Addressing miners requirement for access permit

[M.E.G.]

Talk Show Host, Jefferson Mining District Assemblyman, Mining Law Researcher, Hal Anthony, addresses in the first part of his show, access permit reqirement by Forest Service Ranger for miners to acces their Mineral Estate (claim).
https://www.reallibertymedia.com/2018/08/behind-the-woodshed-blogcaster-aug-26-2018/

 

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[M.E.G.]

https://www.ecfr.gov/cgi-bin/retrie...HTML&h=L&r=PART&n=36y2.0.1.1.20#se36.2.261_11

cfr 261.1 Scope

(4) An act or omission occurs within the designated boundaries of a component of the National Wild and Scenic Rivers System.

(b) Nothing in this part shall preclude activities as authorized by the Wilderness Act of 1964 or the U.S. Mining Laws Act of 1872 as amended.

 

[M.E.G.]

https://www.ecfr.gov/cgi-bin/retrie...HTML&h=L&r=PART&n=36y2.0.1.1.20#se36.2.261_11

261.2 Definitions.

Person means natural person, corporation, company, partnership, trust, firm, or association of persons.

 

[Bejay]

TITLE 16 > CHAPTER 2 > SUBCHAPTER I > Section 478
Section 478. Egress or ingress of actual settlers; prospecting
Nothing in sections 473 to 478, 479 to 482 and 551 of this title shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of national forests, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of Agriculture. Nor shall anything in such sections prohibit any person from entering upon such national forests for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof. Such persons must comply with the rules and regulations covering such national forests.

As you can see they can't lock you out or prevent you from prospecting or mining. Remember that the "lock out laws" are specifically "NOT applicable" to claimed mineral lands...…..(which becomes Public Domain). Your right to travel to your claim is already preserved in the 1866 and 1872 Acts. Additionally Congress seems to want to make that fact doubly clear for the USFS.

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Special use permit? We don't need no stinkin' special use permit!
CFR Title 36: Parks, Forests, and Public Property

CHAPTER II: FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 251: LAND USES

Subpart B: Special Uses

251.50 - Scope.

(a) All uses of National Forest System lands, improvements, and resources, except those authorized by the regulations governing sharing use of roads; grazing and livestock use; the sale and disposal of timber and special forest products, such as greens, mushrooms, and medicinal plants); and minerals are designated "special uses".
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So let us shorten it for a clearer reading/understanding/
a) All uses of National Forest System lands, improvements, and resources, except those authorized by the regulations governing minerals are designated "special uses




Bejay

 

[Clay Diggins]

Ah geez MEG. Why not present the actual law. It's so much less ... misleading? It's OK these fine folks can handle the facts.

SEC. 9. (a) Nothing in this Act shall affect the applicability of the
United States mining and mineral leasing laws within components of
the national wild and scenic rivers system except that–

(i) all prospecting, mining operations, and other activities on
mining claims which, in the case of a component of the system
designated in section 3 of this Act, have not heretofore been per-
fected or which, in the case of a component hereafter designated
pursuant to this Act or any other Act of Congress, are not per-
fected before its inclusion in the system and all mining operations
and other activities under a mineral lease, license, or permit issued
or renewed after inclusion of a component in the system shall be
subject to such regulations as the Secretary of the Interior or, in
the case of national forest lands, the Secretary of Agriculture may
prescribe to effectuate the purposes of this Act;

(ii) subject to valid existing rights, the perfection of, or issu-
ance of a patent to, any mining claim affecting lands within
the system shall confer or convey a right or title only to the mineral
deposits and such rights only to the use of the surface and the
surface resources as are reasonably required to carrying on pros-
pecting or mining operations and are consistent with such regula-
tions as may be prescribed by the Secretary of the Interior or, in
the case of national forest lands, by the Secretary of Agriculture;

(iii) subject to valid existing rights, the minerals in Federal
lands which are part of the system and constitute the bed or bank
or are situated within one-quarter mile of the bank of any river
designated a wild river under this Act or any subsequent Act are
hereby withdrawn from all forms of appropriation under the
mining laws and from operation of the mineral leasing laws
including, in both cases, amendments thereto.

I'm in agreement that access does not require a permit but the "Wild" part of the Wild and Scenic designation most certainly does put the end to most mining claims and mineral rights.

Quoting little bits of the Agency Regulations doesn't really amount to understanding the law. Lucky for us the fine folks at Land Matters put that law just a click or two away. Read the Wild and Scenic Act. All 13 pages of it.

Heavy Pans

 

[Bejay]

From the Wild & Scenic Rivers Act Itself:

SEC. 9. (a) Nothing in this Act shall affect the applicability of the United States mining and mineral leasing laws within components of leasing the national wild and scenic rivers system except that—

(i) all prospecting, mining operations, and other activities on mining claims which, in the case of a component of the system designated in section 3 of this Act, have not heretofore been perfected or which, in the case of a component hereafter designated pursuant to this Act or any other Act of Congress, are not perfected before its inclusion in the system and all mining operations and other activities under a mineral lease, license, or permit issued or renewed after inclusion of a component in the system shall be subject to such regulations as the Secretary of the Interior or, in the case of national forest lands, the Secretary of Agriculture may prescribe to effectuate the purposes of this Act;

(ii) subject to valid existing rights, the perfection of, or issuance of a patent to, any mining claim affecting lands wdthin the system shall confer or convey a right or title only to the mineral deposits and such rights only to the use of the surface and the surface resources as are reasonably required to carrying on prospecting or mining operations and are consistent with such regulations as may be prescribed by the Secretary of the Interior or, in the case of national forest lands, by the Secretary of Agriculture; and

(iii) subject to valid existing rights, the minerals in Federal lands which are part of the system and constitute the bed or bank or are situated within one-quarter mile of the bank of any river designated a wild river under this Act or any subsequent Act are hereby withdrawn from all forms of appropriation under the mining laws and from operation of the mineral leasing laws including, in both cases, amendments thereto.

Regulations issued pursuant to paragraphs (i) and (ii) of this subsection shall, among other things, provide safeguards against pollution of the river involved and unnecessary impairment of the scenery within the component in question.

(b) The minerals in any Federal lands which constitute the bed or bank or are situated within one-quarter mile of the bank of any river which is listed in section 5, subsection (a) of this Act are hereby withdrawn from all forms of appropriation under the mining laws during the periods specified in section 7, subsection (b) of this Act.

Nothing contained in this subsection shall be construed to forbid prospecting or the issuance or leases, licenses, and permits under the mineral leasing laws subject to such conditions as the Secretary of the Interior and, in the case of national forest lands, the Secretary of Agriculture find appropriate to safeguard the area in the event it is subsequently included in the system.
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Bejay

 

[Clay Diggins]

Looks like another good argument for putting real effort into perfecting a mining claim Bejay! Seems that same message keeps coming around when you study the law.

Heavy Pans