| Finding the Mother Lode! Striking It Rich! As | | | | In the United States Supreme Court case of Wilbur v. |
| prospectors, we all have dreams of finding a bonanza | | | | U.S. (ex rel. Krushnic, 280 US 306) (1930). The |
| while we enjoy the adventure of the hunt. The entire | | | | Supreme Court ruled; "When the location of a mining |
| family can share in the fun of prospecting and finding | | | | claim is perfected under the law, it has the effect of a |
| the elusive mineral. | | | | grant by the United States of the right of present and |
| While there are numerous clubs and tourist attractions | | | | exclusive possession. The claim is property in the |
| that offer the recreational prospector an opportunity to | | | | fullest sense of the term; and may be sold, transferred, |
| look for gold on their properties, if you have a serious | | | | mortgaged, and inherited without infringing any right or |
| case of "gold fever" you will want to purchase or | | | | title of the United States." |
| locate your own claim. | | | | The right of the owner is taxable by the state; and is |
| Some people mistakenly believe that they can access | | | | "real property". (State laws vary and it is prudent to be |
| any public land area and start prospecting just | | | | familiar with the laws of the state in which a claim is |
| because it's listed as public land. Think twice, because if | | | | located.) The claimant/owner is not required to |
| you start mining on someone else's claim, it's claim | | | | purchase the claim or secure patent from the United |
| jumping. Avoid legal complications, stiff fines and a lot | | | | States. If a claimant complies with the provisions of the |
| of grief by always verifying claim ownership first. | | | | mining laws, his/her possessor's rights, for all practical |
| Owning ones own claims saves a lot of complications. | | | | purposes of ownership, are as secure as those |
| The 1872 Law allows prospectors to buy or stake a | | | | granted by a patent. In essence, you own the mineral |
| claim; an opportunity to create a "real property" asset | | | | rights and may use as much of the surface as |
| that you can use yourself to mine gold or lease it to | | | | reasonably necessary for mining your property. |
| someone else to work the claim for you. | | | | If you are the owner of a claim you may chose to |
| The Mining Law of 1872 directs the federal | | | | mine or not. If you elect to actively prospect, explore, |
| government's land management policy. The law grants | | | | develop and produce the property the United States |
| free access to individuals to prospect for minerals in | | | | Bureau of Land Management (BLM) must be notified |
| public domain lands, and allows them, upon making a | | | | and proper paperwork processed. If you are on |
| discovery, to stake a claim on that deposit. One must | | | | federal or state managed lands, be sure to obtain all |
| be a United States citizen to file a claim. | | | | necessary permits prior to commencing operations. If |
| The 1872 Mining Law provides that "The locators of all | | | | you plan to actively mine or not, maintaining ownership |
| mining locations made on any mineral vein, lode, or | | | | of your mining claim also requires the filings of the |
| ledge, situated on the public domain, their heirs and | | | | applicable documents and payment of fees annually |
| assigns, where no adverse claim existed on the 10th | | | | with the BLM. |
| day of May 1872, so long as they comply with the | | | | Ownership of a mining claim comes with some |
| laws of the United States, and with State, territorial and | | | | restrictions. All structures, fences, signs, roads and any |
| local regulations not in conflict with the laws of the | | | | man-made changes on the mining claim, must be |
| United States governing their possessory title, shall | | | | reasonably incident to mining and included in a Notice or |
| have the exclusive right of possession and enjoyment | | | | Plan on file with the BLM. If you wish to park an RV, |
| of all the surface included within the lines of their | | | | trailer or set up camp on the claim and stay longer |
| locations." | | | | than 14 days, this request must be included in your plan |
| Mining claims are in either of two classifications, | | | | of operations. If you are actively working the claim |
| patented or unpatented. Under the 1872 Mining Law an | | | | there are no restrictions; however, if your usage is |
| unpatented claim gives the claimant a property right | | | | strictly recreational, the 14 day rule may be enforced. If |
| interest to the minerals in/on the claim and the right to | | | | one chooses to actively mine his/her claim, the |
| utilize as much of the surface and its resources as is | | | | claimant is allowed to live on the property and may |
| needed to extract the minerals. | | | | build temporary (and in some cases...permanent) |
| The Mining Law of 1872 also establishes a process by | | | | structures if application is made with and approved by |
| which the claimant may bring a claim to patent. When | | | | the BLM. |
| a claim is patented, actual ownership of the minerals | | | | The primary purpose of a mining claim is to mine; |
| and the surface resources pass from the United | | | | however, a claim may be used for off-time |
| States Government to the claimant. The 1872 Law | | | | recreational purposes. You may hunt or fish on the |
| states that once a claimed mineral deposit has been | | | | claim; however, be sure to have a state license or |
| determined to be economically recoverable and a | | | | permit. A mining claim can also be an excellent base |
| specified amount of work has been preformed, the | | | | camp for ATV, horseback or snowmobile explorations. |
| claimant may then file a patent application to both the | | | | The BLM requires an annual maintenance fee to |
| mineral and the surface rights. | | | | satisfy assessment requirements. Actual labor can be |
| In 1995 Congress enacted a moratorium on the | | | | performed as well to meet the assessment |
| issuance of patents. At the present time new patent | | | | requirements. There also exists a small miners waiver |
| applications are not being processed, however | | | | which applies to claimants owning less than 10 mining |
| grand-fathered applications will be processed. | | | | claims. Once approved the Small Miners Exemption |
| Legislature to rescind the moratorium is presently in | | | | must be filed annually. |
| congress awaiting a vote and many are hopeful that | | | | Wishing you success in your quest and may your pan |
| the patent application process will once again be an | | | | always glitter with gold. |
| option. | | | | |