Carter clause

[Scorpion68]

I completely agree all.  The one thing that I have noticed about Govt Regs is the more they regulate the more freedoms we loose.  The areas that truly need regulation are left unattended by the politicians cause it's usually big money.  Also the local state archaeologist told me that almost all surface finds will be out of context due to wash out or wash down on slopes and creeks.  So - other than to a collector, the artifact would be of little use otherwise.  ---Chuck

[Ridgerunner]

I was researching public perceptions about the "Carter Clause" under ARPA and discovered this particular forum. I joined in order to comment.
First, I have discovered that enforcement of the statute and regulations "implementing" ARPA are generally grossly misunderstood, albeit for the good reason that they run generally at cross purposes.   
There is an almost universal misconception among collectors as to the trappings of ARPA and "its" regulations as pertain to surface collecting. Jimmy Carter is certainly not to blame for the problems as he did collectors a great service in his insistence on the "Carter Clause". President Carter was himself a collector and is known to have expressed the view that he did not want a boyscout made into a criminal for taking an arrowhead from the surface of Federal lands.
What the Carter Clause does: Prevents application of criminal penalties [under Sec 470ee(d) of the Act] from being applied to anyone removing an "arrowhead" from the surface. Taking criminal penalties out of the picture is obviously a big step toward acceptance of propriety of allowing surface collecting on Federal lands.
What the Carter Clause did/does not do: It has not, and does not, prevent the agencies of the United States charged with oversight of Federal lands, and given rule making powers under ARPA, from promulgating and adopting regulations that establish civil forfeiture provisions associated with removal of archaeological resources (including arrowheads found on the surface) of federal land. While civil forfeiture is not criminal penalty, it can nevertheless can be a severe sanction if carried to extremes. In this regard we must consider that the agencies of the US government that promulgate the regulations and oversee Federal lands do not consider collectors to be a sympathetic constituency.
To my knowledge, regulations establishing the bounds of civil forfeiture provisions have not yet been constrained by case law testing their limits. For example; could a civil forfeiture action against a collector for taking an arrowhead from federal lands include confiscation of a vehicle (or vehicles) that he used to access the lands? Could an entire "tainted" collection be confiscated from his home? When, if ever, do "lawful" civil forfeiture regulations equal or exceed the criminal penalties; and when, if ever, do civil forfeiture regulations become invalid for exceeding the scope and intent of the regulatory authority delegated to agencies of the U S Government by Congress in enacting ARPA?
Ultimately these questions may find answers when those evil boogiemen, known as lawyers, get together in their secret meeting places, called "courtrooms" to divy up their ill-gotten money! Exactly how lawyers are to blame for laws enacted by elected representatives and regulations adopted by bureaucrats (all with a good dose of lobbying from special interests that obviously do not include influence from amateur archaeologists/collectors) is a mystery for another day. I guess that its as Shakespeare said: "First, we kill all the lawyers."

[gregszybala]

Thanks Ridgerunner, well put.
Also, welcome to the forum.

[Bill]

Remember that the "Carter Clause" was intended not to permit collecting at all. It was intended for a passive walker who is not looking for anything at all who looks down and happens to notice an "arrowhead" on the ground and picks it up. This type of completely, lucky happen stance is legal.
The "Carter Clause" does not make it legal to deliberately walk federal or state property, ARPA sites, etc. looking for "arrowheads" This is completely illegal at all times.
If you want to collect then stay off Federal and State controlled lands altogether. Ask the boys who have been busted by the TVA along the Tennessee River if they will get you!