Hopefully this information will answer some of your potential questions...
What are mining claims?
The General Mining Act of 1872 is a United States federal law that authorizes and governs prospecting and mining for economic minerals, such as gold and silver, on publicly owned lands. This law, approved on May 10th, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in California and Nevada from the late 1840s through the 1860s, such as during the California Gold Rush.
A mining claim is the right to explore for and extract minerals from a tract of land. The mining law of 1866 gave discoverers rights to stake mining claims to extract gold, silver, cinnabar (the principal ore of mercury) and copper. When Congress passed the General Mining Act of 1872, the wording was changed to "or other valuable deposits," giving greater scope to the law. The mining law opens up land in the public domain, that is, federal land which has never been set aside for a specific use. All mining claims are initially unpatented claims, which give the right only for those activities necessary to exploration and mining.
The original mining law gave miners the opportunity to obtain patents (deeds from the government), much as farmers could obtain title under the Homestead Act. A patented mining claim is one for which the Federal Government has passed its title to the claimant, making it private land. A mineral patent gives the owner exclusive title to the locatable minerals. It also gives the owner title to the surface and other resources. This means: You own the Land as well as the minerals.
The process of patenting claims has been perhaps the most controversial part of the mining law. more re; relevant case law
What good is an unpatented gold mining property to me? What can I do on it? Valid mining claims are located on available lands that contain a valuable mineral source (such as gold, platinum, silver, etc.) Owning a mining property allows you the opportunity to extract these valuable sources. Most people prospect for gold as a form of adventure, recreation, and relaxation but with today's soaring gold prices, it can really pay in dividends! A claimant can camp on his/her claim just about indefinitely as long as the site is kept clean and it's obvious a legitimate mining operation is in progress. Geology experts say that less than 20 percent of the gold in the Western United States has been recovered. Streams, rivers and creeks in gold country are constantly being replenished with the valued metal. Over the centuries natural erosion/flooding, etc. has caused a substantial amount of new gold to become deposited in today's waterways. Some rivers and streams that were once thought thoroughly mined out are presently paying gold dredgers in good-sized deposits.
What if I don't want to dredge? Is there any way to find large deposits of gold without having to get in the water?
As the old saying goes, "gold is where you find it". One doesn't necessarily have to dive to the depths of the river to find gold but one does need to at least be looking for it. There are many great methods to choose from for finding gold. One of the least known, but with perhaps the largest potential of all the different kinds of prospecting and hunting for gold, is the search for pocket gold. Only a few of the old-time prospectors knew about it and it is safe to say eight out of ten never heard of it. Huge nuggets and massive chunks of gold can be found high-and-dry with a metal detector. It comes from quartz, the same source as placer gold, and can probably be found where ever there is placer gold. more re; placer mining methods
What legalities / paperwork are involved with buying an unpatented gold mine property from The Claim Post? All that is needed for the transfer is a quit claim deed filed with the county and BLM. After receipt of payment in full, we will file all necessary paperwork and pay all associated fees to the County and to the BLM to transfer ownership of your chosen placer mining property, from our names, to yours. The transfer usually takes 1-2 weeks. When the transfer is complete, you get the deed. You will be advised and copied every step of the way during the procedure to ensure ultimate customer satisfaction throughout the transaction.
Is the land mine? You own the mineral rights and may use as much of the surface as reasonably necessary for mining your property. You may recreate in your spare time on your unpatented mining claim, as well, ie; fishing, camping, hiking, swimming, etc..
Can I live on it? Building a structure on your claim simply for recreation or purposes other than mining is illegal. All buildings, equipment, fences, signs, roads, any man made changes on the mining claim, must be reasonably incident to mining. To build on a claim, you must first obtain a permit from the federal agency managing the surface, for example, the USFS or BLM.
Tell me more about the permits. The Ranger Station may require you file an NOI (Notice of Intent) and/or a PoO (Plan of Operation). On June 6, 2005 the U.S. Forest Service (USFS) published its Final Rule on Section 228.4 in the Federal Register.
Section 228.4 regards when it is necessary for a miner or prospector to submit a Notice of Intent (NOI) or Plan of Operation (PoO) with the USFS.
Are there taxes or any kind of annual dues I have to pay in order to keep my mining claim in good standing?
ANNUAL TAXES are due and payable, in States where applicable, to the Tax Collectors Office by the end of August. Typically, they will send you an assessment on your property(ies) in the spring followed by a bill they will send to you in July each year. If you don't hear from them, it is still your responsibility as the claimant to be aware of your possible tax liabilities each year, contact the Tax Collectors office, and meet your annual tax requirements. Your annual taxes are based on their total dollar assessment of your property(ies) for which they charge you approximately 1% in taxes.
ALSO - THE BLM REQUIRES AN ANNUAL MAINTENANCE FEE of $125 to satisfy assessment requirements. If you own less than 10 mining claims, actual labor can be performed to qualify as assessment required. You're never billed or notified by the BLM. It is your sole responsibility to meet this annual requirement when it is due or lose your mining claim.
Can I convert my unpatented property to patented property?
Since 1995, Congress has enacted one-year moratoriums on the issuance of patents, whereby new mining patents generally will not be issued - however, this is subject to change in the future.
What is an unpatented mining claim? In 1872, The United States Government granted any citizen the right to explore, locate and claim certain rights upon public lands. An Unpatented mining claim is a particular parcel of Federal land, valuable for a specific mineral deposit or deposits. It is a parcel for which an individual has asserted a right of possession. The right is restricted to the extraction and development of a mineral deposit. This means: You are leasing, from the government, the right to extract minerals. No land ownership is conveyed.
Do I own the property or just the mining rights or both? You own only the mineral rights until a patent can be secured from the government. Presently, there is a moratorium on issuance of patents however, this is subject to change in the future.more regarding rights...
I've never mined for gold (or anything else for that matter) before in my life!Where do I begin? There are a multitude of gold mining websites where one can learn how to get started as well as thousands of books written on the subject. Feel free to email or speak with us, at The Claim Post, too! We're always happy to help.
Sometimes forest roads are gated and locked up. Can I be locked out of my claim? The owner of an unpatented mining claim cannot be denied access to his property by federal law. Generally, if a locked gate is preventing you from accessing your claim, the Forest Service (or appropriate agency) must provide you with a key.
What if I find others camping, fishing, hunting, hiking, etc. on my claim?Others may recreate on an unpatented mining claim ..ie fishing, swimming, hiking... however; you have the right to post mining claim signs warning the public of possible hazards and dangerous conditions pertaining to your mining procedures. You may also post "No Trespassing of Mineral Rights". In most instances, the public will respect your rights and signs that help to convey your rights.
What if I find silver on my gold mine or diamonds on my silver mine? Does whatever I find on my property belong to me? You own all the mineral rights to your mining claim and are not required to pay a royalty to anyone for extracting such minerals.
How does The Claim Post determine the sales price of a mining property they're offering?
Like any real estate, the sales price of our mining properties are determined by a number of factors. Size, shape, access, and actual physical location are all very important issues when considering the real value of a mining property.
A typical gold placer property is approximately 1320 ft in length by 660 feet in width. The average depth of streambed material might be 10 - 15 feet. With an average dredging season of 70 days per year, you can easily figure that it will take many years to completely mine an entire property from end to end, bank to bank.
One must also factor in the rarity or "uniqueness" of each individual property as there are only a limited number of mining properties on this (Salmon River) river system. Certain attributes like a great campsite, shallow bedrock, multiple bends with low pressure areas, and large amounts of virgin high bench material will also add value to a gold mining property.
And last but certainly not least, is the current price of gold. With today's price of gold, in most cases, our properties will pay for themselves over and over again for decades to come. A recent customer recovered approximately one half of the purchase price in less than two weeks of dredging on his claim and he moved less than 30 linear feet of streambed. He has approximately 1290 feet left to mine!
If the properties are so rich, why is The Claim Post selling them?
We are a small independent company that has been conducting our own gold mining ventures in this area for many decades.
Over the course of many years, we have worked hard to locate and secure the rights to many high grade gold mining properties in the Salmon River region.
We now have more properties than we can realistically work in several lifetimes, so here is an opportunity for others to get in on today's new "Gold Rush".
We strongly recommend that information regarding mining claims be acquired directly from the BLM and not through other sources that may change the data in some way. While The Claim Post makes every effort to provide accurate and complete information, various data is subject to interpretation. The Claim Post welcomes suggestions relative to correcting errors. The Claim Post provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data.
