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The public has the right to cross mining claims for recreational and other purposes and to access Federal lands beyond the claim boundaries. For these reasons, claimants may not maintain locked gates across public access routes, unless afull- time attendant is available and the locked gate is approved under a plan of operations. Under a plan of operations, approvals for locked gates may be given for the protection of an operator's equipment and facilities. These approvals usually restrict the operator to a fenced wmpound sur- rounding the immediate area of operators. Claimants should not wnstrva permanent swc- tures or store equipmem or mobile structures without prior approval of the authorized Federal official. Intennittem or casual mineral explora- tion and development do not normally justify the use of such structures. The right of access to a claim across Federal lands does not mean that the mining claimant has a right to cause unnecessary or undue degradation of the resources. Vehicles used for exploration or mining purposes ate not permitted in areas that are temporarily or pemranently closed to vehicle use. For example, on lands administered by the BLM, in areas designated as closed to off-highway vehicle use, an approved plan of operations is required for new road conswction and use of existing roads. The claimant is liable for damages if found responsible for unnecessary loss of or injury to property of the United States. Issuance of a notice of trespass may occur if an unpatented claim or site is (1) used for a homesite, place of business, or for other purposes not reasonably related to mining or milling activities; (2) used for the mining and sale of leasable minerals or of mineral materials, such as common varieties of sand, gravel, or building stone: or (3) located on lands that for any reason have been withdrawn from location of mining claims afer the effective date of withdrawal. 26 Mining claims and sites located on lands after the effective date of a withdrawal are null and void. No rights ate associated with claims declared null and void by the BLM. However, a claim or site located before a withdrawal is in effect is wnsid- ered avalid existing right To have valid existing rights in this situation, a discovery (including an actual physical exposure) must have been made before the date of withdrawal. Individuals who disturb resources afer the effective date of withdrawal and who do not have valid existing rights may be considered in trespass and can be held liable for trespass damages. In addition, trespassers may be fined and sentenced to a terrrr in jail. MINERAL PATENTS A patented mining claim is one for which the Federal Govem- .Q~s~S ment has passed its title [o the claimant, making it private land. A person may mine and remove minerals from a muung c arm wrthout a mineral patent. However, a mineral patent gives the owner exclusive title to the locatable miner- als. Inmost cases, it also gives the owner title to the surface and other resources. Requirements for filing mineral patent applications maybe found in 43 CFR 3860 and BLM State Offices. Mineral patents can be issued for lode and placer claims and mill sites, but not for tunnel sites. Patenting requires the mining claimant to demon- strate the existence of a valuable mineral deposit that satisfies the prudent man and marketability tests (discovery). In addition, the applicant needs [o (1) have the claim surveyed (if it is a lode claim, a claim described by metes and bounds, or a claim situated on unsurveyed land) by a mineral surveyor selected from a roster maintained by the BLM State Office; (2) post a "nonce of intent to 27