Prospecting, Government definitions Options

[CP]

For those of you wondering exactly what "prospecting" would be defined as..............

Here is Colorado state gov's definition.

34-32-117 (2).
(12) "Prospecting" means the act of searching for or investigating a mineral deposit.
"Prospecting" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes and digging pits or cuts and other works for the purpose of extracting samples prior
to commencement of development or extraction operations, and the building of roads, access
ways, and other facilities related to such work. The term does not include those activities
which cause no or very little surface disturbance, such as airborne surveys and photographs,
use of instruments or devices which are hand carried or otherwise transported over the
surface to make magnetic, radioactive, or other tests and measurements, boundary or claim
surveying, location work, or other work which causes no greater land disturbance than is
caused by ordinary lawful use of the land by persons not prospecting. The term also does
not include any single activity which results in the disturbance of a single block of land
totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances will not
exceed five acres statewide in any prospecting operation extending over twenty-four
consecutive months.

CP

This post has been edited by ColoradoProspector: Jan 4 2007, 05:41 PM

[CP]

No more comments/questions yet?!

Okay, I'll post a couple questions in.........

Regulations can not be enforced on citizens in place of laws....right?
So what are the regulations for? And how are they used?

Well it could be that if these regs are not used to regulate the citizens that they are used to dictate how the government and it's emplyees do regulate the citizens and or our public lands.
Let's see.......government employees are paid with our tax dollars.
So it makes sense that how they do their job and with what authority would be dictated by..........by what?

Ah yes.....the CFR's! The "C"ode of "F"ederal "R"egulations is in fact what contains the do's and don'ts for the government employee's job!
Which are backed by the laws as written in the USC (United States Code)

The regs may not be enforcable on us as citizens, but they are very enforcable to the government's employees who are directed through laws and regulations to know and use these regulations when doing their daily job duties.

Not only are they directed (as requirement of the job) to know and use these regulations, (cfr's, fsm, fsh....etc) they are also required by laws/regs to use them in conjunction with one another. IE.......43cfr (blm primarily) MUST BE USED in all mining decisions FS makes. But wait ....36cfr is for FS right?
Yes, 36cfr is for FS lands. And anyone who has actually read through 36cfr228 for mining activities on NF lands can plainly see that this subpart alone is not only vague but not actually about mining at all........just how to mitigate against it.

The parts they don't want you to know are that they are required (as government employees.....FSH, FSM) to do certain things, use certain regs, and FOSTER/ENCOURAGE certain rights!
Not prevent them!!!!

Another notable fact in the regulations are many "inter-agency agreements" (quoted in many cfr's) as not only part of the requirement of the job.....but also used to present the use of the regs by the officials in a "fair and consistent manner"!

Just because a law/regualtion/code isn't enforcable upon you as a citizen doesn't mean it isn't enforcable some where, some how, on some overzealous misinformed rights stomper wearing a uniform!

Knowing more of what ANY LAWS/REGS/CODES say pertaining to the activity in question will better for the persons involved!

Want to look up some more on your own?......... Here is a great link to access all USC, CFR, PLO .....etc
GPO Access website

Guess that was more than a "couple" questions!
CP

[faaus]

CP, you ,ake some very interesting points in this post. The difference between regs and laws are very important for us to understand.

Thanks for that great post.

Heavy Pans,
faaus

No more comments/questions yet?!

Okay, I'll post a couple questions in.........

Regulations can not be enforced on citizens in place of laws....right?
So what are the regulations for? And how are they used?

Well it could be that if these regs are not used to regulate the citizens that they are used to dictate how the government and it's emplyees do regulate the citizens and or our public lands.
Let's see.......government employees are paid with our tax dollars.
So it makes sense that how they do their job and with what authority would be dictated by..........by what?

Ah yes.....the CFR's! The "C"ode of "F"ederal "R"egulations is in fact what contains the do's and don'ts for the government employee's job!
Which are backed by the laws as written in the USC (United States Code)

The regs may not be enforcable on us as citizens, but they are very enforcable to the government's employees who are directed through laws and regulations to know and use these regulations when doing their daily job duties.

Not only are they directed (as requirement of the job) to know and use these regulations, (cfr's, fsm, fsh....etc) they are also required by laws/regs to use them in conjunction with one another. IE.......43cfr (blm primarily) MUST BE USED in all mining decisions FS makes. But wait ....36cfr is for FS right?
Yes, 36cfr is for FS lands. And anyone who has actually read through 36cfr228 for mining activities on NF lands can plainly see that this subpart alone is not only vague but not actually about mining at all........just how to mitigate against it.

The parts they don't want you to know are that they are required (as government employees.....FSH, FSM) to do certain things, use certain regs, and FOSTER/ENCOURAGE certain rights!
Not prevent them!!!!

Another notable fact in the regulations are many "inter-agency agreements" (quoted in many cfr's) as not only part of the requirement of the job.....but also used to present the use of the regs by the officials in a "fair and consistent manner"!

Just because a law/regualtion/code isn't enforcable upon you as a citizen doesn't mean it isn't enforcable some where, some how, on some overzealous misinformed rights stomper wearing a uniform!

Knowing more of what ANY LAWS/REGS/CODES say pertaining to the activity in question will better for the persons involved!

Want to look up some more on your own?......... Here is a great link to access all USC, CFR, PLO .....etc
GPO Access website

Guess that was more than a "couple" questions!
CP