There's discussions among local miners about whether mining and/or prospecting is allowed in areas of federal lands which are formally withdrawn from location and entry under the mining laws of the United States. The answer is "no," unless it's on a valid existing mining claim or under a federal government permit. [1]
Removing minerals from areas withdrawn from operation of the mining laws, would be like logging trees on federal lands outside timber sale boundaries without a permit or chiseling chunks of marble from the Lincoln National Memorial. In other other words, it would be theft of federal property—property that belongs to all Americans, including future generations. The general mining law of 1872 grants individuals and corporations inordinate rights on federal lands open to the mining law. But it seems some want it all and insist they can mine in areas withdrawn from operation of the 1872 Mining Law.
BLM, who manages the minerals on all federal lands, explains valid existing rights:
Removing minerals from areas withdrawn from operation of the mining laws, would be like logging trees on federal lands outside timber sale boundaries without a permit or chiseling chunks of marble from the Lincoln National Memorial. In other other words, it would be theft of federal property—property that belongs to all Americans, including future generations. The general mining law of 1872 grants individuals and corporations inordinate rights on federal lands open to the mining law. But it seems some want it all and insist they can mine in areas withdrawn from operation of the 1872 Mining Law.
The Bureau of Land Management's definitions for land withdrawals in general and mineral withdrawals specifically state that areas withdrawn from the mining laws are closed to mining. This is from the BLM's website:
Closed to Mining: This term means the surface and subsurface estates are closed to disposition under the 1872 mining laws. Below are examples of actual language used in withdrawal orders; all three examples have the same meaning.
"Withdrawn from location and entry under the United States mining laws (30 U.S.C. Ch. 2)." (The current language used.)
"Withdrawn from operation of the mining laws."
"Withdrawn from appropriation under the mining laws."
The terms mineral "location" and "entry" are defined in Mount Royal v. Kempthorne:
Mineral "location" is "the act or series of acts whereby the boundaries of [a] claim are marked."Cole v. Ralph, 252 U.S. 286, 296, 40 S.Ct. 321, 64 L.Ed. 567 (1920). "Mineral entry" refers to "[t]he right of entry on public land to mine valuable mineral deposits." Black's Law Dictionary (8th ed.2004).
BLM, who manages the minerals on all federal lands, explains valid existing rights:
Holders of mining claims and sites located within lands later withdrawn from mineral entry must prove their right to continue to occupy and use the land for mining purposes. The owner must demonstrate they contain a discovery of a valuable mineral deposit and/or are used and occupied properly under the General Mining Law , as of the date of withdrawal and as of the date of the mineral examination. Mining claims or sites whose discovery or use or occupation cannot be demonstrated on the date of withdrawal or the date of mineral examination have no valid existing rights and will be contested by the Department.
Miners often claim they're just "prospecting" in withdrawn areas and that doesn't count. However, the Forest Service's surface mining regulations at 36 CFR Section 228.3 definition of a mining operation includes prospecting:
(a) Operations. All functions, work, and activities in connection with prospecting, exploration, development, mining or processing of mineral resources and all uses reasonably incident thereto, including roads and other means of access on lands subject to the regulations in this part, regardless of whether said operations take place on or off mining claims. Emphasis added. See Forest Service's mining regulations here.Congressionally designated Wilderness Areas and "Wild" segments of National Wild and Scenic Rivers are withdrawn from the mining laws in the legislation. In Southwest Oregon, the Kalmiopsis, Wild Rogue, Red Buttes and Grassy Knob Wilderness Areas are all withdrawn from operation (or appropriation) of the mining laws.
There are other areas that are withdrawn for other purposes. For example, the Scenic segment of the Illinois River from Deer Creek downstream to Briggs Creek is withdrawn under the authority Congress provided the Secretary of Interior in the Federal Land Policy and Management Act. The Scenic and Recreation segments of the Wild and Scenic Chetco River have been temporarily withdrawn from location and entry under the mining laws.
See also Earthworks on the General Mining Law of 1872.
[1] There may be a few areas that were specifically withdrawn for the purpose of providing opportunities for gold panning but this is stated in the purpose of the withdrawal. There also appears to be some inconsistencies among land managing agencies on activities on activities allowed in withdrawn areas.
