Criminal trespass of abandoned or inactive mines

[CaverStretch]

If I'm beating an drum, sorry. I just came across this and was curious if anyone had ever seen it or what it actually means.

Thanks
Robert


Utah Code
Title 76 Utah Criminal Code
Chapter 6 Offenses Against Property
Section 206.1 Criminal trespass of abandoned or inactive mines -- Penalty.


76-6-206.1. Criminal trespass of abandoned or inactive mines -- Penalty.
(1) For purposes of this section:
(a) "Abandoned or inactive mine" means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.
(b) "Enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) the person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine; or
(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
(3) A violation of Subsection (2)(a) is a class B misdemeanor.
(4) A violation of Subsection (2)(b) is a class A misdemeanor.

[RockRacer]

Has that been around for awhile, or is it a somewhat new regulation?

[rhartill]

Not terribly new, see this article on scribd:

http://www.scribd.com/doc/7494623/Exploring-Mines-Not-IllegalNational-Historic-Mining-Initiative

In summary, it IS illegal to tamper with mines that have been clearly marked as abandoned and closed to entry. Abandoned mines which ARE NOT
clearly marked have no such prohibition against entry. In my humble legal opinion, that is...

-Russ Hartill, JD

Text of above mentioned article:


Exploring mines in Utah is NOT illegal

Entering a mine in Utah is illegal? News to the hundreds employed in the mining industry in Utah, and news to hundreds of mine explorers
who enter Utah’s mines legally and with landowner permission… The State of Utah passed this law at the request of the agencies
involved in closing non-coal mines in order to discourage vandalism of the closures they have put in place in some of the most historic and culturally significant areas of Utah. Read carefully, it does NOT make mine exploration illegal in Utah, despite what official agency
declarations may indicate.

76-6-206.1. Criminal trespass of abandoned or inactive mines -- Penalty. (1) For purposes of this section: (a) "Abandoned or inactive mine"
means an underground mine which is no longer open for access or no longer under excavation AND has been clearly marked as closed or
protected from entry. (b) "Enter" means intrusion of the entire body. (2) A person is guilty of criminal trespass of an abandoned or
inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204: (a) the
person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine;

or

(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of
protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
(3) A violation of Subsection (2)(a) is a class B misdemeanor. (4) A violation of Subsection (2)(b) is a class A misdemeanor.
Enacted by Chapter 223, 1997 General Session Italics and bold face words are added to emphasize the restrictions imposed by the
statute on anyone attempting to enforce same. IF it was the intent of these agencies to criminalize exploration, then
this law needs to be repealed. But as it stands, “unlawfully” means without permission of the landowner.

Do we have a right to explore the public lands and enter mines thereon?

YES, if such mines remain UNclearly marked as closed or protected from entry.

Why does the DOGM continue to burn the books and close these openings? Is it for public safety, or is to the ensure that landowners and claimants have to spend multiple thousands of $$ to post bonds and promise to reclaim [read erase] these historic sites?

Are they a white hat agency or are they trying to generate revenues and perpetuate a fraud on the American people? STOP THE CLOSURES!

The National Historic Mining Initiative
1. Extend the Cave Protection Act (198 to include significant historic mines throughout the western United States and beyond.
2. Define significant historic mines to include at a minimum all mines that are currently listed in Mindat as type localities.

http://www.mindat.org/

3. Recognize that historic mines are books that should not be “burned” (closed) but remain open to read by the scientific, historic, educational
communities, and studied, interpreted and findings presented to the public.
4. Publish Historic Mining Overviews [HMOs] for each State.
5. Require AMRPs to utilize landscape architects, historical archeologists, industrial archaeologists , historians and mineralogists to assess each
potential mine closure.
6. Address concerns with the FAST program http://www.abandonedmines.gov/ as rapid closure of mine openings impacts the significance and
integrity of potential Historic Register eligible sites.
7. Balance Stay Out-Stay Alive programs with Adopt a Dump, Hug a Headframe, Mother a Mine, and other educational outreach programs.
8. Remove restrictions in order to publish all data collected in inventories and AMRP cultural resource surveys, to allow for nominations
to the NRHP and for public education.
9. Conduct and facilitate tours to educate the public regarding safe mine exploration.
10. Promote responsible remining and the Good Samaritan exclusion to the responsible party rules.
11. Eliminate the coal tax and resist royalty/leasing schemes and similar modifications of the 1872 Mining Laws.
12. Disseminate the histories for all significant historic mines/districts in the West.

For more information see:

http://www.adoptamine.org

and

http://www.historicmines.org

[RockRacer]

Thanks for posting guys!

[Mike]

Already been discussed a year and a half ago:

http://www.mojaveunderground.com/forum/viewtopic.php?t=241

It is in fact NOT illegal to enter an abandoned mine. They just try to make it that way.

Remember to use the search function

[Jeff]

Thanks for the clarification Russ, It is greatly appreciated.

[Mark1955]

Thanks for all that info Russ... it's very interesting. Also, someone told me that if you do get caught it's only a $50.00 fine... and I'd gladly pay the $50.00 to explore just about any mine...

Mark