I thought you would be interested in this recent email I received and my answer to the person. Sorry it is so long, but you know me!
Hi Keith, Read the article about you in Lost Treasure this month, Great work. I hunt a Corp lake quite often and never have had a problem with the Corp. My problem is with the rangers at NFS (National Forest Service) lakes, some will allow water hunting and some won't. I live in Arkansas and I have received permission to hunt one of the lakes about 3 years ago and last year the U of A took over management of the lake and ran me off twice. I haven't been back , the old ranger i guess left and a new ranger is there and won't allow metal detector's anywhere. He talked as if he would not allow scuba either. I have also hunted another NFS lake and the ranger was quite friendly and always asked what I'd found. Do you have any info on the laws governing the national metal detecting policy at NFS lakes. These lakes were build during the WPA project years by the CCCs.
They are nation wide and belong to us. Its great that someone is looking out for us little guys. If you could shed some light on this can of pull tabs it would be greatly appreciated by many! I love WPA lakes they are small, quite, and most are in beautiful scenic area's and they all have swimming areas for the family. Thanks for all the work you've done for us all. HANSWER:
Please consider yourself lucky, for most I have heard never get on a NFS lake or swimming beach anywhere. The Regulations of the NFS is much the same as the BLM across America. It states in short: Metal Detecting is allowed in non historical and archeological areas of lands under the control of the NFS. However, excavating is not allowed anywhere within the lands of the NFS with the exception of mineral prospecting. You are only allowed to remove surface finds unless you are in an archeological significant area of NFS lands, there nothing can be remove surface or not. Also take into account, the NFS "WILL NOT" tell you where these archeological or historical areas are under their control--for fear you will loot them. So if you without knowing, wonder onto such an area--then you take the chance of being arrested. I know, for there are some 10 cases of that now pending across America, of the innocent just didn't know they were on such a site, which is never marked. Also the American Congress passed a law in 1979 called Archeological Protection Act of 79 where by they exempt coins, rocks, mineral and bullets and state any object that is at least 100 years old "maybe" considered of archeological significance. Yet our NFS and the BLM has illegally changed that to 50 years to be considered of archeological significance and it does include coins, rocks and bullets, against federal ruling. Thus if you find a coin dating 1950, then you are in violation of their regulations and can be charged a fine and/or spend time in jail. The fact that you are getting away with it now in certain areas of NFS lands even with the permission of the rangers (verbal only), you are still taking the chance of the federal archeologist visiting that area of the NFS and hearing of your excavations and thus setting up a sting-operation to catch you in the act and prosecute you. This is "exactly" what happen with the Billy Shivers vs NFS some years back, he also had permission from the head of the NFS office in that district. It took 4 years and a great loss to Billy and to the metal detectorist out there. The NFS plays by their own rules, for we are not united enough as a concerned group of hobbyist to go to our federal lawmakers and ask them "why is there a different set of rules for the NFS, when federal law states otherwise???" It is my belief, that when that question is ASKED by hundreds of united hobbyist, then and only then will the federal lawmakers have to do something about it. For the question will then be before the people of the nation; "Is it that federal agencies of America have very special rights to create their own laws to govern the people above those that we elected as our lawmakers of this land?" "Which laws do we follow; those made by Congress for all American's, or those made by the federal agencies against the laws of Congress?"
When and if we are ever united enough to ask that question is and will be the only time that our hobby will truely become free! Keith Wills