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Detecting Coins & Relics On Mining Claims


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Here is a dilemna Ive wondered about,maybe someone can clear thisup for me. I spend 90% of my time relic hunting. I fully realize that claim ownership means you own the mineral rights. But...can I metal detect for relics/coins on someones claim without seeking their permission? The only obvious to my intent would be my choice in detector...usually a Tejon...rather than say swinging a gmt ,but saying Im coinshooting,lol. Anyone have thoughts on this? Ray

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Ray, the way I read the law is if you do not collect any minerals or rocks you are legal to pursue relics, within the bounds of the Antiquities Act of course. 

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Here is a dilemna Ive wondered about,maybe someone can clear thisup for me. I spend 90% of my time relic hunting. I fully realize that claim ownership means you own the mineral rights. But...can I metal detect for relics/coins on someones claim without seeking their permission? The only obvious to my intent would be my choice in detector...usually a Tejon...rather than say swinging a gmt ,but saying Im coinshooting,lol. Anyone have thoughts on this? Ray

I wouldn't recommend it. If a claim owner sees you detecting on his claim and digging, he's going to assume you are hunting for nuggets. That won't be a good scenario. Most claims are on BLM or Forest Service administered land and the Antiquities laws say you can detect for gold or other minerals, but anything else over 50 years old is off limits. There were several folks cited under the antiquities laws at Greaterville, Az. for a pocket full of rusty nails and old junk. They were just going back to their truck to throw the junk away. It cost them a fine instead.

If you want to hunt relics, you'd best stay on private property with written permission from the land owner.

Of course it's your life and your money. Your equipment and vehicle could be confiscated under the Antiquities Laws also. It's illegal to even pick up arrowheads on public land.

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That's a tricky bit deathray. Yeppers, intent and dagnabit the old blm has some odd rules and such 'bout relics, well hell they sometimes call 'em cultural artifacts. Now the gosh darned ol claim owner might not agree with your stated intent and file paper against you at the old courthouse, Them lawyers and such wont give a hoot n holler in hell what brand your relic detector is but when it sounds off on a nugget in front of a jury or judge you'll have some 'splainng to do and well we're back at the tricky bit. 

 

Feast your iballs on this

http://www.blm.gov/pgdata/etc/medialib/blm/nv/information.Par.77566.File.dat/collecting_on_publiclands.pdf 

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 Ray-

Your welcome to come hunt for relics on my claims but if you find a nice nugget please put it back. You will do that won't you? (just kiddin').

Relic hunting in a national forest is off limits. Coin hunting is arguable. I have never found collectable relics on public land but I can't remember where I did find them.

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I thought arrowheads and coins "on the surface" were exempt under the Antiquities Act? At least that's what it states. Unless they are associated with a "recognized site".

I think bullets are listed too?

Maybe newer laws?

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The Antiquities Act applies to evidence of past human life which are of archaeological interest, as determined under uniform regulations. Even then they must be 100 years or older.

Not all objects older than 100 years old are of archaeological interest. The "uniform regulation" part means the local ranger or archies can't make up their own rules. The same regulations apply whether you are in a Forest, National Park, BLM managed land or Wildlife Preserve.

Bullets and coins are excepted from the law as well as arrowheads found on the surface. Mining is exempt from enforcement under the Antiquities Act.

Real life -

The Forest Archaeologists I've spoken to say the stuff near to 100 years is so hard to positively identify as to age that only a fool would testify in court that they were older than 100 years. Rose head and cut nails are still being made and used today. Rusted steel or iron is not an indication of age etc. They all said it's about native American stuff for them. Government bullies and posers may push the issue but most archies just want to be left alone to discover and dig really old sites.

Realistically it's a good idea to notify a claim owner before detecting a claimed area. Sure it's legal to beep for relics there but a lot of claim owners believe their claim rights are much greater than they really are. Best to beep without the thought that you might be accosted - justified or not.

Rhetorical question arises. How many here would rebury a 12 ounce gold nugget should one be uncovered while searching for "relics"? :)

Barry

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Common sense folks. If you are going to metal detect on somebody elses mining claim having permission from the claim owner only makes sense. Explaining in advance your intent and getting agreement that all parties are clear on what is going on can help prevent conflict from occurring.

If on public land open to mineral entry you are working under the mining laws and metal detecting for gold is specifically allowed as an activity under current regulations. Mineral entry means land open for claim staking. If the land is closed to mineral entry you are not covered under the mining laws.

Rest assured that land managers have broad discretion under the law to protect archaeological resources on public lands. What constitutes an archaeological resource is also open to broad interpretation. The 1906 Antiquities Act has long since been bolstered by newer laws like ARPA (Archaeological Resources Protection Act) and others.

100 years is an old guideline. Many states are now using 50 year. Do a Google on "archaeological resource 50 years"

In general coins have been regarded as exempt because they are legal tender, but arguments can be made about coins "found in context" and their importance for dating a site. The problem as has been pointed out is that while you may ultimately be legally correct the costs involved with even a wrongful run in with the law in these matters can be extreme. Relic hunting is the one type of metal detecting I do not participate in on public land. By definition if it is old enough for it to be of interest it is probably illegal to remove it from public land. Even on private property you need express written permission from the property owner. http://openjurist.org/999/f2d/1112/united-states-v-j-gerber

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