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[Ranger_Dave]

So, is picking up a piece of quartz on a jade claim "undue degradation"? Everything I've tried to read on this is very vague.      My degree is in biology, not legalese. It does say you can cross the claim on your way somewhere else. That's a start. You did give me another site to check out. Thanks.

[hummingbirdstones]

It is extremely vague, but I'm reading it as you can cross the land, but you can't touch anything on it -- just because it's the feds and that's how they like to roll.

[Ranger_Dave]

I think the key might be somewhere in the definition of "mineral trespass." I tried and got my brain fried by a bunch of legalese.

[hummingbirdstones]

Do you have a link for that?  I'd like to look at it.  I found this Washington State law, so I'm sure there is a mineral trespass law in each state that allows mining claims.


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RCWs > Title 78 > Chapter 78.44 > Section 78.44.330

78.44.320  <<  78.44.330 >>   78.44.340

RCW 78.44.330
Mineral trespass—Penalty.
(1) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder or person conducting the mining operation:
(a) Interferes with a lawful mining operation or stops, or causes to be stopped, a lawful mining operation;
(b) Enters a mining claim posted as required in chapter 78.08 RCW and disturbs, removes, or attempts to remove any mineral from the claim site;
(c) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill, or other mining equipment at a posted mining claim; or
(d) Defaces a location stake, side post, corner post, landmark, monument, or posted written notice within a posted mining claim.
(2) Mineral trespass is a class C felony.
[ 2003 c 335 § 2.]

[Ranger_Dave]

I think you got it! That one sentence: "Enters a mining claim posted as required in chapter 78.08 RCW and disturbs, removes, or attempts to remove any mineral from the claim site" says it all.

[55fossil]

   I noticed you highlighted MINERAL. Do you have a definition of mineral that would include or exclude things like jasper and agate because they are conglomerates of minerals?

     That line did cover MINERALs, but it does not mean you can take anything else just because it is not a single mineral such as gold or silver.".  All jaspers and agates are minerals as well as most other rocks. Yep, they are conglomerates. But almost every mineral mined is a conglomerate of many other minerals. Gold is often found as free minerals but the majority of gold is milled out of host rock which is a conglomerate.

Yep, more of that BS legalese that we all hate and causes us so much trouble. Not trying to stir the pot. Have you called the BLM yet and talked to an agent that handles mining claims????

[Sandsave]

Here's my two cents worth and this has always worked for me. Ask Ask Ask the claim owner. I've called and had my head chewed off and other claim owners give permission.
Then I don't have to try and keep track of the rules, simple but it works.

[Ranger_Dave]

..... Ask Ask Ask the claim owner.....

That's the best way. On Facebook someone is trying to say that on a lode claim you can pick up anything that's not in the lode, but on a placer claim  you can't pick up anything. I say, and the law seems to agree with me, that you can't pick up anything on any claim. You can walk across it, but can't touch anything. I'm sticking with the no touching, no taking, rule.

This is an important topic. I'm sure many claim owners have had it with trespassers and now refuse any requests to collect on their claims. It's to the benefit of all rockhounds to obey the law and respect claims.

[lapidaryrough]

https://www.blm.gov/services/land-records

https://www.blm.gov/search?search_api_views_fulltext=claim+records

https://www.blm.gov/search?search_api_views_fulltext=records