Fossil Collecting on Mining Claims

[DPS Ammonite]

Are you able to collect fossils legally using the BLM and US Forest Service rules if there is also a mining claim for a locatable mineral such as copper or iron etc? Assume the fossils have no legally locatable mineral in them such as copper or precious opal. For example, a company files a claim for copper in 2 square miles of land in the desert with lots of non mineralized fossiliferous limestone.

 

Another example: a company files a 2 square mile claim for coal. Can you collect the fossils in the sandstone in the surface? Assume the land is not fenced off and being actively mined. Can you collect the fossils?

 

A peer reviewed paper, law citation or case citation is helpful. 

 

Edited September 7, 2021 by DPS Ammonite

[Sjfriend]

Can't say for positive but I assume from what I've read before (on gold claims) that a claim basically gives them access to all rocks within. The owners can give permission to collect but they have all mineral rights usually. And limestone / sandstone are included. The BLM (if on BLM lands) can tell you if the claims are still active

[Rhiguita]

I remember reading that there was a court case in Montana that found that fossils are not part of the mineral rights claims, so you might be fine at least in that state as far as I can tell, unless the mining claims contract specifically states fossils. this only applies to Montana from what I read, but in other states I think you should be fine as long as you get permission.

 

some sources

https://www.pbs.org/newshour/science/court-says-dinosaur-fossils-worth-millions-arent-minerals

https://www.science.org/news/2020/05/court-rules-dueling-dinos-belong-landowners-win-science

[hadrosauridae]

The mining claim gives the claimant access to any and all minerals within the claim.  The surface rights, and public access are still open, as long as it isnt interfering with mining operations. While the fossils arent a mineable mineral, you could be charged with mineral trespass and/or mineral theft (aka "claim jumping") for taking any type of rock off a claim without permission.