Can I get a quick lesson on mining law?

[OwenT]

I saw a video from AMRA, then I went and watched a bunch of them. I wasn't aware of the sort of things happening to some of these guys and how hard some people are trying to stop mining. So I want to know what's really going on here. What rights does the General Mining Act of 1872 grant us? What other rights do we have? Do any new regulations supercede the the 1872 law? Is dredging in CA completely banned, and do people do it anyway? What kind of equipment is allowed in CA? Just trying to get a basic understanding of what our rights are as it doesn't seem very clear these days, thanks.

 

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[rodoconnor]

It doesn't seem to matter what our rights are. No matter how they are spelled out and reaffirmed by the courts. Including the Supreme Court. If a rogue agency BLM,FS, EPA,CF&G decides to harass you , you will find yourself paying legal fees, while they of course do not. I'm not trying to be political Mods, but it is an unfortunate reality

 

[OwenT]

It doesn't seem to matter what our rights are. No matter how they are spelled out and reaffirmed by the courts. Including the Supreme Court. If a rogue agency BLM,FS, EPA,CF&G decides to harass you , you will find yourself paying legal fees, while they of course do not. I'm not trying to be political Mods, but it is an unfortunate reality

I have noticed that, it is very unfortunate.

 

[ghostminer]

Owen, I can tell you that these agencies sometimes make up their own rules and it's up to you to try to get your rights back from them. They have a stacked deck in their favor sometimes. California at this time has determined highbanking to be the same as dredging unless your discharge is at least 300 ft from the water source. This is in violation of Federal law but they don't care, they make this stuff up to suit themselves. If caught highbanking by Fish & Game you will be fined and lose your equipment. The New 49'ers can't even allow highbanking on their claims in California. This is the country we are all living in. Freedoms are quickly disappearing and some people are in denial. How is a small miner to make any money if they can't dredge or highbank? They can't. Why pay for mineral rights if they won't let you mine the minerals? They must permit for larger operations and post reclamation bonds. That requires capitol. We are in the permitting process in California at this time. Our Use Permit will end up costing somewhere between $60,000 to $100,000. That's before any equipment.

 

[goldenIrishman]

Owen, The basics of the laws haven't been changed since they were first adopted even though there have been many assaults on them over the years by many different groups. While you're in Washington, California laws may very well end up being adopted in your are as well. That's one reason the court cases in California are such hot topics here.

To protect your rights, it's important to know the laws for the area you are working in. I'm in Arizona so Washington laws wouldn't be much help here or vice versa. It's also important to know the different governmental agencies as well as exactly where their authority ends. Many of the individuals working for these agencies want to make up their own rules on the fly. Any time you're approached by any employee of an agency, ask to see identification and always be polite as possible. A little politeness can go a long way with many of them. If they try to cite you for anything, ask them to show you the statute in their handbook before you sign anything. If they can't provide a copy of their handbook with the exact statute then most likely they are over reaching their authority. Politely inform them that if they exceed their authority and violate your rights that THEY can be held responsible and will find themselves in court facing charges without any backup from their parent agency. Also keep in mind exactly where you're working. If in a National Forest, you have several agencies you may have to deal with. Where I work, it's strictly BLM land so a U.S. Forest Service employee has zero enforcement rights. In some counties, the local sheriff has striped federal agencies like the EPA and Forest Service of their enforcement rights within that county.

It all boils down to taking the time to learn the laws for your area, the limits of authority for the various agencies involved. It's not an easy task but it is an important one! Remember that a well educated and informed miner can be their worst nightmare. Often times once they know you know the laws and regulations better than they do, they'll back down and leave you alone. I've been lucky and have always been able to make friends with the local LEOs. Hell.... I've even taught a few of them how to pan. Keeping a clean camp and back filling your holes is always a good thing as well.

 

[OwenT]

Thanks goldenIrishman, that was very helpful.

 

[goldenIrishman]

No problemo Amigo. We've got to hang together or we will hang separately.

 

[winners58]

A good place to learn with a focus on Washington state is Resources Coalition Homepage

the little tabs in the banner have some good info on rights and regulation, code...

 

[OwenT]

A good place to learn with a focus on the Washington state is Resources Coalition Homepage

Cool, thanks for the link .

 

[yodi]

Down load the gold

and fish book it has the rules and regulations for Washington

 

[meMiner]

There is another basic centuries old law - "He who has the gold, rules".