Mill Sites

[Rail Dawg]

We have a few claimed Mill Sites here in Northern Nevada. We are actually processing!

Question: What does a Mill Site give you in regards to "trespassers" on BLM land? If we have an operation going on what rights do we have to protect the buildings and tools?

Thanks!

Chuck

 

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[islamoradamark]

The way things are going not much

 

[Clay Diggins]

You have a duty to protect the public from the dangers inherit in your operation. Signage and even control fencing are permitted and sometimes required to keep the public out of danger. The public are not trespassing if they haven't been put on notice.

You have a right to protect your mining property. You can file an NOI for occupation so you can keep a caretaker/guard on your millsite. This is common procedure on active millsites so you shouldn't have much problem with your notice. A millsite with occupation will also allow you a place to store your mining equipment off the claim when you aren't working.

Even though it's a common practice it's not legal to leave your mining equipment unattended on the public lands without a notice. Depending on the management agency the equipment can be declared abandoned property, seized and sold, and a bill issued to cover the cost of "clean up". Time limits and enforcement vary considerable from agency to agency as well as by local policy. Nevada is better than most but if you get an agent with a wild hair they can probably find a rule or regulation to kinda sorta justify messing with you.

If someone intentionally damages or steals your mining equipment you have a right to make a criminal complaint and pursue recovery or compensation with the police and the courts. In your mining areas that can be difficult due to distance and minimal policing but it's the right way to proceed whether you are successful or not.

Heavy Pans

 

[Goodyguy]

We have a few claimed Mill Sites here in Northern Nevada. We are actually processing!

Question: What does a Mill Site give you in regards to "trespassers" on BLM land? If we have an operation going on what rights do we have to protect the buildings and tools?

Thanks!

Chuck

Were these abandoned mill sites that you have claimed?
Have you filed mineral claims for the mill sites you say you are processing?

Personally I have visited many old mine/mill sites that are under present day mineral claims located on BLM land and I am only visiting and not prospecting, plus I'm always careful to not disturb anything from it's resting place. As far as I know it is not considered trespassing.

I also look into any old unlocked buildings just out of curiosity.

If I were to come across someone "mining" on one of my claims I would hold them at gunpoint until the law arrived. First would try to get a photo of them in action if possible and a photo of their license plate. That way if no cell signal to call 911 you would have proof for later prosecution.

 

[Clay Diggins]

Were these abandoned mill sites that you have claimed?
Have you filed mineral claims for the mill sites you say you are processing?

There is no requirement that a millsite be associated with a mining claim.

There was a brief period during the reign of Bruce Babbitt where the BLM tried to limit millsites but that ended with the inspector general's opinion in 2003. You can read the PDF here.

Heavy Pans

 

[Goodyguy]

There is no requirement that a millsite be associated with a mining claim.

There was a brief period during the reign of Bruce Babbitt where the BLM tried to limit millsites but that ended with the inspector general's opinion in 2003. You can read the PDF here.

Heavy Pans

So how does claiming a mill site differ from just making a regular mineral claim?
Are the costs the same? And do you need to have a mineral discovery?

 

[Clay Diggins]

So how does claiming a mill site differ from just making a regular mineral claim?
Are the costs the same? And do you need to have a mineral discovery?

Mill sites are by definition located on non-mineral lands. They can be associated with mining claims or located for the sole purpose of providing mineral services (milling, processing, beneficiation etc.) to non associated mines. Millsites and Tunnel Sites are both a form of mining claim but they don't require a discovery and they don't have any direct mineral rights. The costs are basically the same as lode, placer and tunnel sites but millsites are limited to five acres each. No labor or discovery is required and the annual public record consists of a simple "intent to hold".

Mines need places to store and process the minerals they extract. The right to claim millsites was granted along with the right to claim mineral discoveries. It's a practical matter that has a tradition in mining that extends back thousands of years.

You will find the millsite grant in the 1872 Mining Act:

SEC. 15. That where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable under this act to veins or lodes: Provided, That no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as had by this act for the superficies of the lode. The owner of a quartz-mill or reduction-works, not owning a mine in connection therewith, may also receive a patent for his mill-site, as provided in this section.

Heavy Pans

 

[Rail Dawg]

Clay thanks!! And yes we are on lands claimed by us. Mill sites, lodes and placer.

Everything above board as it should be.

Was curious about blocking public from generator and well site. Looks like we can.

Chuck

 

[Goodyguy]

Thank you Clay for your response.

I suppose I was wondering about claiming a mill site just to process mineral tailings that were abandoned around the mill.

 

[Clay Diggins]

Thank you Clay for your response.

I suppose I was wondering about claiming a mill site just to process mineral tailings that were abandoned around the mill.

That would be a mineral placer claim Goodyguy. Abandoned mine waste is properly located as a placer no matter what the source of the waste rock. You can't locate a millsite for it's mineral value. In many states waste rock has to be abandoned for a period of time before it can be reclaimed as a placer. I seem to recall Nevada requires 10 years but don't quote me on that.

Terminology can be confusing. Mine tailings are the "gangue and other refuse material resulting from the washing, concentration, or treatment of ground ore". Tailings contain no minerals of economic value by definition.

I believe you may be thinking of unprocessed "waste rock". "Barren or submarginal rock or ore that has been mined, but is not of sufficient value to warrant treatment and is therefore removed ahead of the milling processes." Waste rock is often the target for processing lower grades of ore with better technology than was available at the time it was mined.

Heavy Pans