I think I am safe. Will PM you with my e-mail thank you.
http://www.blm.gov/ca/st/en/info/ia...tecting.htmlMetal Detecting is legal on public property
I submit for your cosideration that the litmus for use of a metal detector first depends on 1) The private/public property issue; 2) Intent; and 3) Equipment used.
You have to look for it, but most Forest Service (USDept of Agriculture) Superintendents will have language similar to the below somewhere in their office or on their website:
"The allowable use of metal detectors on National Forest system lands takes a number of different forms. Detectors are used in searching for:
1)treasure trove,
2)locating historical and prehistorical artifacts and features,
3)prospecting for minerals, and
4)searching for recent coins and lost metal objects.
Of these four types of uses for metal detectors, the first three are covered by existing regulations that require special authorization, i.e. special use permits, notice of intent, or operating plan.
The search for treasure trove, which is defined as money, unmounted gems, or precious metals in the form of coin, plate, or bullion that has been deliberately hidden with the intention of recovering it later, is an activity which is regulated by the Forest Service. Searching for treasure trove has the potential of causing considerable disturbance and damage to resources and thus requires a Special Use Permit from the Forest Service. Methods utilized in searching for treasure trove must be specified in the permits issued. Permits may not be granted in each and every case, but applications will be reviewed with attention being paid to the justification given and guarantees for the restoration of any damage that might occur to other resources. The use of metal detectors in searching for treasure trove is permissible when under this type of permit, but must be kept within the conditions of the permit.
The use of a metal detector to locate objects of historic or archaeological value is permissible subject to the provisions of the Antiquities Act of 1906, the Archaeological Resources Preservation Act 1979, and the Secretary of Agriculture's regulations. Such use requires a Special Use Permit covering the exploration, excavation. appropriation, or removal of historic and archaeological materials and information. Such permits are available for legitimate historical and prehistorical research activities by qualified individuals. Unauthorized use of metal detectors in the search for and collection of historic and archaeological artifacts is a violation of existing regulations and statutes.
The use of a metal detector to locate mineral deposits such as gold, and silver on National Forest System lands is considered prospecting and is subject to the provisions of the General Mining Law of 1872.
Searching for coins of recent vintage (less than 50 years) and small objects having no historical value, as a recreational pursuit, using a hand-held metal detector, does not currently require a Special Use Permit as long as the use of the equipment is confined to areas which do no posses historic or prehistoric resources"
On the BLM, your rights are even more preserved. Should you have a loop on the detector designed for gold, your unimpaired rights are further enhanced under the Mining Act of 1872.
Prospecting with a metal detector is an unalienable rights secured by consent of the governed.
Please see the following for more information:
Mining Act of 1872; The Forest Land Policy Management Act; 36 Code of Federal Regulations; 43 Code of Federal Regulations.
Posted 10/21/2010 2:43 pm
