Detecting Coins & Relics On Mining Claims

[deathray]

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

[goldbrick]

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. 

[snakejim]

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.

[NuggetBob]

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 

[klunker]

 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.

[fredmason]

Policy is not law!!!

fred

[klunker]

 Your right Fred. But the attorneys cost the same ether way.

[LipCa]

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?

[Clay Diggins]

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