Be sure you know the Laws in Georgia

[Hernandoman]

From the Georgia Council on American Indian Concerns website
http://www.georgiaindiancouncil.org/Documents/digging.html

This has their own slant but looks like the same position of Ga DNR.....

[Hernandoman]

http://www.georgiaindiancouncil.org/Documents/buyselltrade.html

[Hernandoman]

O.C.G.A. § 12-3-621 GEORGIA CODE

. *** Current through the 2007 Regular Session ***


TITLE 12. CONSERVATION AND NATURAL RESOURCES CHAPTER 3. PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION ARTICLE 9. PROTECTION OF ARCHEOLOGICAL, ABORIGINAL, PREHISTORIC, AND HISTORIC SITES O.C.G.A. § 12-3-621 (2007) § 12-3-621. Prohibited acts as to archeological, aboriginal, prehistoric, or historic sites; notification of state archeologist before beginning investigation or disturbance of site; penalty

(a) It shall be unlawful for any person or entity not operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, or the express written permission of the owner willfully or knowingly to:
(1) Dig, probe, break, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the structures, features, surfaces, or contents of archeological, aboriginal, prehistoric, or historic sites; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
(2) Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
(3) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any area containing an archeological, aboriginal, prehistoric, or historic site or artifacts, even though entrance thereto may not be gained; or
(4) Enter an archeological, aboriginal, prehistoric, or historic site posted against trespassing or a site with a lock, gate, door, or other obstruction designed to control or prevent access to the site.

(b) When the surface of any archeological, aboriginal, prehistoric, or historic site is disturbed by a person not documented as operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, for the purpose of investigating the site or discovering artifacts with the written permission of the landowner, such person shall notify the state archeologist before beginning any such investigation or disturbance. The state archeologist shall maintain a web site and telephone hot line, available at all times, for
the purpose of receiving notice in such form as shall be specified by policy of the department. The state archeologist shall immediately notify the Council on American Indian Concerns created by Code Section 44-12-280 of any such investigation that might involve American Indian human remains or burial objects. The state archeologist shall make available to the council any information pertaining to investigations conducted pursuant to Section 106 of the National Historic Preservation Act, as amended.

(c) Possession of any archeological artifact collected on or after July 1, 2001, without the written permission of the owner of the land from which the artifact was removed shall be prima-facie evidence that the archeological artifact was taken in violation of this chapter. As to archeological artifacts unlawfully in the possession of any person or entity, same shall be confiscated and held by the appropriate law enforcement official(s) and shall be returned by said official(s) to the property owner from whose property the artifacts were improperly removed. (d) Any person who violates any provision of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.

[Hernandoman]

How to notify
7/18/2008

To notify the State Archaeologist by phone, call this toll-free number: 866-755-0014. Or you may send an email.


Please leave a message with:

- your name and contact information
- the county in which you will be digging and other information as to the specific tract of land or location, and
- the date(s) on which you expect to be there.


Please be aware that it is prohibited under Official Code of Georgia Section 31-21-6 to disturb human graves and associated grave objects. Should you inadvertently encounter anything associated with a burial, please immediately contact the local law enforcement officials for assistance, as directed by this code section