What is "Recreational Mining"

Recreational mining is an overall term used to describe recreational activities undertaken using different types of mining equipment. It is also has been referred to as "casual mining", "recreational prospecting", "recreational panning", "recreational gold panning", "recreational sluicing", "recreational dredging", "recreational gold dredging", "recreational suction dredging", and "recreational mineral prospecting".

Recreation has been defined as "the use of leisure time for personal satisfaction and enjoyment and for physical and mental health". Inherent in the search for valuable minerals is always the hope of "striking it rich" and so there may be economic benefits derived from recreational mining activities. But ask those who enjoy recreational mining what their motivation is, and most will answer about "the sense of adventure" or "the connection with the past" or very often "the thrill of the hunt"! The Dictionary of Mining, Mineral, and Related Terms (Second Edition June 1, 1997) by the American Geological Institute defines "recreational mining as "mining as an avocation rather than as a business". Avocation in this context means "An activity taken up in addition to one's regular work or profession, usually for enjoyment; a hobby".

Recreational mining does differ from normal prospecting and mining in another very important way. Professional prospectors and miners usually seek to obtain the exclusive rights to a valuable mineral deposit, often by staking mining claims. Recreational miners, on the other hand, generally desire areas open to the general public. What recreational miners want are known areas, generally with easy access, where they can go to search for valuable minerals. Mining claims represent areas a recreational miner is excluded from unless special permission is obtained. The intent of this site is to focus on areas specifically reserved for recreational mining activities.

Engaging in recreational mining does not make one exempt from the mining laws that exist. A recreational miner operating on land open to mineral entry (mining claims) could certainly find a valuable mineral deposit, stake that deposit, and operate a mine. A professional miner can also take friends to a recreational mining site to show them how to pan for gold. Engaging in one type of mining does not exempt a person from any other type of mining. In almost all cases what you may do will be determined by the land status of the property on which you are operating, and not any type of declaration of intent. Ultimately, for any person engaging in professional prospecting or commercial mining, it will be the Internal Revenue Service (IRS) that makes the determination of whether or not a person is engaged in business or hobby pursuits. See Is it a Business or a Hobby? by the IRS for details. Professional prospecting and mining is a business, not a hobby.

To sum up, the Recreational Mining Website defines "recreational mining" as "engaging in mining activities for hobby, sport, or recreation". This paraphrases how the IRS looks at the question of recreation versus business.

Since recreational mining often takes place on public land closed to mineral entry, or on private property, it is important to know that rules can vary from location to location. The type and level of activity is generally subject to whatever rules the land manager or owner has put in place, and so it is not to be assumed because something can be done in one area that it will be ok somewhere else. The rules are "site specific". When operating on unrestricted state or federal land, recreational mining usually falls under the definition of "casual use" or "generally allowable uses".

Questions & Answers (FAQ)

Q. If I use a gold pan, am I recreational mining?

A. You are not necessarily recreational mining simply because you are using a gold pan. Recreational mining is not defined by the equipment you use. A professional prospector may use nothing more than a gold pan to explore for or evaluate a potential mineral deposit. Whether you are recreational mining or not is defined strictly by your intent. Many equipment guidelines originally intended to set limits on what IS NOT regarded as recreational mining are now being misinterpreted to mean that using anything less is automatically recreational use. The mining laws set no minimums on equipment size, and to this day the gold pan is a tool of choice for the professional prospector.

Q. If I am a recreational mining, am I giving up my rights under the Mining Law?

A. A recreational miner does not "give up " rights as a citizen to operate under the general mining laws. A person can engage in recreational mining one day and be out prospecting under the mining law the next. A recreational miner operating on land open to mineral entry could certainly find a valuable mineral deposit, stake that deposit, and operate a mine. The mining laws govern mining activities on land open to mineral entry and the laws require no prior statement of intent to apply. People have discovered valuable mines accidentally while hunting and they have not been exempted from the mining laws because their original intent was not to find a mine.

If this sounds confusing, consider commercial fishing versus sport fishing. Both are fishing but they are distinctly different activities with different intents. A commercial fisherman can go sport fishing and vice versa. Doing one thing does not exclude you from doing another. In most cases what rules and regulations apply will be determined by the land status of the property on which one is operating, and not any type of declaration of intent. If you operate on lands closed to mineral entry the mining laws regarding claim staking do not apply.

Q. Well, I have heard people say we should not use the term "recreational mining". Why is that?

A. The concept of mining for fun rather than profit is relatively new, and so no clear agreement exists on what recreational mining is, or even whether the term should be used at all. Some miners believe they are being incorrectly labeled as "recreational miners" in an attempt to exempt them from the mining laws and subject them to additional rules or restrictions. This type of improper use of the term "recreational mining" is certainly wrong, but it is no reason to pretend recreational mining itself does not exist. Professional prospectors and miners should know and satisfy the IRS rules regarding what separates a business from a hobby sport, or recreation. Any operator that has the IRS behind them will have a strong ally if another government agency attempts to misclassify them. See Is it a Business or a Hobby? by the IRS for details. Always remember that professional prospecting and mining is a business, not a hobby.

The United State Forest Service (USFS) prefers the term "recreational gold panning" instead of recreational mining. Their opinion is that mining is a business and not a recreation and that the terms are therefore mutually exclusive. There may be some validity to this argument, but the Forest Service carries it too far by referring to even the use of a suction dredge as "recreational gold panning". This also is very confusing. This insistence on using the term "recreational gold panning" may ultimately lead to all activities except gold panning eventually being eliminated from those areas designated as "gold panning areas" or "gold panning sites". Any casual observer is lead to believe these areas allow only gold panning, even if sluice boxes, suction dredges, or other types of mining currently are allowed. This makes it very easy to eventually eliminate these other types of recreational mining as being incompatible with a "gold panning area".

The fact is that the term "recreational mining" has long been in widespread use. Many people freely refer to themselves as recreational miners and acknowledge that they are doing it as a hobby. Very many sites exist on federal and state lands that have been specifically designated "recreational mining sites" and the term is used in law or statute giving the term legal status. Simply visit the Public Mining Sites page to see that this is the case.