Carter clause

[CousinDan]

One more question about digging. I might of seen it on here. I remember reading something about Jimmy Carter. What does this loop hole pertain to?

[CliffJ]

The Carter Clause pertains to the clause Pres. Carter wanted put in the ARPA to keep from making a criminal out of someone who may pick up an arrowhead from the surface of federal or Indian land. There is no penalty for picking an arrowhead up- but, you get arrested for stealing government property if you remove it from gov't property. So it's a lousy loophole that might have sounded good at the time but has since been "un-loopholed" by further fancy lawyering and enforcement.

[Pullenrock]

Peanuts :laugh:

[CousinDan]

Thanks Cliff...I'm sure President Carter didn't get arrested!  LOL!  Just us common folks!

[CousinDan]

Haha...peanuts!  That or Billy Beer!...haha

[Scorpion68]

Interesting question - Dan and even more interesting answer - Cliff.  It got me to wondering about all those people that hunt along the river banks, some if not all of which is probably Govt land.  I've seen some real dandy points that people have found.  Makes ya wonder where the line is drawn.  We got Dale Hollow Lake in our area which is fed by a number of creeks and rivers but it's banks belong to the Govt (Army Corp of Eng). Guess no hunting there, huh.  ---Chuck

[CousinDan]

my understanding is yes the corp controlls the Ohio River but the land owners property goes to the river.  So the banks are private property.

[CliffJ]

Corps of Engineers lakes are protected, and I believe that is up to so many feet from the water, or the high water mark. I do know that the C of E restricts any digging, graveling etc up to a point way up on the land on Lake Gaston here, even though the land is private.
The thing with all laws is the widely varied enforcement. Some spots are better protected than others, even if the law applies the same. The spots easiest to get to are the most patrolled, and some think that this allows them to collect where no one is looking. However, when I see artifacts labeled as from "Falls Lake NC" I cringe because if the law wanted to make an example of that collector advertising that he collected illegally, he'd be arrested. Once stolen, an artifact never becomes legal.

[Pullenrock]

Whoa!!!!!..Im ok?..Yea Im Ok...whew!

[ksrocks]

I understand protecting burial sites,but not allowing surface hunting on waterways is BS. Most artifacts found on waterways have washed their from private property anyway. Few greedy poeple mess it up for everybody!

[greywolf22]

It's overkill by the government. An artifact that has washed out and been moved around by nature is no longer in context so is no use to archeologists.

[ksrocks]

Agree 100% on that Jack! Guess it don't matter what we think. Joe.

[greywolf22]

Joe
Its not what we think, its about how they think, and it scares the $&*$ out of me. Big governement is an out of controll monster.

[ksrocks]

You are so right Jack! They spend our tax money like it is their on personal account. It has to end somewhere, our debt as a country is out of control. Don't see it gitting better anytime soon!

[wmwallace]

Amen to all, my philosophy on government is the democrats are robbing the bank and the republicans are driving the getaway car!!! Reverse that if it offends your party. "Out of control" is an understatement of massive proportions when it comes to gov't.
  Lawyers not only screwed up our hunting grounds with their laws, then they get into the most powerful positions and screw everything up!!!!