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IF it was the intent of these agencies to criminalize exploration, then this law needs to be repealed.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.

AMRP-DOGM The Abandoned Mine Reclamation Program of the Division of Oil

Gas and Mining in the State of Utah feels this sign is an example of adequate
and “clearly marked.” However, the sign only tells us that the area (Gold Hill
Utah) is a reclamation project. It does not mark a mine. It does not state which if
any openings have been closed and/or protected from entry.

Maybe DOGM feels that this marker complies with the law as enacted by the Utah State
legislature. How long does the medallion’s declaration that this is an “abandoned mine area”
last? Until the landowners reopen the mine, after having first complied with DOGM
regulations. 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 (1988) 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.