Ugh. ASRA hands and pans clarification.

[RudeBoyPanning]

I know there's a lot about this but what are the exact rules? I've gone to Yankee Jim's a few times now with decent luck. Last time the cleanup was pretty decent. My wife and my friends girlfriend want to come with us but I think trying to hike up YJB will be a little much for them. I was thinking of going to the area where the north fork and middle fork join. Is it truly hands and pans only? Can we bring small spades? I have a 3ft mini shovel too, is that allowed? I was thinking of going north up the north fork as far as we can and do a little prospecting there. What do you think? I just want to be extra cautious bc of the ladies being with us.

If it is really hands and pans is there anywhere with decent acessibility we can go where we can use our small shovels? We'll be driving a fwd Jeep Patriot so we have ground clearance but don't have 4x4.

Thanks guys. We've learned a lot from this site and some members that got in touch with me before.

 

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[NorCalPilot]

I just emailed Rep McClintock. I recommend you all do the same.

https://mcclintock.house.gov/contact

 

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[Goldfleks]

Need to make a garrett super sluice out of stainless steel with a nice diging edge.

When do we get to do a Hands and Pans party and meet up in number and really put a dent into the river

 

[arizau]

"Hands and pans"....note the plurals. Estwing and probably others still make steel gold pans so there you go for a digging/scooping tool.

 

[goldenmojo]

Any locals orgs fighting this or asking for clarification? This is my primary spot for prospecting.

When this first became an issue in November of 2015 I downloaded the EIR comments form and made two hundred copies. I passed them out and helped people fill them out when I had time. I even bought and affixed stamps so they could be sent in. I posted on this forum, PMed TNET folks and emailed others. To try to exact a ruling change now is akin to the protesters in the street trying to disavow the recent election. California is about to legislate themself a sanctuary state however there will be no sanctuary for miners.

 

[Aufisher]

Pan with holes equals classifying device. Sticks equal crevice tool.

 

[NorCalPilot]

Well, if anyone is looking for help this season, shoot me a private message. Driving an hour to the ASRA for "hand-and-pans" ain't gonna cut it. I'm in Roseville, CA.

 

[goldenmojo]

Look like the Bear River for no fees and all the fine gold you can scoop up.

 

[brianc053]

I was going to ask about Bear River. It's not affected, right? Any risk of this regulation "creeping" to additional areas?
Is Bear River seeing more activity now (or will it as the season goes on)? Seems inevitable, right?

Bear River is the only place I've prospected in CA (since I live in NJ and only visit CA a few times a year). I'm up for new locations on my next trip though!

- Brian

 

[goldenmojo]

The entity that runs the Bear is mining friendly at this point. There will eventually be a dam constructed flooding the whole valley but it is a ways off.

 

[infotraker]

Has anyone had any problems on n or s fork American river using tools in the hands and pans area ?

 

[Aufisher]

Just glaring from cops in kayaks and a friendly wave from the swift water rescue team after they swamped me with their Zodiac.

 

[NorCalPilot]

So if I were to hike down Pennyweight Trail to Pennyweight Bar and beyond, that would be above the ASRA in the Wild and Scenic Area?

 

[goldenmojo]

Sounds like your getting ideas?

 

[Reed Lukens]

So if I were to hike down Pennyweight Trail to Pennyweight Bar and beyond, that would be above the ASRA in the Wild and Scenic Area?

Yup, anywhere above the rec area is open but... There are claims in the area, so know the status of where you are wanting to mine.

 

[jcazgoldchaser]

Just glaring from cops in kayaks and a friendly wave from the swift water rescue team after they swamped me with their Zodiac.

WHAT?

 

[Tahoegold]

So does this mean no sniping with face mask and snorkel? Does this mean I can't find gold and sell it?
Quote from ASRA website:
"Tools and equipment may not be used in rockhounding, except gold pans. Rocks or minerals gathered may not be sold or used commercially for the production of profit." I believe it is using language that says "commercially", however, it is written so as to be open for interpretation. "Sold" or "used commercially" seems to have a separation of intent. 1) sold 2) used commercially. Anyone care to elaborate on this? I would like to use an underwater viewer and pick gold up with my hands. Things are getting too complicated!!

 

[Aufisher]

You are welcome to look down, find a nugget and keep it until you die.

 

[Goldwasher]

You already have to have a claim or have found the mineral on private land to sell it or use it for jewelry you plan to sell.

If you can be a kid with a mask to look at fishes you better be able to use it to look for gold underwater.

 

[KevinInColorado]

Without a comma the single phrase 'sold or used commercially' means 'sold commercially or used commercially '. It does NOT mean you can't sell it as an individual. It means you can't run a business of selling it or using it. Thus say the lawyers

 

[Clay Diggins]

None of those commas really matters Kevin because the ASRA Management contract doesn't give the State the right to regulate minerals.

From that signed agreement:

(6) The State is not granted authority to issue special use permits or other types of authorizations related to the following activities as identified in 43 CFR 429.3 Grazing, farming or agricultural uses; Infrastructure including transportation, telecommunications, utilities, pipelines; Removal or exploration of sand, gravel or other minerals; or timber harvesting.

Simply put it's clear throughout the Management agreement that the State in no way controls the mineral estate within those Federal Public Lands that make up the ASRA management area. Read the whole MPA and you will see that all of the mineral and resource rights are the same as if the ASRA didn't exist. The Feds can't make a management contract that allows a State to limit your rights to the public lands. The ASRA only administers the recreational functions on those lands. Rockhounding is a recreational function - prospecting is not a recreational function. There is no right to explore for pretty rocks in the Mining laws but there is a granted right to prospect for valuable mineral deposits.

I'm sure the State would rather have prospectors nitpicking over the details of the meaning of hands or pans but when it comes right down to it the State has no right to regulate or control mineral exploration in any way.

Heavy Pans