Need reference for creation of national forest (Original Laws reguarding ming)

Ragnor

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I'm hoping someone can direct me to the original document that states that mining is the preeminent use of the national forests followed by logging and recreation. I also recall this was reaffirmed at some point in the 1960's
As I recall the original document stated that it is unlawful for any legislation to be passed which violates this original statement of intent.
I would like to be able to present this information to a new federal agent patrolling Gifford Pinchot.

I am also looking for the information that asserts the right of the people to create and maintain trails for access for stated use.
 
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Bejay

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There are many reasons why a miner would not be required to submit to Forest Service regulations. Nearly as many as there are regulations.

In the matter of a miners right to travel to and from his claim. Nothing... shall be construed as prohibiting" their travel.

Likewise you could ask about each exception in the law that was written to prevent the reserved domain of the Forest from interfering with the Mineral Estate Grant which precedes and supersedes those Forest reserves. I could answer each one of those questions by citing the exceptions. I will not because you could just as easily read U.S.C. Title 16 CHAPTER 2 SUBCHAPTER I which is the law that governs those same forest reserves and discover for yourself those very same exemptions. If you are an inquisitive man and I'm sure you will find a greater knowledge in that relatively short title.

It can be said that "Better you learn to fish than spend your life begging for fish from others".


Bejay
 

Bejay

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Here is ALL of the Forest Service enforcement authority.

This is what the FS relies on as regulations for enforcement. These CFR are just regulations and not law. What follows are the laws that give them the authority to publish these regulations.

36 CFR 261 - PROHIBITIONS

Subpart A—General Prohibitions
§261.1 Scope.
(a) The prohibitions in this part
apply, except as otherwise provided,
when:
(1) An act or omission occurs in the
National Forest System or on a Na-
tional Forest System road or trail.
(2) An act or omission affects, threat-
ens, or endangers property of the
United States administered by the For-
est Service.
(3) An act or omission affects, threat-
ens, or endangers a person using, or en-
gaged in the protection, improvement
or administration of the National For-
est System or a National Forest Sys-
tem road or trail.
(4) An act or omission occurs within
the designated boundaries of a compo-
nent of the National Wild and Scenic
Rivers System.
(b) Nothing in this part shall pre-
clude activities as authorized by the
Wilderness Act of 1964 or the U.S. Min-
ing Laws Act of 1872 as amended.
(c) Unless an offense set out in this
part specifies that intent is required,
intent is not an element of any offense
under this part.
(d) None of these prohibitions apply
to any person engaged in fire suppres-
sion actions.

____________________________________________________

What follows are the actual laws:
____________________________________________________

7 U.S.C.
Title 7 - AGRICULTURE
CHAPTER 33 - FARM TENANCY
SUBCHAPTER III - LAND CONSERVATION AND LAND UTILIZATION
Sec. 1011 - Powers of Secretary of Agriculture

§1011. Powers of Secretary of Agriculture
To effectuate the program provided for in section 1010 of this title, the Secretary is authorized—

(b) To protect, improve, develop, and administer any property so acquired and to construct such structures thereon as may be necessary to adapt it to its most beneficial use.

(f) To make such rules and regulations as he deems necessary to prevent trespasses and otherwise regulate the use and occupancy of property acquired by, or transferred to, the Secretary for the purposes of this subchapter, in order to conserve and utilize it or advance the purposes of this subchapter. Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401(b) to (e) of title 18.


____________________________________________________

16 U.S.C. Section 472: Laws affecting national forest lands

The Secretary of the Department of Agriculture shall execute or
cause to be executed all laws affecting public lands reserved under
the provisions of section 471 (!1) of this title, or sections
supplemental to and amendatory thereof, after such lands have been
so reserved, excepting such laws as affect the surveying,
prospecting, locating, appropriating, entering, relinquishing,
reconveying, certifying, or patenting of any of such lands.


____________________________________________________

16 U.S.C. Section 551: Protection of national forests; rules and regulations

The Secretary of Agriculture shall make provisions for the
protection against destruction by fire and depredations upon the
public forests and national forests which may have been set aside
or which may be hereafter set aside under the provisions of section
471 (!1) of this title, and which may be continued; and he may make
such rules and regulations and establish such service as will
insure the objects of such reservations, namely, to regulate their
occupancy and use and to preserve the forests thereon from
destruction; and any violation of the provisions of this section,
sections 473 to 478 and 479 to 482 of this title or such rules and
regulations shall be punished by a fine of not more than $500 or
imprisonment for not more than six months, or both. Any person
charged with the violation of such rules and regulations may be
tried and sentenced by any United States magistrate judge specially
designated for that purpose by the court by which he was appointed,
in the same manner and subject to the same conditions as provided
for in section 3401(b) to (e) of title 18.


____________________________________________________

16 U.S.C. Section 551A: Cooperation by Secretary of Agriculture with States and political subdivisions in law enforcement

The Secretary of Agriculture, in connection with the
administration and regulation of the use and occupancy of the
national forests and national grasslands, is authorized to
cooperate with any State or political subdivision thereof, on lands
which are within or part of any unit of the national forest system,
in the enforcement or supervision of the laws or ordinances of a
State or subdivision thereof. Such cooperation may include the
reimbursement of a State or its subdivision for expenditures
incurred in connection with activities on national forest system
lands. This section shall not deprive any State or political
subdivision thereof of its right to exercise civil and criminal
jurisdiction, within or on lands which are a part of the national
forest system.


____________________________________________________

16 U.S.C.Chapter 4: Protection of timber, and depredations § 620f : Regulations and review

(A) In general
Subject to subparagraph (B), the Secretary concerned shall
issue regulations that impose reasonable documentation and
reporting requirements if the benefits of the requirements
outweigh the cost of complying with the requirements.



____________________________________________________

16 U.S.C. Section 1133: Use of wilderness areas

(c) Prohibition provisions: commercial enterprise, permanent or
temporary roads, mechanical transports, and structures or
installations; exceptions: area administration and personal
health and safety emergencies
Except as specifically provided for in this chapter, and subject
to existing private rights, there shall be no commercial enterprise
and no permanent road within any wilderness area designated by this
chapter and, except as necessary to meet minimum requirements for
the administration of the area for the purpose of this chapter
(including measures required in emergencies involving the health
and safety of persons within the area), there shall be no temporary
road, no use of motor vehicles, motorized equipment or motorboats,
no landing of aircraft, no other form of mechanical transport, and
no structure or installation within any such area.
(d) Special provisions
The following special provisions are hereby made:
(1) Aircraft or motorboats; fire, insects, and diseases
Within wilderness areas designated by this chapter the use of
aircraft or motorboats, where these uses have already become
established, may be permitted to continue subject to such
restrictions as the Secretary of Agriculture deems desirable. In
addition, such measures may be taken as may be necessary in the
control of fire, insects, and diseases, subject to such conditions
as the Secretary deems desirable.


____________________________________________________

US Code 16 U.S.C.- Section 1246: Administration and development of national trails system

(c) Prohibition provisions: commercial enterprise, permanent or
temporary roads, mechanical transports, and structures or
installations; exceptions: area administration and personal
health and safety emergencies
Except as specifically provided for in this chapter, and subject
to existing private rights, there shall be no commercial enterprise
and no permanent road within any wilderness area designated by this
chapter and, except as necessary to meet minimum requirements for
the administration of the area for the purpose of this chapter
(including measures required in emergencies involving the health
and safety of persons within the area), there shall be no temporary
road, no use of motor vehicles, motorized equipment or motorboats,
no landing of aircraft, no other form of mechanical transport, and
no structure or installation within any such area.
(d) Special provisions
The following special provisions are hereby made:
(1) Aircraft or motorboats; fire, insects, and diseases
Within wilderness areas designated by this chapter the use of
aircraft or motorboats, where these uses have already become
established, may be permitted to continue subject to such
restrictions as the Secretary of Agriculture deems desirable. In
addition, such measures may be taken as may be necessary in the
control of fire, insects, and diseases, subject to such conditions
as the Secretary deems desirable.


____________________________________________________

That was all the authority the Forest Service has according to the CFR, the Parallel Table of Authorities. the USC and the Secretary of Agriculture. Any thing else is BS and smoke.

____________________________________________________

What follows is an interesting excerpt from an internal document about Forest Service law enforcement. Your local pinecone cop has been issued this as part of his law enforcement training packet. They are supposed to know all of this as part of their job.

____________________________________________________


2. State and Local Law Enforcement Agencies. Generally, State and local law
enforcement agencies have authority to enforce applicable State and local laws,
ordinances, and regulations on National Forest System lands. Under 16 U.S.C. 480,
States retain their civil and criminal jurisdiction over persons on the National Forests.
Thus, crimes involving persons and their property are generally the primary responsibility
of State and local law enforcement authorities.

There is no authority for the Forest Service to allow State and local law enforcement
personnel to enforce Federal laws and regulations, including 36 CFR part 261. Some
conduct may be prosecuted under Federal or State law because the conduct violates both
Federal and State law. However, State and local law enforcement officers may enforce
only State and local law.

You can read the whole thing by clicking HERE http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5395243.pdf.

Now here is the interesting part. Even though those Forest Service employees have no Federal or State law enforcement authority they are generally exempted by each state from prosecution for acting as if they are law enforcement for that State.

What that means is if you want the Forest Service to stop acting like law enforcement and getting away with it you need to put some pressure on your State legislature to stop giving them a free ride.

Here is an example from the Texas Criminal Code:
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1319, Sec. 1


(a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only:
(1) Special Agents of the Federal Bureau of Investigation;
(2) Special Agents of the Secret Service;
(3) Special Agents of the United States Immigration and Customs Enforcement;
(4) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(5) Special Agents of the United States Drug Enforcement Administration;
(6) Inspectors of the United States Postal Inspection Service;
(7) Special Agents of the Criminal Investigation Division of the Internal Revenue Service;
(8) Civilian Special Agents of the United States Naval Criminal Investigative Service;
(9) Marshals and Deputy Marshals of the United States Marshals Service;
(10) Special Agents of the United States Department of State, Bureau of Diplomatic Security;
(11) Special Agents of the Treasury Inspector General for Tax Administration; and
(12) Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs.
(b) A person designated as a special policeman by the Federal Protective Services division of the General Services Administration under 40 U.S.C. Section 318 or 318d is not a peace officer but has the powers of arrest and search and seizure as to any offense under the laws of this state.
(c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding.
(d) A commissioned law enforcement officer of the National Park Service is not a peace officer under the laws of this state, except that the officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the boundaries of a national park or national recreation area. In this subsection, "national park or national recreation area" means a national park or national recreation area included in the National Park System as defined by 16 U.S.C. Section 1c(a).
(e) A Special Agent or Law Enforcement Officer of the United States Forest Service is not a peace officer under the laws of this state, except that the agent or officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the National Forest System. In this subsection, "National Forest System" has the meaning assigned by 16 U.S.C. Section 1609.
(f) Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission, are not peace officers under the laws of this state, except that such personnel have the powers of arrest, search, and seizure, including the powers under Section 9.51, Penal Code, while in the performance of their duties on the premises of a commercial nuclear power plant site or under agreements entered into with local law enforcement regarding areas surrounding the plant site.
(g) In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. Section 3056(a) or investigating a threat against a person described by 18 U.S.C. Section 3056(a) has the powers of arrest, search, and seizure as to:
(1) misdemeanor offenses under the laws of this state; and
(2) any criminal offense under federal law.

Added by Acts 1985, 69th Leg., ch. 543, Sec. 1, eff. Sept. 1, 1985. Renumbered from art. 2.121 and amended by Acts 1987, 70th Leg., ch. 503, Sec. 1, eff. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 854, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 841, Sec. 1, eff. June 14, 1989; Acts 1993, 73rd Leg., ch. 927, Sec. 1, eff. June 19, 1993; Subsec. (a) amended by Acts 1997, 75th Leg., ch. 717, Sec. 1, eff. June 17, 1997; Subsec. (c) added by Acts 1997, 75th Leg., ch. 290, Sec. 1, eff. May 26, 1997; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 197, Sec. 1, eff. May 24, 1999; Subsec. (c) amended by Acts 1999, 76th Leg., ch. 863, Sec. 1, eff. June 18, 1999; Subsec. (d) added by Acts 1999, 76th Leg., ch. 197, Sec. 1, eff. May 24, 1999; added by Acts 1999, 76th Leg., ch. 628, Sec. 1, eff. June 18, 1999; Subsec. (e) relettered from subsec. (d) by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(7), eff. Sept. 1, 2001; Subsec. (f) added by Acts 2003, 78th Leg., ch. 1237, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1337, Sec. 5, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 732, Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1223, Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1319, Sec. 1, eff. June 17, 2011.
===========================================================




Bejay
 

Clay Diggins

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The Organic Forest Act that created the national forests in 1897 had the purpose of “watershed protection and timber production” for the use of the people. Agricultural lands and lands with minerals are specifically excluded from the national forests in the Organic Act "excluding all lands better suited for agricultural and mining purposes”. No forest was ever created for recreation but recreation was added as one of the "multiple uses" for forest lands in 1960 - more than a half century after the Forest Act. The other uses added are grazing and wildlife.

Here's an excerpt from the creation of the Prescott National Forest showing how minerals are treated in forest law. These laws are still in effect to this day. All of the original organic forests have a similar release incorporated:

United States Code TITLE 16 CHAPTER 2 SUBCHAPTER I Section 482a
On and after January 19, 1933, mining locations made under the United States mining laws upon lands within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, specifically described as the west half southwest quarter section 13; south half section 14; southeast quarter, and east half southwest quarter section 15; east half, and south half southwest quarter section 22; all of section 23; west half section 24; all of sections 26 and 27; north half north half section 34; and north half north half section 35, township 13 north, range 2 west, Gila and Salt River Base and meridian, an area of three thousand six hundred acres, more or less, shall confer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations, and no permit shall be required or charge made for such use or occupancy.

There have been several other laws passed and executive orders that created "forests" that aren't a part of the National Forests. Discussing forest legal history can be a quagmire for the casual researcher. In particular the Weeks Law Purchase Unit "forests" of the eastern States have no relation to the original western National Forests created from public land. Those eastern "forests" (in name only) keep the bulk of the population confused about just what a forest is.

Essentially when you begin the study of forest law you are stepping in a large pile that's going to take a lot more than a stick to get off your shoe. :BangHead:

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Cassews

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When you are looking at the mining laws/acts; be sure to look at all the updates. There are so many it will make your head spin. But at least if you are current and a gun toting forest ranger asks you if you know you are breaking the law, be sure to ask which one and have them show it to you (my own personal runs in have taught me that, so I carry the mining laws with me- show me the rule/law I am breaking).
 

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