Forrest service regs to keep in your wallet

Oakview2

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Feb 4, 2012
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2813.13b - Claims Validated Subsequent to Act of 1955

Such claims which otherwise come under Title 30, United States Code, Section 612 (30 U.S.C. 612) carry the same surface rights as those described in section 2812, except for the following modifications:
1. Right to occupancy and use necessary for prospecting, mining, and processing, but not the exclusive right to the surface. Lands containing such claims are subject to the rights of the United States to manage and dispose of the vegetative resources, to manage other resources except locatable minerals, and to the right of the United States, its permittees and licensees, to use so much of the surface area necessary for such purposes and for access to adjacent lands.
2. Right to cut timber on the claim for mining uses and for necessary clearing, except that timber cut in the process of necessary clearing cannot be sold by the claimant. The United States has the right to dispose of timber and other vegetative resources.
3. Right to additional timber required for mining purposes, if timber was removed from the claim by the Forest Service after claim location. The quantity and kind of timber to be provided, free of charge from the nearest available source which is ready for harvesting, will be substantially equivalent to that previously removed from the claim.
2813.14 - Right of Access to Claim

The right of reasonable access for purposes of prospecting, locating, and mining is provided by statute. Such access must be in accordance with the rules and regulations of the Forest Service. However, the rules and regulations may not be applied so as to prevent lawful mineral activities or to cause undue hardship on bona fide prospectors and miners.
 

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I seem to remember Clay posted a link for that case on here. But I cannot find it anywhere. Can anyone repost the link please?

It WAS posted by Clay and I'll try to find it. I know it was U.S.F.S. Vs Tierney. Tom is the president of our prospecting club in Sierra Vista, AZ. If nothing else I'll give him a call. When I find it I'll edit this post with the info.

EDIT: ROFLMAO!!! NO WONDER I pretty much knew where it was. It's was in MY thread!

http://www.treasurenet.com/forums/gold-prospecting/370522-school-back-time-work-8.html#post3712372

About 1/4 of the way down the page. Post #143
 

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Thanks Jeff. I thought it was in your thread but could not find it yesterday. Clay emailed me the link too. Interesting read for sure. A copy of the ruling in that case might be a good thing to have in your onsite notebook too. Especially considering the fact that the size of the hole is discussed in detail with regard to dimensions and reclamation. Here is the link again for those who may have missed it: USA_v._Tierney
 

Talking to some of the LEOs, one major problem with mining is that people try to live on the forest. With living any where especially on the forest come's lot's of trash, resource damage, some hazmat ect. I think that's one of the major issues. Yes some of those police, firemen and LEO's can be knuckle heads some times but I'm sure their are a few treasure hunters in the same boat....
 

People that run a trashy camp give all of us a bad name. It's amazing how the actions of a few can ruin things for everyone. In all my years of mining I've never run a "dirty" camp like some I've seen. Everything that comes into camp goes out. The site Robi and I are looking at at now is a mess from the last people to work that area. Broken bottles and lots of old tin cans are going to have to be cleaned up. I know the rangers that work that area and I know they'll be happy to see that mess gone for good!
 

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