Mojave National Preserve Mining Claims

Rail Dawg · May 30, 2020

Spent some prospecting time in the Mojave National Preserve last week.

On mylandmatters.org (who I wholeheartedly support and recommend donating to) there are active mining claims within this Preserve.

Please school me on how mining claims can be in this protected area. I'm glad to see them there but thought all mining was disallowed in such an area.

Thanks!

Chuck

Goldwasher · May 30, 2020

Rail Dawg said:
Spent some prospecting time in the Mojave National Preserve last week.

On mylandmatters.org (who I wholeheartedly support and recommend donating to) there are active mining claims within this Preserve.

Please school me on how mining claims can be in this protected area. I'm glad to see them there but thought all mining was disallowed in such an area.

Thanks!

Chuck

They were there before the withdrawl and passed validity? :dontknow:

Rail Dawg · May 30, 2020

Goldwasher said:
They were there before the withdrawl and passed validity?

I was thinking the grandfathered thing too...

Am curious if the only way to obtain a claim there is to buy one from a current owner? If an owner lets a claim lapse can that claim be relocated?

Clay Diggins · May 30, 2020

Simple answer Dawg. The preserve was created in 1994. Check the location dates on Land Matters and you will see those claims were located before 1994. All the mining claims were there before the preserve was established by Congress.

Valid mining claims are grandfathered in when there is a withdrawal. There are mining claims in National Parks, National Monuments and Wilderness because a valid mining claim has rights that precede the withdrawal creation.

Another good reason to perfect your claim as soon as possible. You never know when those Congresscritters will bring down the hammer in your mining area.

Heavy Pans

Clay Diggins · May 30, 2020

Rail Dawg said:
I was thinking the grandfathered thing too...

Am curious if the only way to obtain a claim there is to buy one from a current owner? If an owner lets a claim lapse can that claim be relocated?

If you can make a deal you can own one of these claims. It's the claim that is grandfathered - not the owner of the claim.

A lapsed claim can not be relocated in a withdrawn area. A relocation is a new claim and no new claims are allowed after the withdrawal notice.

Heavy Pans

galenrog · May 30, 2020

The entire Mojave National Preserve was withdrawn from mineral exploration and mineral claim. Only claims that existed prior to that action, and have been maintained, are valid. Any claim that has lapsed for any reason becomes invalid and no longer available for mineral claim. While there are a variety of minor exceptions to this, a dedicated attorney would likely be needed to wade through the mountain of rules and regulations that are all but guaranteed to make the task impossible.