Last Post 31 Oct 2016 07:50 AM by  WALTER EASON
BLM Leased ranchland
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SEAN ASHLEY
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30 Oct 2016 12:07 PM
     I was curious to know if anyone know if you can file a claim on blm land leased to a ranch. one ranch I know of has about 43,000 acres most of which is mountainous desert. Do you need permission from the ranch to file a claim or prospect on blm leased land? or is it considered Private land??
    ADAM ANDREWS
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    30 Oct 2016 12:26 PM
    I think for sure you need the Ranchers permission just to even be there. Most ranches are fenced off because a Bull may run right over you. Don't piss off a Bull, they have no sense of humor... It's not private property, but a mining claim on a leased property sounds like a legal headache.
    Leo Lorenz
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    30 Oct 2016 01:07 PM

    The BLM still owns the land and are likely "only" leasing out the "grazing rights"......for the surface and they still own the minerals beneath. I am not 100% on this, but since they own it....they can dictate the terms. Very likely, recreational prospecting is seen as a "non threat" to the grazing rights.

    Filing a claim on that land is just only securing your right to further explore and extract minerals from below the surface....and this seems to me that the BLM would allow that as well even though the rancher is leasing only the surface area. The BLM probably has provisions in the lease to the rancher, making it fully understood that the lease does not prevent the BLM from also allowing others to enjoy the use of the multipurpose use lands. I am sure there are penalties provided for those who interfere or obstruct the ranchers rights to graze under his lease.

    ARTHUR WAUGH
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    30 Oct 2016 01:56 PM
    I am pretty sure Leo nailed it.  Permitee's generally have a season of use that they are allowed to graze stock on the allotment.  They only have the grazing rights to it.  That being said, check with the District office on it and get the straight scoop, only a phone call away, ask for the minerals person on the district.  If you can file a claim, it would be prudent to check with the rancher that holds the permit, so you don't interfere with his stock, or any water he is using for them
    Joseph Loyd
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    30 Oct 2016 06:19 PM
    The only thing is you might have to talk to the rancher about it ,and get his ok to mine in the area .The ranchers worry about people who leave large holes that can injure their cattle .We just went through it in one claim .Just remember to fill all holes .
    SEAN ASHLEY
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    30 Oct 2016 06:33 PM
    For sure I would speak with the ranchers and get permission (whether I needed it or not) and give them reassurances that there will be no cows in danger of falling in holes. The 43k spread I spoke of is my uncles ranch (most of which is BLM lease) I noticed there are some claims out there. which arose the question. as my uncle has said (and as I think other rancher would say if you presented in a respectful way) he likes it when I'm out there because I can keep an eye out on whats happening out there and report anything to him that might not seem to be out of sorts. he knows I'll take care of the land and not cause any trouble.
    SEAN ASHLEY
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    30 Oct 2016 06:38 PM
    Adam, there are fences but all gates are open access. BLM and AZGFD have posted signs reminding people to close all gates behind them. and No camping within I Think) 1/4 mile of a stock tank.
    ATV's and Jeep clubs are up there all the time
    ADAM ANDREWS
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    30 Oct 2016 07:19 PM

      That's cool, it's your Uncles ranch. That makes it easier. How's the Gold? So you can prospect the best spots and hang out with your Uncle.

    SEAN ASHLEY
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    30 Oct 2016 08:47 PM

     

    most of the gold on my uncles ranch is refractory all tied up in the sulfides. But its another Ranch area that i'm looking at that has a lot of free mill. I have free run out at my uncles place. no worries there. I had noticed in my research there were several claims within the ranch and it made me curious as to the claim rules.

    WALTER EASON
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    31 Oct 2016 07:50 AM
    Claim rules would be much the same as on any other BLM land as with any public land under the Multiple Use Act with the exception of how the claim is located and if a mine takes away the use of land from the leased operation the miners operation is libel for the cost as listed in code.
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