Detecting in a Wilderness Area of San Bernardino mountains?

[BugHunter]

I wonder if it is legal to metal detect in the Bignorn Mountain Wilderness area of the San Bernardino Mountains. There should be no claims in a wilderness area but this still does not mean that prospecting is allowed. Besides, this wilderness is split among FS and BLM and each agency might have its own rules. Very confusing. Did anybody go there recently?

 

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[63bkpkr]

Although it is a disgusting idea, it is best to check first with both agencies about that specific area. Both should have some rules/regulations about the area and once you have "THEIR" r&r's be sure to understand them AND carry them with you just incase you are accosted by a Ranger, etc...........better safe and prepared than sorry..........63bkpkr

 

[Hard Prospector]

Because you can hunt and fish in most wilderness areas, i would think that you could still casually prospect( pan, small sluice, metal detect) so long as your not creating a disturbance. The problem is, anytime you contact a ranger station or blm office with any questions concerning prospecting they flat out tell you "no" hoping that you will accept it as fact and go away. When this happens to me i then ask to see the regs. in writing for that given area and most every time they come up with nothing. In our national forests, we prospectors still have laws to back our rights. However, if you get caught doing any prospecting in a california state park they will lock you up and throw away the key.

 

[Gold Maven]

I read once you can detect in a wilderness area as long as you are looking for modern objects. I think anything 50 or 100 yrs old is off limits. This was a number of years ago.....I would have a back up story ready...wife lost wedding ring....gl.

 

[Jim in Idaho]

I read once you can detect in a wilderness area as long as you are looking for modern objects. I think anything 50 or 100 yrs old is off limits. This was a number of years ago.....I would have a back up story ready...wife lost wedding ring....gl.[/QUOT

Good post...at some point, on Federal land, you run into the Antiquities Act. You can't take anything more than 100 years old, as I recall. Does that mean people don't?.........NO...LOL. You know people are still collecting arrowheads, spearpoints, ect. Just don't let them catch you, if you do.
Jim

 

[BugHunter]

Many thanks to all who responded. I am trying to contact the Minerals Program Manager of the SB Natl Forest. Let's see what I get.

Meanwhile, I have been looking for information on-line, including the Wilderness Act of 1964, but what I find does not actually resolve the issue.

According to the Act, "effective January 1, 1984, the minerals in lands designated by this Act as wilderness areas are withdrawn from all forms of appropriation...", which I read as a ban to take anything out.

On the other hand: "Nothing in this Act shall prevent within national forest wilderness areas any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if such activity is carried on in a manner compatible with the preservation of the wilderness environment", which I read as a permission to go ahead and begin swinging your MD.

Now, how to put this all together ? Apparently this law was written with a large scale mining activity in mind. But what about a little guy, a recreational miner? Would this all mean that, once/if you have found anything, you still cannot "appropriate" it, meaning leaving that precious nugget where you have found it. Wouldn't this be ridiculous? They should have made some clear and reasonable provisions for recreational miners but probably this was not an issue for 1964. I wonder if there have been some provisions made more recently.

 

[BugHunter]

There is also some info posted here

 

[Tom_in_CA]

reply

However, if you get caught doing any prospecting in a california state park they will lock you up and throw away the key.

hard-prospector, do you mean *specifically* "prospecting"? As in, for nuggets? Or do you mean any metal detecting at all? Eg.: coins and relics too? If you meant ALL metal detecting, then please do tell why state-of-CA beaches are routinely detected? CA state administered beaches, afterall, are administered by the very same parks dept. afterall. There is nothing, technically, that wouldn't apply to their beaches they police over as "parks", than the in-land parks. Same exact agency.

Yet metal detectors are a common site on state of CA beaches, and .... no one ever cares. Yup, right in front of rangers, etc....

I have a suspicion that if someone goes to get this "clarified", that would NOT be a good thing. If it's just simply gone in practice since the dawn of detectors, then ......... why would anyone question that?

As for state of CA inland parks, here's a true story along the same vein: There was a particular state campground that a few friends of mine used to detect. They got the usual silver coins there (but nothing too terribly old, as I think it only dated to the 1940s or '50s). They had detected it for years, and never had any reason to suspect you couldn't. It was simply where their predecessors, before them, took them to detect, and so forth. Any passing rangers would give nothing but a friendly wave.

However, the true story is that one day, a newbie, who got his first detector, stopped in at the entrance kiosk to ask: "can I metal detect here?". The confused gate clerk didn't know how to answer that. He looked too and fro through his booklets and pamphlets there at the kiosk, and saw nothing addressing this. So he tells the fellow "hold on a minute", and gets on his phone. He makes several calls, to a few different superiors in remote places. He then comes back to the window & tells the guy "no". The dejected md'r therefore left and went back home.

Fast forward a few weeks later, and this friend of mine who'd detected there over the years, got booted! When he objected and said "... but why?", all they could do was show him some silly things about cultural heritage, or disturbing the flora, or .... whatever.

Then later, he found out about the newbies inquiry at the kiosk when he bumped into that newbie at the dealers house. He put 2 and 2 together and it became quite clear what happened: This clerk probably passed by my friend, remembered the earlier inquiry, and thinks: "aha! there's one of them!" and starts booting others.

Moral of the story here?

And just curious: Can you give any examples of someone prospecting or md'ing on state-of-CA park, and being "locked up with the key thrown away"?

 

[Hard Prospector]

I know of two examples of friends detecting ca state parks(Palomar Mtn. and Rancho Cuyamaca) that were tossed out and were told that if caught again they would be cited and all detecting equip. confiscated. Last year I was at Palomar Mtn. state park and my 5 year old daughter wanted to go down to the creek and do some gold panning. The park ranger comes up behind us and says no panning allowed. I then explain that the little pink plastic pan and scoop are harmless and besides shes just playing anyway. The ranger says stop or be cited. Locked up and throw away the key was mean't as sarcasm to describe their aloof attitude and heavy handed bs.

 

[dieselram94]

This is what happens when state and federal governments are allowed to grab more and more power. Sad this is public land and the public is not allowed to use it.

 

[DesertNuggets]

They want us living in the city and only walking on the sidewalk..

 

[dieselram94]

Just wait until agenda 21 is in full force!

 

[Hard Prospector]

If agenda 21 is ever really carried out, a lot of good, decent, up standing citizens will be made into outlaws in the eyes of the government.

 

[dieselram94]

Unless this country wakes up soon, it will be enacted. Some already has been in California.

 

[BugHunter]

So, my phone message has been returned by the SB forest Minerals Program Manager. I wrote down what he said word by word:" wilderness areas have been withdrawn from mineral entry by congress, so NO is the answer as to whether you can do metal detecting in a wilderness area". As expected, although still very disappointing.

 

[dieselram94]

More proof the American citizen has no rights left...that is public land.

 

[chkn]

Yeah, I'd like to know exactly what freedom we're talking about here. We pay for everything and we get nothing (while being treated like criminals).

 

[dieselram94]

Just wait and see what 2016 looks like.

 

[Oakview2]

So, my phone message has been returned by the SB forest Minerals Program Manager. I wrote down what he said word by word:" wilderness areas have been withdrawn from mineral entry by congress, so NO is the answer as to whether you can do metal detecting in a wilderness area". As expected, although still very disappointing.

Withdrawn from mineral entry, means it cannot be claimed, many agencies are using this catch phrase to keep prospectors out. That is the case I believe at the East Fork of the San Gabriel...

 

[63bkpkr]

Take a look at some of Hefty1's posts under gold prospecting, it is at the very top of page 1. Gather together copies of some actual laws and keep them with you when you are "out there". A little bit of knowledge on our part used properly when contacted by 'the authorities'(gag) will keep them off of your back............63bkpkr