Mining claim blm says no camping

[Strebs]

Hello, just got out to a new spot I want to place a mining claim but it's very limited access. The road is closed to bikes and horses. Then I saw a no camping sign and day use parking only! If I did put a claim here is there any law/ right that would allow me to camp? I got to pack my dredge 1 mile back in don't want to leave it alone. This claim would be in Colorado

 

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[ratled]

You will want to review lex/waggner http://www.treasurenet.com/forums/gold-prospecting/487087-lex-waggner-anyone.html

ratled

 

[Strebs]

Ratled, thank you for the link!

 

[Clay Diggins]

The "camping" when it is reasonably incidental to mining is not subject to the Forest camping limits.

From the Federal Register:

Clarification for the Appropriate Use of a Criminal or a Civil Citation To Enforce Mineral Regulations

Regardless of the local stay limit, an operator is not required to submit a notice of intent to conduct operations unless the locatable mineral prospecting, exploration or mining, and processing, and the reasonably incidental camping, might cause significant disturbance of NFS surface resources. Moreover, as discussed above, an approved plan of operations is not required for the locatable mineral prospecting, exploration or mining, and processing, and the reasonably incidental camping, unless those operations are likely to cause a significant disturbance of surface resources. 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.

That is the Forest Service's published official position. If local Forest Service agents try to tell you otherwise they are not doing their job. This rule applies to mining in all the Forests where there are public lands open to location. If the land status is closed to mineral entry or if there is a different land management agency the rules may be different.

Heavy Pans

 

[Strebs]

Clay, this land is on blm land not national forest, but from the sounds of it basically same deal. Looking at 43 C.F.R. 3715.2-1 sounds basically like the 36 cfr for forest service

 

[Clay Diggins]

Clay, this land is on blm land not national forest, but from the sounds of it basically same deal. Looking at 43 C.F.R. 3715.2-1 sounds basically like the 36 cfr for forest service

I'm sure you mean BLM managed public lands. The BLM owns no land.

It's all based on the same laws whether BLM or Forest Service managed. If you know the land status is good and you understand the law there is no reason not to occupy your claim as long as it's reasonably incidental to your mining and is not causing undue or unnecessary degradation of the non mineral resources.

If you are unsure whether your mining, including your "camping" is undue or unnecessary you should wait until you have a working knowledge of best mining practices... or you could file an NOI and let the BLM make your mining decisions for you.

Heavy Pans

 

[Hoser John]

Lex/Waggoner got nailed in Alameda county court when the Klamath Forest Service sued years later.Cancer Planted a guy right across from the ranger station as a sacrificial lamb, he was cited, drug through the courts for years and LOST,as usual. Just yet another case of insipid actions. Lex/Waggner made us Teflon but never rub salt in a fed agencies eyes. They have always had the right to limit time as cited in above quote. I have 3 claims they killed all camping rights on due to 100s of homeless ungodly messes that required haz/mat teams,d-9s and multiple tractor trailer loads of garbage,couches,dumped trailers,etc etc. Get the history of why first as just might be justification. They also stopped egress and regress so sounds like a land classification issue. Occupation is never a ez issue with a blanket coverage as many issue prevail...sic sic sic- John

 

[Strebs]

Well, i put in for my request for occupancy with the BLM. Which they did approve! but the catch is I need to have an NOI. I showed him the Lex case and said they follow the 43 C.F.R regs and under 3715.05 disqualifies me as "causal" since my occupancy is over the 14 day limit.