This page is under construction. We are adding FAQ’s as quick as possible. If your question is not listed feel free to email us at Republicmining@yahoo.com and we will be happy to help.
Q: Can I live on a Mining claim?
A: The short answer is no, the long answer is yes. You technically can if you jump through a lot of bureaucratic hoops and obstacles. This process is difficult and can take years. I do not recommend buying a mining claim with the intent of living on it, it is just not worth the hassle.
Q: Is dredging legal?
A: Government mining regulations are moronic, ever changing, contradictory, and in many cases are impossible to interpret. Because of this we do not generally give legal advice on mining regulations. We do categorize some claims as “Legal to Dredge”. By this we mean that the Oregon DEQ categorizes these claims “Non-essential salmon habitat”. Local miners interpret this as meaning the claim is open for dredging. Please do your own research on laws and regulations.
Q: Can I use an excavator on my claim?
A: As with dredging this is another question that is all screwed up by the government. The government breaks down the use of a claim as “casual use” and “exceeding casual use.” If you exceed use you need then need to file a plan of operation with either the BLM or USFS depending on where your claim is located. When you exceed casual use is not clearly defined and is very complex. Volumes of books and case law have been written on the subject.
To add to the confusion, it is ultimately up to the miner to decide if they have exceeded casual use. However, the BLM can override your decision and then demand that you file a plan of operation. The good news in all this confusion is that if you do make a mistake in determining if you have exceeded casual use, you generally will not get in “trouble” unless you do something particularly egregious. Unfortunately, due to the complexities, contradictions, and ever-changing regulations, this is all we can really say on this matter.
Q: What paperwork do I have to do each year to keep my claim?
A: There are two ways to keep your claim. First is the route of the small miners waiver. Second is to pay your yearly maintenance fee. I only recommend paying the yearly maintenance fee so I will elaborate on that. All you have to do is fill out this form along with payment and mail it to the BLM state office in the state where your claims are located. If your claims are in the State of Oregon that would be this address; 1220 SW 3rd Avenue Portland, OR 97204. Maintaince fees are due on or before September 1st.
Q: Will BLM send me a reminder to pay my yearly maintenance fee?
A: No. Nor is there any leeway for late payments.
Q: Can I sell my mining claim?
A: Yes. Mining claims are deeded real estate and can be sold, leased, and rented. In short to sell a mining claim you must first receive payment, fill out and notorize a Mining Claim Quit Claim Deed (available at most mining stores), record that deed at the county courthouse (where the claim is located), and then mail that deed to the BLM state office.
Q: How many claims can I own at once?
A: As many as you want.
Q: Can I allow others to use my claim?
A: Yes the claim is yours to do as you please. You can allow whoever you wish on your claim under whatever conditions you wish.