"Roadless Area" Options

[JMDOBB985]

Newbie here....

Just had a couple questions regarding a "roadless" area in Pike Nat'l forest that I am looking to open a claim in. My 1st question is regarding whether these area's are open to mining claims? I was also wondering if I have to get approval from the
FS to access this area via a "closed" FS road on my ATV to carry my equipment? No gate on this road, just shows closed on a forest map online which used to be listed as "4wd" until the area went raodless***

Thanks in advance for your advise,

Jim

[Clay Diggins]

You can locate mining claims in roadless areas as long as the land is still open to location. The roadless designation itself does not prohibit mining claims or curiously road use or construction. It is simply a management overlay for the use of the Forest Service.

You will find the rule and the legal basis behind it in the Federal Register (PDF).

Here are the parts you are probably looking for:

Under this final rule, management actions that do not require the construction of new roads will still be allowed, including activities such as timber harvesting for clearly defined, limited purposes, development of valid claims of locatable minerals, grazing of livestock, and off-highway vehicle use where specifically permitted. Existing classified roads in inventoried roadless areas may be maintained and used for these and other activities as well.

Access for the exploration of locatable minerals pursuant to the General Mining Law of 1872 is not prohibited by this rule. Nor is reasonable access for the development of valid claims pursuant to the General Mining Law of 1872 prohibited. In some cases, access other than roads may be adequate for mineral activities. This access may include, but is not limited to, helicopter, road construction or reconstruction, or non-motorized transport. Determination of access requirements for exploration or development of locatable minerals is governed by the provisions of 36 CFR.

Paragraph (b)(3) permits the construction and reconstruction of a road pursuant to rights granted in statute or treaty, or pursuant to reserved or outstanding rights. These include, but are not limited to, rights of access provided in ANILCA, highway rights-of- way granted under R.S. 2477, and rights granted under the General Mining Law of 1872, as amended. Rights of reasonable access for mineral exploration and development of valid claims would be governed by the General Mining Law under any of the alternatives considered in the FEIS. These rights of access may or may not include new road construction as discussed elsewhere in this preamble. Therefore, rights of access to locatable mineral exploration and development of valid claims would not be affected by the final rule or any of the alternatives analyzed in the FEIS (FEIS Vol. 1, 3– 254).

I would suggest you read and understand the whole rule before you proceed. Clearly the rule doesn't prohibit mining, mining claims, roads or road use. There may be many other rules, regulations or laws you need to consider along with researching the current land status for your area of interest. This is offered only to help you begin your understanding of the roadless rule. I don't give legal advice on the internet. Do your own due diligence before prospecting or locating a mining claim.

Good luck and
Heavy Pans