[Rockhounds] Abandoned mines: Who owns them?

[Bob Loeffler]

Hi all,

Someone asked me whether we (rockhounds) can go dig in a mine dump/tailings
if the mine is abandoned.  I wasn't sure what to say, so I stated the safe
answer:  No, it has to be owned by someone so you shouldn't until you can
get permission from the owner (whether it's a company or the government).

So my question to all of you is:  Who owns a mine if it has been abandoned?

One would think that if a mine really has been abandoned, then it's mineral
rights should go back to whichever government entity it was originally
purchased from (e.g. the Federal government [BLM, NFS, etc] or the state in
which it's located).  I wanted to research it a little and here are two
definitions that I found on the web:

- A mine is considered abandoned if there are no identifiable owners or
operators for the facilities, or if the facilities have reverted to federal
ownership. 

- A mine is considered to be inactive if there is an identifiable owner or
operator of the facility, but the facility is not currently operating and
there are no approved authorizations or permits to operate.

Therefore, an abandoned mine's ownership could revert back to the Federal
gov't, but will it always do that?  And if so, can I then stake a claim on
it?

I know that there is a difference between patented and unpatented mines, but
I'm not sure what that exactly entails.  I thought that if a mine is
patented, then it will always be private property, but is that true?

Any help would be appreciated.

Thanks and regards,

Bob L.