Forrest Fenn, millionaire antiquarian -- and person of interest in a federal grave-robbing and artifact-poaching probe -- self-published a book years ago about his lifetime of derring-do.
No one would have ever heard of the book, had it not contained a bit of doggerel, which people charitably call a poem, that supposedly contains clues to a stash of gold and jewels that Fenn says he buried for others to find. (To read it, follow the link at the bottom of this post.)
But people are taking it seriously anyway. Not since Oak Island has a rumor taken hold in the popular imagination to create a meme that, on its surface, is about attaining wealth but, at its core, is about desperate hope and frustration.
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| Santa Fe National Forest near Jemez (USFS) |
I have a hard time deciding whether it's just a silly diversion or a cruel hoax. But as a person who cares about wilderness, historical resources, and simply other people, I wanted to give all of you potential treasure-hunters out there some things to consider.
1. What Fenn is asking you to do is dangerous. A 33-year-old woman hoofed it all the way from Carrollton, Texas, to the Santa Fe National Forest to search for the supposed prize, and 7 miles into her exploration, she got hopelessly lost. It took three aircraft, a team of rescue workers and a pack of search dogs to find her. It was a perverse errand into the wilderness.
2. When asked whether his secret cache was buried on public land, Fenn told the Daily Beast the answer was "too big of a clue." Which could be read to mean either -- and only -- "it doesn't matter because the whole thing's a ruse" or "yes."
Obviously, even if the treasure weren't a maguffin, the guy's not going to point you to someone's private property. Or maybe he would; I never met him, so I don't know. But he's made such a big deal about Yellowstone in the past that to admit it's on public land would be a dead giveaway.
So if you're going to take the bait and start digging up national park or forest or BLM land, you should probably sock away some bail money and keep your lawyer's number in your pocket. 'Cause digging on state or federal land without permission is illegal.
3. And even if you do manage to secure a permit for taking part in Fenn's publicity stunt, you can't keep whatever you find.
I can hear you already, libertarians and Blue Ribbon Coalitioners -- yeah, the American people own the land, but that means everyone owns it and what's on it. It's owned by public trust, not individual right, so you can't go spading over soil there because you think it's yours. Moreover, you won't own any Dominican cigar box full of costume jewelry that you happen to find there, any more than you, personally, own the natural gas that's being extracted from that same public land by oil companies.
If you don't like it, go find a country that doesn't have a government, because that's how government works.
To give you a sense of how fully aware Fenn is that this is illegal, and what little concern he has for you if you get caught, he recently said of this issue: "I’m staying out of those discussions, except to say it may be fun to redefine some of the terms.”
4. Fun. In addition to the prospects of finding yourself stranded in the Sangre de Cristos dying of dehydration, or arrested on federal felony charges, what seems least "fun" about this whole misadventure is that it threatens very real, and literally irreplaceable, archaeological resources.
Western public lands are this country's greatest repository of historical records -- both human-made and not. Just in the Four Corners area alone, there are uncounted ruins of pithouses, tool-making sites, cliff dwellings and seasonal encampments going back a millennium and more.
I've been lucky enough to see some sites in Northern New Mexico that have never been excavated -- not dissembled and mortared back together like you find in most national parks -- and the experience of witnessing history in such places is unmatchable.
I'm not alone in my enthusiasm for this, which is why, under the Archaeological Resources Protection Act, hunting for artifacts on public land is also a federal felony.
Clearly, Fenn doesn't care about this either. Conceiving of the past in a way that doesn't serve personal gain just isn't "fun."
5. You have about as much a chance of finding hidden treasure using Fenn's poem as you do of finding Jimmy Hoffa's remains by poring over the New York Giants' passing stats over the past 30 years.
To see what I mean, you can read Fenn's buried treasure poem here.

It is NOT illegal to "dig on federal land". It is illegal to dig in a national park and it is illegal to disturb areas known to contain archaeological artifacts.
ReplyDeleteWhat Fenn hid are not "artifacts" - it is a modern "treasure trove" and are (a) legal to hunt (Forest Service's own words) and (b) will belong to the finder (minus taxes if he/she is stupid enough to acknowledge finding it).
Hi Matt, thanks for writing. I'm going by what's been reported by Archaeological Damage Assessment & Investigation, a firm that archaeological sites on federal lands.
Delete“It likely would be a violation of the theft of government property (18 USC 641) and injury of government property (18 USC 1361) statutes, both of which are felonies if the value of the property stolen or injured is greater than $1,000.00. These statutes would apply because the property Fenn buried would now be abandoned on federal land and would, therefore, have become federal property. Digging it up at Bandelier, clearly government property, would constitute injury and removing it would constitute theft."
So the treasure trove, if there is one, would be ipso facto federal property if he left it on federal land. Weird, I know, but that's what the law is. And while you're right that it'd be legal to hunt -- i.e., look visually for -- the stash, digging for it would constitute damage to federal property (the land).
As for archaeological resources, I didn't mean to suggest that there's anything of archaeological value in Fenn's supposed hoard. The concern that some archaeologists and I have is that people are going to disturb lands of real archaeological value while potholing federal lands because of this wild goose chase.
Thanks again for writing.
I think adia's assumption that the propery is abandoned wouldn't hold up in court, at least as long as fenn is alive. The nps has won cases arguing exactly the opposite (of course under the auspices of maritime law...so who knows..). I can think of a couple of cases, the Fowey in Biscayne natl. park and the submerged b-29 at lake mead, where title was established to the resources in spite of the fact that physical control wasn't held (locations were known to looters, but not to nps). I know the cases are different, but the fact that fenn seems very much involved in all of this makes it seem like he still maintains title to the treasure. He's guilty of not obtaining a special use permit for putting on a treasure hunt, etc, but I don't think he's "abandoned" his property.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteYou seem not to realize that fun and legality are not always mutual. Quite often the opposite, in fact.
ReplyDeleteWestern Digger you got the lawyer in me stirring so I must retort. I agree it's illegal to dig without permission on federally or for that matter state owned land. I also agree it illegal to take even a rock from those places. But, Fenn has hinted in his poem and in his book that he didn't say he buried the treasure. Now here is my thinking...the key word to the this law is "ABANDONED"! F.F is still alive and can acknowledge on one's behalf that he did not abandoned his property, just merely hid it for future retrievel. He could prove this by retrieving his fishing and hunting gear he is known to hide and retrieved on his family vacations. Also if the forest service is known to return personal property deemed hidden in this fashion or reason it could be considered it past pratice by a good lawyer. It was ok to return a $200 fish rod but not a $2 million dollar treasure?
ReplyDeleteits not buried, according to forrest fenn. so there is no digging. its placed inside something- in a cave, in a log, in a tree trunk- he has said its unlocked, and it cannot fall over or be knocked down and that its not buried. if you see it, take it and go in peace. if a ranger sees you taking a box or carrying a box around, its hard to prove you've defaced state property.
ReplyDeleteIt was inside of a beaver dam on the East side of the river...who knew
ReplyDeleteDid you find it?
DeleteHard to say when money is involved the bullshit starts to flow....the gov. and feds always want it for ...free so if your fortunate be like the gov. shut up and go on your merry way or sell it back to the owner.
ReplyDeleteMatt is exactly right in his comments and Western Digger, Western Digs, and Archaeological Damage Assessment & Investigation is wrong. It is not a violation to dig on ALL Federal lands but it is a violation to dig on some Federal Lands (i.e. National Parks, Historical sites, National Monuments, etc.) There are many areas where digging is not allowed but certainly, digging on some Federally owned lands in some instances IS ALLOWED (i.e. unpatented mining claims). USFS and BLM Lands allow some digging and they are FEDERAL LANDS. Western Digger, will you acknowlege that BLM and USFS lands are "Federal Lands" and that some digging on Federal Land is allowed?
ReplyDeleteNow, as far as abandonment of property: IMO, Forrest Fenn's Treasure HAS NOT BEEN ABANDONED. If it were abandoned, he would not be able to pass title of it to the finder (you can't pass title to something you do not own!). So, by saying that he passes title to finder is an acknowlegement that he (and his heirs after death) retains title until someone finds it. Fenn's treasure is personal property and would be treated no differently than if you lost a valueable diamond and gold ring at a National Park, which I believe has happened in the past.
No doubt, much of the misinformation being put on the internet is intentional, but to continue to perpetuate this particular misinformation when it has been questioned is wrong.
if you are finding something of interest, a case, it would be free.
ReplyDeleteso there no tax, like on Kijiji, things are free. i pay no tax
on used items, do I. just point view. I am decluttering my house.
I saw all those free cars and name it. lol. his things are used,
right, that is why he (Fenn) got rid of them.
I think i have located it in one of the caves it is right near an opening above which i believe is the blaze
ReplyDeleteI think I have a clue :)
ReplyDeleteAnyone going to be out searching this week-end?