Metal Detecting In Kansas?You Should Know The Law
Metal detecting in Kansas follows the ARPA (Archeological Resources Preservation Act).
Please click on the link below for the ARPA explanation and some of the problems people face who break this law.
Archaeological Resources Protection Act (1979) Federal laws provide for severe penalties to those who disturb and destroy sites more than 100 years old. The Archaeological Resources Protection Act (ARPA) [16 USC 470aa-mm (1997)] was passed in 1979 and prohibits unauthorized digging and collecting of archeological resources, including pottery, basketry, bottles, sites with coins, or arrowheads, tools, structures, pithouses, rock art, graves, and human skeletons. No person may sell or buy any archeological resource, that was illegally acquired. Penalties for those convicted of violating ARPA are: 1. First Offense: a person who breaks this law for the first time may be fined $100,000 and spend one year in jail. IF the cost of repairing the damage exceeds $500, the offender may receive a fine of $250,000 and spend two years in jail. 2. Second Offense: a person who breaks this law for the second time may be fined $250,000 and spend five years in jail. 3. Vehicles and other equipment used in breaking this law may be confiscated. ARPA applies to all public lands, including those administered by the U.S. Forest Service, Bureau of Land Management, the military, Fish and Wildlife Service, the National Park Service, and the Bureau of Reclamation. People who dig in sites are engaged in an illegal market activity, are armed with weapons, and should be considered dangerous. Never approach someone you see digging in sites or collecting artifacts. Instead, record information about them – their physical description, what they were seen
In addition to the above ARPA law, the State of Kansas also follows the strict ruling of the 1966 "National Historic Preservation Act", which states: "The National Historic Preservation Act (NHPA) was enacted in 1966 to protect the Nation’s historical resources from increasing development and expansion pressures by establishing a comprehensive national historic preservation policy. It defines historic properties to encompass a broad interpretation of American history and acknowledges significance at all levels, not just nationally. Furthermore, historic properties are now understood and appreciated as part of—not isolated from—the landscape in which they belong. Implementation of this act is mainly through 36 Code of Federal Regulations (CFR) part 63, Determinations of Eligibility for Inclusion in the National Register of Historic Places, and 36 CFR part 800, Protection of Historic Properties. The regulations that implement the NHPA and their accompanying guidance documents formulate a proactive national policy on historic preservation. It specifically directs federal government agencies to take historic preservation into account in planning their initiatives and actions. Thus, the federal government is now a full partner and a leader in historic preservation." MAJOR PROVISIONS OF THE NATIONAL HISTORIC PRESERVATION ACT "The NHPA defines historic preservation as “the protection, rehabilitation, restoration and reconstruction of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, or culture.” You can go here for more information on Kansas and NHPA As confusing as the above laws may seem, if you are metal detecting in Kansas? Do not dig anything that you believe is an artifact, or anything that is older than 100 years. Especially if you are metal detecting in Kansas on any State Lands. If you want to detect on private property, then be sure you get written permission from the landowner. For metal detecting in Kansas town, village and city parks, you'll need to check with those local officials. Reminder -No Metal Detecting in Kansas on State Lands Metal detecting in Kansas is allowed in state parks, but you may not dig to retrieve items. Anyone metal detecting must follow all access rules the same as anyone else with regard to restricted areas. Check with the park staff before attempting to metal detect. KS does not have a specific regulation allowing or prohibiting the use of metal detectors on lands controlled by KDWP. KAR 115-8-20 specifically prohibits digging holes or pits; and destroying, defacing, degrading or removing any real or personal property (other than property owned by that person) or geological formations; historical sites; archeological relics or ruins, or vegetation. Park managers may allow an individual to dig small areas when an individual is using a metal detector by special permit in certain areas and for specific purposes. Some areas, people are not allowed to dig or remove anything. Always make an appointment with the park manager, explain what, where, when you want to use a metal detector before you dig or remove anything from department controlled lands and waters. Do Not Let These Laws Stop You From Metal Detecting in Kansas I receive many emails from people who are upset with the laws that restrict our ability to enjoy the hobby. Many individuals just give up, and their detectors end up in the closet, never to be used again. That’s the wrong approach. Giving up the hobby of metal detecting is a defeatist attitude that only gives more power to the bureaucrats. Giving up is exactly what they want us to do. I’m not saying that we should break the laws by going on to State Lands and dig up as many finds as we can. What I am saying is that we should all follow the law, but challenge them by speaking out against them. I know many instances where the laws that govern detecting in certain areas have been reduced to allow it. But this change came only after individuals spoke loud and clear. “Are You Interested In A Metal Detector Or Accessories? If you do not own a metal detector and you are thinking of purchasing one, do not over spend. Too often, newcomers to the hobby buy expensive detectors only to discover nothing but confusion about how to use their new model.
If you spend between $350-$450 on a new model, that is good enough. Just read the owners manual, and practice with your detector, and you will do fine. Move up to the high end models after you have become proficient in the hobby.
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