Buying a place west......Maybe

[A#1]

Reckon a guy wanted to buy a small, cheaper place close to, or up in the mountains. Somewhere kinda peaceful, pretty, where the sky looks like a pearl in the morn.

A place to remain vacant, just a campsite. No utilities needed, just a driveway, pop a tent or park am RV.

Somewhere decent gold might be found, critters be plentiful for huntin and fishin. Things to do, sights to see.

Not too remote really, and ain't gotta have it all on the spot, but maybe within a 50 mile drive or so to a mid-size town, campin and whatnot.

Kinda a retirement or vacation destination.

Thinkin on Montana and Colorado.

Anyone got any fun ideas?

 

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[okbasspro]

Doesn't the fourteen days start the first time you see a ranger

Yes it does but only if he sees me

 

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[mikep691]

If you're on your own ACTIVE mining claim, and working it, there is no time limit.

 

[IMAUDIGGER]

If you're on your own ACTIVE mining claim, and working it, there is no time limit.

It's not quite that simple is it?
Isn't there a long list of conditions that have to be met?

 

[Goldwasher]

It's not quite that simple is it?
Isn't there a long list of conditions that have to be met?

hmmm, can you find the long list of conditions?

 

[Clay Diggins]

Two conditions.

In 2008 the Forest Service published, in the Federal Register, their take on miners staying on the land while mining. This was prompted by the McClure decision in favor of miners.

The Federal Register is the official record of the federal agencies and provides surety should a Forest agent try some hokey magic clown dance by trying to tell you that you are not allowed to stay where you are mining for more than 14 days - or whatever the chota thinks is a good number to scare you with.

From the Federal Register "Clarification for the Appropriate Use of a Criminal or a Civil Citation To Enforce Mineral Regulations":

Reasonably incidental residential use of NFS lands by persons conducting locatable mineral prospecting, exploration, mining, or processing that will not cause significant disturbance of NFS surface resources does not require prior submission of a notice of intent to conduct operations or approval of a plan of operations.

An operator, consequently, is not required to notify the Forest Service prior to conducting locatable mineral operations which involve occupancy of NFS lands providing that those operations meet two conditions:

• (1) The occupancy is reasonably incidental to locatable mineral prospecting, exploration, mining, or processing and
• (2) those proposed (or ongoing) operations, including such reasonably incidental occupancy, cumulatively will not cause (or are not causing) significant disturbance of NFS surface resources.

Moreover, when occupancy is reasonably incidental to prospecting, exploration, mining, and processing operations, then the level of surface disturbance, not the duration of the occupancy, will determine whether a Notice of Intent or a Plan of Operations is required.

Go ahead and camp or spend the season prospecting or mining. No requirement to own a claim or get a permit. Anyone who tells you different is just blowing smoke up yer keester - even if they are wearing a badge.

Heavy Pans

 

[IMAUDIGGER]

That covers USFS.
Then there is BLM.

This is an article I was reading recently.

https://www.americanminingrights.com/the-14-day-camping-rule-on-a-mining-claim-is-that-true/

 

[Clay Diggins]

That covers USFS.
Then there is BLM.

This is an article I was reading recently.

https://www.americanminingrights.com/the-14-day-camping-rule-on-a-mining-claim-is-that-true/

Despite Kirby's interpretation of Federal agency code the Forest Service has made it clear what their intent is. That's why I posted the actual Federal Register link to help people understand that whatever is being posted on the internet is BS.

From the Federal Register:

Reasonably incidental residential use of NFS lands by persons conducting locatable mineral prospecting, exploration, mining, or processing that will not cause significant disturbance of NFS surface resources does not require prior submission of a notice of intent to conduct operations or approval of a plan of operations.

You can take the Federal Register notice to court as absolute evidence of the agencies position on the issue. Kirby's article, and others, are not admissible as evidence. The Forest Service and BLM are required to adhere to the law - not how AMRA or Kirby interpret what they have read.

Heavy Pans

 

[mikep691]

I rest my case. I can stay on my claim, 24/7/365 (I'll take Feb 29th off).

 

[IMAUDIGGER]

I knew clay would follow up.

I'm going to have to look up the case here locally where the USFS was in a lawsuit with a man that parked his RV on his claim. I seem to remember it went to appeals court and gov. won. Of coarse each case is different

 

[63bkpkr]

A#1 - see you are from Traverse City so yes you do have some 'country' to live in and it sure closes down in the winter with the white stuff, but even that
can be lived in if a person does it right. I came out of Detroit when is was 12.5 years of age and in 1961 arrived on the San Francisco peninsula and
heard about this canyon with a river in it out of Sacramento. I hiked down the mountain for the first time in Feb of 1963, dumb as dirt I was but I was
at least strong so I made it in and out.

Yes the mountains have a certain allure to them, at least for some. Plain beautiful, filled with adventures and they hold such secrets!



So I've been hiking in here for over 50 years though this year did not work out well for me, bad shoulder. Yes some mountains, and some water (with fish) and some weather
and that should about do it for anyone!

Best of luck with your quest...................63bkpkr

 

[MetalArchSC]

Coming from the north and at one time the west, I can tell you it’s cheap living in the south. Rural land in the south in certain places really cheap.

 

[Goldwasher]

I knew clay would follow up.

I'm going to have to look up the case here locally where the USFS was in a lawsuit with a man that parked his RV on his claim. I seem to remember it went to appeals court and gov. won. Of coarse each case is different

they probably showed that he wasn't actually actively mining or prospecting.

 

[IMAUDIGGER]

they probably showed that he wasn't actually actively mining or prospecting.

I don't recall the guy's name. It was near Cecilville, in the Klamath National Forest. Maybe in the 1990's?
I want to say it made it to the 9th circuit of appeals and was considered a landmark case. Been awhile since I have looked at it.

 

[Lanny in AB]

15,000 will buy you a lot of nights of camping at a pay site, and you can still enjoy the wilderness nearby . . .

All the best,

Lanny

 

[bedrock bubba]

There is lots of public land out west. Basically unlimited camping opportunities in the mountains as long as your willing to move camp to a new location from time to time. There are some areas, a person could probably camp all summer without being bothered.

I assume you want to find gold. N. California foothills from LaPorte and north in the Feather River watershed would be perfect! Lots of Forest Circus land to sqauat on free, just move every two weeks. Cool forest and rambling streams.....and GOLD! Oh, there are no COMMIES here! Haha

 

[IMAUDIGGER]

I assume you want to find gold. N. California foothills from LaPorte and north in the Feather River watershed would be perfect! Lots of Forest Circus land to sqauat on free, just move every two weeks. Cool forest and rambling streams.....and GOLD! Oh, there are no COMMIES here! Haha

The West is a big place, much bigger than Southern California that's for sure!