[meteorite-list] BLM

From: Jim Wooddell <nf114ec_at_meteoritecentral.com>
Date: Fri, 21 Sep 2012 18:46:11 -0700
Message-ID: <q14id4414kog0uq2q0qjcpxm.1348278371305_at_email.android.com>

Jeff,
Correct.
Jim

Jim Wooddell - Mobile

Jeff Grossman <jngrossman at gmail.com> wrote:

>I am not an expert in this area, but the way I understand it, the Code
>of Federal Regulations, which have the force of law, grant certain
>agencies regulatory authority in certain areas. The new BLM policy
>cites the sections of the CFR under which they are claiming authority to
>regulate the collection of meteorites on public lands.
>
>I am not a lawyer, and I could not attempt to assess whether BLM's
>applications of the CFR to meteorites would stand up in court. Nor do I
>wish to comment on whether I think the policy they implemented is wise.
>But I don't think they are exceeding the authority granted to them under
>US law to make such policies in general.
>
>So BLM is not writing laws... they regulating under the law.
>
>At least that's how I understand it.
>
>Jeff
>
>On 9/21/2012 1:39 PM, Michael Mulgrew wrote:
>> As I understand it, this new memo from the BLM is not a law. Last I
>> checked the BLM does not have the power to write laws.
>>
>> Michael in so. Cal.
>>
>> On Fri, Sep 21, 2012 at 6:42 AM, Doug Achim <dougachim at yahoo.com> wrote:
>>> I live in Southern New Mexico. I ran about 100 sections, part of a larger
>>> ranch for a little over 5 years( 1999 to 2004) The part I ran was almost all
>>> classified as Wilderness Study Area (WSA). Look up the rules for WSA. The
>>> only time there was anyone in the area that was not there to visit me was
>>> hunting season. The hunters drove all over off road , left their camps a
>>> mess when they left, generally trashed the place. I begged the BLM to come
>>> bust somebody so I could spread the word and maybe get everyone to follow
>>> the rules. Never once did a BLM person show up during the 5 years, except
>>> some old volutiers and all they did was drive around and sometimes pick up
>>> some trash. In 2004 there was one BLM Agent ( The ones who carry guns) to
>>> cover all of southern New Mexico. Border Patrol was a different matter.
>>> There were more Border Patrol on the ranch daily than illegals passed
>>> through yearly. They mostly were hunting arrowheads, shooting rabbits, or
>>> picnicking. I collect arrowheads. I have all the laws concerning
>>> artifacts in the binder made up for my files. ARPA laws state in is not
>>> againt the law to pick up arrowheads on the surface. ( ARPA was passed in
>>> 1979, Jimmy Crater was the president and he was an arrowhead collector). He
>>> refused to sign ARPA stating that he did not some Boy Scout arrested for
>>> picking an arrowhead up. So it was changed to exclude arrowhead hunting,
>>> only arrowheads nothing else, and that is stated a couple places in the law.
>>> I had a friend in another BLM area got harassed by a BLM person, so I decide
>>> to check in person. There was not one person in the Las Cruces BLM office
>>> who could tell me anything except that you could not do it. It took me weeks
>>> to find the Agent, and he told me a lot of different things. The one that
>>> like was it was not against the law to pick up an arrowhead if you were
>>> working, hiking or whatever else on BLM land and found one. Where you were
>>> breaking the law was if you went to the BLM land with the intent of
>>> looking for arrowheads. I had the law with me so I pulled out a copy of ARPA
>>> and ask him to show me where that was stated as I had read it numerous times
>>> and never seen any thing written like that. He did not read anything just
>>> stated that I was not a lawyer and probably to stupid to understand legal
>>> writing. I studied Animal Science, Business, and Civil Engineering, so I am
>>> maybe not as smart as a Federal employee, but I know how to read. Someone
>>> needs to have a lawyer friend really read the new meteorite law, including
>>> all the fine print, because the BLM people read the title and go from there,
>>> or they are trying to run you off an area so they can go back and hunt
>>> themselves. Another story about arrowheads and ARPA. I found a copy of the
>>> Forest Service laws on artifacts. It stated that it was against the the to
>>> pick up chipped stone projectiles ( arrowheads ). I contacted the
>>> Forest Service and questioned it. They told me that ARPA was only a
>>> guideline for federal agencies to use to make their own regulations. I said
>>> so the Congress, Senate, and the President had studied, debated, and finally
>>> passed the law so some GS2 employee of the Forest Service could change to to
>>> what ever he wanted to. I have not seen the new laws but will track one down
>>> soon and have a judge friend of mine write an opionon and sent it to the
>>> list. Saludos Doug
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Received on Fri 21 Sep 2012 09:46:11 PM PDT