Metal Detecting on Government Property

     Obviously, local laws vary widely between state, county, and city property.  For instance, in some states you can't metal detect on any state property but in others you can.  The surprising thing to most, though, is that laws can also vary between different parks within the same state.  My best advice is to make sure you contact the governing authority controlling the area you want to metal detect and get this permission in writing.  

     Always do things the right way, but if you get a response you can't live with; take action to fire the guys who either wrote or stand by the law during election time.  You can also write to your officials, or organize a petition (free).  I do remember reading somewhere that this is a government by the people.  

     Its not as bleak as it looks though.  I don't know of any even obscure law (except for the National Registered Historic Site program) that prevents you from metal detecting on private property as long as you have permission.  Don't let this legal stuff scare you, but it is important you know the boundaries.  There are literally millions and millions of acres where you can legally metal detect and/or prospect on government property in the U.S.

• Relic Tip:  Most large battlefields are designated state and federal historic areas.  Please save yourself the hefty fines and jail term by not attempting to detect on this land.  Oftentimes, though, much of the engagement area, campsites, and routes of march surrounding the park are located on private property.  Many smaller battlefields are not owned by the government at all and this land usually consists of nothing more than crops or pasture.  If you plan your outing in the winter before crop season, the farmer or rancher should have no problem granting you permission.  Just make sure you know how to read a map or ask the landowner to show you his boundaries.  Telling the park ranger you thought you were still on private property won't cut it!

US Government Property: Down and Dirty

     The following sections discuss the most common types of US property and provide advice on whether or not you can legally detect them.  Many metal detecting activities on US property are governed by the Antiquities Act of 1906 or the Mining Law of 1872.  Of the US Government Properties that you can detect or prospect on, the administrating agency may require permits.  So as always, follow the Treasure Hunter's Code of Ethics and ensure you contact them for permission.  I do know for certain that you cannot relic hunt on any property owned by the US Government - which laws define as any manmade object more than 50 years old (ARPA - Archeological Resources Protection Act).  So what does that leave?  

     How does GOLD sound to you?  You can find it in almost every state, but if you don't know where, join the Gold Prospector's Association of America (GPAA).  They'll supply you with maps to their exclusive claims, know-how, motivation, and experience on public lands to be a successful nugget shooter or prospector.

THE GOOD

• National Forests - Yes, you can metal detect for items less than 50 years old, prospect for gold, and even file a claim in most forests except in specially designated historical areas.  Only detecting on designated historical sites will require a permit (don't bother trying - only the pros can get these).  Rangers have a very good reputation with being helpful and supportive.  Nevertheless, they are also concerned about historic sites, and may even have misunderstandings about sluicing and dredging when it comes to the environment.  Always talk to your district ranger before you head out, but don't always accept the first "no" you hear.  Here's a quick course in your average federal employee's work ethic (I am one):  If they don't know, its just easier for them to say HELL NO! 

• U.S. Army Corps of Engineers - "Title 36--Parks, Forests, and Public Property Chapter III--U.S. Army Corps Of Engineers Part 327--Rules And Regulations Governing Public Use Of Water Resources Development Projects Administered By The Chief Of Engineers. (d) The use of metal detectors is permitted on designated beaches or other previously disturbed areas unless prohibited by the District Commander for reasons of protection of archaeological, historical or paleontological resources.  Specific information regarding metal detector policy and designated use areas is available at the Manager's Office.  Items found must be handled in accordance with Sections 327.15 and 327.16 except for non-identifiable items such as coins of value less than $25.....A violation of the provisions of this regulation (Title 36) shall subject the violator to a fine of not more than $5,000.00 or imprisonment for not more than 6 months, or both."  Click Here for More Details

• Bureau of Land Management - Absolutely YES!  Detecting is allowed without a written permit on most of this land.  As of this writing, there was no requirement for permits unless you are in an historic area.  This federal agency within the Department of the Interior administers over 270 million acres nationwide and many people have claims on this land.  To get info on how to file your very own claim, or to see what's already been taken:

>>CLICK HERE TO FILE A CLAIM<<

THE BAD

• Military Reservations - Even if you happened to come across a military reservation that was in a gold producing area, and you received permission from the Installation Commanding General, you would still need to have business on the post just to enter the gates after 9/11.  For most of us, this is an impossible set of circumstances, but if you think you could fall into this category - more power to you.  Just make sure you schedule a class at Range Control so they can tell you where the artillery impact areas are! 

• "Indian" Reservations - Unless you are a member of the tribe, and you've read and adhered by all the various tribal regulations, DO NOT ATTEMPT! 

& THE UGLY

• National Parks and Monuments - Absolutely not!  You can't even have a metal detector in the trunk of your car on this land.  I've often heard these guys referred to as the "Pull Tab Gestapo."  Don't even attempt to ask for written permission.  All they need is "the suspicion of" to fine and arrest you.  It doesn't matter if you want to hunt a campsite playground or just try to find your wife's cherished wedding ring of twenty years.  You can either Write your Congressman (add keywords: "Arbitray and Capricious" or "Unconstitutional") or just thank the idiot who was "night-hawking" in the Shiloh National Battlefield for lighting the fire in the first place!

     Here's some of the black and white pertaining mostly to relic hunting on various US Government Property (great material if you can't get to sleep, I might add).  Keep in mind that federal agencies are empowered to make rules that have the full force of law.  What may be lawful one day, may not be in just 90 days (read the current Federal Register).  Always get permission no matter where you go, but the real bottom line is that it is MUCH easier to metal detect on private property than government.