Are you "prospecting"/gold panning legally?
There are a good number of posts and comments in this subreddit that seem to think public land/NFS land is a free-for-all for gold-panning. I provide consultation to small operations who are looking at acquiring claims, as well as small refinement operations. This information is a great starting point for those who are considering getting into this as a hobby, or beyond.
If you want to enjoy this as a hobby, and be able to keep enjoying it as a hobby, it is important to know the laws, both federally and in your state, surrounding this.
The most important point to be made is this; Under 43 CFR (36CFR for NFS land), specifically §8365.1-5 and §3505.11, the public may collect reasonable amounts of rocks, semiprecious gemstones, and minerals for non-commercial hobby, scientific, or educational purposes.
What this means ultimately is that it is illegal to sell any mineral acquired on land that you do not own the mineral rights to.
Does this mean I need a claim to pan for gold? No. Most states allow gold panning on unclaimed public land using hand tools and pans - anything more advanced will require you to be on your own claim, and even then many types of equipment still require permitting. BLM allows "Casual Use" which means minimal or no disturbance. If you locate an area that is open to mineral entry, look into creating a placer claim for it. If the set up/fees do not outweigh the value of what's there- go for it, legally.
What if the gold is processed from a rock? Can I sell it then? No. Removing "In-Situ" rock (meaning minerals in their original place; i.e. gold still trapped in a quartz matrix, even if it is not still attached to the vein itself) is beyond the scope of what is allowed for public mineral collection. Hard rock gold, even when detached from the original vein, falls under Lode Claim laws and must be staked/claimed as such. Taking the extra steps to process will make it harder to claim "non-commercial" use.
What about other rocks like agates or crystals? These are still minerals, and fall under the same laws/restrictions as above. You are welcome to collect them within your state's allowed limit by weight (some states have different restrictions, know your local laws), but selling them is still illegal without a claim.
What if I just claim a random piece of land? Could it be proven that my minerals came from somewhere else? Yes. Please do not do this. You will face legal charges and create bad faith will the BLM which could disqualify you from placing future claims and invalidate existing ones.
Hope this is useful to anyone finding their way into this world!