Forrest service regs to keep in your wallet

Oakview2

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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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goldenIrishman

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Good bit of info to have handy if the LEOS show up on your claim OakView! That's going in the on site file box for sure!
 

Kruzman

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the problem is in this clause "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."

since they can set new rules and regs when ever they want, its a crapshoot as to what you need to deal with and a court case to get a Judge that will hopefully agree with your views on lawful mineral activities and undo hardship. The boys in green know they can pretty much tell you what ever they want and get away with it.
 

goldenIrishman

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Yeah... They thought so around here until a judge slapped them down. They tried getting our prospecting clubs prez even though he was in the right. Judge found for him.

Many of the LEOS are just trying to do their job but they have to do what the head ranger for their district says. I don't fault them for following orders from their boss, but I do have a problem when those bosses overstep their authority. There have been laws on the books for years stating what the forest service can and can not do when it comes to mining activities on forest service controlled lands. Some just don't know these laws and others just don't care. They think they can do whatever they wish to do no matter what. It's always best to have copies of the laws on hand to show the LEOS and their bosses when they come calling. These laws were set in place by congress to protect our rights and if we don't stand up for them, they're not going to do us any good now or in the future. The trick is not to get into a pi$$ing contest with them. Be polite and respectful but stand up for your rights. If sited, don't just roll over and pay the fine. Take it to court and have your duck in a row when you do. If you just pay the fine, you undermine the basis of our rights.
 

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Oakview2

Oakview2

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They, took an oath to protect the constitution, uphold the laws passed by the Congress, and rules and regulations of the Forrest Service.
 

MadMarshall

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Well when Congress and the President disregard their oath to uphold the constitution and have been taking the American Public for a ride for so long now it is no surprise to see their treasonous ways mimicked in their other affiliates. Oakveiw2 as much as I appreaciate your Dilegance and that you and others are constintaly keeping people informed.. I often wonder what good would it really do to bust out a peace of paper with our rights. or even my PLP card As I am told it can dissuade overzealous rangers..
GoldenIrishman Truthfully though if something were to come up and I got a fine or they put a stop to my diggings Their would be nothing I could do Alas I don't have enough money for lengthy court cases ect ect ect. For me I think the truth is MONEY... I am sick of PAYING DUES.. And it seems that the only justice today is what your money can afford.. I am tired of giving donations to play in the political arena. This fight Goes way beyond mining rights and land use. I often wonder what if we do win? Then who then will I owe dues to then? Either way we can all be assured unless we fix the Actaul Problems then nothing matters!!Even if dredgers get their rights and so on the PROBLEMS ARE STILL THERE just swept conventialy under the rug!!!!
 

Rdg Sluicer

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Hefty1

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I like handing them this first before they even get started....really makes them think about it.



DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

Summary:

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the
United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

Hefty1

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And then hand this to them...........:laughing7:



FSH 5309.11 -
Law Enforcement Handbook


Chapter 20 - investigative procedures

Amendment No.: 5309.11-2011-1

Effective Date: August 3, 2011



Duration: This amendment is effective until superseded or removed.

Approved: MARY WAGNER
Associate Chief
Date Approved: 07/28/2011





[h=3]21.28 - Citizen's Civil Rights[/h]
The civil rights of a citizen are protected in part by Title 18, United States Code, sections 241 and 242 (18 U.S.C. 241 and 242). Law enforcement personnel may be charged with and held personally liable for violating a citizen's constitutional rights. The principal consideration in deciding the officers' culpability in a given situation is whether they were acting in good faith and with reasonable belief that their actions were lawful.

 

SLNugget

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Yeah... They thought so around here until a judge slapped them down. They tried getting our prospecting clubs prez even though he was in the right. Judge found for him.

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?
 

KevinInColorado

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Thanks for posting that Kevin. Not directed toward you but what a load of crap. It is getting where you need a law degree to go out in the woods.
sadly true...but look at all the great resources this group can pull out of their hats so quickly? Love it!
 

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Oakview2

Oakview2

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These regs keep the overzealous and unknowing law enforcement informed that you will not be steamrolled. If a particular officer is off the rails,you will get your day in court, and he or she will have to answer for their actions.



Well when Congress and the President disregard their oath to uphold the constitution and have been taking the American Public for a ride for so long now it is no surprise to see their treasonous ways mimicked in their other affiliates. Oakveiw2 as much as I appreaciate your Dilegance and that you and others are constintaly keeping people informed.. I often wonder what good would it really do to bust out a peace of paper with our rights. or even my PLP card As I am told it can dissuade overzealous rangers..
GoldenIrishman Truthfully though if something were to come up and I got a fine or they put a stop to my diggings Their would be nothing I could do Alas I don't have enough money for lengthy court cases ect ect ect. For me I think the truth is MONEY... I am sick of PAYING DUES.. And it seems that the only justice today is what your money can afford.. I am tired of giving donations to play in the political arena. This fight Goes way beyond mining rights and land use. I often wonder what if we do win? Then who then will I owe dues to then? Either way we can all be assured unless we fix the Actaul Problems then nothing matters!!Even if dredgers get their rights and so on the PROBLEMS ARE STILL THERE just swept conventialy under the rug!!!!
 

AzViper

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I added the proper seal to each of the three docs. If anyone would like a copy of them in PDF PM me. Looks a little more official in the event you pull it out... Please include your email address in the PM.

1.png 2.png 3.png
 

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