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 Post Posted: Thu Sep 19, 2013 4:15 pm 
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I had to scan this document in .jpg format to get it to post. Thats why it is a little grainy. Rock Chucker posted a similar form last year. If you would like a printable copy please email me and I can send you a copy in .pdf, .docx, or .doc or just about any format you require to print out and have on record for future needs. These formats can not be attached to PM's. So please do not request one by PM.

Please email me at.

kodiakcharlie@gmail.com

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 Post Posted: Thu Sep 19, 2013 4:54 pm 
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Charlie, The word "recreational" should not be used, even when prospecting on private property. This is one way the evniros are getting areas closed to mining. We are small miners and as such we have rights under the 1872 mining laws. The laws protect miners but NOT recreationalists and when we call ourselves "recreational" that EXCLUDES us from ANY mining rights. This is how Ca. and other states got the dredging shut down. I use a permission form, written by a lawyer, which I have sent to several members on here and the GPAA forum. It is in Microsoft Word format and cant be posted to this forum. Anyone wanting this can pm me with an e-mail and I will be more than happy to share it, but please do not call yourselves "recreational" or "hobbyist"

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 Post Posted: Thu Sep 19, 2013 4:58 pm 
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Good Point. But some states such as Indiana call thier regulations "Recreational Prospecting Regulations"

http://www.in.gov/dnr/water/files/wa-Go ... ochure.pdf

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 Post Posted: Thu Sep 19, 2013 5:04 pm 
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No matter what the states call it, we have to call ourselves small miners, states that use the word recreational are inviting more and more restrictions. Jerry Hobbs done a great talk on it, I will see if I can find it

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 Post Posted: Thu Sep 19, 2013 6:09 pm 
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I see it both ways, and I think both should be available, and it depends on your state and land owner you are dealing with. Some land owners are fine with the term "recreational prospecting" but not "mining". Sometimes they are leery of what is going to go on.
Some states do not allow "commercial mining", even on privately owned lands, without going through a permitting process. So having a document in your hands when the DNR shows up that says you are "mining" can get you fined or kicked off.
I REALLY understand the points Jerry made, but some states have no federal claims covered by the mining act and simply regulate "recreational prospecting". It's always best to get rid of the term "recreational" unless your state restricts commercial mining which many on the east coast do. In the end... it's best just to be VAGUE... and use the term "prospecting". Just my two cents for my area. Each state is different.


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 Post Posted: Thu Sep 19, 2013 6:21 pm 
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Thanks for your input Doc!

I agree that if you approach a property owner and say you are a recreational prospector they are less reluctant to let you use thier creek than if you said you wanted to mine it. When you say you want to mine it, I'm sure they have visions of GOLD RUSH, GOLD RUSH ALASKA and a few other TV shows. If you say you want to mine, I'm sure you'll be told to get off the property.
Explain to them what you will be doing and even show them the equipment. Be friendly and answer thier questions. Even offer them a little of the gold you may find. That's always worked for me. Ask them to come down and watch. Just doing that calms thier fears and has always resulted with a freindly "Come Back Anytime You Like" from the property owner, for myself anyway.
And one more bit of advice. If you're High Banking don't leave the property looking like a bomb cratered WW II Berlin. Fill in your holes if the are visable. Pick up your trash and any that may be in the area you prospected even if it's not yours. That alone impresses property owners. Ask them if they want to inspect where you prospected before you leave. Always thank them when you are done.
If the property owner trust you'll do the right thing and not destroy his property, there is usually no problem prospecting there again. Just use common sense. Respect thier property just as you would expect someone else to respect yours.

To cover both sides of the fence here's a permission form that uses just "Propecting" or "Prospector". As Doc stated, know your states regulations. Use the form you are comforatble with. I didn't do this form to create controversy. Just trying to help those that require written permission in thier state if using private land.

If you email me please specify which form you want.

kodiakcharlie@gmail.com

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 Post Posted: Thu Sep 19, 2013 10:05 pm 
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Took us two years to get our land lease. Had to be very specific about what we would do and make sure the land owner was comfortable. It's a different world with private lease than with BLM land for sure.


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 Post Posted: Thu Sep 19, 2013 10:19 pm 
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Just to make a small point, it is not just about the western states, Ca is just the testing grounds for a new generation that are not just about conservation, but preservation. Meaning NO human interface. Look closely at the reasoning for the dredging ban in Tennessee. It uses the term "recreational dredging" and "recreational prospecting" which is why there is no legal recourse because there are no rights for recreational activities. Law is extremely dependent on precise wording. It can work for you, or against you.
Also, if you look at the post I made here:
viewtopic.php?f=5&t=632 posted on Tue Mar 12, 2013, you will see the form I use says prospector. As I said, it was written by a lawyer so the terms were not agressive (as in saying small miner) but also not passive (as in using the term recreational) as to allow our rights to be taken away.

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 Post Posted: Fri Sep 20, 2013 9:33 am 
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The reasoning for the temporary ban in Tennessee is there were no regulations on the books for any type of recreational prospecting. The only thing that was regulated was commercial mining. All they relied on was a very liberal interpretation of "Tennessee Clean Water Act". It was the free for all, lack of common sense approach by recreational prospectors that brought about the temporary ban.
There is no legal recourse, not because of the use of the term "Recreational Prospecting", but by the fact that the Mining Law of 1872 governs mining on Federal Land Claims and Federal land not state land or waterways governed by a state. In Tennessee, all waterways are governed by the state. In Tennessee it makes no difference what you call yourself, Recreational Prospector, Prospector, or Small Miner. In Tennessee and most other states in the east the Mining Law of 1872 holds no precedence in our rights to prospect. There are no Federal lands open to establishing "Claims".
The State of Tennessee decided to shut down all high banking and dredging until they could put regulations in place that would prevent the destruction that was being caused. And yes there was wholesale destruction going on. It had exceeded what one would classify as recreational prospecting.
The TWRA is in the process of issuing recreational prospecting regulations. They have been working on them for over a year now. They have worked with many recreational prospectors to develop these regulations to try and find a happy medium between the concerns of both parties. However not everyone will be happy with the new regulations.
It would be nice to have an environment where you didn't have to be regulated. The majority of us have and use common sense when prospecting. Then there's the 1% that don't and the rest of us suffer for it.
The permission form I posted is primarily a release from liability form for the property owner. That is the primary concern of most land owners. Not being sued if you hurt or kill yourself on thier property.
This is an agreement between you and a private land owner. No more, no less. Regardless of what you call yourself.
Don't misunderstand me. I'm 110% for the rights of everyone to prospect using all types of equipment. I just don't believe what you call yourself derives where and what governs your rights. I don't like regulation. But the requirement for regulation has been brought about by the senseless acts of a few. At least in Tennessee. And yes, there are environmentalists that see us as demons because we don't fit into thier "Perfect Little Environmentally Pure World". They'd like to make us disappear. And yes, we need to stand up against them. But I've also met environmentalists that were pro prospecting also.
So regardless of what you want to call yourself, for whatever reason keep in mind the future of prospecting is being determined by what you do...the individual. Know where to stand your ground and fight your battles. Respect nature and above all else use the common sense God gave you when you are out prospecting. At least that's a start.

And I'll say it again.......The only reason I posted the permission forms was to help people gain access to private land. Not to start a debate over the legality of what you claim to call yourself.

Here's a copy of the original Mining Law of 1872 without amendments from the Library of Congress if you wish to read it.

http://www.jeffersonminingdistrict.com/ ... 2/1872.pdf

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 Post Posted: Fri Sep 20, 2013 11:14 pm 
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I understand your point, the only point I tried to make is no matter where you are, North, South, East or West, what we call ourselves and how we present ourselves affects prospectors as a whole. The enviros dont care where we are, just what we call ourselves. Both points made, truce called. Lets get some prospecting done

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