Is this a legal prospecting strategy in California?

[sublimages]

I'm kind of new to all of this and i don't want to land myself in trouble with the law or worse. So basically i would like to know if my plan is legal. I have done my own research and believe it is, but a second opinion would be nice. Here's the plan:

In a couple months i will be taking a roadtrip for a reunion. I have planned a route which has many stops at locations that are available to be claimed according to lr2000(i will verify at the blm office shortly before my trip).

The real question is, can i stop at each location, grab a couple buckets of dirt, label it, and then take it with me to process later once i get home?

 

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[KevinInColorado]

Yes.

However LR2000 is very out of date... And no longer being updated by the government. Use mylandmatters.org and then a visit to each county recorder's office to avoid being a thief...since minerals on a valid claim are the property of the claimholder.

 

[goldenmojo]

You might end up with buckets of worthless dirt when you get back home. California is the land of gold but not in every scoop. Better to find a couple of spots to work in the time you are here. If you find color bucket some of that dirt back home with you.......

 

[Tom_in_CA]

sublimages, I agree with goldenmojo, that the odds of grabbing a random bucket-full of dirt, and having enough value in it to have lugged it across state to process later, is very un-likely. If it were true that such dirt was THAT profitable, then I can only imagine how good it would be to hunker down on that spot.

But to address your question of legality, forget-for-the-moment the technical aspects of your question. Because I have no doubt, that if you asked enough desk-bound pencil pushers somewhere "can I take a pail-full of dirt from the forest in the middle of nowhere?", they would be obliged to tell you "no". So too could I probably get the same answer if I asked that question of whomever administers our beaches here in CA on our coast (like if I needed a pale-full of sand for some home garden project or something). Because no doubt there is laws about "removing" or "harvesting" or "taking", and so forth. So as to prohibit some knucklehead from thinking he can do a full-scale sand-harvesting commercial operation, or whatever. Was it ever meant to address "a single pail-full" ? Of course not. But they'll be obliged to go by the technical answer. Hey, you asked afterall.

So instead go by the "does anyone really care?" test of things. I mean, if the spots you have in mind are in the middle of nowhere, then ........ I think you're over-thinking this

 

[Goldwasher]

sublimages, I agree with goldenmojo, that the odds of grabbing a random bucket-full of dirt, and having enough value in it to have lugged it across state to process later, is very un-likely. If it were true that such dirt was THAT profitable, then I can only imagine how good it would be to hunker down on that spot.

But to address your question of legality, forget-for-the-moment the technical aspects of your question. Because I have no doubt, that if you asked enough desk-bound pencil pushers somewhere "can I take a pail-full of dirt from the forest in the middle of nowhere?", they would be obliged to tell you "no". So too could I probably get the same answer if I asked that question of whomever administers our beaches here in CA on our coast (like if I needed a pale-full of sand for some home garden project or something). Because no doubt there is laws about "removing" or "harvesting" or "taking", and so forth. So as to prohibit some knucklehead from thinking he can do a full-scale sand-harvesting commercial operation, or whatever. Was it ever meant to address "a single pail-full" ? Of course not. But they'll be obliged to go by the technical answer. Hey, you asked afterall.

So instead go by the "does anyone really care?" test of things. I mean, if the spots you have in mind are in the middle of nowhere, then ........ I think you're over-thinking this

its easy check land status....federal land open to mineral entry and not claimed...then your good to go its called SAMPLING. you don't have to ask permission to sample land that is unclaimed.
There are a lot of claims in " the middle of nowhere" so make sure your allowed to even break out a shovel before you dig!!

 

[Clay Diggins]

sublimages, I agree with goldenmojo, that the odds of grabbing a random bucket-full of dirt, and having enough value in it to have lugged it across state to process later, is very un-likely. If it were true that such dirt was THAT profitable, then I can only imagine how good it would be to hunker down on that spot.

But to address your question of legality, forget-for-the-moment the technical aspects of your question. Because I have no doubt, that if you asked enough desk-bound pencil pushers somewhere "can I take a pail-full of dirt from the forest in the middle of nowhere?", they would be obliged to tell you "no". So too could I probably get the same answer if I asked that question of whomever administers our beaches here in CA on our coast (like if I needed a pale-full of sand for some home garden project or something). Because no doubt there is laws about "removing" or "harvesting" or "taking", and so forth. So as to prohibit some knucklehead from thinking he can do a full-scale sand-harvesting commercial operation, or whatever. Was it ever meant to address "a single pail-full" ? Of course not. But they'll be obliged to go by the technical answer. Hey, you asked afterall.

So instead go by the "does anyone really care?" test of things. I mean, if the spots you have in mind are in the middle of nowhere, then ........ I think you're over-thinking this

I think you are confused Tom. Theft is theft no matter what mental theory you bring with you. Private property is "not yours" and all the minerals on a mining claim are the private property of the claimant.

I could show you the laws making this a felony but I'm sure you would have some entirely well thought out weasel words that "might" save those you misdirect from the wrath of a claim owner, sheriff and judge.

Here is the reality of what you are suggesting:

Claim jumpers arrested in Foresthill

Claim Jumping

These and many other higraders were charged with Grand Theft. Prison time. They all thought they were in "the middle of nowhere" and no one would care.

Encouraging others to break the law is juvenile at best and may even amount to an illegal act in itself when done publicly on say ... an internet forum.

Shame on you.

 

[sublimages]

I don't expect to make money off the buckets, my plan would be to then return the location which yielded the most and work that spot. Sorry i left that part out of my original post.

The more i think about it, I'm sure you guys are right, there probably are laws against this. I know it's illegal to take sand from the beach, unless it's "less than one can reasonably carry in one's pockets", or something silly like that.

I will definitely be verifying that I'm allowed to be there with blm before i go, i don't want to get shot or arrested

 

[Asmbandits]

Dont let these guys confuse you, what your speaking of is called prospecting and is a fundamental of mining and perfectly legal. Just be sure to know land status of potential prospects and as long as you are on land open to mineral entry and not claimed you have nothing to worry about.

 

[Tom_in_CA]

... I know it's illegal to take sand from the beach, unless it's "less than one can reasonably carry in one's pockets", or something silly like that....

I have not heard of the exception of "except if it fits in one's pockets". To my knowledge, there's simple bans on collecting, harvesting, removing, etc.... from most parks, beaches, public land, etc... You know the old addage you were told in grade school afterall: "If a beach is pretty because of the pretty rocks that comprise the beach, then guess what happens if everyone picks up and takes home 'one pretty rock' ? : Pretty soon, the beach isn't 'pretty' anymore" Doh! Therefore I don't know if there's an exception to "just one", etc... I'm pretty sure the old addage of "only take photos, leave all else" applies to all natural geologic and cultural features.

Hence if your grade school daughter wants to pick up a seashell, for her school art project, is she a law-breaker ? Technically yes. But ask yourself: Did anyone *really* care if she picked up a seashell? Of course not. Now I guess "shame on Tom-in-CA for saying a kid can pick up a seashell", right ?

I'm not a gold prospector. So I admit to not being "up" on "claims" rules. If there is special separate issues for prospecting (nuggets) that someone else has dibs on a site, then sure: that should be respected. But I was merely taking the question as to public land and metal detecting in general. As it would apply to coins, jewelry, relics, etc.... If gold nuggets are in a camp all their own, my apologies.

 

[goldenIrishman]

I'd also suggest that you make a lot of notes before you head out on your trip. Learn the PLSS system and make notes on the locations you want to prospect by township and range. Your first stop should be the county recorders office so you can check the master plats (maps) for those townships and ranges to make sure that they're open to mineral entry and are not claimed already. If that all checks out then you should be good to go. Good notes are essential for what you're wanting to do and will save you not only time while on your trip, but can cut down the time you have to spend in the recorders offices that could be used for testing.

Also keep in mind that different management agencies are going to tell you different things as to what is and is not allowed. While the National Forest Service may say one thing about taking buckets home with you, the BLM will say another. THE NFS controls the SURFACE ASSETS while the BLM controls the SUB-SURFACE ASSETS. Quite often their rule don't match up. Be sure you're not stepping on any toes and you should be fine.

 

[goldog]

There seems to be two tracks the OPs question has taken. 1:Would it be legal and 2:How not to steal (claim jump) someone's gold. I haven't seen anyone suggest any law breaking or stealing although Tom is pushing the line a little (I happen to agree, back to that in a moment.). Sublimages is doing his due diligence here and gotten some good info. (MyLandMatters.com, check with county, etc...)

Sounds like you've already got some spots in mind so this may not be necessary but maybe someone in the area could help point you to some open, claimable land in the area. Now, IMO, a good friend would steer you away from such a fools game in Ca but that's another thread. (Think club membership- a lot less headaches and money involved.)

Some public land is open to prospecting/claiming (mineral entry) and some is not. Some is literally a checkerboard. If you are interested in a claim in the mother-load area research those counties for land status. BLM and Nat'l Forest is often open. National or State Parks are not.

And, by the way, bringing dirty dirt home is a real mess. Try to wash it first.

As for the legality of removing dirt or sampling, research the land status and laws prior to your trip. Asking will tend to get you "Policy" answers. As Tom pointed out, it is a lot easier for a FS or other Gov't employee to say no than yes. Some can be very helpful others not so much.

 

[sublimages]

Definitely getting some good info. I appreciate it. If anyone would like to make any suggestions, I'm open to hearing them. I will be traveling from the bay area to Seattle.

 

[goldenmojo]

First then a couple of questions .

Are you with the Sierra Fund? if no are you travelling up the coast route or I-5? How much time do you have in this adventure to put towards gold extraction?

 

[sublimages]

I'm not with the the Sierra fund.

My tentative plan is the I-5 route, but if there is a good enough reason i will take the coastal or go via Reno.

I will probably take about a week to get to Seattle, will be camping in national forests or my car.

 

[goldenmojo]

I'm not with the the Sierra fund.

My tentative plan is the I-5 route, but if there is a good enough reason i will take the coastal or go via Reno.

I will probably take about a week to get to Seattle, will be camping in national forests or my car.

My suggestion would be to take a slight detour at the beginning of your trip and head up I-80 to the Colfax area. You can hit either the NF American or the Bear in the public access spots. If you are good with a pan or have a small sluice you will get some color and a better idea of where the congregates. After a day on the water you can then grab a bucket of dirt or a bucket of rough wash so you are taking with you mostly cons. There are other areas which would also detour you off of I-5 such as the Yuba River, areas in Butte county and Shasta/ Trinity counties but others would have to help you with specific sites in those locales. If you PM me I will give you a couple of spots to go where you can get some color. Good Lick and Safe Travels.

 

[KevinInColorado]

My suggestion would be to take a slight detour at the beginning of your trip and head up I-80 to the Colfax area. You can hit either the NF American or the Bear in the public access spots. If you are good with a pan or have a small sluice you will get some color and a better idea of where the congregates. After a day on the water you can then grab a bucket of dirt or a bucket of rough wash so you are taking with you mostly cons. There are other areas which would also detour you off of I-5 such as the Yuba River, areas in Butte county and Shasta/ Trinity counties but others would have to help you with specific sites in those locales. If you PM me I will give you a couple of spots to go where you can get some color. Good Lick and Safe Travels.

Good lick...lol! Stupid autocorrect!

 

[goldenmojo]

Good lick...lol! Stupid autocorrect!

What, you've never heard of licking the pay dirt to taste for the gold? Stupid autocorrect.......

 

[goldog]

I'm not with the the Sierra Fund.

Too bad. I hear THEY can dredge.

 

[sublimages]

Too bad. I hear THEY can dredge.

But just for mercury right?

 

[sublimages]

My suggestion would be to take a slight detour at the beginning of your trip and head up I-80 to the Colfax area. You can hit either the NF American or the Bear in the public access spots. If you are good with a pan or have a small sluice you will get some color and a better idea of where the congregates. After a day on the water you can then grab a bucket of dirt or a bucket of rough wash so you are taking with you mostly cons. There are other areas which would also detour you off of I-5 such as the Yuba River, areas in Butte county and Shasta/ Trinity counties but others would have to help you with specific sites in those locales. If you PM me I will give you a couple of spots to go where you can get some color. Good Lick and Safe Travels.

I-80 to Reno then US-395 to Seattle is starting to look like my plan. Hopefully i won't get stuck at a slot machine in Reno.

Now that I'm thinking about it, i remember getting stuck in traffic on a chartered trip to Reno. I was staring our the window drinking a beer and saw what looked like gold where there had been a recent landslide. It was in Colfax area.