A 154-year-old U.S. law lets people ‘claim’ gold and silver underground. But there’s a catch
After living in Cerro Gordo for six years, Underwood found a way to take things up a notch
Many Americans may not know that they can claim public land to extract the minerals underneath it and keep the profits. Brent Underwood (@GhostTownLiving) is an American entrepreneur with a dream of restoring the ghost town of Cerro Gordo. It was one of the largest silver mines in California before it ran out. After being abandoned for 100 years, Underwood wishes to "breathe life back into this town." In a video from March 29, he shared how he used a 154-year-old law to "legally claim U.S. land" without buying it.
Underwood has been living in the ghost town of Cerro Gordo for six years and has found a way to claim the minerals under a plot of public land. In 1872, the government passed the General Mining Act, allowing anyone in the West to stake a claim over the minerals under a piece of land. After 154 years, the law remains active, and Underwood decided to take advantage of it. However, it is not as straightforward as it sounds. There are a few steps to follow before he can begin mining.
To begin the whole process, the first step is figuring out which part of the land can be claimed. Private land, national parks, and wilderness lands cannot be claimed. Land under the Bureau of Land Management (BLM) that has been withdrawn cannot be claimed either. The BLM has a Mineral and Land Records System website where you can check which land is available. After selecting a few plots, Underwood went to the site to collect samples to check if there were any valuable minerals in the area. After selecting a plot, Underwood had to prove that the land contained enough minerals to justify spending time reopening the mine.
West refers to the 'Prudent Man' law that applies here. Dating back to a Supreme Court case in 1894, it asks the claim-er if a prudent man would spend their time and resources digging up the plot of land. The answer lies in the mineral density beneath the soil, and one should be armed with that answer before even considering filing a claim.
The next part is to stake a claim. To do this, one must physically claim the land using 4x4 stakes and show the legal documents to the county. Some people would attach an old tobacco tin to the stake and put a copy of the legal document inside. The document would contain the name of the person, what is claimed, how big the land is, when the discovery was made, and a certificate. However, the claimed land is not to be treated like private land. Underwood is not allowed to build a cabin on it, build a fence around it, or turn it into his private property. All he has access to and rights to are the minerals underneath the soil. The last step before legally owning the land is going to the courthouse to file the claim and then present the documents to the county and the BLM. It cost them $98.09 total to successfully file their papers.
West's mining quickly brought up quartz stones with galena inside, followed by 20 lbs of "shiny material," most likely gold.
245 million acres of federal land and 700 million acres of mineral estate are being managed by the Bureau of Land Management (BLM). The majority of this land is located in the West, and it is used for different purposes. The land can be used for livestock grazing, conservation, recreation, and energy development. Additionally, the BLM-managed lands contain at least 30% of America's minerals.
Brent Underwood's video has received 3.2 million views and 81k likes in just five days. People admired his hard work and are encouraging him to keep doing what he's doing. They have also shown him that they care. @LeeJDo advised, "Brent, dude, you need a real respirator. That galena is, as you know, just full of lead. No matter how good a job pitching the mask might do, you’re going to be breathing in powdered lead." @arielvalentine2500 wrote, "I've always thought it was funny that you have the look of an old west prospector, the name of an old west prospector, lived in an old mining boom town, and now you're actually going prospecting. So, I guess you truly were born for this."
You can follow Brent Underwood (@GhostTownLiving) for more updates on his journey to revive Cerro Gordo.
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