[meteorite-list] New position on hunting BLM lands

From: Jason Utas <meteoritekid_at_meteoritecentral.com>
Date: Wed, 5 May 2010 17:54:36 -0700
Message-ID: <v2o93aaac891005051754v287428a6z2058384791ca8987_at_mail.gmail.com>

Hello David, All,
I spent the weekend camping with some friends and somehow managed to
get type-A strep. by the day we returned, so I'm just getting back
into the swing of things. I have a few other emails to get back to,
which I'll do in short order.

This is nothing new, and has been the policy of the government/BLM
with regards to meteorites for time indeterminate. It's why the
Smithsonian was able to claim the Old Woman meteorite, but, to date,
they haven't bothered to confiscate (m)any others, to my knowledge.

The current wording of that BLM site is a little unsettling, though,
because it states, "To report illegal collecting or vandalism call..."
 Even if meteorites found on BLM land belong to the Smithsonian, that
shouldn't necessarily mean that collecting them is illegal. As has
been noted in the past, the vast majority of meteorites found in the
US are classified and named, and in most, if not all cases, it is no
question as to who found or owns them. If the only thing keeping
these meteorites from the Smithsonian is the fact that the Smithsonian
isn't asking for the meteorites (assuming that people would hand them
over if asked), it shouldn't be illegal to collect meteorites on
public land.

But there are a few problems with the BLM's interpretation of the 1906
Antiquities Act.
See here:

http://www.nps.gov/history/local-law/anti1906.htm

Are meteorites really "objects of antiquity?" In a literal sense, I
can see what they mean - yes, they're old, but the act seems to be
referring to antiques of a particularly man-made nature - namely
artifacts and archaeological sites. In fact, the act refers
exclusively to archaeological sites and artifacts throughout its
entire body of text, so I'm really not sure where rocks and minerals
fall under it. They don't seem to.

As such, I believe that the justification of this law with regards to
meteorites could well be successfully challenged in court -- but I
doubt that it will come to that...but I suppose we'll find out when
the BLM starts prosecuting people for finding new meteorites....if it
ever happens.

Of course, it should still be noted that any meteorites found on BLM
land, if they don't fall under the 1906 Antiquities Act, would fall
under the guidelines that the BLM has set for rocks and minerals, thus
restricting the mass that can be collected in any given year to a set
amount (250 lbs if I'm not mistaken) -- and prohibiting the commercial
sale of any materials recovered.

Regards,
Jason

On Wed, May 5, 2010 at 1:05 PM, James Balister <balisterjames at att.net> wrote:
> I like this part!? Leave no human remains!? Or foot prints!? Do they mean dead people?
> Please remember not to leave any modern day artifacts or human remains of your own (haul out your trash from remote areas), take only photographs and leave only footprints on designated paths.
>
>
>
>
> ----- Original Message ----
>> From: David Norton <renov8hotels at earthlink.net>
>> To: meteorite-list at meteoritecentral.com
>> Sent: Wed, May 5, 2010 7:40:08 AM
>> Subject: [meteorite-list] New position on hunting BLM lands
>>
>> Apparently the BLM is taking the stance that meteorites fall under
>> the
> federal antiquities act. A link to the BLM Oregon site. This is
>> allegedly
> going to be on every BLM site
>> soon.
> http://www.blm.gov/or/programs/minerals/noncollectables.php
>
>
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Received on Wed 05 May 2010 08:54:36 PM PDT


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