Claims and the BLM

[Goldbear]

Recently read in one of the mining magazines where a claim was made with the BLM covering an area 3 weeks after another claim for the same area! This just blows my mind in an era of such high technology that this can happen. How in the world can ANY info coming from that department be trust worthy? Why this is not in a database that would red flag on an application that it is already under claim is just ridiculous.

 

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[Gravel Hog]

The BLM doesn't check your work, claimants responsiblity, you can file a claim on or over anything but you are to be responsible for it to be legal and do your research.
This could have been avoided by going to the County Recorder and checking before filing and throwing $100= bucks down the drain.

Onsite footwork (to see if there are sign or markers)
County Recorder (check for claims file in the last 90 days)
Then Finally BLM

 

[jog]

I located a claim on 9-12-2010 last year. I went by the court house on a Fri, found it to be open for claiming. I went out to the location and checked the claim for gold. I posted my papers on a large tree with orange marking tape next to the only wide spot on the rd. I came home and sent my papers off to the recorder on 9-29-2010, two days later I sent them to BLM.
"Well" one night I'm sitting looking at mining claims on eBay and recognized the pics. Another person had claimed the same claim two to three days after I did and had it posted for over $5000.00.
I contacted the seller and he pulled the ad, we got everything sorted out. He didn't have any papers on the claim, I went down two days later and looked over everthing. The BLM and the courts will almost allways go by the location date.
When looking at a claim make sure and look for the paperwork because of the time they give you to file your papers. Just because it's not at the court recorder doesn't mean that someone hasn't put up papers.

 

[homefires]

BLM could give a rats behind if you give them none refunable money. LOL!

People over file all the time hoping that the first person in misses a deadline on fee's or documents.

It becomes theres, Just like that.

 

[Goldbear]

I understand that there is a method to the madness, I am just saying in this day and age there is absolutely no reason why a national database, one stop file, can not be done right at the local county level. I am sure that person selling a false claim on top of yours that he had no papers on absolutely knew he was pulling a scam.

Just because something has been geting done a certain way for the last 100 years doesn't mean it shouldn't be fixed and updated.

 

[homefires]

That would make too much sense.

They just Gutted the GeoComm system to make things harder to do.

With the economy being in the tanks, they was being flooded with claim paper work.

Yes, it could be done.


Are they going to do it? NO!

Look at all the lost revenue's to them! LOL!

 

[Gravel Hog]

I sleep way better now that the GeoComm crap is offline. 12 of 21 claims were not represented, these were old claims from the 60's, and the BLM excuses for not having them on there were

.

Accuracy is not the BLM's best trait, more clerical, like filing and recording.

 

[Hoser John]

WHEN FILING A CLAIM BACKFILE AT LEAST 88 DAYS AS COMPUTER SCAMMERS HAVE PROGRAMS THAT TRACK ALL THE NEW CLAIMS AND STEAL CLAIMS EVERY SINGLE DAY . That a way you get your claim and they don't have any legal way to overclaim your hard work and perseverence-John ---

 

[Gravel Hog]

Yep, Hoser, thats a good proven tip too.

 

[Goldbear]

And that is the perfect and good enuf reason why the system should be updated. One stop and done on a controled program. No doubts when you leave that you have your claim.

 

[Terry Soloman]

And that is the perfect and good enuf reason why the system should be updated. One stop and done on a controled program. No doubts when you leave that you have your claim.

Gosh Goldbear, you seem to believe that giving the BLM some "High Technology," will fix the problem. Free Clue: You can give the BLM all the technology in the world, but you can't make them care. They have a legal cash game. Why would they want to change anything? The first thing to leave in the car when you visit your regional BLM office is common sense. I may sound a little harsh Goldbear, because this issue IS HARSH! Gold prospecting and mining is a very hard and tough world -- that has never changed, and never will. The BLM wants desperately to keep it that way - "Natural Regulation." Just keep the rules confusing, and the price of participation high. Don't take sides, just take the money and let 'em fight it out in County Court! Update the system? LMAO!

 

[Goldbear]

And if we are willing to put up with it and don't bitch that is what we will get. I am an optimist that if we scream for better systems then we will get them. There is a changing tide with the tea-party and the old repubs learning to shape up or they are out. Why not push for this right along with cutting back on the epa and the tree huggers. Get mining rights back that were lost, update the system to work for the people. If you don't fight the current status they will take it all away bit by bit. That is their strategy. Organize the already organized mining clubs and push this issue nation wide and have it pushed so it is even in the 2012 election platform / debates. No one knows of this if you are not invloved in it. That is what needs to change.

 

[Goldbear]

Well I just hit up Sarah Palin on the subject on facebook. You might be a Sarah hater but this is right up her alley with her alaskan background. Lest see what happens. Spread the word, it can't hurt!

 

[Goldbear]

Come on John tell us how ya really feel !! LOL

 

[Terry Soloman]

...Organize the already organized mining clubs and push this issue nation wide and have it pushed so it is even in the 2012 election platform / debates...

Goldbear, I appreciate your passion but I'm laughing so hard I think I peed in my undies a little bit! Gold prospectors will NEVER, EVER, come together as one unified force to battle ANYTHING. First, there are not enough of us. Second, we don't have enough money. Third, we can't even agree on gold panning technique, or which metal detector is the best for goodness sake, how are we going to come together on reorganizing the BLM? Have you heard of "PLP" or, Public Lands for the People? I even donated money to that scheme. Once burned, twice shy. The real answer is bringing BIG mining, with their BIG money into our lobbying efforts in Washington - which also won't do any good with the Administration in power at the moment. Last but not least, Gold Prospectors are individuals that are secretive and self reliant by nature. We don't want you to know our business, but we always have an ear open to hear yours! Gold prospecting and "organizing," have never mixed, and probably never will.

 

[jog]

Sounds like some real positive thinkers out there, I would have to say it's that kind of attitude that got ALL the miners into the mess were in now.
The best thing everyone can can do is know your RIGHTS and stand up for what RIGHTS you have.

 

[oragonads]

...Organize the already organized mining clubs and push this issue nation wide and have it pushed so it is even in the 2012 election platform / debates...

Goldbear, I appreciate your passion but I'm laughing so hard I think I peed in my undies a little bit! Gold prospectors will NEVER, EVER, come together as one unified force to battle ANYTHING. First, there are not enough of us. Second, we don't have enough money. Third, we can't even agree on gold panning technique, or which metal detector is the best for goodness sake, how are we going to come together on reorganizing the BLM? Have you heard of "PLP" or, Public Lands for the People? I even donated money to that scheme. Once burned, twice shy. The real answer is bringing BIG mining, with their BIG money into our lobbying efforts in Washington - which also won't do any good with the Administration in power at the moment. Last but not least, Gold Prospectors are individuals that are secretive and self reliant by nature. We don't want you to know our business, but we always have an ear open to hear yours! Gold prospecting and "organizing," have never mixed, and probably never will.

The armed forces seem to be organized and they all don't agree with another. They prefer different weapons, uniforms, training techniques, tactics, etc but they all work together to get the job done. The army, marines, navy, airforce, coast guard, etc all come together in the belief of our freedom. All us miners need to come together in our belief of our freedom to mine.

You don't all have to agree on everything to come together as a force. You just need to believe in one solid thing that we all need. OUR MINING RIGHTS.

 

[Klondikeike]

Klondike here...

Here is my take on this... being in mining for over 30 years and have mined on both private and public lands...I'v had some experience with this subject...

The 1872 General Mining Laws set a very clear and prescribed method and steps to filing a mining claim....However, since those general mining laws were passed in 1972, and by our US Constitution which gives Soveriegn rights to the states, and not all states ratified the Federal Law concerning mining...so you can't file a mining claim in all states...but in those you can..each of those states has adopted their own set of proceedures and steps to filing a claim.....IN ADDITION TO THE FEDERAL REQUIREMETS...

Therefore, if you want to file a claim, YOU MUST research and know the Federal steps, but ALSO THE LOCAL steps for filing a claim....

Here is the important part... IF YOU LEAVE JUST ONE THING OUT OR ONE STEP IMPROPERRLY OR NO COMPLETED AT THE FEDERAL OR LOCAL LEVEL..... YOU DO NOT HAVE A VALID MINING CLAIM.. NO MATTER HOW MUCH YOU PAID FOR IT.. OR WHAT YOU PAID TO THE BLM OR WHAT PAPERS YOU FILED....AND THE COURTS WILL ALWAYS SIDE WITH THE PERSON OR COMPANY WHO HAS FOLLOWED EACH STEP CORRECTLY......

Here s an example... In California...In Sierria County, You should file and locate your claim pretty much as the Federal law says... and post your location notice where someone can find it easily... Now in Arizona, in Yapavi County.. You must use WHITE PVC PIPE at all 4 courners and a seperate 5th PVC pipe which will contain the location notice...You can also use a pile of stones for your corner marker...but the white PVC pipe is preferred... BUT YOU MUST HAVE THE 5TH MARKER OF STONE OR PIPE FOR THE LOCATION NOTICE...if you leave the 5th marker out and place your location notice without the 5th marker... YOUR CLAIM IS NOT VALID AND CAN BE CHALLENGED AND YOU WILL LOOSE...

This is just a simple example of some local filing and posting differences...

If you are going to own a mining claim on public lands.. YOU MUST KNOW THE LAWS and it IS ONLY YOUR RESPOSIBILITY to know the laws and the proper way to file and locate a mining claim...

If you follow all the steps to the letter of the law for both the Federal and local interests... you will never have a serious problem with your claim or any challenge that may happen on it or to it.....but leave just one thing out in the filing or posting... and your claim is not a legal claim...

YOU CANNOT BE LAZY CONCERNING FILING AND POSTING A MINING CLAIM.... when buying a claim.. get a copy of the location notice and THE FILING RECEIPTS AT THE FEDERAL AND LOCAL LEVELS...then walk the claim, making sure it is post EXACTLY as the federal and local law prescribes...anything less than this and you may buy an invalid claim or you have filied an invalid claim..

I make a comprehinsive check list of ALL the federal and local laws concerning filing and posting a mining claim..and check each one off right after completing that step... it's good advise and it will keep you out trouble...

I do not necessarily agree with how the system works.. but it is the ONLY sytem we have...and it is what you MUST do at the ferdal and local levels to keep your claim in good standing...

With gold prices up so high .. there will be a lot of people hanging paper incorrectly tryin to make a fast buck with some unsuspecting person...and you may loose a lot of money by not knowing what your resposibilities are concerning these issues...

Be educated... be knowledgable ...and be safe...

I hope this helps...and good luck to all...

Klondike...