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  1. #1
    us
    Feb 2011
    4

    Mining Claims???

    What are the laws to detecting on federal land? And what are the laws for mining claims? Do you have to have a claim to find nuggets?
    Can you detect on a claim that is not your or is the considered to be claim jumping??
    I'm new to detecting and would like to know the facts before i get thrown in prison. (just kiddin) just want to know.

  2. #2
    us
    Feb 2010
    1

    Re: Mining Claims???

    you cannot legally detect on others claims as this is mineral trespass/claim jumping. You can detect in other areas that are not claimed on public land open to the mining law and keep what you find but it isn't real easy to do the research and find out what is claimed or not (you'd have to do research at the county courthouse to find out)

    That said I have witnessed many detectorists ignore the law and do it (since many claimholders are not physically at their claims very often to keep an eye on what happens). In the old days you may have been shot at.

    I think if you contacted claim owners of places you want to go that many would give permission for detecting (and many places have already been previously detected but they can't get it all).

  3. #3

    Jan 2005
    Colorado Springs, co
    minelab
    198
    1 times

    Re: Mining Claims???

    Don't detect on someone elses claim. If it was your you would not want them to do that to you. The thing is it is not necassary. Thousands of claims go back every year because people don't keep them up. The research that used to take months of effort can be done in hours at www.geocommunicator.gov. Just go get your own.
    WBB

  4. #4
    us
    Feb 2011
    4

    Re: Mining Claims???

    So what is the main reason people have claims? Just to tie the property up so that other may not mine it?
    What is the typical cost for a mining claim? If one was to fine say a gold nugget what questions would be asked when you go to sell it?

  5. #5

    Oct 2007
    Wyoming
    5

    Re: Mining Claims???

    Having a claim gives you exclusive access to the mineral rights. The problem is that modern claims aren't owned, or patented. They are a lease of mineral rights from the government that must be renewed each year. Besides the annual filing cost, you must complete a certain dollar amount of labor or improvement to the land. Part of the deal is that you cannot live on the claim. So if you see an "abandoned" claim, but the paperwork is up to date, it means that someone has gone to some effort to maintain his lease. While large corporate mining operations hold alot of undeveloped claims, most private claims are not there to "tie up the land". The operators are part time prospectors who have worked and sampled, and settled on a place to call their own. As for me, I respect their effort, and their rights. Plus, most miners I know tend to be armed

  6. #6
    us
    When you get Tired of the every day grind you turn to a place an time to slow down. Gold prospecting a way of life...

    Oct 2010
    Alabama/ Ohio
    GTI-2500, Whites V3, xplorer XS Cortes & XLT cibola ) Now using a Xterra 705, Tesoro Tiger shark and XLT
    802
    46 times
    All Types Of Treasure Hunting

    Re: Mining Claims???

    Federal Land and forest do not allow detecting unless authorized by the ranger office. Now you can pan an sluice for gold in the rivers but unless you have written permission do not take your detector. They will confiscate it on site and fine you, you could also do jail time for it, as in mining claim allot of them will shoot you if they see you taking there gold even though they are to cheap to buy a detector. Always get permission and always in writing. Anyone can file a claim and then all the gold you find on it is your own. Costs a total of around 175.00 for a placer claim

  7. #7

    Jan 2005
    Colorado Springs, co
    minelab
    198
    1 times

    Re: Mining Claims???

    First let me say there are a lot of rumours about claims. So let me help. I went to file a claim in a BLM office and they told me that I could not. I got a hold of the state office and threw a fit and now there are claims there. Certain areas are withdrawn such as wilderness areas and mineral reserves. Local offices of the B.L.M. and forest service tend to make up there own laws. Carry copies of the law in your pocket and ask what legal action have you taken to override the law. I did a search on mineral withdrawal and your area showed none. Yes there are legal steps that must be taken to withdraw mineral collection. One area they was trying to charge me 60.00 to pick up rocks. Once again I got a hold of the Denver office who sent me the federal law. The next time I just pulled it out and said according to this law I am not paying you one penny. This came from your Denver office. I have yet to pay to pick up rocks in the National Forest. I guess I would have to pay to hunt diamonds in Arkansas.
    Second mining claims benifit You. It provides incentives to people who have spent most of their lifes looking for deposits to commercialize what they find. This gives you copper for your pipes Kaolin for your china, flouride for your teeth ,oh yea ,oil for your car. I know you think the Goverment set up claims strictly because they were interested in you, but really, The gready *******s were thinking of themselves. It takes a life time of learning to recognize what is really valuable. Thats right those minerals don't look the same in the field as those pictures of the perfect pristine speciman you are looking at in those rock books.
    You may not even see that rare earth praeaesodium. That took an assay which cost 98.00. Do you pay a Doctor for that education he got to fix you. This guy has spent his evenings on geocommunicator. Weekend out hunting. I was camping last week at three below zero - would you like to join me? And the truth is if you don't understand claims I know good and well you just walked past something sellable. I walk behind you and pick up minerals all the time. I ought to be able to make a little off of my lifetime of research don't you think. While you was watching T.V. we was doing research. I have read every single book that is avilable for check out on Colorado and many of them in the special collections section of the library. Did you watch gold rush on T.V. You don't just hit the ground and start making money. This is a rare event. It takes time research and planning. If claims bother you Quit using your milk of magnesia, your toothpaste, your food ( yea check on the ingrediants on the label.) your car, your plumbing (even P.V.C. contains Kaolin), and about everything else worthwhile. Get my drift. Gold is not the only thing out there being claimed.

    Third many guys who have claims will let you on there if you just act decent. Yes you would be amazed at how many don't. Many people who claim only do lode claims. They do this delibertly. This gives them rights to the minerals in the vein not the surface. Placer claims give you right to surface material. Thats why on some claims you see one claimant for lode and one for placer. Now wouldn't it have been interesting if you would have called the claim owner and said you know I'm just starting could I pay you a fee to look on your claim. If its to high you never have to show up. But what if you heard "buddy I only have the lode claimed the surface is all yours." Now granted there are some whacko crazed out nuts in the field-henceforth the druganov behind me and the two on the ridges you don't see, but most people out there are honest decent folks who love rocks and nature. Your attitude has a lot to do with what happens to you in the field. May I suggest carry a thermos of coffee. You'll be amazed at the things I'll spill over a cup of coffee.

    Fourth last weekend I piced up a chunk of hematite crystals the size of a football. My son got a tourmaline four inches long. We didn't do this on anybodies claim.?They had been there for millenia. Just get out and walk. I'll be 58 in May. I took some young guys out a couple weeks ago. I Had time to eat a sandwich and drink a cup of coffee while I was waiting on them to get to the top of the hill (they later claimed it was a mountain, it was a misely ten thousand feet). You can't see those rocks from an a ATV or a vehicle can you.

    Lastly the guy that is successful in any field is not the guy who focuses on how many things he can't do. The successful guy is the one who focuses on how many things he can do. I stop hunting rocks when the snow covers them up



  8. #8

    Jan 2005
    Colorado Springs, co
    minelab
    198
    1 times

    Re: Mining Claims???

    H Ha Ha I'll leave the geobotany for you.

  9. #9

    Jan 2005
    Colorado Springs, co
    minelab
    198
    1 times

    Re: Mining Claims???

    so my son in law are out following and old road and it passed thru some of the top claims of colorado. On the way back thru some dogs headed toward me. I thought were wild, so I called over my backup shooter which yelled to me they were friendly dogs he could see people down there working a claim. Hearing me call for a shooter they came up the hill and engaged us in a conversation.Turns out this young guy is one of the top gem hunters in Colorado. He told us we could hunt on his claims. He just asked that we stay out of his moneyhole. He told us all that he had found. He even talked to us about how he cleaned them. He was just a great guy. We assured him if we were up there and saw somebody in his moneyhole we would escort them out. His dogs are sweethearts. I feel vindicated. Just for the skeptics I didn't tell him I was Wild Boulder Bill untill I was leaving. We discussed a deal where he would broker my rocks at that point.

  10. #10
    us
    Jan 2008
    Black Hills of South Dakota
    Tesoro Lobo & Garrett Stinger
    4,172
    75 times
    All Types Of Treasure Hunting

    Re: Mining Claims???

    I have to correct a couple of things that has been said.

    A federal mining claim, on BLM land takes a couple of things. First, find out if its claimable (meaning, nobody else has it claimed, it is open for claim and if there are minerals there).

    Second, you do some of this by going to the local BLM office (assuming it is on BLM land). Check for things like withdrawals, etc. ONE BIG POINT, here. Some lands are withdrawn from mining everything EXCEPT precious metals. Follow up on any "special regulations" by reading
    it carefully. Several years ago, we got a withdrawn area in Alaska opened back up, by reading the fine print, and then bringing it to the BLM's
    attention. There are many good mines there now.

    Third - when you file for a claim, make sure you do your monuments and you know where you are - exactly. We have had people file over us,
    more than once. One of the "gentlemen" who filed over our claim met us at the mine and proceeded to try to throw us off. He felt kind of dumb when (a) he didn't realize he was facing west (he'd said north), and (b) he went to the local BLM office and found out our claim pre-dated his by more than 15 years. Know where you are. (and have a "discovery") - by the way, someone will tear down your monuments on a regular basis.

    Now - you do NOT have to do assessment work and pay an annual fee. You do one or the other. If you have 10 or less claims, you can file
    a small miners waiver. (but, if you do, you HAVE to do your assessment work).

    Every year, if you file the small miners waiver, you send that to the BLM by 8/31 and then you have to file your assessment work by December 31st. (depending on what day of the week that falls on). Then, you send a copy of that with a copy of your waiver to the BLM and they charge
    $10.00 per claim to the BLM, and a copy to the county in which the claim is (to the recorders office). The recorders office charges for recording
    it.

    If you have more than 10 claims, then you have to pay an assessment fee - this year was $145.00 each claim.

    You can detect on BLM land - the only time you cannot is if it is specifically withdrawn for some reason, and you cannot metal detect graves, historical areas and stuff like that.

    If you have a mining claim, you can keep people away, legally, only from your active mining area and where your equipment is. However, if
    you metal detect on someone elses claim without permission, and they file charges against you - it can get expensive for you, really fast. It
    is a class 3 felony in most states, a class 2 in some others. (mineral trespass).

    Also - a lode claim trumps a placer. (technically). A lode claim follows a vein, for X number of feet. If you have a placer over a lode, the area
    away from the lode is free territory. The area directly over the lode is NOT up for grabs. (so says the courts in almost every state where it has
    been brought to). And, a placer is done in sections. (like the SW1/4 of the SW1/4 section 8, township XX, Range XX) in 20, 40, 60, 80 or 160
    acres (which is an "association claim").

    Beth
    "Irony is the rule"

 

 

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