light station is conveyed required to maintain any Federal aid under this section shall make the to navigation associated with a historic light station available for historic light station, except any education, park, recreation, private aids to navigation permitted cultural or historic preservation under section 83 of title 14, United purposes for the general public at States Code, to the eligible entity. reasonable times and under (3) In addition to any term or reasonable conditions; condition established pursuant to (F) the eligible entity to which the this subsection, the conveyance of a historic light station is conveyed historic light station shall include

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 79 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) a condition that the historic light without approval of the Secretary; station, or any associated historic or artifact conveyed to the eligible (F) At least 30 days before the entity in conjunction with the reversion, the Administrator historic light station conveyance, provides written notice to the owner including but not limited to any that the historic light station or lens or lanterns, at the option of any part thereof is needed for the Administrator, shall revert to national security purposes. the United States and be placed [16 U.S.C. 470w7(d) — Description under the administrative control of of Property] the Administrator, if — (d) (1) The Administrator shall (A) the historic light station, any prepare the legal description of any part thereof, or any associated historic light station conveyed historic artifact ceases to be under this section. The available for education, park, Administrator, in consultation with recreation, cultural, or historic the Commandant, United States Coast preservation purposes for the Guard, and the Secretary, may retain general public at reasonable times all right, title, and interest of and under reasonable conditions the United States in and to any which shall be set forth in the historical artifact, including any eligible entity's application; lens or lantern, that is associated (B) the historic light station or with the historic light station and any part thereof ceases to be located at the light station at the maintained in a manner that ensures time of conveyance. Wherever its present or future use as a site possible, such historical artifacts for a Federal aid to navigation; should be used in interpreting that (C) the historic light station, any station. In cases where there is no part thereof, or any associated method for preserving lenses and historic artifact ceases to be other artifacts and equipment in maintained in compliance with this situ, priority should be given to Act, the Secretary of the Interior's preservation or museum entities most Standards for the Treatment of closely associated with the station, Historic Properties, 36 CFR part 68, if they meet loan requirements. and other applicable laws; (2) Artifacts associated with, but (D) the eligible entity to which the not located at, the historic light historic light station is conveyed, station at the time of conveyance sells, conveys, assigns, exchanges, shall remain the personal property or encumbers the historic light of the United States under the station, any part thereof, or any administrative control of the associated historic artifact, Commandant, United States Coast without approval of the Secretary; Guard. (3) All conditions placed (E) the eligible entity to which the with the quitclaim deed of title to historic light station is conveyed, the historic light station shall be conducts any commercial activities construed as covenants running with at the historic light station, any the land. part thereof, or in conjunction with (4) No submerged lands shall be any associated historic artifact, conveyed under this section.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 80 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) [16 U.S.C. 470w7(e) — Definitions] navigator to determine position or (e) For purposes of this section: safe course, or to warn of dangers (1) The term “Administrator” shall or obstructions to navigation, and mean the Administrator of General shall include but not be limited to, Services. a light, lens, lantern, antenna, (2) The term “historic light sound signal, camera, sensor, station” includes the light tower, electronic navigation equipment, lighthouse, keepers dwelling, power source, or other associated garages, storage sheds, oil house, equipment. fog signal building, boat house, (5) The term “Secretary” means the barn, pumphouse, tramhouse support Secretary of the Interior. structures, piers, walkways, Section 309 [16 U.S.C. 470w-8(a) — underlying and appurtenant land and Historic Light Station Sales] related real property and (a) In the event no applicants are improvements associated therewith; approved for the conveyance of a provided that the `historic light historic light station pursuant to station' shall be included in or section 308, the historic light eligible for inclusion in the station shall be offered for sale. National Register of Historic Terms of such sales shall be Places. developed by the Administrator of (3) The term “eligible entity” shall General Services and consistent with mean: the requirements of section 308, (A) any department or agency of the subparagraphs (A) through (D) and Federal Government; or (H) of subsection (c)(1), and (B) any department or agency of the subsection (c)(2). Conveyance State in which the historic light documents shall include all station is located, the local necessary covenants to protect the government of the community in which historical integrity of the historic the historic light station is light station and ensure that any located, nonprofit corporation, Federal aid to navigation located at educational agency, or community the historic light station is development organization that — operated and maintained by the (i) has agreed to comply with the United States for as long as needed conditions set forth in subsection for that purpose. (c) and to have such conditions [16 U.S.C. 470w8(b) — Net sale recorded with the deed of title to proceeds] the historic light (b) Net sale proceeds from the station; and disposal of a historic light (ii) is financially able to maintain station — the historic light station in (1) located on public domain lands accordance with the conditions set shall be transferred to the National forth in subsection (c). Maritime Heritage Grant Program, (4) The term “Federal aid to established by the National Maritime navigation” shall mean any device, Heritage Act of 1994 (Public Law operated and maintained by the 103451) within the Department of United States, external to a vessel the Interior; and or aircraft, intended to assist a

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 81 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (2) under the administrative control (3) The term "Secretary" means the of the Coast Guard shall be credited Secretary of the Interior. to the Coast Guard's Operating Section 403 [16 U.S.C. 470x-2(a) — Expenses appropriation account, and Establish a National Center for shall be available for obligation Preservation Technology and and expenditure for the maintenance Training] of light stations remaining under (a) There is hereby established the administrative control of the within the Department of the Coast Guard, such funds to remain Interior a National Center for available until expended and shall Preservation Technology and be available in addition to funds Training. The Center shall be available in the Operating Expense located at Northwestern State appropriation for this purpose. University of Louisiana in There are hereby authorized to be Nacthitoches, Louisiana. appropriated to the Secretary of the [16 U.S.C. 470x2(b) — Purposes of Interior such sums as may be Center] necessary to carry out this Act. (b) The purposes of the Center shall TITLE IV be to — Section 401 [16 U.S.C. 470x — (1) develop and distribute National initiative to coordinate preservation and conservation skills and promote research, distribute and technologies for the information and provide training identification, evaluation, about preservation skills and conservation, and interpretation of technologies] The Congress finds and prehistoric and historic resources; declares that, given the complexity (2) develop and facilitate training of technical problems encountered in for Federal, State and local preserving historic properties and resource preservation professionals, the lack of adequate distribution of cultural resource managers, technical information to preserve maintenance personnel, and others such properties, a national working in the preservation field; initiative to coordinate and promote (3) take steps to apply preservation research, distribute information, technology benefits from ongoing and provide training about research by other agencies and preservation skills and technologies institutions; would be beneficial. (4) facilitate the transfer of Section 402 [16 U.S.C. 470x-1— preservation technology among Definitions] Federal agencies, State and local For the purposes of this title — governments, universities, (1) The term "Board" means the international organizations, and the National Preservation Technology and private sector; and Training Board established pursuant (5) cooperate with related to section 404 of this Act. international organizations (2) The term "Center" means the including, but not limited to the National Center for Preservation International Council on Monuments Technology and Training established and Sites, the International Center pursuant to section 403 of this Act. for the Study of Preservation and Restoration of Cultural Property,

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 82 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) and the International Council on (2) 6 members appointed by the Museums. Secretary who shall represent [16 U.S.C. 470x2(c) — Programs] appropriate Federal, State, and (c) Such purposes shall be carried local agencies, State and local out through research, professional historic preservation commissions, training, technical assistance, and and other public and international programs for public awareness, and organizations; and through a program of grants (3) 6 members appointed by the established under section 405 of Secretary on the basis of this Act. outstanding professional [16 U.S.C. 470x2(d) — Executive qualifications who represent major Director] organizations in the fields of (d) The Center shall be headed by an archaeology, architecture, Executive Director with demonstrated conservation, curation, engineering, expertise in historic preservation history, historic preservation, appointed by the Secretary with landscape architecture, planning, or advice of the Board. preservation education. [16 U.S.C. 470x2(e) — Assistance Section 405 [16 U.S.C. 470x-4(a) — from Secretary] Grants for research, information (e) The Secretary shall provide the distribution and skill training] Center assistance in obtaining such (a) The Secretary, in consultation personnel, equipment, and facilities with the Board, shall provide as may be needed by the Center to preservation technology and training carry out its activities. grants to eligible applicants with a Section 404 [16 U.S.C. 470x-3(a) — demonstrated institutional Establish a Preservation Technology capability and commitment to the and Training Board] purposes of the Center, in order to (a) There is established a ensure an effective and efficient Preservation Technology and Training system of research, information Board. distribution and skills training in [16 U.S.C. 470x3(b) — Duties] all the related historic (b) The Board shall — preservation fields. (1) provide leadership, policy [16 U.S.C. 470x4(b) — Grant advice, and professional oversight Requirements] to the Center; (b) (1) Grants provided under this (2) advise the Secretary on section shall be allocated in such a priorities and the allocation of fashion to reflect the diversity of grants among the activities of the the historic preservation fields and Center; and shall be geographically distributed. (3) submit an annual report to the (2) No grant recipient may receive President and the Congress. more than 10 percent of the grants [16 U.S.C. 470x3(c) — Membership] allocated under this section within (c) The Board shall be comprised of any year. — (3) The total administrative costs, (1) The Secretary, or the direct and indirect, charged for Secretary's designee; carrying out grants under this

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 83 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) section may not exceed 25 percent of responsibilities under this title of the aggregate costs. the Act. [16 U.S.C. 470x4(c) — Eligible [16 U.S.C. 470x5(c) — Authorization applicants] of appropriations] (c) There are (c) Eligible applicants may include authorized to be appropriated such Federal and nonFederal sums as may be necessary for the laboratories, accredited museums, establishment, operation, and universities, nonprofit maintenance of the Center. Funds for organizations; offices, units, and the Center shall be in addition to Cooperative Park Study Units of the existing National Park Service National Park System, State Historic programs, centers, and offices. Preservation Offices, tribal Section 407 [16 U.S.C. 470x-6 — preservation offices, and Native Improve use of existing NPS centers Hawaiian organizations. and regional offices] In order to [16 U.S.C. 470x4(d) — Standards] improve the use of existing National (d) All such grants shall be awarded Park Service resources, the in accordance with accepted Secretary shall fully utilize and professional standards and methods, further develop the National Park including peer review of projects. Service preservation (including [16 U.S.C. 470x4(e) — Authorization conservation) centers and regional of appropriations] offices. The Secretary shall improve (e) There is authorized to be the coordination of such centers and appropriated to carry out this offices within the National Park section such sums as may be Service, and shall, where necessary. appropriate, coordinate their Section 406 [16 U.S.C. 470x-5(a ) — activities with the Center and with Center may accept grants, donations, other appropriate parties. and other Federal funds; may enter [Addendum] into contracts and cooperative [National Historic Preservation Act agreements] Amendments of 1980, Public Law 96 (a) The Center may accept — 515, December 12, 1980, 94 (1) grants and donations from Stat. 3000 This addendum contains private individuals, groups, related legislative provisions organizations, corporations, enacted in the National Historic foundations, and other entities; and Preservation Act Amendments of 1980 (2) transfers of funds from other but that are not part of the Federal agencies. National Historic Preservation Act.] [16 U.S.C. 470x5(b) — Contracts and Section 401 [16 U.S.C. 470a-1(a ) — cooperative agreements] International activities and World (b) Subject to appropriations, the Heritage Convention] Center may enter into contracts and (a) The Secretary of the Interior cooperative agreements with Federal, shall direct and coordinate United State, local, and tribal States participation in the governments, Native Hawaiian Convention organizations, educational Concerning the Protection of the institutions, and other public World Cultural and Natural Heritage, entities to carry out the Center's approved by the Senate on October

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 84 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) 26, 1973, in cooperation with the Section 402 [16 U.S.C. 470a-2 — Secretary of State, the Smithsonian International Federal activities Institution, and the Advisory affecting historic properties] Prior Council on Historic Preservation. to the approval of any Federal Whenever possible, expenditures undertaking outside the United incurred in carrying out activities States which may directly and in cooperation with other nations adversely affect a property which is and international organizations on the World Heritage List or on the shall be paid for in such excess applicable country's equivalent of currency of the country or area the National Register, the head of a where the expense is incurred as may Federal agency having direct or be available to the United States. indirect jurisdiction over such [16 U.S.C. 470a1(b) — Nominations undertaking shall take into account of properties to World Heritage the effect of the undertaking on List] such property for purposes of (b) The Secretary of the Interior avoiding or mitigating any adverse shall periodically nominate effects. properties he determines are of international Appendix C Continued significance to the World Heritage Committee on behalf of the United Archaeological Resources Protection States. No property may be so Act of 1979 nominated unless it has previously AN ACT To protect archaeological been determined to be of national resources on public lands and significance. Each such nomination Indian lands, and for other shall include evidence of such legal purposes. protections as may be necessary to Be it enacted of the Senate and ensure preservation of the property the house of Representatives of and its environment (including the United States of America in restrictive covenants, easements, or Congress assembled, other forms of protection). Before making any such nomination, the SHORT TITLE Secretary shall notify the Committee Section 1. This Act may be cited on Natural Resources of the United as the "Archaeological Resources States House of Representatives and Protection Act of 1979". the Committee on Energy and Natural Resources of the United States FINDINGS AND PURPOSE Senate. SEC. 2. (a) The Congress finds [16 U.S.C. 470a1(c) — Concurrence that of nonFederal property] (1) archaeological resources on (c) No nonFederal property may be public lands and Indian lands are nominated by the Secretary of the an accessible and irreplaceable Interior to the World Heritage part of the Nation's heritage; Committee for inclusion on the World Heritage List unless the owner of (2) these resources are the property concurs in writing to increasingly endangered because of such nomination. their commercial attractiveness;

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 85 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) to: pottery, basketry, bottles, (3) existing Federal laws do not weapons, weapon projectiles, provide adequate protection to tools, structures or portions of prevent the loss and destruction structures, pit houses, rock of these archaeological resources paintings, rock carvings, and sites resulting from intaglios, graves, human skeletal uncontrolled excavations and materials, or any portion or piece pillage; and of any of the foregoing items. Nonfossilized and fossilized pale (4) there is a wealth of ontological specimens, or any archaeological information which portion or piece thereof, shall has been legally obtained by not be considered archaeological private individuals for resources, under the regulations noncommercial purposes and which under this paragraph, unless found could voluntarily be made in an archaeological context. No available to professional item shall be treated as an archaeologists and institutions. archaeological resource under regulations under this paragraph (b) The purpose of this Act is to unless such item is at least 100 secure, for the present and future years of age. benefit of the American people, the protection of archaeological (2) The term "Federal land resources and sites which are on manager" means, with respect to public lands and Indian lands, and any public lands, the Secretary of to foster increased cooperation the department, or the head of any and exchange of information other agency or instrumentality of between governmental authorities, the United States, having primary the professional archaeological management authority over such community, and private individuals lands. In the case of any public having collections of lands or Indian lands with respect archaeological resources and data to which no department, agency, or which were obtained before the instrumentality has primary date of the enactment of this Act. management authority, such term means the Secretary of the DEFINITIONS Interior. If the Secretary of the SEC. 3. As used in this Act Interior consents, the responsibilities (in whole or in (1) The term "archaeological part) under this Act of the resource" means any material Secretary of any department (other remains of past human life or than the Department of the activities which are of Interior) or the head of any other archaeological interest, as agency or instrumentality may be determined under the uniform delegated to the Secretary of the regulations promulgated pursuant Interior with respect to any land to this Act. Such regulations managed by such other Secretary or containing such determination agency head, and in any such case, shall include, but not be limited the term "Federal land manager"

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 86 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) means the Secretary of the any Stat e or political Interior. subdivision thereof.

(3) The term "public lands" means (7) The term "State" means any of (A) lands which are owned and the fifty States, the District of administered by the Unit(i) the Columbia, Puerto Rico, Guam, and national park system, the Virgin Islands. (ii) the national wildlife refuge system, or EXCAVATION AND REMOVAL (iii) the national forest system; SEC. 4. (a) Any person may apply and to the Federal land manager for a (B) all other lands the fee title permit to excavate or remove any to which is held by the United archaeological resource located on States, other than lands on the public lands or Indian lands and Outer Continental Shelf and lands to carry out activities associated which are under the jurisdiction with such excavation or removal. of the Smithsonian Institution; The application shall be required, under uniform regulations under (4) The term "Indian lands" means this Act, to contain such lands of Indian tribes, or Indian information as the Federal land individuals, which are either held manager deems necessary, including in trust by the United States or information concerning the time, subject to a restriction against scope, and location and specific alienation imposed by the United purpose of the proposed work. States, except for any subsurface (b) A permit may be issued interest in lands not owned or pursuant to an application under controlled by an Indian tribe or subsection (a) if the Federal land an Indian individual. manager determines, pursuant to uniform regulations under this (5) The term "Indian tribe" means Act, that any Indian tribe, band, nation, or other organized group or (1) the applicant is qualified, to community, including any Alaska carry out the permitted activity, Native village or regional or (2) the activity is undertaken for village corporation as defined in, the purpose of furthering or established pursuant to, the archaeological knowledge in the Alaska Native Claims Settlement public interest, Act (85 Stat. 688). (3) the archaeological resources which are excavated or removed (6) The term "person" means an from public lands will remain the individual, corporation, property of the United States, and partnership, trust, institution, such resources and copies of association, or any other private associated archaeological records entity or any officer, employee, and data will be preserved by a agent, department, or suitable university, museum, or instrumentality of the United other scientific or educational States, of any Indian tribe, or of institution, and

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 87 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (4) the activity pursuant to such permittee's conviction under permit is not inconsistent with section 6. ) any management plan applicable to the public lands concerned. (g)(1) No permit shall be required under this section or under the (c) If a permit issued under this Act of June 8, 1906 (16 U.S.C. section may result in harm to, or 431), for the excavation or destruction of, any religious or removal by any Indian tribe or cultural site, as determined by member thereof of any the Federal land manager, before archaeological resource located on issuing such permit, the Federal Indian lands of such Indian tribe, land manager shall notify any except that in the absence of Indian tribe which may consider tribal law regulating the the site as having religious or excavation or removal of cultural importance. Such notice archaeological resources on Indian shall not be deemed a disclosure lands, an individual tribal member to the public for purposes of shall be required to obtain a section 9. permit under this section.

(d) Any permit under this section (2) In the case of any permits for shall contain terms and the excavation or removal of any conditions, pursuant to uniform archaeological resources located regulations promulgated under this on Indian lands, the permit may be Act, as the Federal land manager granted only after obtaining the concerned deems necessary to carry consent of the Indian or Indian out the purposes of this Act. tribe owning or having jurisdiction over such land s. The (e) Each permit under this section permit shall include such terms shall identify the individual who and conditions as may be requested shall be responsible for carrying by such Indian or Indian tribe. out the terms and conditions of (h)(1) No permit or other the permit and for otherwise permission shall be required under complying with this Act and other the Act of June 8, 1906 (16 U.S.C. law applicable to the permitted 431433), for any activity for activity. which a permit is issued under this section. (f) Any permit issued under this (2) Any permit issued under the section may be suspended by the Act of June 8, 1906, shall remain Federal land manager upon his in effect according to its terms determination that the permittee and conditions following the has violated any provision of enactment of this Act. No permit subsection (a), (b), or (c) of shall be required to carry out any section 6. Any such permit may be activity under a permit issued revoked by such Federal land under the Act of June 8 , 1906, manager upon assessment of a civil before the date of the enactment penalty under section 7 against of this Act which remains in the permittee or upon the effect as provided in this

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 88 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) paragraph, and nothing in this Act resources excavated or removed shall modify or affect any such from Indian lands shall be subject permit. to the consent of the Indian or (i) Issuance of a permit in Indian tribe which owns or has accordance with this section and jurisdiction over such lands . applicable regulations shall not Following promulgation of require compliance with section regulations, under this section, 106 of the Act of October 15, 1966 notwithstanding any other (80 Stat. 917, 16 U.S.C. 470f). provision of law, such regulations (j) Upon the written request of shall govern the disposition of the Governor of any State, the archaeological resources removed Federal land manager shall issue a from public lands and Indian lands permit, subject to the provisions pursuant to this Act. of subsections (b)(3), (b)(4), (c), (e), (f), (g), (h), and (i) PROHIBITED ACTS AND CRIMINAL of this section for the purpose of PENALTIES conducting archaeological Sec. 6. (a) No person may research, excavation, removal, and excavate, remove, damage, or curation, on behalf of the State otherwise alter or deface any or its educational institutions, archaeological resource located on to such Governor or to such public lands or Indian lands designee as the Governor deems unless such activity is pursuant qualified to carry out the intent to a permit issued under section of this Act. 4, a permit referred to in section 4(h)( 2), or the exemption CUSTODY OF RESOURCES contained in section 4(g)(1). Sec. 5. The Secretary of the Interior may promulgate (b) No person may sell, purchase, regulations providing for exchange, transport, receive, or offer to sell, purchase, or (1) the exchange, where exchange any archaeological appropriate, between suitable resource if such resource was universities, museums, or other excavated or removed from public scientific or educational lands or Indian lands in violation institutions, of archaeological of resources removed from public (1) the prohibition contained in lands and Indian lands pursuant to subsection (a), or this Act, and (2) any provision, rule, regulation, ordinance, or permit (2) the ultimate disposition of in effect under any other such resources and other resources provision of Federal law. removed pursuant to the Act of June 27, 1960 (16 U.S.C. 469469c) (c) No person may sell, purchase, or the Act of June 8, 1906 (16 exchange, transport, receive, or U.S.C. 431433). Any exchange or offer to sell, purchase, or ultimate disposition under such exchange, in interstate or foreign regulation of archaeological commerce, any archaeological

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 89 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) resource escalated, removed, sold, applicable to any person with purchased, exchanged, transported, respect to the removal of or received in violation of any arrowheads located on the surface provision, rule, regulation, of the ground. ordinance, or permit in effect under State or local law. CIVIL PENALTIES Sec. 7. (a)(1) Any person who (d) Any person who knowingly violates any prohibition contained violates, or counsels, procures, in an applicable regulation or solicits, or employs any other permit issued under this Act may person to violate, any prohibition be assessed a civil penalty by the contained in subsection (a), (b), Federal land manager concerned. No or (c) of this section shall, upon penalty may be assessed under this conviction, be fined not more than subsection unless such person is $10,000 or imprison ed not more given notice and opportunity for a than one year, or both: Provided, hearing with respect to such however, That if the commercial or violation. Each violation shall be archaeological value of the a separate offense. Any such civil archaeological resources involved penalty may be remitted or and the cost of restoration and mitigated by the Federal land repair of such resources exceeds manager concerned. the sum of $5,000, such person (2) The amount of such penalty shall be fined not more than shall be determined under $20,000 or imprisoned not more regulation promulgated pursuant to than two years, or both. In the this Act, taking into account, in case of a second or subsequent addition to other factors such violation upon conviction such person shall be fined not (A) the archaeological or more than $100,000, or imprisoned commercial value of the not more than five years, or both. archaeological resource involved, and (e) The prohibitions contained in (B) the cost of restoration and this section shall take effect on repair of the resource and the the date of the enactment of this archaeological site involved. Act. of the enactment of this Act. Such regulations shall provide (f) Nothing in subsection (b)(1) that, in the case of a second or of this section shall be deemed subsequent violation by any applicable to any person with person, the amount of such civil respect to an archaeological penalty may be double the amount resource which was in the lawful which would have been assessed if possession of such person prior to such violation were the first the date of the enactment of this violation by such person. The Act. amount of any penalty assessed under this subsection for any (g) Nothing in subsection (d) of violation shall not exceed an this section shell be deemed amount equal to double the cost of

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 90 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) restoration and repair of transacts business to collect the resources and archaeological sites penalty and such court shall have damaged and double the fair market jurisdiction to hear and decide value of resources destroyed or any such action. In such action, not recovered. (3) No penalty the validity and amount of such shall be assessed under this penalty shall not be subject to section for the removal of review. (c) Hearings held during arrowheads located on the surface proceedings for the assessment of of the ground. civil penalties authorized by subsection (a) shall be conducted b)(1) Any person aggrieved by an in accordance with section 554 of order assessing a civil penalty title 5 of the United States Code. under subsection (a) may file a The Federal land manager may issue petition for judicial review of subpoenas for the attendance and such order with the United States testimony of witnesses and the District Court for the District of production of relevant papers, Columbia or for any other district books, and documents, and in which such a person resides or administer oaths. Witnesses transacts business. Such a summoned shall be paid the same petition may only be filed within fees and mileage that are paid to the 30day period beginning on the witnesses in the courts of the date the order making such United States. In case of assessment was issued. The court contumacy or refusal to obey a shall hear such action on the subpoena served upon any person record made before the Federal pursuant to this paragraph, the land manager and shall sustain his district court of the United action if it is supported by States for any district in which substantial evidence on the record such person is found or resides or considered as a whole. transacts business, upon (2) If any person fails to pay an application by the United States assessment of a civil penalty and after notice to such person, A) after the order making the shall have jurisdiction to issue assessment has become a final an order requiring such person to order and such person has not appear and give testimony before filed a petition for judicial the Federal land manager or to review of the order in accordance appear and produce documents with paragraph (1), or before the Federal land manager, (B) after a court in an action or both, and any failure to obey brought under paragraph (1) has such order of the court may be entered a final judgment upholding punished by such court as a the assessment of a civil penalty, contempt thereof. the Federal land managers may request the Attorney General to REWARDS; FORFEITURE institute a civil action in a Sec. 8. (a) Upon the certification district court of the United of the Federal land manager States for any district in which concerned, the Secretary of the such person is found, resides, or Treasury is directed to pay from

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 91 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) penalties and fines collected land manager or the court, as the under sections 6 and 7 an amount case may be, shall provide for the equal to onehalf of such penalty payment to the Indian or Indian or fine, but not to exceed $50 0, tribe involved of all penalties to any person who furnishes collected pursuant to section 7 information which leads to the and for the transfer to such finding of a civil violation, or Indian or Indian tribe of all the conviction of criminal items forfeited under this violation, with respect to which section. such penalty or fine was paid. If several persons provided such CONFIDENTIALITY information, such amount shall be Sec. 9. (a) Information concerning divided among such persons. No the nature and location of any officer or employee of the United archaeological resource for which States or of any service in the the excavation or removal requires performance of his official duties a permit or other permission under shell be eligible for payment this Act or under any other under this subsection. provision of Federal law may not (b) All archaeological resources be made available to the public with respect to which a violation under subchapter II of chapter 5 of subsection (a), (b), or (c) of of title 5 of the United States section 6 occurred and which are Code or under any other provision in the possession of any person, of law unless the Federal land and all vehicles and equipment of manager concerned determines that any person which were used in such disclosure would connection with such violation, (1) further the purposes of this may be (in the discretion of the Act or the Act of June 27, 1960 court or administrative law judge, (16 U.S.C. 469469c), and as the case may be( subject to (2) not create a risk of harm to forfeiture to the United States such resources or to the site at upon which such resources are located. (1) such person's conviction of (b) Notwithstanding the provisions such violation under section 6, of subsection (a), upon the (2) assessment of a civil penalty written request of the Governor of against such person under section any State, which request shall 7 with respect to such violation, state or (1) the specific site or area for (3) a determination of any court which information is sought, that such archaeological (2) the purpose for which such resources, vehicles, or equipment information is sought, were involved in such violation. (3) a commitment by the Governor (c) In cases in which a violation to adequately protect the of the prohibition contained in confidentiality of such subsection (a), (b), or (c) of information to protect the section 6 involve archaeological resource from commercial resources excavated or removed exploitation, from Indian lands, the Federal the Federal land manager concerned

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 92 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) shall provide to the Governor may be necessary, consistent with information concerning the nature the purposes of this Act, to and location of archaeological foster and improve the resources within the State of the communication, cooperation, and requesting Governor. exchange of information between (1) private individuals having REGULATIONS; INTERGOVERNMENTAL collections of archaeological COORDINATION resources and data which were Sec 10. (a) The Secretaries of the obtained before the date of the Interior, Agriculture and Defense enactment of this Act, and and the Chairman of the Board of (2) Federal authorities the Tennessee Valley Authority, responsible for the protection of after public notice and hearing, archaeological resources on the shall promulgate such uniform public lands and Indian lands and rules and regulations as may be professional archaeologists and appropriate to carry out t he associations of professional purposes of this Act. Such rules archaeologists. In carrying out and regulations may be promulgated this section, the Secretary shall, only after consideration of the to the extent practicable and provisions of the American Indian consistent with the provisions of Religious Freedom Act (92 Stat. this Act, make efforts to expand 469; 42 U.S.C. 1996). Each uniform the archaeological data base for rule or regulation promulgated the archaeological resources of under this Act shall be submitted the United States through on the same calendar day to the increased cooperation between Committee on Energy and Natural private individuals referred to in Resources of the United States paragraph (1) and professional Senate and to the Committee on archaeologists and archaeological Interior and Insular Affairs of organizations. the United States House of Representatives, and no such SAVINGS PROVISIONS uniform rule or regulation may Sec. 12. (a) Nothing in this Act take effect before the expiration shall be construed to repeal, of a period of ninety calendar modify, or impose additional days following the date of its restrictions on the activities submission to such Committees. permitted under existing laws and (b) Each Federal land manager authorities relating to mining, shall promulgate such rules and mineral leasing, reclamation, and regulations under subsection (a), other multiple uses of the public as may be appropriate for the lands. carrying out of his functions and (b) Nothing in this Act applies authorities under this Act. to, or requires a permit for, the collection for private purposes of COOPERATION WITH PRIVATE any rock, coin, bullet, or mineral INDIVIDUALS which is not an archaeological Sec. 11. The Secretary of the resource, as determined under Interior shall take such action as uniform regulations promulgated

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 93 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) under section 3(1). [H.R. 5237] (c) Nothing in this Act shall be construed to affect any land other To provide for the protection of than public land or Indian land or Native American graves, and for to affect the lawful recovery, other purposes. collection, or sale of Be it enacted by the Senate and archaeological resources from land House of Representatives of the other than public land or Indian United States of America in Congress land. assembled, Native American Graves Protection REPORT and Repatriation Act. Hawaiian Sec. 13. As part of the annual Natives. Historic preservation. report required to be submitted to 25 USC 3001 note. the specified committees of the 25 USC 3001. Congress pursuant to section 5(c) SECTION 1. SHORT TITLE. This Act of the Act of June 27, 1960 (74 may be cited as the "Native American Stat. 220; 16 U.S.C. 469469a), Graves Protection and Repatriation the Secretary of the Interior Act". shall comprehensively report as a separate component on the SEC. 2. DEFINITIONS. activities carried out under the For purposes of this Act, the term provisions of this Act, and he (1) "burial site" means any natural shall make such recommendations as or prepared physical location, he deems appropriate as to changes whether originally below, on, or or improvements needed in the above the surface of the earth, into provisions of this Act. Such which as a part of the death rite or report shall include a brief ceremony of a culture, individual summary of the actions undertaken human remains are deposited. by the Secretary under section 11 (2) "cultural affiliation " means of this Act, relating to that there is a relationship of cooperation with private shared group identity which can be individuals. reasonably traced historically or prehistorically between a present Appendix C Continued day Indian tribe or Native Hawaiian organization and an identifiable Native American Graves Protection earlier group. and Repatriation Act of 1990 (3) "cultural items" means human remains and PUBLIC LAW 101601NOV. 16, 1990 (A) " associated funerary objects " NATIVE AMERICAN GRAVES PROTECTION which shall mean objects that, as a AND REPATRIATION ACT [104 STAT. 3048 part of the death rite or ceremony PUBLIC LAW 101601NOV. 16, 1990] of a culture, are reasonably Public Law 101601 believed to have been placed with 101st Congress individual human remains either at An Act the time of death or later, and both Nov.16,1990 the human remains and associated funerary objects are presently in

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 94 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) the possession or control of a individual is a member of the Indian Federal agency or museum, except tribe or Native Hawaiian that other items exclusively made organization and such object shall for burial purposes or to contain have been considered inalienable by human remains shall be considered as such Native American group at the associated funerary objects. time the object was separated from (B) " unassociated funerary objects " such group. which shall mean objects that, as a (4) "Federal agency" means any part of the death rite or ceremony department, agency, or of a culture, are reasonably instrumentality of the United believed to have been placed with States. Such term does not include individual human remains either at the Smithsonian Institution. the time of death or later, where (5) "Federal lands" means any land the remains are not in the other than tribal lands which are possession or control of the Federal controlled or owned by the United agency or museum and the objects can States, including lands selected by be identified by a preponderance of but not yet conveyed to Alaska the evidence as related to specific Native Corporations and groups individuals or families or to known organized pursuant to the Alaska human remains or, by a preponderance Native Claims Settlement Act of of the evidence, as having been 1971. removed from a specific burial site (6) "Hui Malama I Na Kupuna O of an individual culturally Hawai'i Nei" means the nonprofit, affiliated with a particular Indian Native Hawaiian organization tribe, incorporated under the laws of the (C) " sacred objects " which shall State of Hawaii by that name on mean specific ceremonial objects April 17, 1989, for the purpose of which are needed by traditional providing guidance and expertise in Native American religious leaders decisions dealing with Native for the practice of traditional Hawaiian cultural issues, Native American religions by their particularly burial issues. present day adherents, and (7) "Indian tribe" means any tribe, (D) " cultural patrimony " which shall band, nation, or other organized mean an object having ongoing group or community of Indians, historical, traditional, or cultural including any Alaska Native village importance central to the Native (as defined in, or established American group or culture itself, pursuant to, the Alaska Native rather than property owned by an Claims Settlement Act), which is individual Native recognized as eligible for the special programs and services [PUBLIC LAW 101-601--NOV. 16, 1990 provided by the United States to 104 STAT. 3049] Indians because of their status as Indians. American, and which, therefore, (8) "museum" means any institution cannot be alienated, appropriated, or State or local government agency or conveyed by any individual (including any institution of higher regardless of whether or not the learning) that receives Federal

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 95 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) funds and has possession of, or [104 STAT. 3050 PUBLIC LAW 101-601-- control over, Native American NOV. 16, 1990] cultural items. Such term does not include the Smithsonian Institution applied in section 7(c), result in a or any other Federal agency. Fifth Amendment taking by the United (9) "Native American" means of, or States as determined by the United relating to, a tribe, people, or States Claims Court pursuant to 28 culture that is indigenous to the U.S.C. 1491 in which event the United States. "right of possession" shall be as (10) "Native Hawaiian" means any provided under otherwise applicable individual who is a descendant of property law. The original the aboriginal people who, prior to acquisition of Native American human 1778, occupied and exercised remains and associated funerary sovereignty in the area that now objects which were excavated, constitutes the State of Hawaii. exhumed, or otherwise obtained with (11) "Native Hawaiian organization" full knowledge and consent of the means any organization which next of kin or the official (A) serves and represents the governing body of the appropriate interests of Native Hawaiians, culturally affiliated Indian tribe (B) has as a primary and stated or Native Hawaiian organization is purpose the provision of services to deemed to give right of possession Native Hawaiians, and to those remains. (C) has expertise in Native Hawaiian (14) "Secretary" means the Secretary Affairs, and shall include the of the Interior. Office of Hawaiian Affairs and Hui (15) "tribal land" means Malama I Na Kupuna O Hawai'i Nei. (A) all lands within the exterior (12) "Office of Hawaiian Affairs" boundaries of any Indian means the Office of Hawaiian Affairs reservation; established by the constitution of (B) all dependent Indian the State of Hawaii. communities; (13) "right of possession" means (C) any lands administered for the possession obtained with the benefit of Native Hawaiians pursuant voluntary consent of an individual to the Hawaiian Homes Commission or group that had authority of Act, 1920, and section 4 of Public alienation. The original acquisition Law 863. of a Native American unassociated funerary object, sacred object or 25 USC 3002. SEC 3. OWNERSHIP. object of cultural patrimony from an (a) NATIVE AMERICAN HUMAN REMAINS Indian tribe or Native Hawaiian AND OBJECTS.The ownership or organization with the voluntary control of Native American cultural consent of an individual or group items which are excavated or with authority to discovered on Federal or tribal alienate such object is deemed to lands after the date of enactment of give right of possession of that this Act shall be (with priority object, unless the phrase so defined given in the order listed) would, as (1) in the case of Native American human remains and associated

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 96 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) funerary objects, in the lineal (b) UNCLAIMED NATIVE AMERICAN HUMAN descendants of the Native American; REMAINS AND OBJECTS.Native or American cultural items not claimed (2) in any case in which such lineal under subsec descendants cannot be ascertained, and in the case of unassociated [PUBLIC LAW 101-601--NOV. 16,-1990 funerary objects, sacred objects, 104 STAT. 3051] and objects of cultural patrimony (A) in the Indian tribe or Native (a) shall be disposed of in Hawaiian organization on whose accordance with regulations tribal land such objects or remains promulgated by the Secretary in were discovered; Claims. consultation with the review (B) in the Indian tribe or Native committee established under section Hawaiian organization which has the 8,Native American groups, closest cultural affiliation with representatives of museums and the such remains or objects and which, scientific community. upon notice, states a claim for such remains or objects; or (c) INTENTIONAL EXCAVATION AND (C) if the cultural affiliation of REMOVAL OF NATIVE AMERICAN HUMAN the objects cannot be reasonably REMAINS AND OBJECTS.The ascertained and if the objects were intentional removal from or discovered on Federal land that is excavation of Native American recognized by a final judgment of cultural items from Federal or the Indian Claims Commission or the tribal lands for purposes of United States Court of Claims as the discovery, study, or removal of such aboriginal land of some Indian items is permitted only if tribe (1) such items are excavated or (1) in the Indian tribe that is removed pursuant to a permit issued recognized as aboriginally occupying under section 4 of the the area in which the objects were Archaeological Resources Protection discovered, if upon notice, such Act of 1979 (93 Stat. 721; 16 U.S.C. tribe states a claim for such 470aa et seq.) which shall be remains or objects, or consistent with this Act; (2) if it can be shown by a (2) such items are excavated or preponderance of the evidence that a removed after consultation with or, different tribe has a stronger in the case of tribal lands, consent cultural relationship with the of the appropriate (if any) Indian remains or objects than the tribe or tribe or Native Hawaiian organization specified in paragraph organization; (1), in the Indian tribe that has (3) the ownership and right of the strongest demonstrated control of the disposition of such relationship, if upon notice, such items shall be as provided in tribe states a claim for such subsections (a) and (b); and remains or objects. (4) proof of consultation or consent under paragraph (2) is shown. Regulations.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 97 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (d) INADVERTENT DISCOVERY OF NATIVE be determined as provided for in AMERICAN REMAINS AND OBJECTS.(1) this section. Any person who knows, or has reason (3) If the Secretary of the Interior to know, that such person has consents, the responsibilities (in discovered Native American cultural whole or in part) under paragraphs items on Federal or tribal lands (1) and (2) of the Secretary of any after the date of enactment of this department (other than the Act shall notify, in writing, the Department of the Interior) or the Secretary of the Department, or head head of any other agency or of any other agency or instrumentality may be delegated to instrumentality of the United the Secretary with respect to any States, having primary management land managed by such other Secretary authority with respect to Federal or agency head. lands and the appropriate Indian tribe or Native Hawaiian (e) RELINQUISHMENT.Nothing in this organization with respect to tribal section shall prevent the governing lands, if known or readily body of an Indian tribe or Native ascertainable, and, in the case of Hawaiian organization from expressly lands that have been selected by an relinquishing control over any Alaska Native Corporation or group Native American human remains, or organized pursuant to the Alaska title to or control over any Native Claims Settlement Act of funerary object, or sacred object. 1971, the appropriate corporation or group. If the discovery occurred in [104 STAT. 3052 PUBLIC LAW 101-601-- connection with an activity, NOV. 16, 1990] including (but not limited to) construction, mining, logging, and SEC. 4. ILLEGAL TRAFFICKING. agriculture, the person shall cease (a) ILLEGAL TRAFFICKING.Chapter 53 the activity in the area of the of title 18, United States Code, is discovery, make a reasonable effort amended by adding at the end thereof to protect the items disc red before the following new section: resuming such activity, and provide notice under this subsection. " 1170. Illegal Trafficking in Following the notification under Native American Human 1170. Illegal this subsection, and upon Trafficking in Native American Human certification by the Secretary of Remains and Cultural Items the department or the head of any "(a) Whoever knowingly sells, agency or instrumentality of the purchases, uses for profit, or United States or the appropriate transports for sale or profit, the Indian tribe or Native Hawaiian human remains of a Native American organization that notification has without the right of possession to been received, the activity may those remains as provided in the resume after 30 days of such Native American Graves Protection certification. and Repatriation Act shall be fined (2) The disposition of and control in accordance with this title, or over any cultural items excavated or imprisoned not more than 12 months, removed under this subsection shall or both, and in the case of a second

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 98 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) or subsequent violation, be fined in (A) completed in consultation with accordance with this title, or tribal government and Native imprisoned not more than 5 years, or Hawaiian organization officials and both. traditional religious leaders; "(b) Whoever knowingly sells, (B) completed by not later than the purchases, uses for profit, or date that is 5 years after the date transports for sale or profit any of enactment of this Act, and Native American cultural items (C) made available both during the obtained in violation of the Native time they are being conducted and American Grave Protection and afterward to a review committee Repatriation Act shall be fined in established under section 8. accordance with this title, (2) Upon request by an Indian tribe imprisoned not more than one year, or Native Hawaiian organization or both, and in the case of a second which receives or should have or subsequent violation, be fined in received notice, a museum or Federal accordance with this title, agency shall supply additional imprisoned not more than 5 years, or available documentation to both.". supplement the information required (b) TABLE OF CONTENTS.The table of by subsection (a) of this section. contents for chapter 53 of title 18, The term "documentation" means a United States Code, is amended by summary of existing museum or adding at the end thereof the Federal agency records, including following new item: inventories or catalogues, relevant "1170. Illegal Trafficking in Native studies, or other pertinent data for American Human Remains and Cultural the limited purpose of determining Items.". the geographical origin, cultural affiliation, and basic facts Museums. 25 USC 3003. SEC. 5. surrounding acquisition and INVENTORY FOR HUMAN REMAINS AND accession of Native American human ASSOCIATED FUNERARY OBJECTS. remains and associated funerary (a) IN GENERAL.Each Federal agency objects subject to this section. and each museum which has possession Such term does not mean, and this or control over holdings or Act shall not be collections of Native American human remains and associated funerary [PUBLIC LAW 101-601--NOV. 16, 1990 objects shall compile an inventory 104 STAT. 3053] of such items and, to the extent possible based on information construed to be an authorization possessed by such museum or Federal for, the initiation of new agency, identify the geographical scientific studies of such remains and cultural affiliation of such and associated funerary objects or item. other means of acquiring or (b) REQUIREMENTS.(1) The preserving additional scientific inventories and identifications information from such remains and required under subsection (a) shall objects. be (c) EXTENSION OF TIME FOR INVENTORY.Any museum which has

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 99 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) made a good faith effort to carry or objects culturally affiliated out an inventory and identification with the Indian tribe or Native under this section, but which has Hawaiian organization. been unable to complete the process, (3) A copy of each notice provided may appeal to the Secretary for an under paragraph (1) shall be sent to extension of the time requirements the Secretary who set forth in subsection (b)(1)(B). The Secretary may extend such time Federal Register,publication shall requirements for any such museum publish each notice in the Federal upon a finding of good faith effort. Register. An indication of good faith shall include the development of a plan to (e) INVENTORY.For the purposes of carry out the inventory and this section, the term "inventory" identification process. means a simple itemized list that (d) NOTIFICATION(1) If the summarizes the information called cultural affiliation of any for by this section. particular Native American human remains or associated funerary 25 USC 3004. SEC. 6. SUMMARY FOR objects is determined pursuant to UNASSOCIATED FUNERARY OBJECTS, this section, the Federal agency or SACRED OBJECTS, AND CULTURAL museum concerned shall, not later PATRIMONY. than 6 months after the completion of the inventory, notify the Museums. affected Indian tribes or Native (a) IN GENERAL.Each Federal agency Hawaiian organizations. or museum which has possession or (2) The notice required by paragraph control over holdings or collections (1) shall include information of Native American unassociated (A) which identifies each Native funerary objects, sacred objects, or American human remains or associated objects of cultural patrimony shall funerary objects and the provide a written summary of such circumstances surrounding its objects based upon available acquisition; information held by such agency or (B) which lists the human remains or museum. The summary shall describe associated funerary objects that are the scope of the collection, kinds clearly identifiable as to tribal of objects included, reference to origin; and geographical location, means and (C) which lists the Native American period of acquisition and cultural human remains and associated affiliation, where readily funerary objects that are not ascertainable. clearly identifiable as being (b) REQUIREMENTS. (1) The summary culturally affiliated with that required under subsection (a) shall Indian tribe or Native Hawaiian be organization, but which, given the (A) in lieu of an objectbyobject totality of circumstances inventory; surrounding acquisition of the (B) followed by consultation with remains or objects, are determined tribal government and Native by a reasonable belief to be remains

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 100 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Hawaiian organization officials and respect to unassociated funerary traditional religious leaders; and objects, sacred objects or objects of cultural patrimony, then the [104 STAT. 3054 PUBLIC LAW 101-601-- Federal agency or museum, upon the NOV. 16, 1990] request of the Indian tribe or Native Hawaiian organization and (C) completed by not later than the pursuant to subsections (b), (c) and date that is 3 years after the date (e) of this section, shall of enactment of this Act. expeditiously return such objects. (2) Upon request, Indian Tribes and (3) The return of cultural items Native Hawaiian organizations shall covered by this Act shall be in have access to records, catalogues, consultation with the requesting relevant studies or other pertinent lineal descendant or tribe or data for the limited purposes of organization to determine the place determining the geographic origin, and manner of delivery of such cultural affiliation, and basic items. facts surrounding acquisition and (4) Where cultural affiliation of accession of Native American objects Native American human remains and subject to this section. Such funerary objects has not been information shall be provided in a established in an inventory prepared reasonable manner to be agreed upon pursuant to section 5, or the by all parties. summary pursuant to section 6, or where Native American human remains 25 USC 3005. SEC. 7. REPATRIATION. and funerary objects are not (a) REPATRIATION OF NATIVE AMERICAN included upon any such inventory, HUMAN REMAINS AND OBJECTS POSSESSED then, upon request and pursuant to OR CONTROLLED BY FEDERAL AGENCIES subsections (b) and (e) and, in the AND MUSEUMS. case of unassociated funerary (1) If, pursuant to section 5, the objects, subsection (c), such Native cultural affiliation of Native American human remains and funerary American human remains and objects shall be expeditiously associated funerary objects with a returned where the requesting Indian particular Indian tribe or Native tribe or Native Hawaiian Hawaiian organization is organization can show cultural established, then the Federal agency affiliation by a preponderance of or museum, upon the request of a the evidence based upon known lineal descendant of the geographical, kinship, biological, Native American or of the tribe or archaeological, anthropological, organization and pursuant to linguistic, folkloric, oral subsections (b) and (e) of this traditional, historical, or other section, shall expeditiously return relevant information or expert such remains and associated funerary opinion. objects. (5) Upon request and pursuant to (2) If, pursuant to section 6, the subsections (b), (c) and (e), sacred cultural affiliation with a objects and objects of cultural particular Indian tribe or Native patrimony shall be expeditiously Hawaiian organization is shown with returned where

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 101 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (A) the requesting party is the funerary objects, sacred objects or direct lineal descendant of an objects of cultural patrimony individual who owned the sacred pursuant to this Act and presents object; evidence which, if standing alone (B) the requesting Indian tribe or before the introduction of evidence Native Hawaiian organization can to the contrary, would support a show that the object was owned or finding that the Federal agency or controlled by the tribe or museum did not have the right of organization; or possession, then such agency or (C) the requesting Indian tribe or museum shall return such objects Native Hawaiian organization can unless it can overcome such show that the sacred object was inference and prove that it has a owned or controlled by a member right of possession to the objects. thereof, provided that in the case where a sacred object was owned by a (d) SHARING OF INFORMATION BY member thereof, there are no FEDERAL AGENCIES AND MUSEUMS.Any identifiable Federal agency or museum shall share what information it does possess [PUBLIC LAW 101-601--NOV. 16, 1990 regarding the object in question 104 STAT. 3055] with the known lineal descendant, Indian tribe, or Native Hawaiian lineal descendants of said member or organization to assist in making a the lineal descendent, upon notice, claim under this section. have failed to make a claim for the object under this Act. (e) COMPETING CLAIMS.Where there are multiple requests for (b) SCIENTIFIC STUDY.If the lineal repatriation of any cultural item descendant, Indian tribe, or Native and, after complying with the Hawaiian organization requests the requirements of this Act, the return of culturally affiliated Federal agency or museum cannot Native American cultural items, the clearly determine which requesting Federal agency or museum shall party is the most appropriate expeditiously return such items claimant, the agency or museum may unless such items are indispensable retain such item until the for completion of a specific requesting parties agree upon its scientific study, the outcome of disposition or the dispute is which would be of major benefit to otherwise resolved pursuant to the the United States. Such items shall provisions of this Act or by a court be returned by no later than 90 days of competent jurisdiction. after the date on which the (f) MUSEUM OBLIGATION.Any museum scientific study is completed. which repatriates any item in good faith pursuant to this Act shall not (c) STANDARD OF REPATRIATION.If a be liable for claims by an aggrieved known lineal descendant or an Indian party or for claims of breach of tribe or Native Hawaiian fiduciary duty, public trust, or organization requests the return of violations of state law that are Native American unassociated

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 102 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) inconsistent with the provisions of (4) Members of the committee this Act. established under subsection (a) shall serve without pay, but shall 25 USC 3006. SEC. 8. REVIEW be reimbursed at a rate equal to the COMMITTEE. daily rate for GS18 of the General (a) ESTABLISHMENT.Within 120 days Schedule for each day (including after the date of enactment of this travel time) for which the member is Act, the Secretary shall establish a actually engaged in committee committee to monitor and review the business. Each member shall receive implementation of the inventory and travel expenses, including per diem identification process and in lieu of subsistence, in repatriation activities required accordance with sections 5702 and under sections 5, 6 and 7. 5703 of title 5, United States Code.

(b) MEMBERSHIP(1) The Committee (c) RESPONSIBILITIES.The committee established under subsection (a) established under subsection a) shall be composed of 7 members, shall be responsible for (A) 3 of whom shall be appointed by the Secretary from nominations (1) designating one of the members submitted by Indian tribes, Native of the committee as chairman; Hawaiian organizations, and (2) monitoring the inventory and traditional Native American identification process conducted religious leaders with at least 2 of under sections 5 and 6 to ensure a such persons being traditional fair, objective consideration and Indian religious leaders; assessment of all available relevant (B) 3 of whom shall be appointed by information and evidence; the Secretary from nominations (3) upon the request of any affected submitted by national museum party, reviewing and making findings organizations and scientific related to organizations; and (A) the identity or cultural (C) 1 who shall be appointed by the affiliation of cultural items, or Secretary from a list of persons (B) the return of such items; developed and consented to by all of (4) facilitating the resolution of the members appointed pursuant to any disputes among Indian tribes, subparagraphs (A) and (B). Native Hawaiian organizations, or lineal descendants and Federal [104 STAT 3056 PUBLIC LAW 101601 agencies or museums relating to the NOV. 16, 1990] return of such items including (2) The Secretary may not appoint convening the parties to the dispute Federal officers or employees to the if deemed desirable; committee. (5) compiling an inventory of (3) In the event vacancies shall culturally unidentifiable human occur, such vacancies shall be remains that are in the possession filled by the Secretary in the same or control of each Federal agency manner as the original appointment and museum and recommending specific within 90 days of the occurrence of actions for developing a process for such vacancy. disposition of such remains;

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 103 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (6) consulting with Indian tribes [PUBLIC LAW 101-601--NOV 16, 1990 and Native Hawaiian organizations 104 STAT. 3057] and museums on matters within the scope of the work of the committee (2) provide reasonable affecting such tribes or administrative and staff support organizations; necessary for the deliberations of (7) consulting with the Secretary in the committee. the development of regulations to carry out this Act; (h) ANNUAL REPORT.The committee (8) performing such other related established under subsection (a) functions as the Secretary may shall submit an annual report to the assign to the committee; and Congress on the progress made, and (9) making recommendations, if any barriers encountered, in appropriate, regarding future care implementing this section during the of cultural items which are to be previous year. repatriated. (i) TERMINATION.The committee (d) Any records and findings made by established under subsection (a) the review committee pursuant to shall terminate at the end of the this Act relating to the identity or 120day period beginning on the day cultural affiliation of any cultural the Secretary certifies, in a report items and the return of such items submitted to Congress, that the work may be admissible in any action of the committee has been completed. brought under section 15 of this Act. Museums. SEC. 9. PENALTY. 25 USC (e) RECOMMENDATIONS AND REPORT.The 3007. committee shall make the (a) PENALTY.Any museum that fails recommendations under paragraph to comply with the requirements of (c)(5) in consultation with Indian this Act may be assessed a civil tribes and Native Hawaiian penalty by the Secretary of the organizations and appropriate Interior pursuant to procedures scientific and museum groups. established by the Secretary through (f) ACCESS.The Secretary shall regulation. A penalty assessed under ensure that the committee this subsection shall be determined established under subsection (a) and on the record after opportunity for the members of the committee have an agency hearing. Each violation reasonable access to Native American under this subsection shall be a cultural items under review and to separate offense. associated scientific and historical documents. (b) AMOUNT OF PENALTY.The amount (g) DUTIES OF SECRETARY.The of a penalty assessed under Secretary shall subsection (a) shall be determined under regulations promulgated Regulations. pursuant to this Act, taking into (1) establish such rules and account, in addition to other regulations for the committee as may factors be necessary, and

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 104 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) (1) the archaeological, historical, (b) MUSEUMS.The Secretary is or commercial value of the item authorized to make grants to museums involved; for the purpose of assisting the (2) the damages suffered, both museums in conducting the economic and noneconomic, by an inventories and identification aggrieved party, and required under sections 5 and 6. (3) the number of violations that have occurred. 25 USC 3009. SEC. 11. SAVINGS PROVISIONS. (c) ACTIONS TO RECOVER PENALTIES. Nothing in this Act shall be If any museum fails to pay courts. construed to an assessment of a civil penalty (1) limit the authority of any pursuant Federal agency or museum to (A) return or repatriate Native Courts. to a final order of the American cultural items to Indian Secretary that has been issued under tribes, Native Hawaiian subsection (a) and not appealed or organizations, or individuals, and after a final judgment has been rendered on appeal of such order, [104 STAT. 3058 PUBLIC LAW 101601 the Attorney General may institute a NOV. 16, 1990] civil action in an appropriate district court of the United States to collect the penalty. In such action, the validity and amount of such penalty shall not be subject to review. (d) SUBPOENAS.In hearings held pursuant to subsection (a), subpoenas may be issued for the attendance and testimony of witnesses and the production of relevant papers, books, and documents. Witnesses so summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

25 USC 3008. SEC. 10. GRANTS. (a) INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS.The Secretary is authorized to make grants to Indian tribes and Native Hawaiian organizations for the purpose of assisting such tribes and organizations in the repatriation of Native American cultural items.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 105 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Page 106 Appendix D: State Metal Detecting Law Examples

Links Only

Iowa – Beach detecting with limitations http://www.iowadnr.gov/parks/rules_regs/metal_detectors.html

Nebraska – Beach detecting with specific guidance (001.14C) http://www.sos.ne.gov/rulesand regs/regsearch/Rules/Game_and_Parks_Commission/Title163/Chapter5.pdf

New Hampshire – Beach detecting with guidance ( Res 7301.19 & 20 ) http://www.gencourt.state.nh.us/rules/state_agencies/res7300.html

Oregon – Permit require for & permit not required for detecting http://www.oregon.gov/OPRD/PARKS/GoPlay/metal_detecting.shtml

Copy also available in Appendix D

Page 107: South Dakota Permit process for detecting http://gfp.sd.gov/stateparks/docs/metaldetectorapplication.pdf

Page 108: Arkansas – Some beach detecting with limitation & permit http://www.adptfoi.com/Parks/PD3225%20Recreational%20Metal%20Detecting.pdf

Page 109: Michigan – List of Parks open, partial and closed to detecting http://www.michigan.gov/dnr/0,1607,715310365_1088397922,00.html

Page 112: Washington – Registration process to detect at select parks (Brochure) http://www.parks.wa.gov/parks/Metal%20Detecting%20brochure.pdf

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 106 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Appendix D ______Address:______Example of South Dakota’s Permit City: ______State: ______Zip Process Code: ______Phone #: Daytime: _____Evening: __ Metal Detectors in State Parks Date Issued: ______No person may use a metal detector Permit Is Valid From: ______on lands owned, leased, managed, or Through: ______controlled by the department without written authorization from the site 41:03:01:29. Restrictions on use of manager. Metal detector use granted metal detectors – Written by a permit and will only be allowed authorization required. No person if you are Recreational metal may use a metal detector on lands detecting on designated swimming owned, leased, managed, or beaches. controlled by the department without written Department staff performing authorization from the site manager operations tasks. or other department representative. Written authorization may include Archaeologists performing official conditions for permitted use research (they must first have a specific to the applicable area. permit from the State Archaeologist before a Department permit can be 41:03:01:05. Destruction or removal issued.) Looking for a lost of natural features prohibited – personal item*. When looking for a lost personal item, the person needs Exception. A person may not destroy, to describe the lost item to the damage, or remove a living or dead site manager issuing the permit. If tree, shrub, or vegetation; disturb the area to be searched is not any earth, rocks, minerals, natural within a designated swimming beach, formations, or historic relics; or digging will not be permitted since destroy, damage, or remove any the lost item will most likely be antlers, skulls, or other parts of above the surface. animal carcass located on lands owned or leased by the department *Before a permit is issued, the site without written permission from the manager needs to explain the special secretary or a designated agent. conditions and restrictions stated However, a person participating in on the permit. By the permittee religious activities in Bear Butte signing the permit, they acknowledge State Park or recreation areas and the limitations and restrictions set lakeside use areas adjacent to the forth by the permit. Missouri River may use grasses and forbs taken from the park. SOUTH DAKOTA GAME, FISH & PARKS METAL DETECTOR PERMIT SPECIAL CONDITIONS AND RESTRICTIONS Department Area: This permit applies only to the ______following area Permit issued to: Name: ______and

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 107 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) may be used ONLY during the hours • List of Parks of__. Permits must be carried by the Crowley’s Ridge permittee or be available in the Daisy vehicle. Permittee must inform DeGray Lake Resort department staff in advance before Lake Catherine using detectors by either stopping Lake Charles at the office prior to detecting or Lake Dardanelle calling a day in advance to Lake Ouachita ______. Tools used for Village Creek digging are limited to probes not Woolly Hollow over 6 inches long, one inch wide and onequarter inch thick. Sand The rules and procedures regarding scoop or sieve not over 10 inches in the use of metal detectors are: diameter. All excavations shall be returned to their original condition A. Metal detecting may occur from prior to the beginning of new the day after Labor Day through excavations or leaving the area. the weekend preceding Memorial Day Holes may only be a maximum of 6" in Sunday through Saturday from 8:00 depth. A litter apron or bag is to a.m. to 5:00 p.m.; be worn or carried during metal detector use and all litter disposed B. Metal dectectorists must of in an approved trash container. complete a registration form (see All found items will be brought to attached copy) and have it on the office for inspection by their person when metal detecting; department staff. The department retains the right to keep anything C. Digging implements and hole of historical, archeological or sizes will be regulated; culturally significant value. Department staff must approve any D. Items of historical and/or exceptions or changes to these archeological significance will restrictions. not be removed. Park staff must be Permittee Signature: contacted immediately upon the ______Date: ______discovery of such items; Department Representative: ______Date: E. Uncovered “valuables” will be ______left at the park office until a GFPRP&R29003/03 reasonable time has passed for the Appendix D original owner to claim the item (30 days per Arkansas Lost and Example of Arkansas Metal Detecting Found laws – Excludes coins in Law by Park circulation). All persons using metal detectors must complete a Metal detecting will be allowed only found property report at public swim beaches & waters located at the following parks: before leaving a park. If no claim is made within the thirty days,

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 108 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) the item may be collected by the ______I finder. have read and understand the Effective Until Persons using NAME (First, Middle, Last) metal detectors shall: procedures for using a metal ______de A. Observe all laws, regulations, tector in ______State Parks. and procedures; Street Address ______B. Observe the metal detectors City State Zip code of ethics (see Signature www.fmdac.com); ______Date C. Never destroy or disturb park facilities, natural features, Appendix D historical, or archeological resources; Example of Michigan Metal Detecting Law by Park D. Conduct themselves with thoughtfulness, courtesy, and Metal Detecting in State Parks consideration for others by not interfering with other Metal detecting is recognized as a recreational activities or legitimate recreation activity allowing any emitted sound that is when it is conducted in ways that audible to other park users; do not damage the natural and cultural resources in Michigan E. Limit digging implements to ice State Parks nor violate applicable picks, screwdrivers, and probes state statues. Any items found not to exceed two (2”) inches in must be reviewed by park staff and width and sand scoops not to may be retained for further exceed six (6”) inches in width investigation. and eight (8”) inches in length, Entire park open: containing perforations no less than onehalf (1/2”) inch in Brimley State Park width, to be used only on sand Grand Haven State Park surfaces; Lakeport State Park Mears State Park F. Limit any holes dug to six (6”) Traverse City State Park inches maximum depth, refill holes immediately following searches, Parks with designated and restore surfaces to previous areas (maps are provided conditions; on the linking pages):

G. Properly dispose of all found Algonac State Park or recovered trash or litter. Aloha State Park Bald Mountain Recreation REGISTRATION for Metal Detector Use Area Baraga State Park

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 109 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Bay City State Park Warren Dunes State Park Bewabic State Park Waterloo Recreation Area Brighton Recreation Area Wilderness State Park Cheboygan State Park Wilson State Park Clear Lake State Park Yankee Springs Recreation Area Craig Lake State Park Young State Park Duck Lake State Park Grand Mere State Park Parks closed to metal detecting : Harrisville State Park Hartwick Pines State Park Agate Falls Scenic Site Hayes State Park Bass River Recreation Area Highland Recreation Area Bond Falls Scenic Site Hoeft State Park Burt Lake State Park Hoffmaster State Park Cambridge Junction Historic State Holland State Park Park Holly Recreation Area Coldwater Lake State Park Indian Lake State Park Dodge #4 State Park Ionia Recreation Area Father Marquette Memorial Scenic Island Lake Recreation Area Site Lake Gogebic State Park Fayette Historic State Park Lake Hudson Recreation Area Fisherman's Island State Park Ludington State Park Fort Custer Recreation Area MetamoraHadley Recreation Area Fort Wilkins Historic State Park Mitchell State Park HartMontague Trail State Park Muskegon State Park Interlochen State Park Negwegon State Park KalHaven Trail State Park Orchard Beach State Park Lakelands Trail State Park Ortonville Recreation Area Laughing Whitefish Falls Scenic Otsego Lake State Park Site Petoskey State Park Leelanau State Park Pinckney Recreation Area Maybury State Park Pontiac Lake Recreation Area MeridianBaseline State Park Porcupine Mountains Wilderness McLain State Park State Park Muskallonge Lake State Park Proud Lake Recreation Area Newago State Park Rifle River Recreation Area North Higgins Lake State Park Saugatuck Dunes State Park Onaway State Park Seven Lakes State Park Palms Book State Park Silver Lake State Park Port Crescent State Park Sleeper State Park Sanilac Petroglyphs Historic State Sleepy Hollow State Park Park South Higgins Lake State Park Straits State Park Sterling State Park Sturgeon Point Scenic Site Tawas Point State Park Tahquamenon Falls State Park Twin Lakes State Park Thompson's Harbor State Park Van Buren State Park Van Buren Trail State Park Van Riper State Park Wagner Falls Scenic Site

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 110 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Warren Woods State Park William G. Milliken State Park and Harbor Wells State Park Wetzel State Recreation Area Fred Meijer White Pine Trail State Park

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 111 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Metal Detecting Association of Washington http://www.metaldetectwa.org

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 112 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One)

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 113 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Page 114 Appendix E: U.K. Treasure Act and Support Articles

Page 115: U.K. 1996 Treasure Act http://www.finds.org.uk/documents/treasure_act.pdf or http://www.opsi.gov.uk/acts/acts1996/ukpga_19960024_en_1

Page 118: Code of Practice for Responsible Metal Detecting in England and Wales http://www.ncmd.co.uk/docs/CofP1.pdf

Support Articles:

Page 120: The Independent, UK January 14, 2007 Website: Treasure trove: Metaldetecting finds up by 20 per cent in a year This Britain, UK The Independent

Page 121: Finders keepers? by Farrer & Co LLP Amy Wilson United Kingdom February 19 2010 Website: Lexology Finders keepers?

Page 123: From The Times November 20, 2008 Website: http://www.timesonline.co.uk/tol/news/uk/article5192991.ece Paydirt at last after 40 years of prospecting for gold By Laura Dixon and Ben Hoyle

Page 125: Archaeology Website: Gold and silver jewellery among surge in finds by metal detector sleuths | UK news | The Guardian 'Unsung heroes of heritage' extolled for unearthing hoard of treasure Gold and silver jewellery among surge in finds by metal detector sleuths by Maev Kennedy The Guardian, Thursday 18 January 2007 Article history

Page 127: Treasure Valuation Committee agree £3.285 million valuation for the Staffordshire AngloSaxon Hoard http://www.britishmuseum.org/the_museum/news_and_press_releases/press_rele ases/2009/staffordshire_hoard_valuation.aspx

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 114 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation (Draft Version One) Appendix E: U.K. Treasure Act and Support Articles that it is at least 300 years old U.K. Treasure Act when found, if the object is of Information for finders of treasure prehistoric date it will be (England and Wales) Introduction and background Treasureprovided any part of it is precious metal. The Treasure Act 1996 2. Any group of two or more metallic replaced the common law of treasure objects of any composition of trove in England , Wales and prehistoric date that comes from the Northern Ireland . On 1 January same find (see below) 2003, the definition of Treasure was 3. All coins from the same find extended, as set out below. provided that they are at least 300 Provided on these pages is a years old when found (but if the summary of the main points of this coins contain less than 10 per cent Act; further information will be of gold or silver there must be at found in the Treasure Act Code of least ten of them). Only the Practice, which can be downloaded following groups of coins will (free of charge) from the Department normally be regarded as coming from for Culture, Media and Sport's the same find: (a) hoards that have website at www.culture.gov.uk from been deliberately hidden, (b) the British Museum 's Treasure smaller groups of coins, such as the Registrar, and from your Local Finds contents of purses, that may have Liaison Officer, (see been dropped or lost, and (c) votive www.finds.org.uk ) or through the or natural deposits. National Council for Metal 4. Any object, whatever it is made Detecting. of, that is found in the same place Metal detectorists are as, or had previously been together strongly advised to obtain a copy of with, another object that is the Code of Practice which, among Treasure. other things, contains guidance for 5. Any object that would previously detectorists, sets out guidelines on have been treasure trove, but does rewards, gives advice on the care of not fall within the specific finds and has lists of useful categories given above. Only objects addresses. that are less than 300 years old, that are made substantially of gold What Objects Qualify as Treasure? or silver, that have been deliberately hidden with the The following finds are Treasure intention of recovery and whose under the act, if found after 24th owners or heirs are unknown will September 1997 (or in the case of come into this category. category 2 if found after January 1 Note: An object or coin is part of 2003): the 'same find' as another object or 1. Any metallic object other than a coin if it is found in the same coin, provided that at least 10 per place as, or had been previously cent by weight of metal is precious together with. the other object. metal (that is, gold or silver) and Finds may have become scattered

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 115 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation since they were originally deposited from a few areas for which a in the ground. Treasure franchise operates, (the Duchies of Lancaster and Cornwall , What objects do not Qualify as the Corporation of London and the Treasure? City of Bristol ) should be reported The following types of finds are not to the coroner in the normal way. Treasure: Objects whose owners can be traced.Unworked natural objects, Where will I have to take my find? including human and animal remains, In each Coroner's district, there even if they are found in is a local agreement between the association with Treasure. Objects Coroner, the Finds Liaison Officer from the foreshore which is a wreck. (FLO), local government Single coins found on their own. archaeological officers (in Wales , Groups of coins lost one by one over the Regional Archaeological Trusts) a period of time. and local or national museums, about If you are in any doubt, it is where Treasure finds should be always safest to report your find. deposited. From December 2003, a your local Finds Liaison Officer national network of FLO's will have will be glad to record al been established across the whole of archaeological objects that you England and Wales . The FLO's will find. then be the main point of contact for Treasure finds. What should I do if I find something The Finds Liaison Officer (FLO), that may be treasure? museum or local government You must report all finds of archaeological officer receiving the treasure to the coroner for the find will give you a receipt. They district in which they are found will need to know exactly where you either: within 14 days after the made the find, (wherever possible to day on which you made the find the equivalent of a sixfigure or national grid reference). However, within 14 days after the day on in official dealings, a parish which you realized that the find address or else a fourfigure might be treasure (for example, as a national grid reference (one square result of having it identified) kilometer) will be used, whilst a The obligation to report finds more general location description applies to everyone, including may be used for a particularly archaeologists. sensitive find. You and the landowner should keep the findsite How do I report a find of treasure? location confidential. Very simply. You may report your The body or individual receiving find to the coroner in person, by the find will notify the Sites and letter, telephone or fax. The monuments Record as soon as possible coroner or his officer will send you (if that has not already happened), an acknowledgement and tell you so that the site where the find was where you should deposit your find. made can be investigated by The Code of Practice has a list of archaeologists if necessary. a list coroners contact details. Finds made of Sites and Monuments Records is

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 116 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation included in the Code of practice. any dispute.

What if I do not report a find of What if a museum wants to acquire my Treasure? find? The penalty for not reporting a The Coroner will hold an inquest find that you believe or there is to decide whether the find is good evidence for believing to be Treasure. you, the site occupier, Treasure, without a reasonable and the landowner will be invited to excuse, is imprisonment for up to attend, and will be able to question three months, a fine of up to £5,000 witnesses at the inquest. Treasure (level 5), or both. You will not be inquests will be held without a breaking the law if you do not jury. report a find because you did not at If the find is declared Treasure first recognize that it may be then it will be taken to the British Treasure, but you should report it Museum or the National Museum and once you realize this. Galleries of Wales so that it can be valued by the Treasure Valuation What happens if a find is not Committee. Treasure? If the find is not treasure, the How is a fair market value for a museum curator or archaeological Treasure find arrived at? body will inform the Coroner who may Any Treasure find, that a museum then decide that the find should be wishes to acquire, is valued by the returned to you without the holding Treasure Valuation Committee which of an inquest. consists of independent experts. The Committee will commission a What happens if the find is valuation from one or more experts Treasure? drawn from the antiquities or coin If the Finds Liaison Officer, trades. You, the landowner and the museum curator or archaeologist acquiring museum, will have the believes that the find may be option to comment on this valuation, Treasure, they will inform the and/or to send in a separate British Museum , or the National valuation for the Committee to Museum and Galleries of Wales. They consider. The Committee will inspect will then decide whether they or any the find and arrive at a valuation. other museum wishes to acquire it If you are then dissatisfied with from the Crown. the Committee's valuation, you can If no museum wishes to acquire ask for the Committee to review it, the find from the Crown, the in the light of written evidence Secretary of State will disclaim it. that you want the Committee to see. When this happens, the Coroner will If you are still dissatisfied, you notify the landowner that the object can then appeal to the Secretary of is to be returned to you, after 28 State. days, unless the landowner objects. If the landowner objects, the What if the Coroner or National Coroner will retain the find until Museum loses or damages my find? you and the landowner have resolved They are required to take

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 117 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation responsible steps to ensure that this does not happen but, if it National Council for Metal Detecting does, you should be compensated. General Secretary Tel: 01709 868521 Who is eligible to a share of the Email: [email protected] valuation? This is set out in detail in the British Museum Treasure Registrar Code of Practice. Tel: 020 7323 8611 to summarize: Department for Culture Media and The finder who has obtained Sport Culture Property Unit Treasure permission to be on the land from Section its owner, and acted in good faith. Tel: 020 7211 6181 The person or organization which Fax: 020 7211 6170 holds the freehold of the land. British Museum Portable Antiquities The person who occupies the Scheme particular site as a tenant of the Tel: 020 7323 8611 owner. Email: [email protected]

Who is not eligible to a share of For Treasure Publications the valuation? Information Centre An archaeologist who makes a Tel: 020 7211 6200 Treasure find. A finder or a landowner who acted Information taken from the leaflet in bad faith, and not in accordance "The Treasure Act" Printed in the UK with the Code of Practice, may for the Department for Culture, expect a reduced share of the Media and Sport valuation, or none at all. Code of Practice for Responsible How long will it take before I Metal Detecting in England and Wales receive my reward? The target should be that the Being responsible means: period between the find being received by the Coroner, or by the Before you go metal-detecting organization to whom he has directed that the find be delivered, and the 1. Not trespassing; before you start payment of any ex gratia reward detecting obtain permission to should not be longer than twelve search from the landowner/occupier, months (provided no challenges are regardless of the status, or made to valuations), although it may perceived status, of the land. be necessary to exceed this period Remember that all land has an owner. in exceptional cases such as large To avoid subsequent disputes it is hoards of coins, or finds that always advisable to get permission present particular difficulties. and agreement in writing first regarding the ownership of any finds For further advice about Treasure

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 118 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation subsequently discovered (see material as neatly as possible. www.cla.org.uk / www.nfuonline.com). Endeavour not to damage stratified archaeological deposits. 2. Adhering to the laws concerning protected sites (e.g. those defined 7. Recording find spots as as Scheduled Monuments or Sites of accurately as possible for all finds Special Scientific Interest: you can (i.e. to at least a one hundred obtain details of these from the metre square, using an Ordnance landowner / occupier, Finds Liaison Survey map or handheld Global Officer, Historic Environment Record Positioning Systems(GPS) device) or at www.magic.gov.uk). Take extra whilst in the field. Bag finds care when detecting near protected individually and record the National sites: for example, it is not always Grid Reference (NGR) on the bag. clear where the boundaries lie on Findspot information should not be the ground. passed on to othe8. Respecting the Country Code (leave gates and 3. You are strongly recommended to property as you find them and do not join a metal detecting club or damage crops, frighten animals, or association that encourages co disturb ground nesting birds, and operation and responsive exchanges dispose properly of litter: see with other responsible heritage www.countrysideaccess.gov.uk). groups. Details of metal detecting organisations can be found at After you have been metal-detecting www.ncmd.co.uk / www.fid.newbury.net. 9. Reporting any finds to the relevant landowner/occupier; and 4. Familiarising yourself with and (with the agreement of the following current conservation landowner/occupier) to the Portable advice on the handling, Antiquities Scheme, so the care and storage of archaeological information can pass into the local objects (see www.finds.org.uk). Historic Environment Record. Both the Country Land and Business While you are metal-detecting Association(www.cla.org.uk) and the 5. Wherever possible working on National Farmers Union ground that has already been (www.nfuonline.com) support the disturbed (such as ploughed land or reporting of finds. Details of your that which has formerly been local Finds Liaison Officer can be ploughed), and only within the depth found at www.finds.org.uk, email of ploughing. If detecting takes [email protected] or phone 020 7323 place on undisturbed pasture, be 8611. careful to ensure that nodamage is done to the archaeological value of 10. Abiding by the provisions of the the land, including earthworks. Treasure Act and Treasure Act Code of Practice (www.finds.org.uk), 6. Minimising any ground disturbance wreck law (www.mcga.gov.uk) and through the use of suitable tools export licensing (www.mla.gov.uk). and by reinstating any excavated If you need advice your local Finds

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 119 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Liaison Officer will be able to help the garden has turned out on closer you. inspection to be a rusting bottle top. However, a report to be 11. Seeking expert help if you published this week will show that discover something large below the more buried treasure than ever is ploughsoil, or a concentration of being reported found in the UK by finds or unusual material, or wreck amateur archaeologists armed with remains, and ensuring that the metal detectors. landowner/occupier’s permission is obtained to do so. Your local Finds The number of reported valuable Liaison Officer may be able to help finds has increased by nearly 20 per or will be able to advise of an cent in the last year, with appropriate person. Reporting the discoveries including iron age and find does not change your rights of medieval hoards, Roman coins and discovery, but will result in far exquisite examples of AngloSaxon more archaeological evidence being jewellery. discovered. The official report will show that 12. Calling the Police, and thousands of finds are being notifying the landowner/occupier, if reported each year and that 506 you find any traces of human discoveries were significant enough remains. to be declared as treasure trove. The remarkable increase has caused 13. Calling the Police or HM huge excitement among museums and in Coastguard, and notifying the government. landowner/occupier, if you find anything that may be a live David Lammy, the minister of explosive: do not use a metal culture, said that metal detector or mobile phone nearby as detetectorists who spend days this might trigger an explosion. Do scanning newly ploughed fields in not attempt to move or interfere the hope that a beep will lead them with any such explosives. to buried treasure, are doing a huge service to Britain's cultural life. U.K. Treasure Supporting Articles "Metal detectorists are the unsung The Independent, UK January 14, 2007 heroes of the UK's heritage. Thanks Website: Treasure trove: Metal to the responsible approach they detecting finds up by 20 per cent in display in reporting finds and the a year This Britain, UK The systems we have set up to record Independent them, more archaeological material is available for all to see at Treasure trove: Metaldetecting museums or to study online," he finds up by 20 per cent in a year said. By Marie Woolf, Political Editor The finds have included a £100,000 For most treasure seekers the hoard of five golden armlets and promising glint of a gold coin in bracelets dating from 1300BC which

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 120 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation were discovered in Berkshire. seekers not only turned up Archaeologists were also excited by surprising finds, they also often the discovery of an early medieval revealed entirely unknown sites to pendant in West Shropshire by archaeologists. amateur archaeologists Glyn and Glenys Jones in November 2004. But not all the discoveries have made the treasure seeker's fortune. The gold pendant, composed of a One man made just £25 from a wellpolished garnet surrounded by a fragment of a silver finger ring border of small garnets set over dating from 100AD . wafflepatterned gold, dates from the 7th century. It is thought to Finders keepers? by Farrer & Co LLP have been strung with other pendants Amy Wilson on a necklace belonging to a person United Kingdom of high status. It was similar to February 19 2010 pieces of jewellery found in Anglo Website: Lexology Finders keepers? Saxon cemeteries in Kent. Metal detectors can be used with the The chances are that most of us permission of landowners but are dreamed of finding buried treasure banned on scheduled archaeological as a child. For some, the search sites such as Stonehenge. remains an active one and the treasure distinctly more than a The rise in the number of reported dream. Just take, for example, the finds follows a change in the law in recent find of the Staffordshire 1997 which has required buried Hoard, the largest collection of treasure to be reported. The AngloSaxon treasure ever found, increase from 79 treasure finds in which attracted a reward of £3.28 1997 has led to a huge increase in million, shared between the finder the number of artefacts being and the landowner. offered to museums. The new rules offer an incentive to metal So what exactly is treasure and who detectorists to declare the treasure owns it when it is found? Following because they will gain half of the the replacement of the common law of proceeds of its sale. treasure trove, the answers are now found in the Treasure Act 1996 ("the If it is officially declared as Act"). treasure by the local coroner, the proceeds are split between the owner What is treasure? of the land where the artefact was found and the finder. In 2001, Chris The Act provides a detailed Bradshaw shared in a £250,000 reward description of what constitutes after he found a Bronze Age golden treasure: cup in Kent. 1. All objects, other than coins, Dr Roger Bland, head of portable which are at least 300 years old and antiquities and treasure at the contain at least 10% gold or silver; British Museum, said treasure

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 121 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation 2. All coins from the same find, was found or within 14 days after provided they are at least 300 years the finder realises the find might old (if they contain less than 10% be treasure. Failure to report a gold or silver, there must be at find without reasonable excuse is a least 10 coins in the same find); criminal offence and carries a penalty of up to three months in 3. All objects, whatever they are prison and/or a fine of up to made of, found in association with £5,000. In most cases, when a find an object classified as treasure; is reported the coroner will hold an inquest to decide whether or not the 4. Prehistoric metal objects (i.e. find is treasure. Iron Age and older), where there are at least two objects in the same What happens if the find is find; and treasure?

5. Objects that are less than 300 All objects which qualify as years old and made substantially of treasure are deemed to belong to the gold or silver, which have been Crown. All such finds are reported deliberately hidden with the to the British Museum, or the intention of recovery. National Museums and Galleries of Wales, to decide whether a museum Objects are considered to be part of wishes to acquire the treasure from the "same find", if found in the the Crown. same place, or if they had previously been together but were If a museum acquires the treasure, subsequently scattered. Objects are the Secretary of State must decide not treasure if their owners or whether an ex gratia reward should heirs can be traced, if they are be paid for the treasure. Typically, unworked natural objects, or if they rewards are set at the market value come from a shipwreck. of the find. Who gets the reward depends on a number of factors, Duties owed by the finders of including whether the finder is treasure trespassing or has permission to be on the land. The important point for Most treasure is discovered by metal landowners is that the Secretary of detectorists, searching other State has the discretion to follow people's land. Metal detectorists the terms of any agreement that should follow the Metal Detecting exists between the finder and the Code of Conduct, which encourages landowner/occupier (see below) as to them to seek permission before the proportions of the reward they entering any land and to report any should receive. finds in accordance with the Act. What happens if treasure is not Under the Act, all finds of treasure acquired by a museum? must be reported to the coroner for the district, either within 14 days If no museum wishes to acquire the after the day on which the treasure treasure, the Secretary of State is

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 122 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation able to renounce the Crown's Advice for landowners ownership of it. If this happens, the coroner will give Any landowners who give permission landowners/occupiers 28 days' notice to people to search their land are that he intends to return the find strongly recommended to have a to the finder. If the written agreement setting out the landowner/occupier raises an following: objection to this, the coroner will the terms on which finders may use retain the find until the dispute is the land; resolved between the parties. The the duty of finders to notify any coroner has no power to decide the finds to the Coroner and to the legal ownership of the find. landowner; the ownership of treasure, including Instead, ownership rights may be how any reward should be divided established by the common law of between the landowner and the "finders". This determines that a finder; and what happens to finder who takes possession of artefacts which are determined not property irretrievably lost by its to be treasure. former owner acquires ownership of Where land is tenanted, the that property. However, this is landowner should also ensure that subject to the rule that a person the tenancy agreement reserves full with possession of land has rights to the landowner to grant possession of everything attached to such permission. A written agreement or underneath that land. Therefore, cannot supersede the terms of the in most cases of metal detecting, Act, but is useful in determining where the finds are usually buried, the points above in the case of a the find will belong to the dispute. Many major landowners landowner/occupier. For the already use standard metal detecting avoidance of doubt, however, it is licences for this purpose. However, recommended that if you do not currently have a landowners/occupiers have a written written agreement and are interested agreement with finders (see below) in adopting one, this is something setting out who is entitled to keep with which Farrer & Co can assist the find in the event that this happens. From The Times November 20, 2008 Website: What happens if the find is not http://www.timesonline.co.uk/tol/new treasure? s/uk/article5192991.ece

If an object is found not to be Paydirt at last after 40 years of treasure, it will be returned by the prospecting for gold coroner following the same procedure By Laura Dixon and Ben Hoyle as set out above. In the absence of an agreement, the common law will Maurice Richardson spent 40 years establish ownership as described hunting for treasure in the fields above. of Nottinghamshire, unearthing little but pieces of scrap and the

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 123 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation odd coin. Then one rainy day, using works now is a massive incentive for his metal detector to look for parts people to go out and find things. of a Second World War aircraft, he The number of items found seems to stumbled across the most expensive be getting bigger and bigger every single find in recent history. year.”

Mr Richardson, a 59yearold tree Michael Lewis, the deputy head of surgeon, discovered a gold and portable antiquities and treasure at silver torc, a necklace of eight the museum, said that treasure twisted metal strands valued at hunters were an invaluable local £350,000 and dating from AD200 to resource. “Metal detectors go to 50BC. parts of the country and fields where archaeologists wouldn’t The find near Newark – in a part of normally go,” he said. “There’s a the country that has yielded few lot of tremendous information that items of that age and value – has finders are telling us about the prompted archaeologists to rethink past.” the importance of the entire region 2,000 years ago. It also provided Mr Mr Lewis said he suspected that a Richardson with a £175,000 windfall lot of treasure hunters were (by law the other half of the money pursuing their hobby “to get away for a treasure find goes to the from their wives”, but for others it landowner, in this case Trinity was a way of life and a way of College, Cambridge). finding and preserving the past.

The British Museum, which published For Mr Richardson, metal detecting the latest Treasure Annual Report has been a lifelong hobby and yesterday, has seen a big increase finding something of value was in the number of finds: 749 were merely a bonus. “Week after week reported last year, compared with after week we go into the fields and 665 in 2006. They credit the find nothing. You look and look for Treasure Act – which since it came things like this and you read about into force in 1996 has meant that other people finding them, but it treasure hunters are compensated for never happens to you. It’s not about their finds – and the growing number the money, but the fact that it has of local historians with metal been saved for the nation. detectors. “I once found something that looked According to Barbara Follett, the really interesting – gold – and when Culture Minister, since the Act came I dug it up it was the end of a into effect there has been a tenfold curtain rail. You find a lot of increase in the numbers of artefacts little pieces but 90 per cent of it reported. is just interesting,” he said.

James Robinson, the curator of The necklace, which weighs 2lb and medieval collections at the British is made of a gold and silver mix Museum, said: “The way the system called electrum, is one of the best

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 124 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Iron Age torcs found in the past 50 'Unsung heroes of heritage' extolled years in Britain. Glyn Hughes, for unearthing hoard of treasure senior collections officer at Newark Gold and silver jewellery among Sherwood museum services, who bought surge in finds by metal detector the necklace, said: “When we first sleuths saw it we were speechless. It was by Maev Kennedy The Guardian, one of those onceinalifetime Thursday 18 January 2007 Article moments. What is significant is what history it tells us about the Iron Age – what it tells us about north A Roman copperalloy figurine of a Nottinghamshire.” hound, found by Alan Rowe as he used a metal detector on the Isle of Under the Act, any gold, silver and Wight, is displayed at the British groups of coins more than 300 years Museum in London. Photograph: Kirsty old have to be reported to the local Wigglesworth/AP coroner. If the treasure is bought by the British Museum or a local A missing gold finial from the museum, the proceeds are split, with Sedgeford torc, excavated almost in half going to the finder and half to its entirety more than 40 years ago, the landowner. and a stash of Viking silver bracelets that may have helped According to the report, the East finance an attack on Dublin were and South East are the best places among a glittering hoard of treasure to find treasure, with Norfolk, disclosed yesterday, the discovery Suffolk and Kent the top spots last of amateurs and their metal year. Metal detectors cost from £70. detectors. Mr Robinson’s machine was from the top of the range, and cost £1,200. The culture minister, David Lammy, yesterday called metal detectorists Other discoveries in the collection "the unsung heroes of the UK's include a hoard of 3,600 Roman coins heritage", a phrase that will cause found at a building site in a sharp intake of breath among some Snodland, Kent, a medieval silver archaeologists who still regard them seal containing the only surviving as little better than legalised miniature portrait of the emperor looters. who succeeded Hadrian, Antoninus Pius, and a 7thcentury piece – However, in most parts of the probably part of a necklace – that country a truce is in place, with was found in Essex and is worth archaeologists and hobbyists working £3,000. together, a code of conduct agreed by both sides. The amateurs, in Archaeology fact, are often called in to help at Website: Gold and silver jewellery excavation sites, valued for their among surge in finds by metal equipment and expertise at telling a detector sleuths | UK news | The buried coin from a can ringpull. Guardian

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 125 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation The outcome has been a spectacular increase in reported finds, with Battered box finds of "treasure", gold and silver, and bronze hoards which, The Viking silver, made up of a by law, must be reported having twisted silver rod, 21 bracelets, risen by almost a fifth, from 426 and a single heavy silver ingot, was finds to 506. Finds regarding found in the remains of a battered voluntarily reported historic lead box. Steve Reynoldson, who objects are also up, by 45%, from discovered it in a field in 39,933 in 2004, to 57,566 for the Cheshire, had been at the weekend past year. rally of a metal detecting club, on land that had yielded nothing more "We now have a situation without exciting than a few medieval parallel in Europe," said Neil pennies. He found scraps of lead MacGregor, director of the British about a foot below the turf. The Museum, which reported the finds first piece of silver appeared near yesterday. "Without doubt these the river Gowy, which is little more finds are rewriting history." than a puddle now but in the 10th century was probably deep enough for It is the less valuable finds which Viking boats. often put flesh on the bones of history for archaeologists. A The bracelets so closely resemble beautiful little bronze dog, dating silver items from the spectacular from the 4th century and still shiny Cuerdale Viking hoard 8,600 pieces from years of being stroked, was found by workmen near Preston in found by Alan Rowe, a children's 1840 and now in the British Museum books illustrator, who relaxes by that tests will be done to see if taking his metal detector out into they came from the same workshop. the fields near his home on the Isle The bracelets were made in Dublin, a of Wight. Viking town from which Irish chieftains drove the Scandinavians The dog is valued at about £500. But in 902. It took them 12 years to it tells Frank Basford, an take the settlement back. archaeologist who records finds on the island, that a superstitious Rob Philpott, head of archaeology at Roman with good reason, as the Liverpool Museum, believes the empire started to crumble around him silver might have been brought crossed that field, carrying an across the Irish sea to the Vikings amulet probably bought at a shrine on Merseyside to pay for mercenaries to the god Nodens, where the to help in the attack. There was faithful believed the lick of temple also no sign of a building at this dogs would cure their ailments and site. Mr Philpott believes the hoard protect them. The field was surveyed may have been buried under a long but no evidence was found of a gone tree, by someone who meant to shrine or building: the dog probably go back for it. "Who knows what just fell out of a pocket with a happened? They were very lively hole. times."

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 126 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Mr Reynoldson will get half the Metal detectors may only be used £28,000 reward, the remainder goes with the permission of the to the landowner. The silver will be landowner, and are banned on ancient on permanent public display in the monument sites. Treasure finds of region where it was found. gold, silver and ancient copper hoards must by law be reported, and Cow bone voluntary reporting of all historic finds is urged. Most lowvalue finds The famous Sedgeford torc, found in will be returned to the finders. 1965, has now been reunited with its lost part, thanks again to the work Thames of amateur detectorists. The torc Every low tide exposes thousands of was lost in equally interesting pieces of flotsam and jetsam on the times, with the Romans on the banks of the river, mostly modern doorstep and rival local and rubbish but occasionally major invading tribes jostling for power finds, including medieval gold in East Anglia. rings, Bronze Age shields and swords, and a purse of Tudor coins A heavy Iron Age necklace made about probably lost by somebody getting 2,100 years ago, of 25 metres of off a ferry. twisted gold and silver alloy wire, the torc had been missing one of its Kent beautifully decorated finials Landing sites of the Romans and until Easter 2004 when Steve other invaders. One of the most Hammond, out walking with a metal spectacular finds of recent years, detector, found it, about 400 metres the 3,500yearold Ringlemere gold from the site of the necklace cup, was found near Ramsgate by an itself. amateur who spotted ploughedout remains of a burial mound in a field Sedgeford is now the centre of a which was regarded as of no historic local history and archaeology significance. project, which is one of the largest Hampshire and Wiltshire training programmes in the country. Rich in late Roman villa sites: a Its members have made some retired florist found a kilo of pure sensational finds; in 2003 they gold jewellery which was Roman but found gold coins stashed away in an dating from before the conquest, old cow bone. scattered across a ploughed field near Winchester. The torc finial alone was valued at £65,000 more than 10 times what Isle of Wight the British Museum had to pay to One of the most rapidly eroding acquire the torc itself under the coastlines in Britain throws up old treasure law back in the 1960s. finds after every storm, from dinosaur bones to Bronze Age cooking Fabulous finds Best places to hunt pots.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 127 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Treasure Valuation Committee agree with so speedily and yet so £3.285 million valuation for the scrupulously by all parties Staffordshire AngloSaxon Hoard concerned, given that the hoard was http://www.britishmuseum.org/the_mus discovered only in July. It is of eum/news_and_press_releases/press_re course immensely important that this leases/2009/staffordshire_hoard_valu extraordinary hoard is acquired for ation.aspx public benefit and I know that the two museums are anxious to raise the The Treasure Valuation Committee funding to keep the hoard in the (TVC) met at the British Museum on West Midlands as soon as they can.” 25 November 2009 to discuss the valuation for the Staffordshire The fundraising campaign will now AngloSaxon Hoard, the largest hoard begin for the joint acquisition of of AngloSaxon gold ever found. The the hoard by Birmingham Museum and committee of independent advisors Art Gallery and the Potteries have deemed the Treasure to be worth Museum, StokeonTrent. All relevant £3.285million. They will recommend parties are fully in support of this this valuation to the Secretary of joint acquisition and for the hoard State for formal approval of the to be displayed in the West reward. This figure will be split Midlands. equally between the finder (Terry Herbert) and the landowner (Fred Highlights of the hoard are Johnson). The landowner, the finder currently on display in Room 37 at and the two museums which hope to the British Museum. A book ‘The acquire the hoard, Birmingham Museum Staffordshire Hoard’ has been & Art Gallery and the Potteries recently published by the British Museum & Art Gallery, Stokeon Museum Press, priced £4.99 with £1 Trent, have all approved the going to the appeal fund for valuation. acquisition. A selection of objects from the hoard will go on display at Chairman of the TVC, Professor the Potteries Museum & Art Gallery, Norman Palmer CBE said "The task of StokeonTrent from 13 February to 7 valuing this hoard required the March 2010. Treasure Valuation Committee to analyse a very large amount of The Treasure Valuation Committee is information in order to arrive at a a committee of independent experts fair market price, and I am appointed by the Secretary of State personally indebted to my fellow for Culture, Media and Sport to members whose energy and expertise advise the Minister on the made this result possible in so valuations of finds of Treasure short a time. I would also like to which museums wish to acquire. There pay tribute to the immense amount of are eight members chosen for their hard work put in by our four outside expertise in the objects that come expert valuers and the secretariat. before the Committee and they All finders of Treasure can take represent the different groups that encouragement that the most valuable have an interest in Treasure Treasure find ever made was dealt

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 128 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation finders, museums, archaeologists and Professor Ian Carradice, Mr John the trade. Cherry, Mr Peter Clayton, Dr Jack Ogden, Dr Tim Pestell and Mrs May For further information or to speak Sinclair. to members of the Treasure Valuation Committee or the Treasure Department please call the British Museum on 020 7323 8394 / 8522

Notes to editors

On 5 July 2009, Terry Herbert was using a metal detector in a Staffordshire field when he began to unearth gold objects. It was a stupendous discovery, the largest hoard of AngloSaxon gold ever found, glittering in the sunlight for the first time in 1400 years. Highlights of the hoard are currently on display at the British Museum in Room 37. More information

Made up of over 1500 objects, the hoard contains some of the finest AngloSaxon craftsmanship and artistry ever seen. This, the first book on the hoard, tells the remarkable story of the discovery, describes the fascinating collection of objects it contains, and offers an initial interpretation of the treasure and its significance. Closeup photographs show the intricate details of these amazing objects, which include fittings from the hilts of swords, fragments from helmets, Christian crosses and magnificent pieces of garnet work. Details of all these objects can be found at http://www.staffordshirehoard.org.uk /

The members of the Committee are: Professor Norman Palmer, CBE (Chairman), Mr Trevor Austin,

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 129 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Page 130: Appendix F: Archaeology chopping. Probably hafted into a Glossary wooden handle.

Absolute dating : Dates expressed as Chiefdom: Societies headed by specific units of scientific important individuals with unusual measurement, such as days, years, ritual, political, or centuries, or millenia; absolute entrepreneurial skills. The determinations attempt to pinpoint a societies tend to be kinbased, but discrete, known time interval. is more hierarchical, with power concentrated in the hands of Adze: A tool, typically made from powerful kin leaders, who are stone, that was presumed to be used responsible for the redistribution like a modern woodworker's chisel to of resources. work wood. Chronology: The arrangement of Anthropology : the comparative study events or periods of time in the of human culture, behavior and order in which they occurred. biology and how these change through time. Chunkey: This game was played by almost all of the southeastern Archaeology : a method for studying Indians, with some variation. All of past human culture based on material the games made use of a smooth stone evidence (artifacts and sites) disk, usually with concave sides, and two long slender poles were Archaic Stage : In Alabama, the stage used. Usually only two persons when early Native Americans lived in played at one time, but the small, seminomadic bands and onlookers wagered on the game. The survived by hunting, fishing, and idea of the game was to start the foraging for wild foods. stone disk rolling along a smooth piece of ground, after which the two Artifact : any object made, modified players threw their poles after it, or used by humans. Usually this with the idea of either hitting the term refers to portable objects. stone, or coming as near as possible to it, when the stone came to a Atlatl : a tool used to throw spears rest. faster and with more accuracy, also known as a spear thrower. It Context : the relationship artifacts consists of a short pole with a have to one another and the handle at one end and a hook for situation in which they are found. engaging the spear in the other. Contact period: refers to the period Awl: a small pointed hand tool used from A.D. 1500 to 1750. Within this for piercing holes in leather, wood broad framework, initial Native and other materials. American and European contacts, whether through people, things, or Celt: A thin, ungroved axe with a ideas, occurred at different times sharp edge used for cutting or throughout the state.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 130 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Core : A piece of stone that is worked ("knapped"). Cores sometimes Excavation unit: an area of serve merely as sources for raw excavation on an archaeological materials; they can also serve as site; most often archaeologists dig functional tools. in square meters.

Cosmological: one's view of the Experimental archaeology : a method universe. of studying artifacts by making and using replicas of them. Culture: the set of learned beliefs, values, styles and behaviors, Feature : a humanmade disturbance in generally shared by members of a the ground, such as a pit or basin; society or group. it is often marked by a distinct stain in the soil. Diagnostic artifact: an item that is indicative of a particular time Flake: A thin piece of stone and/or culture group removed from a larger piece with a hammer (usually made of antler or Direct historical approach: stone). Flakes have sharp edges and learning about the past by studying were sometimes used as cutting sites and cultures of a known time implements. and working backwards, applying it to older sites; working from the Gorget: An ornament worn on the present into the past. chest, suspended around the neck.

Distribution: A spatial or temporal Graver: A small tool with a sharp array of objects or events. tip that was used to engrave bone, stone, wood or other materials. Descendent : Proceeding by hereditary derivation from an ancestor. Hammerstone : A stone, usually a rounded hard river pebble that shows Effigy: An object bearing the battering scars resulting from likeness of an animal or human. repeated use as a hammer or platform in the flaking process. Ethnographic analogy: inferring the use or meaning of an ancient site or History: The study of past events artifact based on observations and and culture based on written accounts of its use by living records. people. Law of Superposition: The geologic Excavate : the principal method of principle stating that in any pile data acquisition in archaeology, of sedimentary rocks that have not involving the systematic uncovering been disturbed by folding or of archaeological remains through overturning, each bed is older than the removal of the deposits of soil the layers above and younger than and the other material covering them the layers below. and accompanying them.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 131 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Lithic: Relating to stone. are characterized as nomadic hunters of megafauna. Looting: To steal, or illegally take, artifacts from an Paleontologist : The study of the archaeological site; the act of forms of life existing in which destroys the evidence prehistoric or geologic times, as archaeologists need to learn from represented by the fossils of the site. plants, animals, and other organisms. Megafauna : Large beast, now extinct that roamed Alabama after the last Palisade : A walled enclosure built ice age; examples include giant around a village or town, a bison, mastodon, wolley mammoth, stockade. giant ground sloth, and peccary. Permanent village: A settlement Midden: an area used for trash that is continuously occupied by disposal, a deposit of refuse. people throughout the year.

Mississippian stage : In Alabama, the Petroglyph: a design chiseled or cultural period usually marked by chipped out of a rock surface the formation of large settlements around mounds, the use of shell Phase: An archaeological construct tempered pottery, increased reliance possessing traits sufficiently on cultivating crops, such as maize, characteristic to distinguish it and the organization of the people from other units similarly into a chiefdom. conceived; spatially limited to roughly a locality or region and Net Sinker : (also "net weight", chronologically limited to a "sinker"): a rock used to submerge a relatively brief interval of time. fishing net. May be grooved, notched or perforated. Pictograph: a design painted on a rock surface. Nomadic: a way of life in which a group of people have no permanent Postmold: A circular soil residence, but move from place to discoloration caused by decay of a place. wooden post where it had been buried upright in the ground. Observation: the act of recognizing Pottery: A ceramic item or material a fact or occurrence, or the record made of hard clay, usually in the obtained by such an act. form of a vessel.

Paleoindian stage: In Alabama, the Prehistory: The period of human first recognized cultural period in experience prior to written records; the region, usually marked by the in the Americas prehistory refers to appearance of projectile points such the period before Europeans and as Clovis or Dalton. Paleoindians their writing systems arrived, covering at least 12,000 years.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 132 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Scraper : A stone tool designed for Preserve: To keep safe or protected used in scraping hides, bones and from harm. other similar materials in the preparation of food, clothing and Primary source: an original diary, shelter. A small stone blade with letter, or other document written by uniface flaking. someone. Secondary source: an account or Profile: a section, or exposure of summary of a historical event not the ground, showing depositional or based on direct observation. developmental strata or horizons. Projectile point: A pointed Sedentary: Remaining or living in implement (usually made of chipped one area; not migratory. stone) that was attached to the end of a spear or an arrow. This is a Sherd: a piece of broken general term that includes both prehistoric or historic pottery or spear heads and arrowheads. glass. (Pronounced to rhyme with "herd.") Relative dating: Dates expressed relative to one another (for Site: A place where human instance earlier, later, more activities occurred and material recent, after Noah's flood, and so evidence of these activities is forth). left.

Rock art: A general term for the Stage: Represents a designation of pecking, incising, or painting of time that is much larger than a designs onto rock surfaces. phase. In Alabama there are four Prehistoric stages: Paleoindian, Rock shelter : a shallow cave or rock Archaic, Woodland, and overhang large enough to have Mississippian. allowed human occupancy at some time. Steatite: A type of stone that is soft and easily carved; also called Scientific method: The principles soapstone. and empirical processes of discovery and demonstration considered Steward: one who acts to preserve characteristic of or necessary for and/or protect archaeological sites scientific investigation, generally or artifacts. involving the observation of phenomena, the formulation of a Stickball: (Similar to Lacrosse) A hypothesis concerning the phenomena, ballgame played with sticks with experimentation to demonstrate the nets at one end and a deer hide truth or falseness of the ball. The object is to use the hypothesis, and a conclusion that netted sticks to throw the ball into validates or modifies the the goals at the ends of the fields. hypothesis.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 133 of 134 Author: Lee Wiese TECHNICAL ASSISTANCE: On How to Submit State Metal Detecting Legislation Strata : Layers (the plural of stratum); in archaeology this term generally refers to layers of earth.

Stratigraphy: The layering of deposits at an archaeological site. Cultural elements and natural sediments become buried over time. The layer on the bottom is the oldest and the top layer is the youngest.

Subsistence : the means of supporting life, usually referring to food and other basic commodities.

Vessel: A hollow or concave utensil for holding something.

Weir: A fence or wattle placed in a stream to catch or retain fish.

Woodland Stage: In Alabama, the cultural period that is marked by the appearance of pottery, the advent of horticulture, and the advent of elaborate ceremonialism.

Metal Detecting Hobby Talk – www.MDHTALK.org 9/1/2010 Page 134 of 134 Author: Lee Wiese