Hi, Jeff. Thanks for the explanation of the process. I guess I should have completed my thought, as what I was trying to get as was to not have people refer to this memo as a law since that is not what it is.
Michael in so. Cal. On Fri, Sep 21, 2012 at 3:55 PM, Jeff Grossman <[email protected]> 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 <[email protected]> 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 >>> ______________________________________________ >>> >>> Visit the Archives at >>> http://www.meteoritecentral.com/mailing-list-archives.html >>> Meteorite-list mailing list >>> [email protected] >>> http://six.pairlist.net/mailman/listinfo/meteorite-list >> >> ______________________________________________ >> >> Visit the Archives at >> http://www.meteoritecentral.com/mailing-list-archives.html >> Meteorite-list mailing list >> [email protected] >> http://six.pairlist.net/mailman/listinfo/meteorite-list > > > ______________________________________________ > > Visit the Archives at > http://www.meteoritecentral.com/mailing-list-archives.html > Meteorite-list mailing list > [email protected] > http://six.pairlist.net/mailman/listinfo/meteorite-list ______________________________________________ Visit the Archives at http://www.meteoritecentral.com/mailing-list-archives.html Meteorite-list mailing list [email protected] http://six.pairlist.net/mailman/listinfo/meteorite-list
