Detecting tailings on public land

[Southernhunter]

I have recently relocated to Nevada in the vicinity of Carson City and am often out trekking around in the hills and come upon old mine sites that I'm interested in MDing the tailings of but I don't care to get shot at.
Go figure

Does anyone know what the protocol is for this activity?

Also can I MD on public land generally if I don't have the mineral rights?

Any info, opinions or references would be appreciated.

 

[Ant]

You can legally metal detecting on a public mining claim as long as you leave the precious metals alone. You can keep meteorites and coins under 100 years old. If you see activity in the area you might what to let them know what you are doing. Always be armed, and never go by yourself if you can help it.

Public Mining Claims must be filed at the County Records office, and if on BLM land they must be filed with them too. These Laws fall under the 1876 Mining Law and the 1904 Antiquities Act, that’s a start.

Normally old mine tailing are not a problum. People who hold public mining claims only have rights to precious metals and at times high grade gravel, gypsum, lime, clay and the likes. They can not legally post no trespassing sings. But you can't interfere with their mining operation.

 

[bakergeol]

The best way is to go down to the BLM and check out the area you are interested in. All current (and some abandoned) claims are listed. Perhaps get a topo map and find the exact locations. You have to sit there and go thru the microfish film on a film reader armed with the exact location to find out if the location is under claim.

Microfish copies are available for a price from the BLM(at least in Denver). I found going thru the film at the BLM office too boring and just bought old microfish copies of all unpatented mining claims- They are cheaper than the current up to date ones. I then bought a used microfish reader($70) and did my research at home in my own time.

If the locations are on public land and are open to mining and unclaimed you can prospect there.
Expect a lot of recent claims when the price of gold went up.

Actually I recommend you join a gold prospecting club in Nevada which have their own claims. There is also the GPAA which has gold claims available and the price is what $75( I have forgotten and I am a member) a year. This way you can gain experience and not be worried about being on someone else's claims.

George

 

[Ant]

The only way to tell if a public mining claim is valid is check the records at the County Records office in which the mine is located. People who own public mining claims must pay an annual fee or complete assessment work in that value and they must file an affidavit at the County Records office stating so. That must be done on an annual basis or the mining claim becomes null and void.

You can also try looking at the BLM records on-line, the program is called LR2000. I don’t waste my time at the BLM office anymore. It’s a waste of time because they are going to tell you to check the County Recorder anyway. The records at the BLM office only tell you a claim has or had been filed, but the County Records office is the way to tell if the claim is up to date and valid.

 

[Southernhunter]

Excellent advice! Thank you
Actually, I did talk to the BLM & they told me to talk to the county recorders who asked me why didn't I talk to BLM? Our tax dollars hard at work perfecting the runaround....

The LR2000 suggestion is great Ant, I just found out the status of the land I was looking at.

Thanks to both of you!

 

[Hemisteve]

One thing to realize is that the LR2000 can be 6 months to a year behind on the current status of a claim.

Also, according to the mining laws a claim is valid only if:
1. The claim corners are clearly marked with either a 3' high rock cairn or wood/pipe posts.
2. The N.E.? corner has the current claim of deed onsite (Typically inside a piece of pvc or water resistant container).

If the above conditions are not evident, then the area is not considered a valid claim and can be over claimed or prospected.
There is alot of land that has been removed from mineral claim entry but is still prospectable for placer or surface finds.

Just a little FYI
Steve

 

[Southernhunter]

Hi Steve,
I wondered what all those white pvc pipes around and about were for! I'm getting an education here too

Thanks

 

[Hemisteve]

Those white PVC corners are everywhere in Nevada. Mostly by the large mining companys protecting their future claims for minerals. As more land is removed from mineral entry, the older claims are still being registered to keep from being denied in the future. The funny thing is, is that the BLM and the USFS have been saying for many years that the use of 4" perforated pipe for marking corners is not an acceptable material for such use. It has more to do with enviromental concerns than legality.
So to reiterate, just because there are claim markers in an area you are looking at, does'nt mean that there is an active claim there. Thr LR2000 is way behind and only by diligent research can you be assured that the area is open.
There are areas out in Nevada on BLM land that are claimed. The claim owners put up No Trespassing signs to keep people out, but all public land is always available to everyone. They do that to keep out the occasional sightseer. A mining claim is for the minerals in that area only! It is not private land and the general public can explore that land at any time. Now a patented mining claim is a different story. That is deeded land which is private property.

What it boils down to is this. If someone has a claim and they are serious about working it, there will be evidence of recent work. With the price of gold recently, any who is an active miner will be working their claims vigorously.

Steve