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…

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.

AMRP-DOGM feels this sign is 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 $$$ to post bonds and promise to reclaim [read erase] these historic
sites? Are they a white hat agency or are they trying to generate revenuesand
perpetuate a fraud on the American people? STOP THE CLOSURES. Support the
National Historic Mining Initiative!

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 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. Historic Mining Overviews [HMOs] are needed in 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
many parts are a gross violation of Sec 106 provisions.
7. Balance Stay Out-Stay Alive programs with Adopt a Dump, Hug a Headframe,
Mother a Mine, and other educational outreach programs.
8. Eliminate the coal tax and resist royalty schemes.
9. Remove restrictions in order to publish all data collected in inventories and
AMRP cultural resource surveys.
10.Conduct and facilitate tours to educate the public regarding safe mine
exploration.
11.Promote responsible remining and the good Samaritan exclusion to the
responsible party rules.
12.Publish, disseminate, broadcast and create signage for all significant historic
mines in the West.

The National Historic Mining Initiative