USFS seasonal road closure...can I get a key?

[mofugly13]

The road to my claim is gated by USFS from November until May, and the area is used by cross country skiers. Do my mining rights allow me to get a key for this gate so tat my claim can be accessed during the road closed season? Obviously the amount of snow on the ground at any given time would be a determining factor in the practicality of using the road. During the drought years, the snow was not an issue, but the gate was.

 

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[Assembler]

Operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest System purposes;
This is 'Grandfathered in' as the National Forest System goes way back.

 

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[KevinInColorado]

Kevin I hope you, and the Forest Service person you are working with, read the regulation on POOs more closely. Right in the very beginning of those regulations it's clearly stated that a POO is not required for a claimant to use "roads used and maintained for National Forest System purposes":



It seems like maybe the Forest Service is trying to have it both ways. If you hold them to their own regulations I think you would be doing the Forest Service and your local miners a favor by keeping things on the up and up.

Heavy Pans

Thanks Clay, I will pursue this. It’s all about finding the right CFR!

 

[Assembler]

C.F.R section 185.1 (1949) “Vacant public surveyed" or unsurveyed lands are open to prospecting, and upon discovery of mineral , to location and purchase, as are also lands in national forests in the public-land States.
Certain lands are not open for appropriation under the mining laws. land within a subsisting military reservation or national park is not open.

With out the "Discovery of mineral" will not be "Subject" for "Location and purchase".

 

[Johnnybravo300]

I wouldn't bother with letters. You need to walk in the office and get the key. The mail thing can go on forever and you're just playing their game. They have keys for all those gates at the office and they'll have an extra they can hand you.
I've taken blm and nfs gates down a few different times and it's easy to do as another option and there's no damage. The gates come apart at the hinges with a crescent wrench that I've seen and I've never shot a lock off. I didn't want to damage anything or give them reason to make a big deal of it. I did call the sheriff every time to let him know it wasn't vandals and it was just me and never heard a word about it. He said thanks for letting him know. I didn't have to do that but I had no reason to hide it.
On the flip side, I don't reinstall them. I only take them down and leave them laying in a heap.

I posted this three pages ago and youre still mailing letters haha. Oh well I tried.
The mining laws were written so we didn't have to beg or write letters for permission.

 

[Assembler]

I posted this three pages ago and youre still mailing letters haha. Oh well I tried.
The mining laws were written so we didn't have to beg or write letters for permission.

Very good point you make. Not all gates can be taken down with just a crescent wrench with little damage.
Thanks for posting Johnnybravo300.