A Golden Legacy - Placer Gold Claims Explained By Marlene Affeld

Finding the Mother Lode! Striking It Rich! As prospectors, we all have dreams of finding a bonanza while we enjoy the adventure of the hunt. The entire family can share in the fun of prospecting and finding the elusive mineral.

While there are numerous clubs and tourist attractions that offer the recreational prospector an opportunity to look for gold on their properties, if you have a serious case of “gold fever” you will want to purchase or locate your own claim.

Some people mistakenly believe that they can access any public land area and start prospecting just because it's listed as public land. Think twice, because if you start mining on someone else's claim, it’s claim jumping. Avoid legal complications, stiff fines and a lot of grief by always verifying claim ownership first.

Owning ones own claims saves a lot of complications. The 1872 Law allows prospectors to buy or stake a claim; an opportunity to create a 'real property' asset that you can use yourself to mine gold or lease it to someone else to work the claim for you.

The Mining Law of 1872 directs the federal government's land management policy. The law grants free access to individuals to prospect for minerals in public domain lands, and allows them, upon making a discovery, to stake a claim on that deposit. One must be a United States citizen to file a claim.

The 1872 Mining Law provides that “The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872, so long as they comply with the laws of the United States, and with State, territorial and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations.”

Mining claims are in either of two classifications, patented or unpatented. Under the 1872 Mining Law an unpatented claim gives the claimant a property right interest to the minerals in/on the claim and the right to utilize as much of the surface and its resources as is needed to extract the minerals.

The Mining Law of 1872 also establishes a process by which the claimant may bring a claim to patent. When a claim is patented, actual ownership of the minerals and the surface resources pass from the United States Government to the claimant. The 1872 Law states that once a claimed mineral deposit has been determined to be economically recoverable and a specified amount of work has been preformed, the claimant may then file a patent application to both the mineral and the surface rights.

In 1995 Congress enacted a moratorium on the issuance of patents. At the present time new patent applications are not being processed, however grand-fathered applications will be processed. Legislature to rescind the moratorium is presently in congress awaiting a vote and many are hopeful that the patent application process will once again be an option.

In the United States Supreme Court case of Wilbur v. U.S. (ex rel. Krushnic, 280 US 306) (1930). The Supreme Court ruled; “When the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of the term; and may be sold, transferred, mortgaged, and inherited without infringing any right or title of the United States.”

The right of the owner is taxable by the state; and is 'real property'. (State laws vary and it is prudent to be familiar with the laws of the state in which a claim is located.) The claimant/owner is not required to purchase the claim or secure patent from the United States. If a claimant complies with the provisions of the mining laws, his/her possessor's rights, for all practical purposes of ownership, are as secure as those granted by a patent. In essence, you own the mineral rights and may use as much of the surface as reasonably necessary for mining your property.

If you are the owner of a claim you may chose to mine or not. If you elect to actively prospect, explore, develop and produce the property the United States Bureau of Land Management (BLM) must be notified and proper paperwork processed. If you are on federal or state managed lands, be sure to obtain all necessary permits prior to commencing operations. If you plan to actively mine or not, maintaining ownership of your mining claim also requires the filings of the applicable documents and payment of fees annually with the BLM.

Ownership of a mining claim comes with some restrictions. All structures, fences, signs, roads and any man-made changes on the mining claim, must be reasonably incident to mining and included in a Notice or Plan on file with the BLM. If you wish to park an RV, trailer or set up camp on the claim and stay longer than 14 days, this request must be included in your plan of operations. If you are actively working the claim there are no restrictions; however, if your usage is strictly recreational, the 14 day rule may be enforced. If one chooses to actively mine his/her claim, the claimant is allowed to live on the property and may build temporary (and in some cases...permanent) structures if application is made with and approved by the BLM.

The primary purpose of a mining claim is to mine; however, a claim may be used for off-time recreational purposes. You may hunt or fish on the claim; however, be sure to have a state license or permit. A mining claim can also be an excellent base camp for ATV, horseback or snowmobile explorations.

The BLM requires an annual maintenance fee to satisfy assessment requirements. Actual labor can be performed as well to meet the assessment requirements. There also exists a small miners waiver which applies to claimants owning less than 10 mining claims. Once approved the Small Miners Exemption must be filed annually.

Wishing you success in your quest and may your pan always glitter with gold.

Resource: http://www.isnare.com/?aid=336696&ca=Education

Hoary Marmots of Montana By Marlene Affeld

The Hoary Marmot, largest of the North American sciurid rodents, is a fascinating, charismatic animal. Marmot population biology, their impact on the ecosystem, physiology and behavior is studied world wide. The only holiday in the United States to be named after an animal, is named for a marmot - Groundhog’s Day. Closely related to tree squirrels, prairie dogs and groundhogs, hoary marmots are the largest ground dwelling squirrels in the world.

Sociable, communicative and entertaining to observe, marmots often grow to the size of a large domestic house cat.

Although there are 14 marmot species worldwide, only two inhabit Montana - the hoary and the yellow-bellied marmot. Denning in rocky outcroppings, the hoary marmot is normally found in high alpine meadows and sub-alpine mountain slopes. Weighing up to 20 pounds, the hoary marmot is one of the largest rodent species in North America. The smaller yellow-bellied marmot builds dens at lower elevations and weighs about 10 pounds. In several parts of the world marmot meat is considered a prized delicacy and their fur is highly valued.

Marmots are normally found living in small family groups; one breeding male, multiple breeding females and their non-breeding offspring from previous years. A colony of 15 to 20 will live together in a system of burrows and hibernate together all winter. The range of a marmot colony is rather extensive and may cover several acres. The marmots roam freely and will cover most of their territory daily.

Marmot dens are usually found under large rocks or boulders which prevents a predator from digging them up and protects them from the elements. Marmot predators include the wolf, cougar, coyote, fox, owl and eagle.

Considered by many to be rat-like rodents, marmot colonies are often used for target practice, the carcasses left in the open to be devoured by the ravens. Similar to a prairie dog town, a marmot colony is destructive to a meadow and many ranchers attempt to eliminate the colony when the marmots intrude on private lands.

Marmot colonies are highly interactive and extremely vocal. Their trilling is an eerie sound. Early settlers called them “whistlers” because they emit a loud, piercing trill or whistle to alert the colony of danger. They seem to have several different alert signals, varying in pitch and intensity. “Heads Up - Here Comes A Bear” probably warrants the most attention. Marmots are an important food to both grizzly and black bears.

When they are not sunning themselves on lookout rocks, marmots are usually foraging for tasty vegetation, munching on lichen, leaves, flowers, roots, seeds and berries. A marmot's primary diet is vegetarian, however; they will occasionally snack on insects or road kill.

Relying on accumulated fat deposits, marmots hibernate through the hard cold of Montana winters. Depending on their location and the severity of the winter, marmots will hibernate from October through May.

Marmots normally have litters of three to five pups.

The marmots of Montana, and all other members of the genus Marmota, have thick, slightly curved claws. Equipped for digging, the claws are considerably heavier on the front feet than they are on the hind legs. Marmot palms are hairless with five pads, their smooth soles are also naked but have six pads.

Often described as “cute”, marmots have small, circular eyes and rounded short hairy ears. With their pelage, nature has provided perfect camouflage. The hoary marmots common name refers to its colorization which is an “icy” silver-gray. The front half of the marmot's back is normally black hair with white tips, the remainder of the back coat is dark brown. Cinnamon or brown heads tinged with a snow-white mustache give the marmot a comical expression.

Hoary and yellow-bellied marmots leave a lasting impression and are welcome addition to Montana’s wildlife heritage.

Resource: http://www.isnare.com/?aid=332430&ca=Education

Handsome Fish Hunters - Osprey in Montana By Marlene Affeld

Ospreys (Pandion haliaetus), when hunting on the wing, seem to glide effortlessly over the water. Smaller than an eagle, an osprey is still an impressive raptor. With wingspans of up to 72 inches and up to 24 inches in length and a weight of almost 5 pounds, the osprey is a wonderful addition to Montana’s rich abundance of bird life.

A Handsome fish hunters, the osprey has a distinctive white head and belly with rich, dark brown feathers gracing its back. The undersides of the wings are also snow-white except for dark patches and barred-brown flight feathers. Ospreys vocalize with a series of piercing whistles and chirps that become more intense if the nest is approached. Osprey nest just about anywhere in close proximity to water that provides safety and an abundance of food.

Osprey prefer to nest on the top of dead trees, however; their nests are visible on power poles, bridge trestles and rocky outcroppings. Montanans respect the osprey’s freedom and honor that by establishing nest locations. All along the rivers of Montana nest platforms especially designed for osprey safety and comfort have been installed. Such platforms are an integral part of re-establishing the osprey in areas where they have disappeared.

Even during their autumn migration to Central and South America, osprey follow the river valleys to stay close to water. Ospreys fly south from Montana in October, returning during March and April to rebuild their nests. Both the female and the male work to gather driftwood, branches and twigs to build their nest. However, it is the female of the species that does most of the labor of fabricating and crafting the nest. Ospreys assure the safety and comfort of their hatchlings by lining the nest with soft leaves and grass. Female ospreys frequently decorate their nests with bright bits of material, paper or plastic they have found.

Like the eagle, osprey will reuse nests from the previous year, patiently adding new material, repairing wind and weather damage and enlarging their comfort zone. Over time some osprey nests have grown to jaw-dropping dimensions.

The osprey's affinity for water is based on his diet which consists almost entirely of fresh fish. They rarely eat anything else. The osprey hunts by hovering over the water at altitudes of up to 200 feet, then diving feet-first to grab a tasty trout. Mother Nature has provide the osprey with extremely sharp, long claws and barbed footpads called spicules that enable it to grasp a slippery fish. The osprey also has a dense, oily plumage as well as nasal valves that prevent water from invading the nostrils when the osprey fiercely dives to capture its prey. Oddly, the feet of an osprey each have reversible front toes that facilitates their grasp in the water. However, ospreys can’t swim and several have been known to drown. This happens if they find their talons stuck in too heavy a fish and cannot become airborne.

When an osprey successfully snags a meal, it dramatically shakes its wings as it clears the water and then repositions the fish in its talons to face forward to reduce drag. The osprey will fly to a perch or if it has young, return to the nest to enjoy its meal.

In late April or early May the osprey lay their eggs. The normal clutch has three. Curiously, the eggs do not all hatch at once, with the first chick hatching up to five days before the last. Often the oldest chick becomes an overbearing bully, snatching up the choicest food brought to the nest by the parents and depriving its siblings of much needed nutrition.

The speckled appearance of osprey chicks in the nest provides excellent camouflage, however; many still fall victim to raccoons, owls and eagles. If they escape the claws of predators and are able to obtain enough food, the young ospreys will leave the nest in July or August. At about two months of age they are developed to the point of caring for themselves.

Ospreys have a complicated social structure. Normally ospreys pair for life, however; if the mating is not successful, they will seek new partners. When a female osprey chooses her mating partner, she doesn’t judge by good looks or fishing skills, but like her human counterpart, chooses the male with the best house (nest) in the best neighborhood (location). When ospreys are tired of the duties of parenthood, they will often withhold food to forcefully encourage the fledglings to leave the nest. Still wanting an adult to provide for them, osprey fledgling will often move to nearby nests where they receive food from other parent osprey.

When ospreys are 3 to 4 years old they will find a suitable partner and mate. Most male ospreys will return to the area from which they themselves fledged. The magnificent saga of the osprey continues.

Resource: http://www.isnare.com/?aid=332035&ca=Education

Montana's Woodpeckers By Marlene Affeld

If you spend time in the woods of Montana, you are undoubtedly familiar with the rhythmic rat-tat-tat of the woodpecker as it chisels its beak into the bark of a tree. Their familiar drum rolls are heard most often in the spring but are common all year long.

This drumming cadence is unique to the woodpecker and a welcome sound in the forest canopy. Both sexes of woodpeckers drum throughout the year, however; they are even more rambunctious and noisy during the breeding season. Drumming or hammering serves to advertise their territory and to attract a mate.

Much of the signaling, foraging and breeding activities of woodpeckers involves the woodpecker's bill. Woodpeckers have extremely strong bills for drumming and drilling on trees and long sticky tongues to extract food. Although used repeatedly over its lifetime, the woodpecker’s beak never needs sharpening. It can cut into a tree like a steel chisel and never dull.

To prevent brain damage, nature had provided a number of adaptations to protect the woodpecker’s brain. The bird’s brain is rather small and is positioned to minimize contact between the brain and the skull. The woodpecker’s eyes are also unusual in that a millisecond before contact with the tree, a thick nictitan membrane closes over the bird’s eye to protect it from flying debris. The slit-like nostrils are also protected by special feathers to cover them from wood dust.

Woodpeckers exhibit a diverse variety of vocal sounds including a strange rattle-like sound that is often vocalized during antagonistic encounters with other birds that encroach on their territory. Woodpeckers also emit a high pitched squeal that sounds like an injured animal. This sound is an unsettling warning to predators and has been known to “run cold chills down the back” of many a hiker.

Woodpeckers are monogamous and both sexes share incubation duties and care for the young. They will usually have from 3-6 hatchlings and normally mate once a year.

Woodpeckers are quite beneficial as they eat huge quantities of insects. They are especially appreciated for the role they play in controlling the current infestation of Mountain Pine Beetle that plagues the Northwest. When the beetle burrows into the bark and lays its eggs, the larvae feast on the substance of the tree for a year before reaching adulthood. About the size of a grain of rice, millions of these grubs are devoured by woodpeckers. With its barbed, long sticky tongue, a single woodpecker can consume as many as 14,000 grubs in a single season. A woodpecker’s diet also includes seeds, berries, fruit and tree sap. Huckleberries are a favored treat.

Wood-peckers inhabit coniferous and mixed forest groves across the state and resident woodpeckers can be seen throughout the year. Wood-peckers normally build their nests in dead or burned trees and are particularly attracted to areas marked by forest fire. Scientific studies show that woodpeckers are up to 20 times more abundant in burned areas versus unburned forests.

Montana is home to seven species of woodpeckers; Downy, Hairy, Black Backed, Three toed, Red-headed, the Northern Flicker and the Yellow-bellied and Red-bellied Sapsucker. These bird species are in the Family Picidae and are collectively called woodpeckers.

Cold north winds are a reminder that wild food is scarce for all the birds for the duration of the winter. Woodpeckers are attracted to birdfeeders that offer suet, raisins or peanut butter. Enjoy the delightful color of woodpeckers and happy birding.

Resource: http://www.isnare.com/?aid=332032&ca=Education