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Field CollectingMining Claims - Public Lands in Western USA
15th Jan 2021 21:21 UTCTaylor Vergin
15th Jan 2021 23:36 UTCIan Nicastro
16th Jan 2021 00:19 UTCTaylor Vergin
16th Jan 2021 02:13 UTCIan Nicastro
16th Jan 2021 03:26 UTCGabe Cangelosi Expert
19th Jan 2021 18:54 UTCElizabeth Sue Keenan
29th Jan 2021 05:30 UTCOwen Tolley
15th Feb 2021 02:45 UTCRobert (Bob) Werner
15th Feb 2021 14:25 UTCTony L. Potucek Expert
15th Feb 2021 16:36 UTCTaylor Vergin
15th Feb 2021 18:35 UTCDan Polhemus
15th Feb 2021 19:15 UTCTaylor Vergin
15th Feb 2021 19:34 UTCDan Polhemus
15th Feb 2021 19:59 UTCTaylor Vergin
15th Feb 2021 21:31 UTCGabe Cangelosi Expert
15th Feb 2021 23:12 UTCTaylor Vergin
16th Feb 2021 04:16 UTCDan Polhemus
Mining claims that are not recorded with the BLM do not convey any rights to federal minerals. Federal unpatented mining claims may be either active or closed on BLM records. A closed mining claim gives the previous owner no rights.
A claimant is required to show a reasonable prospect of making a profit from the sale of minerals from a claim or a group of contiguous claims.
Abandoned structures and equipment are not part of a new Federal unpatented mining claim. Once left on an abandoned mining claim, structures and equipment become federal property, and a mining claim does not confer any private property rights to these items [My note - most of these would be protected from disturbance or removal under Section 106 of the National Historic Preservation Act].
A mining claim absolutely does not give the owner any rights to exclude public land users from the land. The public has the conditional right to cross mining claims or sites for recreational and other purposes and to access federal lands beyond the claim boundaries. The public may not interfere with exploration or mining activities.
Since October 1, 1994, the BLM has been prohibited by Acts of Congress from accepting any new mineral patent applications. The moratorium has been renewed annually through the various Interior Appropriations Acts. It is unknown how long this moratorium will continue."
Notice in particular that you are allowed to walk all over an unpatented claim as long as you are not disrupting any mineral extraction operations. If the claim is unoccupied and not in production, you may go in there to photograph old structures, and such. It is not permissible for the claim owner to put up fences and signs to keep you out, because they do not own the land.
19th Feb 2021 04:41 UTCRobert (Bob) Werner
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