QUOTE (GNR @ Apr 5 2013, 09:34 PM)
so let me double check something with you here before I go off the deep end, at first you say non motorized, and then you say motorized
That is not what I stated but I can see how it could be easy to misunderstand.
Allow me to clarify.....
I indicated "non-
mechanized" and also mentioned that "
motorized" equipment is okay. There is a distinct and legal difference between the terms "mechanized" and "motorized" as the law is written. It is important that you know this if you are interested in "legalities" as your thread title suggests.
Amorton is correct... "mechanized" legally refers to backhoes, excavators, and things of that nature. "Motorized" refers to your hand-carried equipment.
As far as "open to mineral entry" (legal term)... that does
NOT automatically mean that you can legally prospect there. It means (legally) that the land has not been removed or withdrawn from mineral entry. Claims can and
may already be filed on land that is "open to mineral entry". The legal term "entry" (used in the context of mineral entry) pertains to "entry of filing"... not the "entry" of your boots on the ground with equipment in hand. The LR2000 is a good
starting point for land status research but
you still need to visit the County Clerk/Recorder to obtain critical information such as accurate claim boundaries mapping (found
only in the County and BLM physical public records) and whether or not anyone has filed for a Certificate Of Location within the last 90 days (which LR2000 does not reflect). Just because a chunk of land is "open to mineral entry" (National Forest or other) does not mean that you can legally walk up and remove mineral resources. Not even close. For your purposes, it means that the area may be worthy of further research and
might be available for you to explore for mineral resources or stake a mineral claim...
IF there are not other active claims or pending Certs Of Location filed there. I strongly recommend that you do more research (we are glad to help with this) and I sincerely hope you weren't mineral trespassing. Deep doo-doo if you are caught doing that and ignorance to the law is never a good excuse (pay fines, court costs, estimated mineral loss, estimated damage reclamation, etc if you are busted).
I don't mean to discourage or scare ya but....
If you are walking around on National Forest lands (or other) with prospecting equipment in your possession it is legally presumed by land management personnel (NFS or other), claim owners, and law enforcement (County Sheriff's Dept) that you already know all of the legalities/illegalities of your actions. It's been that way since the 1800s, still actively enforced, and costly to violators whether they are aware or not. Mining laws are Federal and most violations are classified as a Class C Felony.
Mining claims are seldom well-marked. The only markers that are required by Federal law are: Discovery Marker (one) and Boundary Markers (typically four). No further markers or signage is required and
maintenance of the Boundary Markers and Discovery Marker by the claim owner(s) is
not required by Federal law. It is the legal responsibility of any prospector to research land status PRIOR to exploring and NOT to rely on a claim owner's markers or signage. Part of the reasoning behind this has to do with potential perpetrators attempting to capitalize on damaged, vandalized, illegally removed, or unseen (overgrown) claim markers, etc and stating that "there were no markers when I got here", or "I didn't see any markers or signs" or
anything to that effect... it protects the claim owners from that type of bs and places the burdens of research and compliance solely and legally upon the perpetrator.
Again.... land status research is paramount to your success and insurance of legality of 'where you are' in the field if your plan is to explore National Forest or other public lands that are open to mineral entry.
It is the cornerstone.
You're on the right track by inquiring about legalities. All Commercial/Professional and Small Scale Miners appreciate that... keep asking questions and we can help you to better understand the legal aspects.