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  • war club

    what if any restrictions are there pertaining to a supposed warclub possibly native american, also ivory or ivory artifacts?

  • #2
    If it was found on private property there is no problem, if federal or state land a big problem.


    • #3
      so is a warclub no different than a spearpoint if it came from gov land pryor to a certain yr its exempt?


      • #4
        If these so called artifacts came off Federal property it belongs to Government and if the current owner knows it came off Federal property they could go to jail if found out and you would be an accomplish if you did not turn him in, but I would not worry about it as they are all modern and a hoax. Laws have been on the books for a long time. 1906 is when the laws were first passed, long before these were said to be found.
        One can no longer just walk onto federally or state held lands, pick up artifacts -and- take them home. Federal Laws passed in 1906, 1966, 1979, and 1992 forbid the taking of Native American artifacts from ANY -and- ALL federal land. This includes national forests, parks and Bureau of Land Management land, unless you apply for -and- are granted a permit to do so. Over the past several years, states have also passed their own laws restricting the taking of Native American artifacts from state lands. There are also laws that deal with pre-Columbian art and taking Native artifacts out of other countries. These laws were enacted to stop the illegal excavation and sale of Native American objects from mounds -and- burial sites. Under these laws, those who dig up artifacts from federal or state lands can be fined hundreds of thousands of dollars and can also be sent to prison.
          Title 16 - Conservation
        Chapter 1b - Archaeological Resources Protection
        Archaeological Resources Protection Act of 1979
        § 470aa. Findings and Purpose
        § 470bb. Definitions
        § 470cc. Excavation and removal
        § 470dd. Custody of archaeological resources
        § 470ee. Prohibited acts and criminal penalties
        § 470ff. Civil penalties
        § 470gg. Enforcement
        § 470hh. Confidentiality of information
        § 470ii. Rules and regulations; intergovernmental coordination
        § 470jj. Cooperation with private individuals
        § 470kk. Savings provision
        § 470ll. Annual report to Congress
        § 470mm.. Surveying of lands; reporting of violations
        § 470aa. Congressional findings and declaration of purpose
        (a) The Congress finds that -
        (1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation's heritage;
        (2) these resources are increasingly endangered because of their commercial attractiveness;
        (3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and
        (4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.
        (b) The purpose of this chapter 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 Indian 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 October 31, 1979.
        § 470bb. Definitions
        As used in this chapter -
        (1) The term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.
        (2) The term "Federal land manager" means, with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public lands or Indian lands with respect to which no department, agency, or instrumentality has primary management authority, such term means the Secretary of the Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this chapter of the Secretary of any department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary of the Interior with respect to any land managed by such other Secretary or agency head, and in any such case, the term "Federal land manager" means the Secretary of the Interior.
        (3) The term "public lands" means -
        (A) lands which are owned and administered by the United States as part of -
        (i) the national park system,
        (ii) the national wildlife refuge system, or
        (iii) the national forest system; and
        ( all other lands the fee title to which is held by the United States, other than lands on the Outer Continental Shelf and lands which are under the jurisdiction of the Smithsonian Institution.
        (4) The term "Indian lands" means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or an Indian individual.
        (5) The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688) (43 U.S.C. 1601 et seq.).
        (6) The term "person" means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Indian tribe, or of any State or political subdivision thereof.
        (7) The term "State" means any of the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
        § 470cc. Excavation and removal
        (a) Application for permit
        Any person may apply to the Federal land manager for a permit to excavate or remove any archaeological resource located on public lands or Indian lands and to carry out activities associated with such excavation or removal. The application shall be required, under uniform regulations under this chapter, to contain such information as the Federal land manager deems necessary, including information concerning the time, scope, and location and specific purpose of the proposed work.
        (b) Determinations by Federal land manager prerequisite to issuance of permit
        A permit may be issued pursuant to an application under subsection (a) of this section if the Federal land manager determines, pursuant to uniform regulations under this chapter, that -
        (1) the applicant is qualified, to carry out the permitted activity,
        (2) the activity is undertaken for the purpose of furthering archaeological knowledge in the public interest,
        (3) the archaeological resources which are excavated or removed from public lands will remain the property of the United States, and such resources and copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution, and
        (4) the activity pursuant to such permit is not inconsistent with any management plan applicable to the public lands concerned.
        (c) Notification to Indian tribes of possible harm to or destruction of sites having religious or cultural importance
        If a permit issued under this section may result in harm to, or destruction of, any religious or cultural site, as determined by the Federal land manager, before issuing such permit, the Federal land manager shall notify any Indian tribe which may consider the site as having religious or cultural importance. Such notice shall not be deemed a disclosure to the public for purposes of section 470hh of this title.
        (d) Terms and conditions of permit
        Any permit under this section shall contain such terms and conditions, pursuant to uniform regulations promulgated under this chapter, as the Federal land manager concerned deems necessary to carry out the purposes of this chapter.
        (e) Identification of individuals responsible for complying with permit terms and conditions and other applicable laws
        Each permit under this section shall identify the individual who shall be responsible for carrying out the terms and conditions of the permit and for otherwise complying with this chapter and other law applicable to the permitted activity.
        (f) Suspension or revocation of permits; grounds
        Any permit issued under this section may be suspended by the Federal land manager upon his determination that the permittee has violated any provision of subsection (a), (b), or (c) of section 470ee of this title. Any such permit may be revoked by such Federal land manager upon assessment of a civil penalty under section 470ff of this title against the permittee or upon the permittee's conviction under section 470ee of this title.
        (g) Excavation or removal by Indian tribes or tribe members; excavation or removal of resources located on Indian lands
        (1) No permit shall be required under this section or under the Act of June 8, 1906 (16 U.S.C. 431), for the excavation or removal by any Indian tribe or member thereof of any archaeological resource located on Indian lands of such Indian tribe, except that in the absence of tribal law regulating the excavation or removal of archaeological resources on Indian lands, an individual tribal member shall be required to obtain a permit under this section.
        (2) In the case of any permits for the excavation or removal of any archaelogical resource located on Indian lands, the permit may be granted only after obtaining the consent of the Indian or Indian tribe owning or having jurisdiction over such lands. The permit shall include such terms and conditions as may be requested by such Indian or Indian tribe.
        (h) Permits issued under Antiquities Act of 1906
        (1) No permit or other permission shall be required under the Act of June 8, 1906 (16 U.S.C. 431-433), for any activity for which a permit is issued under this section.
        (2) Any permit issued under the Act of June 8, 1906 (16 U.S.C. 431-433), shall remain in effect according to its terms and conditions following the enactment of this chapter. No permit under this chapter shall be required to carry out any activity under a permit issued under the Act of June 8, 1906, before October 31, 1979, which remains in effect as provided in this paragraph, and nothing in this chapter shall modify or affect any such permit.
        (i) Compliance with provisions relating to undertakings on property listed in the National Register not required
        Issuance of a permit in accordance with this section and applicable regulations shall not require compliance with section 470f of this title.
        (j) Issuance of permits to State Governors for archaeological activities on behalf of States or their educational institutions Upon the written request of the Governor of any State, the Federal land manager shall issue a permit, subject to the provisions of subsections (b)(3), (b)(4), (c), (e), (f), (g), (h), and (i) of this section for the purpose of conducting archaeological research, excavation, removal, and curation, on behalf of the State or its educational institutions, to such Governor or to such designee as the Governor deems qualified to carry out the intent of this chapter.
        § 470dd. Custody of archaeological resources
        The Secretary of the Interior may promulgate regulations providing for -
        (1) the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from public lands and Indian lands pursuant to this chapter, and
        (2) the ultimate disposition of such resources and other resources removed pursuant to the Act of June 27, 1960 (16 U.S.C. 469-469c) (16 U.S.C. 469-469c-1) or the Act of June 8, 1906 (16 U.S.C. 431-433). Any exchange or ultimate disposition under such regulation of archaeological resources excavated or removed from Indian lands shall be subject to the consent of the Indian or Indian tribe which owns or has jurisdiction over such lands. Following promulgation of regulations under this section, notwithstanding any other provision of govern the disposition of archaeological resources removed from public lands and Indian lands pursuant to this chapter.
        § 470ee. Prohibited acts and criminal penalties
        (a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources
        No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
        (b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law
        No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of -
        (1) the prohibition contained in subsection (a) of this section, or
        (2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
        (c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law
        No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.
        (d) Penalties
        Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both: Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000, or imprisoned not more than five years, or both.
        (e) Effective date
        The prohibitions contained in this section shall take effect on October 31, 1979.
        (f) Prospective application
        Nothing in subsection (b)(1) of this section shall be deemed applicable to any person with respect to an archaeological resource which was in the lawful possession of such person prior to October 31, 1979.
        (g) Removal of arrowheads located on ground surface
        Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground
        On item G. I would not follow what it says as other parts of the law say you cannot pick up surface finds on federal property.


        • #5
          well i could read that 10 times and still not understand, to lawyer like for my country a**e noticed the date 1979 actually heard a rumor once that after 1979 you couldnt pick up points on gov land pryor to that was ok,


          • #6
            You would need to read all the laws on the books not just the last one. If these so called artifacts were found on Federal property in a cave in context with a lot of other stuff and not in the open by its self then you could not legally own them.
            Here is some info taken from
            The rising discovery of archaeological sites in the American southwest during the 1870s and 1880s led to increased interest in southwestern artifacts. This in turn resulted in the looting of these sites, as well as "recreational" digging by both residents and tourists. For many inhabitants of the region, the sale of these artifacts represented substantial extra income. The realization by Federal Agencies of the destruction led to the creation of the Federal Antiquities Act in 1906. This act prevented the destruction of monuments and antiquities on public land, yet allowed the free import and export of such artifacts.
            Little documentation of the problem exists for the period 1906 through the 1960s. As interest in the American Indians rose in the 1970s, the true dimension of the problem came to light. The increase in public interest had jumped demand for artifacts in both the domestic and international markets. Sites fell under increasingly heavy destruction in the search to satisfy demand.
            Most of the vandalism occurred in remote areas (virtually all of the sites) and under cover of darkness. Heavy equipment, which destroys the land in a short period of time, was a common instrument because of its quickness in uncovering the site. Deep plowing, for example, cuts through the earth in huge chunks in order to bring artifacts to the surface. This technique essentially destroys the site for all further possible usage. Other methods included probes, camouflage, and aircraft.(1)
            In an attempt to stem the loss of cultural artifacts and vandalism, the Archaeological Resources Protection Act (ARPA) was instituted in 1979 to create authorities capable of enforcement. This act was amended in 1988. It is still proving both inefficient and ineffective, however, in controlling the problem.
            According to a 1988 Congressional report on the vandalism and looting in the four-corners region of the country (namely, New Mexico, Arizona, Utah, and Colorado), up to 90% of the known sites in this area are believed to have been vandalized to some extent. There is a 42% increase in reported events from 1985 data, although most vandalism remains unreported since most sites have not been surveyed in order to assess the extent of the problem.(2)
            At the time of the report, around 19,000 sites were known to exist. This area contains sites from many different tribes, including those of the Navajo, Anasazi, Ute, Apache, and Hopi. The Bureau of Land Management is responsible for 55.5 million acres in the region, with only 4.5% of the area surveyed to know of its contents. It is estimated that 90% of the area is American Indian, and that 50-90% has been looted. The National Park Service controls 5.29 million acres; 10% had been surveyed. The Bureau of Land Management has 30.5 million acres, with 4.3% surveyed, while the U.S. Fish and Wildlife Service controls 2.45 million acres, having surveyed only 1%. The U.S. Forest Service has 42.7 million acres and had surveyed about 7%. The Forest Service estimates that Utah faces a greater problem with looting than does either Arizona or New Mexico, by as much as a factor of five. In addition, although this agency has done the most of the federal agencies in controlling looting, its efforts are exceedingly uneven, concentrated primarily in Arizona.(3)
            Because of the vast land areas the local agency offices are responsible for covering and the remote locations of many of the archaeological sites, agency staff rarely revisit most archaeological sites after they are initially recorded. Therefore the extent to which recorded sites have been recently looted is unknown.(4)
            The greatest problem inherent to all of these agencies is the lack of staff and resources to adequately implement the measures delineated by ARPA. ARPA was designed "to protect archaeological resources on public and Indian lands."(5) It required permits to excavate an area. It also prohibited the trade of stolen artifacts, except surface arrowheads which were covered under the 1906 Antiquities Act and the regulations concerning the theft of government property.
            ARPA has also proved difficult in the courtroom. Most Americans are uneducated about the effects of artifact looting and the precise definitions contained in the ARPA. As a result, vandals are often prosecuted not with ARPA but rather with either the 1906 Act or government property theft, which tend to be easier to explain and to understand. The combination of these two problems has led the Congress to conclude that looting of archaeological sites in the Navajo Reservation alone suffered a 1,000% increase from 1980 to 1987.(6)
            The international art market drives the destruction of sites for their hidden resources. The business is both large and dangerous. It dominates the black market, which often proves disadvantageous to archaeologists whose lives are jeopardized by their work. Although pottery is one of the prized artifacts, almost anything will bring a price, including human remains.
            Individual objects on the market are often difficult to trace to the country of origin, never mind to the original site. Oftentimes, whole sites are destroyed in the hunt for the best "marketable" objects. In addition, the largest objects are often impaired by transport, cut into smaller pieces for the journey. This is simply further destruction to history.
            Art has become a favored means of investment since the 1950s. In addition, objects tend to acquire higher prices the further they travel from "home". One example given was a Mimbres pot, renowned for its specific style. Native to southern New Mexico, such a pot there could fetch $200-$1,000, but in Albuquerque could garner up to $45,000. This same pot might receive $95,000 in New York, while prices of $400,000 have been recorded in Europe.7 Most stolen pieces that find their way overseas eventually reside in Europe and Japan, although Korea, Taiwan and Saudi Arabia have also become recent storehouses. Since the U.S. Customs Agency is currently [as of 1993] not involved in regulation, it is estimated that the loss is in the multimillions of dollars.
            Part of the problem stems from the right of ownership. In most of the rest of the world, antiquities are nationalized. Thus, once an artifact is discovered, it is owned by the national government. In the U.S. this is not the case. The owner of the property, by U.S. law, also owns whatever is contained on, or in, that land. In addition, as has already been demonstrated, the federally-owned lands are vast and their contents remain largely unknown. Furthermore, prosecution of looters and vandals is tenuous at best. An attempt to reconcile the situation was made November 16, 1990, when President George Bush signed into law the Native American Graves Protection and Repatriation Act (NAGPRA). NAGPRA, under the official jurisdiction of the Secretary of the Interior, is designed to reduce the international market by cataloguing all artifacts, beginning with museum collections. Furthermore, NAGPRA aims to repatriate all sacred objects and human remains still contained within or upon archaeological sites.
            NAGPRA, while concerned with the reduction of illegal trafficking and vandalism, is also concerned with the cultural effects upon Native Americans. Looting, vandalism, and the illegal trade creates ethical problems, as the ancestors and their objects from burial are very important to Native American Indians.
            Traditional Native Americans see an essential relationship between humans and the objects they create. Respect of all life elements -- rocks, trees, clay -- is necessary because we understand our inseparable relationship with every part of our world.
            This is why we honor our ancestors and the objects they created. This honoring allows us to remember our past and natural process of transformation--of breathing, living, dying, and becoming one with the natural world.(9) Native American customs thus forbid the disturbance of graves and burial sites. This has contributed to problems even within purely archaeological studies. Religious artifacts and sacred sites are crucial cultural resources, essential to the way of life of the Native Americans. The cultural implications of the trade are vast and disturbing.
            NAGPRA has assisted in promoting heritage values in archaeological resource management and federal land protection. It has helped bring culture to the forefront of policy with regard to this area of concern. Currently there are over 200 proposals for NAGPRA grants, although competing for a limited number of funds. Furthermore, the Russian government is examining NAGPRA in light of its own problems with illegal looting and trade of stolen artifacts.(10) Education among the public is also increasing. A new video from the National Park Service is now shown in all middle and high schools in Arizona, New Mexico, southern Utah and southwestern Colorado. Silent Witness: Protecting American Indian Archaeological Heritage is designed to increase awareness of these issues among the young, to stem future problems.(11) In addition, Indian cultural centers and museums are on the rise across the country. Within a few years, the Smithsonian Institution plans to add The Museum of the American Indian to its mall of museums.
            Also contributing to recent optimism is the fact that federal law enforcement officers and the legal industry have become more familiar with both ARPA and NAGPRA and their concerns, thus permitting the increased use of these acts in prosecutions. In fact, NAGPRA just received its first conviction in late March 1995. A collector in Virginia was convicted of selling dozens of artifacts, including an Indian leg bone from the Little Bighorn National Monument site (of General Custer fame) in Montana. The source in Montana was also arrested and the Maryland buyer has been indicted in Kentucky for attempting to auction the artifacts.(12) Nevertheless, looting remains a tremendous problem. Resource management is but one lingering concern. These artifacts represent a vital part of American history: their creators are gone and the artifacts cannot be replaced