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Prospecting, Government definitions
CP
post Jan 3 2007, 12:01 PM
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For those of you wondering exactly what "prospecting" would be defined as..............

Here is Colorado state gov's definition.

QUOTE
34-32-117 (2).
(12) "Prospecting" means the act of searching for or investigating a mineral deposit.
"Prospecting" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes and digging pits or cuts and other works for the purpose of extracting samples prior
to commencement of development or extraction operations, and the building of roads, access
ways, and other facilities related to such work. The term does not include those activities
which cause no or very little surface disturbance, such as airborne surveys and photographs,
use of instruments or devices which are hand carried or otherwise transported over the
surface to make magnetic, radioactive, or other tests and measurements, boundary or claim
surveying, location work, or other work which causes no greater land disturbance than is
caused by ordinary lawful use of the land by persons not prospecting. The term also does
not include any single activity which results in the disturbance of a single block of land
totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances will not
exceed five acres statewide in any prospecting operation extending over twenty-four
consecutive months.


CP

This post has been edited by ColoradoProspector: Jan 4 2007, 04:41 PM


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bottledigger
post Feb 21 2010, 10:56 AM
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Great info, thumbsupsmileyanim.gif Thanks to ColoradoProspector.com. emoticon-object-018.gif
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CP
post Feb 23 2010, 02:23 PM
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QUOTE (bottledigger @ Feb 21 2010, 10:56 AM) *
Great info, thumbsupsmileyanim.gif Thanks to ColoradoProspector.com. emoticon-object-018.gif


Thank you bottledigger, we try very hard to keep valid information for folks to reference to when needed. Glad you find the information useful and hopefully many more do too. biggrin.gif Nothing beats having knowledge in the field to help get the job done! happy088.gif

The above post is ok and we'll leave it in this thread. Thanks for posting that up.
I'd like to point out to everyone reading this, even though the author had good intentions and is quite correct about detecting under the mining laws.......as a bona fide prospector in the field. But....... many of todays legal problems or issues stem from the combining of the words prospecting with recreational.
Although one can be a recreationalist prospecting for gold say, but a recreationalist outside of a reacreational area proclaiming to be a "prospector" while on "vacation" or "camping" under the mining law just doesn't cut the mustard in the field. sadno.gif
Matter of fact that is exactly what the government is trying to deliniate and regulate in most situations...... the recreationalists.

Where as, a bona fide prospector in the field has a much different vocabulary, knowledge, and actions used in the field. IE, they are not "vacationing" or "recreating", but are in fact "prospecting" (an actual step of filing claims and mining), as a bona fide prospector in his actions and acceptence of his own responibility in the field.

Recreationalists often do not have, nor care to learn, the laws and behaviors of a bona fide prospector......Thus we have many of today's "problem issues" and quite frankly if the prospector doesn't wish to learn or accept the responibility as they should be, then they are really better off in an actual recreational area with extra guidance/regulations.

This FS website page mentioned above shows exactly what I'm describing (officials attempt to regulate recreationalists). If you look it's not the National Forest Service's main webpage, it's the Uinta forest page. BLM websites are set up much the same in there is a national page, then states or regions that all have their own pages as well. Colorado's BLM Royal Gorge page has many regulations for the "Arkansas headwater recreational area" for example. Those regulations applied to the "Arkansas headwater recreational area" do not apply generally across the board for any other BLM lands, those national laws are already present for the bona fide prospector in the field.

I don't personally know details on the Uinta forest area but many of these webpages (like Colorado BLM RG field office), are geared towards these very high impact use areas and they are regulating multiple "recreational uses" for those high impact areas. I've also found that many of these are withdrawn from mineral entry too, so you can still prospect there but not file new claims. Not to say there are not claims within those areas because there very often are.

Well hope I've not rambled on too much but I wanted to show the point between actual laws and extra regulation due to recreational high use areas.

CP


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