Can you prospect for relics on a gold claim?

[gold chick]

Ok so we have determined that any mineral on a claim (gold, silver, metals, and gemstones) are off-limits. But what about relic hunting?

The reason I ask is because I am finding old homesteads and cabins on public lands (via google earth) that are very remote but are sitting on gold claims. From the looks of it, these claims are not being actively mined. I am sure it would be suspect to run a metal detector over these grounds but if relics are not covered in claims then I have the law on my side, right?

Probably a serious gray area but I want to have all my bases covered before I go out prospecting this summer. TY!

 

Amazon Forum Fav 👍

Agony and Death on a Gold Rush Steamer: The Disastrous Sinking of the Side-Wheeler Yankee Blade - Grab it through Amazon!

[IMAUDIGGER]

Ok so we have determined that any mineral on a claim (gold, silver, metals, and gemstones) are off-limits. But what about relic hunting?

The reason I ask is because I am finding old homesteads and cabins on public lands (via google earth) that are very remote but are sitting on gold claims. From the looks of it, these claims are not being actively mined. I am sure it would be suspect to run a metal detector over these grounds but if relics are not covered in claims then I have the law on my side, right?

Probably a serious gray area but I want to have all my bases covered before I go out prospecting this summer. TY!

If your concerned about having the law on your side, you first have to figure out if it's legal to disturb and remove relics from USFS managed public lands regardless of mining claims. Should be as easy as contacting the local ranger district and asking.


You will get different answers from various claim owners. I can tell you many feel they control the land and if your caught with a metal detector on their claim, you will be treated like a thief. No benefit of the doubt given.

Use your judgement is my suggestion. Rural Montana is a whole bunch different than Southern Middleupperish California (I made that term up).

 

[Madmox]

If your concerned about having the law on your side, you first have to figure out if it's legal to disturb and remove relics from USFS managed public lands regardless of mining claims. Should be as easy as contacting the local ranger district and asking.


You will get different answers from various claim owners. I can tell you many feel they control the land and if your caught with a metal detector on their claim, you will be treated like a thief. No benefit of the doubt given.

Use your judgement is my suggestion. Rural Montana is a whole bunch different than Southern Middleupperish California (I made that term up).

This is pretty sound advice. Legally the claim owner cannot stop you from looking for relics or camping or anything else you choose to be doing, aside from removing minerals from the claim area. That is the extent of their legal exclusivity. In practice.... they may well try to run you off.

The other side of this says generally, the federal government will tell you that these homestead sites are historic places and you cannot remove any object over 50 years old. I’ve heard that some Rangers don’t care as “they are your land as much as anyone else’s” and know someone that had to fight it out in court because they were ticketed for picking up 3 square nails from an old mine site on forest service land. So you mileage may vary.

 

[A2coins]

If you had a claim would you want someone with a detecter searching for relics say you found a huge gold nugget would you keep it. Thats why I wouldnt like someone doing that.

 

[Madmox]

If you had a claim would you want someone with a detecter searching for relics say you found a huge gold nugget would you keep it. Thats why I wouldnt like someone doing that.

Legally, you only have rights to the naturally occurring minerals on the claim. It’s not your property. So, though I totally understand your sentiment and share it, it simply doesn’t matter. If they were to find a gold nugget while doing it, well that becomes much muddier and you may have some legal claim to it. But if it could be shown that it was found in say... a buried jar. Well then it might need to get hashed out in court though then everyone would lose as the gubmint is involved and they will take their cut from whatever their decision is.

 

[augoldminer]

Any active claim is off limits to relic hunting.

If some one is actively working the claim even if its just piles of fresh dirt from weekend dry washing its a active claim.

I have had people walk on to claims i was working and try to carry off OLD mining equipment i was still using.

if you find your self looking down the barrel of a shotgun be warned not all mines are under claim some maybe patented mines that are owned land and no longer under the 1872 mining law.

there are three type of mines,

*those under mining claim.

*patented mines.

*And those with a approved mine patent application.

Trespassing on patented mines and those with a active mine patent application and removing ANYTHING can get you arrested.

The difference between patented and unpatented mining claims
In the United States, the critical distinction is between patented and unpatented mining claims. ... The biggest advantage to a patented claim owner is he owns the land and minerals underneath it. That means an owner can lock off his land and deny anyone access.

 

[gold chick]

Thanks for all your helpful responses. I think I will steer clear of relic prospecting on gold claims, even if it's legally sound. If the shoe was on the other foot, I suppose I'd be pretty pissed if someone were on my claim running a detector.

I will still check out the homesteads and take photos instead of relics

 

[gold chick]

Any active claim is off limits to relic hunting.

If some one is actively working the claim even if its just piles of fresh dirt from weekend dry washing its a active claim.

I have had people walk on to claims i was working and try to carry off OLD mining equipment i was still using.

if you find your self looking down the barrel of a shotgun be warned not all mines are under claim some maybe patented mines that are owned land and no longer under the 1872 mining law.

there are three type of mines,

*those under mining claim.

*patented mines.

*And those with a approved mine patent application.

Trespassing on patented mines and those with a active mine patent application and removing ANYTHING can get you arrested.

The difference between patented and unpatented mining claims
In the United States, the critical distinction is between patented and unpatented mining claims. ... The biggest advantage to a patented claim owner is he owns the land and minerals underneath it. That means an owner can lock off his land and deny anyone access.

Thanks for the advice. So can a patented claim can occur on public lands??

 

[gold chick]

This is pretty sound advice. Legally the claim owner cannot stop you from looking for relics or camping or anything else you choose to be doing, aside from removing minerals from the claim area. That is the extent of their legal exclusivity. In practice.... they may well try to run you off.

The other side of this says generally, the federal government will tell you that these homestead sites are historic places and you cannot remove any object over 50 years old. I’ve heard that some Rangers don’t care as “they are your land as much as anyone else’s” and know someone that had to fight it out in court because they were ticketed for picking up 3 square nails from an old mine site on forest service land. So you mileage may vary.

Wow the square nail lawsuit is one of the most ridic things I've heard! That's something I don't understand is why is it better to leave relics alone than unearth and preserve history? These relics will be destroyed over time so why not let people unearth them and preserve them for future generations to enjoy?

I know the laws are way less restrictive in Montana, especially in very remote locations but I will be checking for sure.

 

[Madmox]

Just be sure of the rules on State Vs. Federal Land where you live. The ability to relic hunt on federal land will ultimately be governed by The Antiquities Act. In a national park you definitely cannot take anything over 50 years old, as the law is written, including trash. Ridiculous..yes.

 

[gold chick]

Just be sure of the rules on State Vs. Federal Land where you live. The ability to relic hunt on federal land will ultimately be governed by The Antiquities Act. In a national park you definitely cannot take anything over 50 years old, as the law is written, including trash. Ridiculous..yes.

Yep, they are super crazy about the National Parks. I lived in West Yellowstone for 3 years, and you can't take a rock or pick a flower. What about national forest? I suppose that is federal? I guess I don't really understand the different types of public lands. Probably something I should research a bit before heading out.

 

[alaskaseeker]

Old remote claims might be hunted, look for corner posts with owners info, you might get permission to hunt for relics etc, ive gotten permission before because these owners realize you are not going to find that much if anything, that is realistic, most want to see what you've found etc, Good luck and dont be afraid to ask.....