None of those commas really matters Kevin because the ASRA Management contract doesn't give the State the right to regulate minerals.
From that signed agreement:
Simply put it's clear throughout the Management agreement that the State in no way controls the mineral estate within those Federal Public Lands that make up the ASRA management area. Read the whole MPA and you will see that all of the mineral and resource rights are the same as if the ASRA didn't exist. The Feds can't make a management contract that allows a State to limit your rights to the public lands. The ASRA only administers the recreational functions on those lands.
Rockhounding is a recreational function - prospecting is not a recreational function. There is no right to explore for pretty rocks in the Mining laws but there is a granted right to prospect for valuable mineral deposits.
I'm sure the State would rather have prospectors nitpicking over the details of the meaning of
hands or
pans but when it comes right down to it the State has no right to regulate or control mineral exploration in any way.
Heavy Pans
Great info. So, I found the Superintendent's email and sent this to him and a copy to Congressman McClintock. I'm not an attorney, so I don't know if what I am writing makes a difference. However, I felt if I am a citizen, I can at least add my voice to this battle!
Hello to Mike Howard, Auburn Sector Superintendent,
*** I read an article that interviewed the ASRA Superintendent. In this article, it refered to the new Hands and Pans only rule. When asked why this rule was necessary, the Supervisor said where there is no Federal rule that State law would apply. For an example he gave a situation in which disturbing the soil had to have a permit. That anyone wanting to dig any soil needed permission. The underlying point was he said there was no Federal law governing this situation. I looked up and found that there seems to be a rule that applies. Can you explain why the Hands and Pans rule should continue based on this Federal law existing to govern? Please refer to (1) (i) (ii) which give exception to notice of intent and further, give parameters for prospecting using tools and equipment. I have forwarded a copy of this letter to Congressman McClintock for review.
Thank you, Timothy XXX, El Dorado County Resident and part time prospector.
* Code of Federal Regulations§228.4 Plan of operations—notice of intent—requirements.
*** (a) Except as provided in paragraph (a)(1) of this section, a notice of intent to operate is required from any person proposing to conduct operations which might cause significant disturbance of surface resources. Such notice of intent to operate shall be submitted to the District Ranger having jurisdiction over the area in which the operations will be conducted. Each notice of intent to operate shall provide information sufficient to identify the area involved, the nature of the proposed operations, the route of access to the area of operations, and the method of transport.
*** (1) A notice of intent to operate is not required for:
*** (i) Operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest System purposes;
*** (ii) Prospecting and sampling which will not cause significant surface resource disturbance and will not involve removal of more than a reasonable amount of mineral deposit for analysis and study which generally might include searching for and occasionally removing small mineral samples or specimens, gold panning, metal detecting, non-motorized hand sluicing, using battery operated dry washers, and collecting of mineral specimens using hand tools;
