New Mexico man officials say was caught digging for buried treasure to face charges

A man caught digging for the hidden treasure of Santa Fe antiquities collector Forrest Fenn will face charges for violating state preservation laws, officials said.
The man, who has not been identified, was discovered digging under a descanso on the upper Pecos River at the Terrero Campground in March, according to Dan Williams of the New Mexico Department of Game and Fish.
A descanso marks a place where someone died or their ashes were scattered.
Eccentric: For more than a decade, the 82-year-old claims he has packed and repacked a treasure chest, adding hundreds of rare gold coins, gold nuggets and other artifacts, and buried it in the mountains north of Santa Fe
Eccentric: For more than a decade, the Forrest Fenn, 82, claims he has packed and repacked a treasure chest, adding hundreds of rare gold coins, gold nuggets and other artifacts, and buried it in the mountains north of Santa Fe
Gold rush: Treasure hunters have been descending on the mountains surrounding Santa Fe hoping to find Fenn's elusive bounty
Gold rush: Authorities say that even if someone finds the gold they may not legally be allowed to keep it
'He told our officer that he was looking for Forrest Fenn's treasure,' Williams told the Santa Fe New Mexican.
The man will be charged under a state law the states that it is a misdemeanor to 'excavate, injure, destroy or remove any cultural resource or artifact.'
The collection of gold and jewels supposedly stashed in the mountains north of Santa Fe has
poem
This poem supposedly guides the way to discover the hidden gold
generated so much interest from amateur treasure hunters that some have put their lives in jeopardy or been cited for illegally digging on public lands.
But authorities are warning people about more than being careful and following the law.
They also note finders may not be keepers.
'If this treasure is buried, you would need to dig for it. And you can't dig anywhere in a national forest without a permit,' said Bruce Hill, spokesman for the Santa Fe National Forest. 'Even if it is not buried and it is just placed somewhere it becomes public domain.'
Ditto for state lands, according to Department of Game and Fish spokesman Dan Williams.
Fenn was asked if he had considered land rights before hiding the chest.
He said in an email that much has been written about land laws.
'I'm staying out of those discussions, except to say it may be fun to redefine some of the terms," Fenn said in the email.
The poem that Fenn published in his memoir, 'The Thrill of the Chase,' to give clues to the chest's whereabouts advises the treasure finder to 'Look quickly down, your quest to cease, But tarry scant with marvel gaze, Just take the chest and go in peace.'
But authorities currently seem to be more concerned about public safety than ownership questions as publicity about Fenn's claims to have hidden the 40-plus pound chest filled with gold coins, gold nuggets and ancient jewelry draws people to the northern New Mexico mountains.
Last month, a woman from Texas got lost in the mountains near Los Alamos overnight after seeing reports about the treasure on national television.
But she was found safe the next day.
And Williams said the state plans to file charges against a man found digging last month under a descanso along the upper Pecos River last month.
A descanso is a marker where someone has died or ashes scattered.
 

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Williams says the man told officers he was digging for Fenn's treasure.
Forest officials are urging treasure hunters to check with their office before setting out to make sure they have the proper gear and know the best places to go, Hill said.
Humble beginnings: Fenn was raised in Temple, Texas, in the family of a poor teacher, but they spent every summer in Yellowstone National Park
Humble beginnings: Fenn was raised in Temple, Texas, in the family of a poor teacher, but they spent every summer in Yellowstone National Park

One step closer: Forrest Fenn, right, presented a new hint in the hunt for his elusive booty on the TODAY show that states: 'No need to dig up the old outhouses, the treasure is not associated with any structure'
One step closer: Fenn presented a new hint in the hunt for his elusive booty on the TODAY show that states: 'No need to dig up the old outhouses, the treasure is not associated with any structure'
'One of the concerns that we had is that this might invite people that really aren't familiar with traveling in a forest,' Hill said. 'They could get lost. They could step and stumble and turn an ankle ... maybe put themselves in a situation where they have to be rescued and maybe put other people's lives at risk.'
Fenn said he has also posted caution notices on his web site and several blogs.
'Flatlanders don't realize how dangerous it can be,' he said.

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