Do Placer/Lode claims include gemstones?

[gold chick]

Wasn't sure where to post this since it covers various topics.

Do placer/lode claims also include gemstones? I am interested in prospecting for some sapphires in Montana. The location that I want to check out has both placer and lode claims on it, but that particular area is not a gold-rich area, so I am assuming that gold claims also cover minerals.

I tried searching for an answer but can't seem to find it.

Does anyone on here know? TY!

 

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[Tiredman]

There are some stories that they do.

 

[BillA]

what do the claim forms say ?
does one not have to indicate the mineral being claimed ?

I know miners keep what is in the sluice, alluvial gemstones - sounds kinda weak as a claim

 

[Clay Diggins]

The claim owner is entitled to ownership of all the valuable minerals within their claim boundary. Gems by definition are valuable minerals.

Some ordinary minerals are not included in the claim rights. Stuff like sand, gravel, some building stone, oil and coal do not belong to the claim owner but they are in a sale/lease class that is not open to prospectors.

There is no requirement in any law or regulation that any mining claim owner has to declare what minerals they are claiming. Under the Mining Act if any minerals found on a mining claim are valuable and not specifically excluded they are the property of the claim owner.

The Mining Act is based on the idea that valuable minerals belong to the person who discovers them and claims their discovery. It is specific to the law that ALL valuable minerals are included in the claim rights. It's a real good idea to read the law.

Here's a copy of that law so you can download and study claim rights. Basically you have no right to any minerals, gems, stones or rocks on a mining claim no matter why you think the claim was located or what type of claim.

Heavy Pans

 

[gold chick]

Ah, thank you for the helpful response. This is what I figured, since the claims I am researching are in areas where there is no gold, but sapphire bars. I will check out the doc you attached.

 

[Tiredman]

The story I was referring to was around Montana City and was about the prospector who just before he headed back east was killed. His cache of gold and a bucket of sapphires were buried near a large rock. The tale goes back for years in old newspapers. Maybe sometime I will post it.

 

[gold chick]

The story I was referring to was around Montana City and was about the prospector who just before he headed back east was killed. His cache of gold and a bucket of sapphires were buried near a large rock. The tale goes back for years in old newspapers. Maybe sometime I will post it.

Ah I see. There are some pretty cool stories of treasures buried in Montana by old miners. Some are actually tempting to go after!

 

[delnorter]

Thank you Clay.

Mike