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Dan Robinson

Storing Items On Mining Claim

6 posts in this topic

The USFS here in Plumas County CA, is telling me i cannot store any mining equiptment on my claim for more than 30 days without a approved plan of operations and a bond. Does anyone know if this is legal for them to require this? 

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Maybe this will help.  Look up Plumas County CA.   laws or regulations if that is okay then UFSF Laws are BLM laws as far as I am concerned, or so I have been told.

If BLM. laws are okay with that then the powers that controll us are in your favour.

Usually the courts will favour the county or state laws, because setting a precedent in the law is a lengthy and costly process.

 

In my opinion, get the USFS or the BLM  personnell person to get involved in your intentions. Get their name, badge number and make friends with them. They are doing their job and so are you.  Honey is better than vinegar.

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After rereading your question and my post, I felt the need to add, that asking someone else what their experience with the law, will differ depending on who enforces that law.

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I would politely ask the forest ranger (or whomever you're dealing with) to please show you where the 30 day regulation exists and the authority behind it.  From there, try to figure out how you will show that it doesn't/shouldn't apply in your case.

Perhaps due to remoteness or health issues, it is impractical to be ferrying heavy equipment back and forth due to this arbitrary regulation.  Their regulations are not allowed to cause an undue burden on the miner or cause a hindrance to mining.  

Their regulations are supposed to be designed to "prevent undue or unnecessary degradation of the public lands".  How is storing mining equipment applicable to this mandate?

USA vs. Shumway may be relevant.  The judge ruled "… the Forest Service may regulate use of National Forest lands by holders of unpatented mining claims… but only to the extent that the regulations are "reasonable" and do not impermissibly encroach on legitimate use incident to mining and mill site claims."  Do you find this regulation to be reasonable?

The Forest Service Manual is supposed to give USFS employees some direction on their regulations.  FSM 2810 is their chapter dealing with the mining laws. 

Look at...

FSM 2814.24 Provide Reasonable Alternatives 

Forest officers should provide bona fide prospectors and miners reasonable alternative access routes, exploration methods, special use permits, and operating plan provisions in order that they may carry out necessary mineral associated activities without violation of laws and regulations.

 

Although I don't agree that you legally need to obtain a "special use permit" to have your mining equipment on your claim beyond a 30 day limit, that may be one approach you might consider.  As long as you are working your claim on a continual basis, the storage of your mining equipment should qualify as legitimate use incident to mining.  

 

Just some ideas.  Not legal advice by any means.  I have no qualifications to offer any.

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 As long as you are working your claim on a continual basis, the storage of your mining equipment should qualify as legitimate use incident to mining.  

 

 

 

 

 That is a key part. Dan didn't give us much to go on here.

By "store my equipment" I am assuming it is more than a shovel and gold pan.

What exactly ?

 It also appears Dan does not have a Notice or Plan on file. So I question why is he bringing

"equipment" on to the claim before filing for permits.

 Too many unknowns here it seems to me.

 

 While I have no experience with USFS, I have years of experience with BLM.

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