Timber Cutting/Use Options

[realnice]

As the season for digging is approaching I am getting ready to finally get back to work at my claim after 2 whole seasons of no access:( (Look at my Sig Disturbance thread for more info on that) In my Plan of Operations I included that I will be fencing off part of my immediate work area with timber from the claim. Of course, as they have all along, the FS wants to make this an issue and turn it into a pain in my butt. I will be constructing a buck pole fence alongside 50 to 60 ft of my pit. They seem to think that I can use downed trees and If I need more than I'll have to wait for them to mark the trees which they will allow me to cut. This is a small fence and I would rather use the trees I want. I'm pretty certain that they have no right to restrict me in this way. Does anyone else use timber from their claim or have any experience with this?

FSM 2813.13b #2 States that I have the right to cut timber.

2. Right to cut timber on the claim for mining uses and for necessary clearing, except that timber cut in the process of necessary clearing cannot be sold by the claimant. The United States has the right to dispose of timber and other vegetative resources.

The FS continually seems to amend their own rules. Frustrating cannot describe it.




realnice

[CP]

Good job digging up the needed info realnice.

Yep very frustrating for sure when FS officials are attempting to intimidate via their positions held! Actually illegal but that's another entire avenue.
Timber is yours to use on the claim for purposes there and most importantly, you as the claim owner have what is called "first right" to that timber.......ie the FS has to ask you if they wish to cut any trees on the claim!
You as the claim owner say which trees are cut and when/why not the FS....they aren't the ones mining the claim and remind them of that.
FS says that tree stays.....answer is......"there is a large suspected deposit just under it, it's gotta go!" Tree replanting would always be part of the reclaimtion.....not used to restrict claim owners mining work via a BS "preservation" tactic.

Assert yourself and keep up the good work knowing where they should stand.

Let us know how they take the news. Now where is that chain saw oil!!