Is it illegal to dig for arrowheads in Texas? According to the Archaeological Resources Protection Act of 1979
Archaeological Resources Protection Act of 1979
The Archaeological Resources Protection Act of 1979, also referred to as ARPA, is a federal law of the United States passed in 1979 and amended in 1988. It governs the excavation of archaeological sites on federal and Indian lands in the United States, and the removal and disposition of archaeological collections from those sites.
Full Answer
Is it illegal to pick up arrowheads from the ground?
So as we see from the Act, while "no person" without a permit may excavate or remove any "archaeological resource" from federal lands, the criminal and civil penalties contained in subsection (d) may not be enforced on any person picking up an arrowhead from the surface.
Where can I find arrowheads in Texas?
After rainstorms, look for arrowheads in wet ground, particularly on the banks of creeks. Along the coasts, tidal changes can reveal arrowheads. A handful of prominent arrowhead hunting sites in Texas have been popular throughout the years because they have proven to be fertile ground.
Is it legal to collect artifacts from streams in Alabama?
This isn't the case in other states in the south, and Alabama is the only state in the region that specifically allows collecting of artifacts within navigable stream channels. Laws against collecting in streams in Florida are strictly enforced.
What are the laws regarding the removal of Native American artifacts?
No person without a permit from the board, and without written permission of the landowner, shall intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any prehistoric or historic American Indian or aboriginal burial. § 39-7-35. Penalties for violations of chapter; finder's fee for arrest and conviction of violator.
Where can I dig for arrowheads in Texas?
Guadalupe River: If you're hunting for arrowheads in the Texas Hill Country, try searching the banks of the Guadalupe River southeast of Kerrville near Center Point.
What happens if you find Indian artifacts on your property?
If it's on your property, it's yours to keep. Unless you sign a contract with a government agency, archaeologists, or educational institution which allows the other party to excavate on your property and keep the artifacts that are found, the artifacts are your property.
What do you do if you find an arrowhead?
Leave it be or face possible fines and jail time. Illegal to keep artifacts on public land, but there is a loophole if you find an arrowhead on the surface of the ground.
Is it illegal to keep Indian artifacts?
Under U.S. law, archaeological materials that are taken from federal or Indian lands without a permit are unlawful. Ancient objects that are found on private land are legal for individuals to own under NAGPRA, although these objects could (very rarely) be subject to a civil claim of superior title by a tribe.
Is it legal to keep found arrowheads?
It is illegal and unethical to collect artifacts on public lands. Artifacts include anything made or used by humans including arrowheads and flakes, pottery, basketry, rock art, bottles, coins, metal pieces, and even old cans. Collecting artifacts disrupts the archaeological record.
Can you dig for arrowheads?
But there are some arrowhead laws to know before you start hunting for them. It's perfectly legal to hunt for arrowheads on private land with one caveat: You can't dig up arrowheads if they are on a Native American burial site—even if it's on your own private property.
Why do you find arrowheads in creeks?
Without methods to store and transport water, they needed daily access to fresh water. So, they camped, traveled, and hunted near water systems. In these drainages they also made, left, lost, and broke stone tools. These points washed into creeks or rivers and become part of their gravel system over the centuries.
Why are there so many arrowheads found?
The reason there are so many projectile points to be found, even after centuries of determined collecting, is that the technology is a very old one: people have been making points to hunt animals for over 200,000 years. Myth Number 8: Stone projectile points are far more effective a weapon than a sharpened spear.
Where are most arrowheads found?
Most arrowheads are found on the surface of the ground, but if you find a few in close proximity to each other, many arrowhead hunters will start digging. You might find more, but here's where it gets tricky: You might be in a sacred place like an Indian burial ground.
What happens if you discover an artifact?
Federal law protects archeological sites and artifacts on federal lands. You may not dig, collect artifacts, use metal detectors, or deface rock images in national park units. Violations may result in jail time or fines, as well as con- fiscation of equipment.
How can you tell if an Indian arrowhead is real?
Authentic arrowheads feature flake scars where pieces of the rock were hit away. These scars are normally curved; however, if the arrowhead is very old, these scars may be smoothed over. If this is the case, examine the surface of the arrowhead with a magnifying glass.
What does it mean to find an arrowhead?
The arrowhead has been around much longer, dating back to the Stone Age and has been found all over the world. Native Americans believe an arrowhead represents a symbol of protection and strength. An arrowhead also acts as a symbol of courage.
How old are the oldest arrowheads in Texas?
Projectile points as much as 16000 years old have been found in Texas. These spear or dart points are some of the oldest tools ever found in the Americas.
Where to find arrowheads?
It is not necessary to illegally dig up burial sites to find good arrowheads. One of the best places to find arrowheads is near rivers, where it is usually legal to look for arrowheads.
How do the laws in Texas compare to laws in other states?
In Texas, property owners decide what happens to artifacts on their land. This reinforces the legality of digging up sites without having an archeological permit.
Do a lot of people look for artifacts illegally?
Yes, some antique dealers illegally dig up sites on private property to find artifacts to sell. Some even hire people to dig up sites at night. This is illegal and unethical for many reasons, including because it damages the owner's property.
Why is the burial mound act important?
The act is there to protect sites valuable to archeologists from being dug up by amateurs who will not learn valuable archeological information. The laws also protect native cultural heritage sites. It is considered looting to dig up a burial mound.
What happens if you dig up a burial mound without notes?
If someone digs up a burial mound without notes and photographs, it stops being possible to learn as much about the site as archeologists could have.
Is it illegal to pick up Indian arrowheads in Texas?
No, it is generally not illegal to pick up Indian arrowheads you find on private property in Texas. A lot of people hunt for arrowheads on other people's property with the owner's permission. Laws in Texas are at least as lenient as laws in most other states.
How old are arrowheads in Texas?
Furthermore, how old are arrowheads in Texas? The story of Texas starts more than 16,000 years ago with the discovery of projectile points. The arrowheads were found at the Gault Archeological Site in Florence, Texas, and the digging was conducted by archaeologists based at Texas State University in San Marcos.
Where were the arrowheads found?
The arrowheads were found at the Gault Archeological Site in Florence, Texas, and the digging was conducted by archaeologists based at Texas State University in San Marcos.
Is it illegal to dig for arrowheads?
According to the Archaeological Resources Protection Act of 1979 , No, it is not illegal to pick up arrowheads as long as they are on the grounds surface. You cannot dig for them.
Why are arrowheads so popular in Texas?
A handful of prominent arrowhead hunting sites in Texas have been popular throughout the years because they have proven to be fertile ground.
Where to hunt for arrowheads in Texas?
Guadalupe River: If you’re hunting for arrowheads in the Texas Hill Country, try searching the banks of the Guadalupe River southeast of Kerrville near Center Point.
Where are arrowheads buried?
Arrowheads are often buried under dirt and sediment that has built up over many hundreds (if not thousands) of years. Human activity, such as excavation and construction sites, can churn up long-buried treasures. After rainstorms, look for arrowheads in wet ground, particularly on the banks of creeks. Along the coasts, tidal changes can reveal arrowheads.
How to make history come alive in Texas?
Few things can make history come alive like holding an authentic historical artifact in your hand. In Texas, one of the easiest ways to achieve this feeling is to go out searching for Native American arrowheads. Texas was home to dozens of Indigenous peoples for more than 12,000 years before Spanish and Anglo settlers began colonizing Texas. Today, there are many spots around the state where you can search for traces of their lives and cultures.
Can you remove arrowheads from the earth?
While it is OK to remove arrowheads you find on the surface, you should alert a local archaeologist as well as the landowner about your find. With further research, your surface discovery could lead to unlocking deeper historical mysteries hidden beneath the surface of the earth.
Can you search for Native American burial grounds?
Most importantly, never search on tribal lands or areas that are – or are suspected to be – sites of Native American cemeteries or burial grounds.
Where is it legal to dig for arrowheads?
While some people assume that it is not legal to dig into the ground to find arrowheads even on private land, this is false. Digging is usually legal. Laws against amateurs digging up archeological sites do not apply to private property.
What laws should an arrowhead collector know about?
The 1906 antiquities act is no longer relevant, as it was declared unconstitutional for being too vague. Newer laws replace it.
Can you use a metal detector to find arrowheads?
Most arrowheads were made of stone or volcanic glass, so you won't find anything with a metal detector in most places. However, there were copper arrowheads and spearheads, and you can find them if you are very lucky.
Can you always claim ownership of an artifact you find?
Usually, an artifact belongs to whoever owns the property. If you have permission to look for arrowheads - especially written permission to keep arrowheads - they become your property when you find them.
Can you pick up Indian burials on private property?
But that doesn't stop me from picking them up on Lake Lewisville or Lake Meridith, when I lived in Amarillo. I won't touch Indian burials, of which I've found two.
Can you dig for a lake in Texas?
Laws vary from state to state. In TX you can pick them up, or even dig for them on private land with owner permission. Some states have different laws. I know a lot of folks who dive lakes and rivers for them and that is usually not legal cuz its public land/water.
Is it illegal to dig for arrowheads in Texas?
This is Federal law and should supersede any State laws. According to the Archaeological Resources Protection Act of 1979, No, it is not illegal to pick up arrowheads as long as they are on the grounds surface. You cannot dig for them.
What is the Mississippi Code for collecting artifacts?
The following paragraphs are selected sections of the Mississippi Code as it applies to collecting without permission. § 39-7-31. Entry upon land of another to deface, remove or destroy archeological relics or sites.
Who can enter the lands of another?
No person, not being the owner thereof, and without the written consent of the owner, proprietor, lessee, or person in charge thereof, shall enter or attempt to enter upon the lands of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any historical structure, monument, marker, medallion, or artifact, or any prehistoric or historic archaeological site, American Indian or aboriginal remains located in, on or under any private lands within the State of Mississippi. No person without a permit from the board, and without written permission of the landowner, shall intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any prehistoric or historic American Indian or aboriginal burial.
Can you excavate an archaeological resource?
So as we see from the Act, while " no person" without a permit may excavate or remove any "archaeological resource" from federal lands, the criminal and civil penalties contained in subsection (d) may not be enforced on any person picking up an arrowhead from the surface. Removal of the artifact from the site may, however, result in arrest for theft of government property.
Can you collect artifacts without permission in Mississippi?
This is the area we're most interested in, as most of us know the vast majority of collecting takes place on private land. Mississippi grants almost exclusive control of sites to the landowner, as long as burials are not encountered. Written permission from the landowner is required by law in our state to hunt for artifacts. The following paragraphs are selected sections of the Mississippi Code as it applies to collecting without permission.
Is it illegal to disturb a bed in Mississippi?
It is illegal in MS to disturb the bed or banks of a public waterway (defined as "having a mean annual flow of not less than one hundred (100) cubic feet per second, as determined and designated on appropriate maps by the Mississippi Department of Environmental Quality").
Can you hunt creeks in Alabama?
While the legal situation is somewhat muddied, there is no concern voiced over creek hunting in our state. This isn't the case in other states in the south, and Alabama is the only state in the region that specifically allows collecting of artifacts within navigable stream channels. Laws against collecting in streams in Florida are strictly enforced. Informal conversations with many members of the professional archeology community working in MS over the last couple of years has resulted in no objections to this form of collecting, as most readily concede displaced artifacts washed into streams have minimal archeological value except for pure distributional data.
What was the trespasser digging for?
A Hays County game warden was contacted by a Hays County sheriff’s detective about trespassers digging for Native American artifacts on a private property in Buda. The landowner installed several game cameras hidden in trees to monitor the dig sites and caught a man, on two separate occasions, digging for artifacts during March and April 2019. The images were of high quality and showed the man’s face and unique tattoos on his arms. In March 2020, the warden assisted a special agent with the Bureau of Land Management with a federal case involving the removal and sale of Native American corpses/bones and sacred burial beads from an archeological burial site. The warden shared game camera images of the Buda property trespasser with the agent, and the agent recognized the man as an associate of the suspect he was actively investigating. The agent provided the name, and the trespasser was identified. The warden and the agent interviewed the trespasser and confirmed his identity through his unique tattoos. The trespasser handed over 18 Native American artifacts that were taken from the Buda property. Arrest warrants were obtained for Antiquities Code violations and criminal trespass. The subject turned himself in. Cases pending.
What did the warden do when he saw the man catching white bass?
When the warden arrived on scene, he saw the man catching white bass with a cast net, then give it to another fisherman to manually hook the fish in the mouth onto a stringer. The warden contacted the men and found that none of them had a fishing license.
What happened to the helicopter in Freestone County?
A Freestone County game warden arrested a suspect in an ongoing investigation that began in February relating to hog hunting from a helicopter. A husband and wife were working cattle on their property when a helicopter began to hover over their property and shoot feral hogs. The husband waved his arms at the helicopter and it flew off. After the investigation, it was clear that the helicopter owner did not have a landowner authorization permit for the property in question. Charges were filed for using an aircraft to manage wildlife without having a landowner authorization permit.
What did the Freestone County Game Warden find?
The landowner explained that while driving his property, he found a fresh hog carcass, along with a fresh white-tailed doe.
Did the helicopter owner have a landowner's permit?
After the investigation, it was clear that the helicopter owner did not have a landowner authorization permit for the property in question. Charges were filed for using an aircraft to manage wildlife without having a landowner authorization permit.