Mine claims on Natioanl forest and or BLM land

[mrcowboy]

I've been scouting my deer unit over the last three months and recently have noticed parcels of land that now have new mine claims that weren't there last time I visited. My understanding is that the claim gives the person the right to mine while a mining patent gives the owner outright ownership of the mineral rich land. My question is if I walk this draw where the claims is now....am I trespassing? My GPS, loaded with hunting maps showing private versus public, clearly shows that it is national forest land. i just don't want any unwanted confrontations with any folks during my hunt. What are other folks thoughts or experiences with this? Thanks
Mike

 

[Hilltop]

My only experiences with this have been in Wyoming- It is my understanding that they own mineral rights and nothing else. They should not be allowed to keep from hunting any national forest ground. However, I would give them a little space if possible as some of these individuals are touchy because they deal with people vandalizing equipment and messing around in general so you could end up in a confrontation if they saw you close to any equipment.

 

[libidilatimmy]

The Federal Gov't hasn't patented any claims since the early 90's I believe. All a mining claim gives right to claimer is the right to search for minerals, etc. not the surface rights to the parcel. Think of it like this, If an oil company has the mineral rights to a piece of land that is a hay field on the surface and the want to drill, they must pay the farm owner for easements across to the drill site and reimburse them for any damages to crops caused by the drilling operation. The farmer owns the surface and the oil company owns the minerals below. You are perfectly within your legal right to be on the claim as long as you're not mining, panning, etc. Keep in mind though that some of these people can be pretty touchy when it comes to intruders on their claim thinking that someone is trying to steal their minerals. If you can find the claim markers (corner markers) which usually aren't very far apart, like a quarter mile at the most, by law the NE corner marker has to have the pertinent information for the claim on it including claim parcel, claimer, contact information, etc. where you could get in touch with the person or organization and let them know when you'll be around their claim and your intentions so there's no confusion.

 

[mrcowboy]

Thanks guys for your responses. I hope to be down there in the next seven days or so and will look for claim owners info in the film canisters hanging from his posts. It sounds like a good idea to contact him and let him know my intentions of just hunting. I had a friend suggest that perhaps this was a way that other hunters would try to keep others from hunting a particular section of the forest. I will keep positive and hope to believe this isn't the case. This is my wife's first hunter ever and I just want to stay away from any confrontation/drama. I want this to be a positive hunting experience for her. She already enjoys so much of the outdoors. She inquired last year about hunting with me.

 

[Colorado Cowboy]

One additional item....with the increase in the value of the minerals on the claim sites, lots of older claims that have been dormant for years are now back working. This is especially true here in Colorado. Lots of them are not posted, so it could be very easy to trespass. Ask questions and be careful.

 

[BruinPoint]

Call the FS/BLM to ask specifically. I ran into the same thing near Gunnison this year and there were definitely new claims where a person could be charged for trespassing and were not on the map. As in 100% private surface where the maps showed public land. I was told the only way to know for sure was to contact the county assessor's office and ask for legals on all new mining claims.

 

[Topgun 30-06]

If they are mining on a claim it is my understanding that it's similar to a grazing lease like ranchers pay the Feds and they don't own the land, but just the minerals below, as our other member stated. I would steer clear of the actual site, but I think you should be able to legally hunt near there. Last year on an archery elk hunt in northern NV I saw markers like those being talked about and they had the claim information stated on one corner post. There was no activity in evidence in the whole are though.

 

[BruinPoint]

The BLM in Gunnison told me specifically that there are some claims that I could be charged with trespassing.

Just to muddy the waters I did find this (check out page 24, 2nd and 3rd paragraphs):
http://www.blm.gov/pgdata/etc/medialib/blm/wo/MINERALS__REALTY__AND_RESOURCE_PROTECTION_/energy.Par.28664.File.dat/MiningClaims.pdf

And this (questions 6, 8, and 24):
http://www.blm.gov/co/st/en/BLM_Programs/minerals/locatable_minerals/locatable/mining_faqs.html

Confused? Me too.

 

[Topgun 30-06]

After eading those two links IMO what I stated earlier is true.

 

[packmule]

I didn't read anything that said the surface was made private due to the claims. This seems to be the most important part of those links

"The Federal Government maintains the right to manage the surface and surface resources on mining claims and sites located under the General Mining Law. This includes the use of the area for public recreational and resource management purposes that do not materially interfere with an ongoing mining activity."

 

[mrcowboy]

All of your responses and your input is appreciated. The links provider by BruinPoint, specifically 6 and 8, clarify some things but 24 seems to muddy it up again. Agreed that these issues maybe become more and more common now that mineral values are on the increase. I expect old lode and placer claims to be revisited because of increasing mineral values. I will try to contact the district of that national forest again today. No one answered yesterday. I have heard some nightmare tales of claim owners and hikers in the national forest. Trying to avoid that type of situation. I only want to pass thru the area not really interested in the mineral value, only the mule deer.

 

[2rocky]

If it is open pit coal mining they may have a fence and signage excluding people. More of a safety thing than property rights. Best bucks I saw in Eastern WY were on tailings piles!

 

[libidilatimmy]

If it's an active mining operation, you wouldn't be allowed even close to activities due to MSHA, but that is a whole different can of worms.