Last Post 30 Aug 2022 07:22 PM by  KEVIN HOAGLAND
How long can you stay on a claim
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Martin Wormser
Greenhorn
Greenhorn
Posts:3



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13 May 2020 11:57 AM
    A member on FB recently asked if he could camp on a claim. I said of course. Then the discussion went to for how long.

    Please add this in your FAQ section. Some say it’s 2 weeks on BLM and FS land. Some say it’s indefinite on a claim. some say it's 6 months.
    What is it?

    I can’t find anything on the GPAA website about this. The search function does not work.

    Thank you.

    Martin Wormser
    Tad Hamilton
    New Member
    New Member
    Posts:30



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    13 May 2020 12:46 PM
    BLM allows you to stay on their land 2 weeks then you have to move
    KEVIN HOAGLAND
    Basic Member
    Basic Member
    Posts:360



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    13 May 2020 06:31 PM

    BLM Regulations concerning DISPERSED CAMPING

    Dispersed camping is allowed on public land for a period not to exceed 14 days within a 28 consecutive day period. The 28 day period begins when a camper initially occupies a specific location on public lands. The 14 day limit may be reached either through a number of separate visits or through 14 days of continuous overnight occupation during the 28 day period. After the 14th day of occupation, the camper must move outside of a 25 mile radius of the previous location until the 29th day since the initial occupation. The purpose of this special rule is to prevent damage to sensitive resources caused by continual use of any particular areas. In addition, campers must not leave any personal property unattended for more than 10 days (12 months in Alaska).

    ALSO- BLM is checking a number of areas for people that heading to Public Lands as a Shelter-in-Place alternative. Regulations are very specific concerning campsite areas and human waste. As it was so eloquently shared with me by a LE,
    "If you brought it with you, and it went inside of you, and came out of you, when you leave You TAKE IT WITH YOU."
    Martin Wormser
    Greenhorn
    Greenhorn
    Posts:3



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    13 May 2020 08:59 PM
    Thank you Kevin. martin
    Bennett Helgerson
    New Member
    New Member
    Posts:25



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    10 Jun 2020 03:14 PM
    Claims on BLM land may also be in National Forests.

    From BLM 2020 Mining Claim Packet pages 41 and 42:

    file:///C:/Users/XMAN~1/AppData/Local/Temp/2020_CO_MiningPacket_JanRevise.pdf

    A mining claimant without an approved Notice or Plan of Operations, is considered a
    visitor of the BLM Public Lands. Further, the use and occupancy will be different on US
    Forest Service lands. The local office of the Federal agency who manages the surface where
    a mining claim is located will have policies and procedures applicable to any surface
    disturbing activity within their jurisdiction.

    Visitors may occupy the land no longer than 14 days in any 90 day period within a 25 mile
    radius of the initially occupied site unless the BLM has concurred with a proposed extended
    Use and Occupancy request (43 CFR 3715). Any occupancy on the Public Lands longer
    than this allowable timeframe, for the purposes of conducting activities under the Mining
    Law, must be conducted under an approved Notice or a Plan of Operations with a
    concurrence for Use and Occupancy.

    You may not construct permanent structures, mobile structures, store equipment or vehicles
    or use unauthorized roads or trails without prior approval from the agency. Further,
    intermittent or casual mineral exploration and development does not normally justify the
    use of such structures or travel off designated routes or any rights to camping or occupancy
    beyond the time period allowed for the general public.

    From USDA bulletin "Unpatented Mining Claims"

    file:///C:/Users/XMAN~1/AppData/Local/Temp/2015_UnpantentedMiningClaims1.pdf

    Can I camp on my unpatented mining claim?

    All users of our National Forests have the opportunity to
    camp within time limitations established by the Forest on
    which you are operating. Camping on your unpatented
    mining claim beyond those limits must be reasonably
    incidental to locatable mineral activities, and may require
    an approved plan of operations if cumulative impacts result
    in a significant surface disturbance. Consult with the local
    Ranger District prior to any occupancy on your mining
    claim.
    Andrew Luther
    Greenhorn
    Greenhorn
    Posts:5



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    30 Aug 2022 06:08 PM
    As long as you keep everything clean as the way it was the first day you got there nobody will ever know how long you have been there
    I'd stayed on Federal Land for several months at a time they didn't say anything otherwise so just as long as you keep everything in order and don't make a huge mess nobody will know any difference
    KEVIN HOAGLAND
    Basic Member
    Basic Member
    Posts:360



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    30 Aug 2022 07:22 PM
    It is the duty of all of us to keep members informed of the CFR for areas that we prospect and mine in.

    With that said, yes, there are certain areas where both BLM and USFS are more lenient of CFR length of stay violations especially given the events of the last two years. However, there are areas that are not tolerant of people violating any sections of the CFR 43 & 36. No matter what if you are beyond your stay limit, you are in violation of the CFR and like everything else you must be willing to accept the outcome.

    Please understand that at any given time if a BLM or USFS Ranger, LE or Land Manager knows that you are outside of your stay limit in accordance with stay regulations you can/will be asked to leave and if you do not, you can be cited with a simple radio call to the areas LE.

    Does the really get enforced?

    Yes, it does and your likelihood of being asked to leave goes up exponentially if you are in an area that has other land users in the immediate vicinity that are acting poorly. Let’s say you are in an area that is populated on the weekends by the party animal crowd that acts badly. Even though you are not a part of this crowd you may find yourself in a spot just because of location. Sadly, it happens.

    Now understand this applies on BLM “open lands”. Open lands are those that have no other specific designation. These lands have no signage, no kiosks, and no improvements of any kind. These are the lands that most prospectors and miners think of when camping on BLM areas. All other designated lands will have some kind of maximum time limit as well, and it’s often the same 14-day limit. Although I have been on a BLM camping area that had a pota-let making that an improvement. After talking to the BLM LE officer a few times, he began coming by for coffee every morning for almost 30 days. He liked my coffee and really liked seeing the gold I was pulling out of the ground and never asked me to leave. I knew and he knew that I knew I was in violation of the CFR. This went well but it could have gone an entirely different direction.
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