[meteorite-list] BLM

From: Jim Wooddell <jimwooddell_at_meteoritecentral.com>
Date: Sat, 22 Sep 2012 08:26:00 -0700
Message-ID: <CAH_zgwHqSw3V_Hfix2iepes_fkxiqN8_ijYk+TUhdRLZXYjd3w_at_mail.gmail.com>

Hello Greg and all!

Part of this is why hunters need, not only the immediate support from
NASA, but also the support of the institutions that hunters have
supported so generously. Obviously, if the media is to blame for
this, they are very much part of this. All of the PR generated,
Sutters Mill for example, has been positive for NASA and associated
institutions. They ARE as much part of this as anyone. If they
choose to not be involved, I want to know why!

Additionally, if a "casual" hunter can not sell what is found, does
that also include the barter and trading that takes place at
institutional levels as is done now? How is "sell" and "sale" defined
and is it only monetary transactions that count? Is barter and trade
acceptable??It opens a huge can of worms that likely does not want to
be opened.

My concern is not the opinion whether or not they can set policy or
whether legally it is right or wrong. I am not a lawyer...armchair or
otherwise. I do know for a fact, each district supervisor can set
policy in regards to his area of responsibility.

My concern is the oppression of the immediate need to recover fresh
falls for science due to some permit process managed by individual BLM
district or field offices and the elimination of the ability to hunt
in wilderness areas, such as the vast majority of the Franconia Strewn
Field which has been open to hunting for a decade causing no ill
effect to the area...certainly no where near any of their current
permitted operations cause....not even 1/10 of 1/100 of a percent.

Is the perception of a need to recover meteorites immediately (for
science) after a fresh fall real or is it a myth based on the value of
the first found meteorites?

Jim





On Fri, Sep 21, 2012 at 4:43 PM, Greg Hup? <gmhupe at centurylink.net> wrote:
> Hello All,
>
> With such 'loose' and broad 'laws/suggestions-2-law', it is a fact that the
> next really large find from old fall or fresh fall that a private individual
> finds on 'public' land will end up in court! I believe the private sector
> has a much better grasp and respect for meteorites that are found on public
> land than ANY bureaucratic agency can even come close to understanding. The
> private sector contributes far greater personal resources (financial and
> personal time), at a MUCH CHEAPER rate, than any governmental body could
> even consider!! Something to chew on while smoking a stogy with one of the
> Good 'ol Boy DC types!!!
>
> Best Regards,
> Greg
>
> -----Original Message----- From: Jeff Grossman
> Sent: Friday, September 21, 2012 6:55 PM
> To: meteorite-list at meteoritecentral.com
> Subject: Re: [meteorite-list] BLM
>
>
> 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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>>
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-- 
Jim Wooddell
jimwooddell at gmail.com
928-247-2675
Received on Sat 22 Sep 2012 11:26:00 AM PDT


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