Mining claim etiquette Q&A
Apr
12
Written by:
4/12/2010 7:25 AM
Here are a few common questions, and answers, about claim and mining rights.
Q: Can I cross another person’s claim to reach mine?
A: Yes. You can’t work on another claim, but you have the right to cross because it is public land. You cannot, however, cross any private or patented land.
Q: On a lode claim, if someone is walking along and sees a huge crystal sitting on the ground surface of the claim, can that person legally pick it up and take it home? Is this legal, as long as the person doesn’t dig up the crystal? Does this differ from a placer claim?
A: Lode and placer claims are treated identically. Surface material is treated as waste in mining law, so anyone can surface pick any claim. This also includes tailings. No one can dig a teaspoonful of virgin dirt without the claimant’s permission.
Q: Do I need to carry my permit to dig on GPAA claims?
A: Yes. If anyone is caught without a valid GPAA permit in his, or her, possession, or refuses to show the permit when requested, the incident will be reported to authorities for claim jumping. In some states, the offense carries a $1,000 fine and six months in jail. Anyone convicted will be barred from membership in the GPAA.
Q: Can a claim holder allow a club to dig on his claim?
A: That is up to the claimant. Clubs that dig with permission have to follow some USFS specific rules about overhangs, safety barriers and bench heights. Liability insurance for the club doing the digging is essential these days, and can be had for under $500 per year.
For more information on claims rules, call the GPAA national headquarters at (800) 551-9707.
- Larry Brillhart