Small Scale Mining, truth vs myth Options

[CP]

This thread will help dispell many of the myths that one finds floating around when surfing the internet and or talking with officials as prospectors in the field concerning the small scale miner. Over the years these are some we've encountered and felt needed dispelled or answered.
More will be added as we run across them or you can add your's that you found and know is just not accurate information.

To learn more about anything you read in this post or to look up other laws and regulations you wish to find, just click on over to the Colorado Prospector Forum's section
Prospecting and Mining Laws, Regulations etc.
We've quoted many many of these for your convenience as well as easy links to follow when more are needed to be found as refered from quotes directly from the laws themselves.

So here we go, hopefully this information helps out with many questions to the new and old prospetors alike.

CP


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Does the Forest Service or Bureau of Land Management own the FS/BLM lands or locatable minerals?

No, the United States citizens own the public lands and the FS and BLM over see their use/regulation via the USC (United States Code) laws and CFR's (Code of Federal Regulations).

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Are rockhounding and prospecting related?

Yes, rockhounding is prospecting which is part of the basic first steps of mining. Rockhounding/prospecting for samples of any minerals in the field, require that you as the prospector know you are in fact on open land or have permission from the claim owner, should you be on a mining claim.

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Can you access a mine site that looks abandoned without any recent activity?

No, you can not access any mine site just because it appears to be abandoned, you must first find out if the claim is still active, patented etc prior to accessing the site and get permission if needed when still owned.

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Can you collect minerals off the surface while hiking across location claims or patented claims?

No, you may not collect minerals while traversing across any claims as they are private propertay and this would be classified as mineral tresspass and theft.

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Are road right of ways open to prospect?

No, generally road right of ways are not open to prospect as the claim owner would still own those minerals as well. Road easements do not over ride mineral ownership rights.

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If the claim isn't marked or fenced off, can I go prospecting there?

No, as a field prospector it is your responsibilty to know whether or not you are on a claim and to respect that claim owners claim in the field, just as you would expect other prospectors do as a claim owner yourself at your claim.
Federal law dictates markers (corners and discovery/location cert.) must be marked on a claim, but there is no requirement to let the genreal public know via fences or signage.

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Can states or local government entities over ride or supercede federal law's pertaining to mining on FS or BLM lands?

No, they definately can not! In fact the law states that although states laws may be more restrictive in some cases than federal law, but when mining is concerned, they must follow all of the guidelines found in 43CFR3809.

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Can I make money every day I prospect vs the gas money I spend etc?

No, realistically starting out as a new prospector, you will more than likely not make your gas money back out trying to learn. But with time, diligent work, thorough research and proper field techniques you could in fact make a profit mining. Millions of americans make their entire living from mining, and thank goodness for every one of them too!

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Who regulates mining claims on FS lands?

The BLM regulates all mining activities on public lands, the FS is "delegated the authority" to regulate surface use and occupancy only on FS lands. When mining is concerned, the FS must follow mining laws and confer with BLM on all decisions for mining claims and operations.

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Do I need a permit to prospect or collect minerals if there are no claims on this site? (NF or BLM)

No, as a citizen you have the right and you do not need any permit to prospect and collect your own mineral samples, and also to further those discoveries and develop them within the public lands.

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Are state forests the same as national forests?

No, definately not. State forests are run by the state itself and are not part of the federal public national forest lands. Laws and regulations for national forest lands do not apply to state forests.

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Are mining claims and laws the same from one state to the next on FS or BLM lands?

Yes they are. There are several laws to insure that not only are they consistently applied nationwide and the federal mineral policy accounted for, but that if they are varied, they still must comply with the mining laws and the citizens rights to prospect and mine.

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Can government officials at any level give me actual legal advise with claims, paperwork, or laws pertaining to them? (BLM, FS, state or county)

No, in fact the law states they are forbidden from giving any type of legal advise. Do not believe it just because you "heard" it, find out for sure what the truth is for yourself.

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Do I need to refill or reclaim my test digs as a small scale miner in the field prospecting on open land?

Yes, absolutely, you need to refill any test holes you have dug for sampling unless you will be back in less than 24 hours to do further testing in the same hole. This does not apply to mining claim owners when working their claims, those guidelines are much different than that of the prospector on ground without claims.


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If a mine operation site has been reclaimed, can I go prospecting there?

No, reclamation is supposed to be done by miners as a final step to completion of their operations. These reclamations often are costly and are always designed to look natural. Digging a reclaimed site is not only destroying the mines actual work, but is also tresspassing private property, unless you've gotten permission first of course.

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When I asked the Forest Service office where I could prospect, they said "If there's not a fence or sign, you should be ok."......can I trust that and go ahead out in the field to prospect?

No, absolutely not. Although that person at the counter may have been very helpful in the office, their word of mouth is not accurate information for you to use in the field prospecting.

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All the ground worth claiming has been claimed previously. True of false?

False, there are millions of acres unclaimed and with new technology breakthroughs, more and more minerals will be used for things like ecologically friendly cars (REE's & PGM's). Also, all 50 states still mine something today and we all use 1000's of mined products everyday.

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Do I need to ask permission from the FS or BLM to go out prospecting and collecting samples?

No, it is our right as citizens to do so as stated by law. You only need to comply with further laws/regulations during operations which will "create a significant surface resource disturbance".

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Do I need to file a claim first to use a sluice, pan or use any hand carried prospecting equipment?

No, absolutely not. Hand carried prospecting equipment does not require any special authorization nor will you create any significant disturbance using hand carried prospecting equipment.

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Are there taxes or fees that claim owners pay for claims every year?

Yes, although different for patented or location in the fact that taxes are paid on patented/deeded land, where as location claims pay a yearly fee to maintain the files. Some counties will impose what they call a tax per year on location claims but legally these are more acurately fees and not tax, as there has been no "mineral survey" to determine value for county property tax purposes.
For location claims yearly fees, small scale miners (owning 10 claims or less), have the option of filing a waiver stating there yearly value of fees expended during their years work. Claim owners with more than 10 claims do not have the small scale waiver options and must pay the fees.

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Can I prospect in a wilderness area or road less area?

Yes you certainly can as long as there is no claim exsisting there. The federal law states that roadless or wilderness areas do not prohibit prospecting.

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I've found a closed claim on LR2000 or Geocom or etc......can I file a claim there now even though I've not been to the site or prospected on it?

No, at this point you can not file a valid claim. You must first make your "discovery" to even "stake" your claim, both of which are steps in which you have visited and prospected the site. Filing without those steps is actually filing an invalid claim by two violations of the 1872 mining law's intent. Real prospectors/miners call this "paper filing" and it's very much frowned upon.
If you are considering buying a claim, make sure someone hasn't just paper filed as described. Use caution and verify the claim is in fact valid, this is a common scam.
Mining law states the 1 and only reason you can file and hold claims is for mining. Filing on paper to resell has nothing to do with any part of actual mining.

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Can location claims be closed off to the public with fences and or gates?

Yes they sure can and often are while under working plans of operations as a precautionary saftey measure to the general public. They will also not always be on the claims perimeters but only surrounding the actual workings at that time, it's still your responsibilty in the field to know where the actual boundries are and respect them.

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If I find an old drift (tunnel) and or tailings pile can I prospect/collect samples from there as long as it appears no ones been there in years?

No, legally the drift, all minerals within, and the tailings are still very much the claim owners property as well as a very dangerous place to be within the drift tunnel. STAY OUT, STAY ALIVE!!
Contrary to popular belief, you still need the claim owners permission to access or prospect these tailings.
If there is no exsisting valid claim then you can prospect there.

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[Persistence]

So I just Googled "prospecting wilderness area" and the first hit was for Tonto National Forest. This claims that panning, sluicing and metal detecting is the same as mining and not permitted in the wilderness area without a Plan of Operations.

http://www.fs.fed.us/r3/tonto/wilderness/other_Activ.shtml

PDF link of same http://www.fs.fed.us/r3/tonto/recreation/r...PROSPECTING.pdf

I stumbled across something similar for some place in Oregon a month ago, didn't save it and couldn't find it later. I saved the PDF file of this one in case it also disappears.

PROSPECTING, MINING, AND SEARCHING FOR TREASURE IN WILDERNESS AREAS ON THE TONTO NATIONAL FOREST

This brief outline discusses mining-related activities within wilderness areas. Additional information may be obtained at Bureau of Land Management or Forest Service offices.

PROSPECTING: Prospecting is the gathering of information on minerals resources. Prospecting is allowed within a designed Wilderness Area, but an approved Plan of Operations is required. No person can acquire any right or interest to mineral resources discovered by prospecting or other information-gathering activity. Extraction of minerals (expect a small grade sample) is a type of mining, and must comply with all related laws and regulations. (See “Mining” below). If the search is for precious worked metal or other treasure, see “Treasure Trove Hunting” below.

MINING: Mining is any activity that attempts to extract minerals (which are valuable and locatable) from their natural setting. No mining of any type (whether for recreation and/or for profit) is allowed except with an approved Notice of Intent and/or Plan of Operations for activity on a legal claim with valid existing rights. New mining claims can no longer be filed on designated Wilderness Areas. The Wilderness Act of 1964 allowed mining claims to be filled until January 12, 1984, at which time all wilderness areas were closed to new mineral entry. Subsequently, designated wilderness areas were closed to minerals entry when the new law was enacted.

GOLD PANNING: This category includes panning, sluicing, or dredging wet or dry material. If any mineral is extracted by this activity (for recreation and/or profit) it is a type of mining: see “Mining” above. If minerals were not extracted, this activity would be a type of prospecting (See “Prospecting” above).

METAL DETECTING: If a metal detector is used to search for and/or extract locatable minerals, the activity is considered either a form of prospecting or mining (See “Prospecting” and “Mining” above.) If the search is for money (except recent vintage coins) or precious worked-metal(See “Treasure Trove Hunting” below.) If the search is for recent vintage coins, no permit is needed so long as there is no significant soil disturbance.

Q: Where can you metal detect on the Tonto National Forest?
A: The Tonto National Forest is not closed to metal detecting but neither are specific areas set aside for such activities. The detector’s search should be a recreational pursuit confined to areas with no historic or prehistoric value. Specific areas might include the numerous developed recreational sites along the Chain of Lakes on Verde and Salt Rivers. It is the responsibility of the detectors to avoid disturbing, altering, or removing archaeological resources protected by federal law. The Forest Service does not mark or disclose the location of archaeological or historic sites unless they are developed and interpreted for public visitation. If you’re unsure of what is or isn’t an archaeological site or resource, you should contact the Forest Archaeologist at 602-225-5231.

TREASURE TROVE HUNTING: A treasure trove is defined as money, gems, or precious worked-metal (in the form of coins, plate, bullion, etc.) of unknown ownership. Not included are recent vintage coins, located minerals, or archeological resources and specimens. A Treasure Trove Permit must authorize searching for such treasures. Applications for Treasure Trove Permits are evaluated on a case-by-case basis; approval requires that evidence of treasure is of such a character that a person of ordinary prudence would be justified in the expenditure of labor and funds, with a reasonable possibility of success. Permits are issued for a specific number of days and the site is subject to inspection.

If you are interested in doing any of these activities in a designated Wilderness, you should first discuss your intentions with a local Forest Service officer. Remember that only a small part of each national forest is classified as Wilderness; many opportunities exist outside these special areas where the types of activities described above can be carried out in compliance with the laws and regulations which pertain to those non-Wilderness areas.

6/6/08 G-00-06