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LENGTH OF STAY IN NATIONAL FOREST, Are prospectors exempt from 14 day limit?
English
post Jan 30 2009, 10:02 AM
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Hello everybody!
Hope you can help...
I'm planning a gold prospecting trip for "claim staking" purposes.
I'm now in the process of narrowing down my search area within a National Forest.
All National Forests promote a 14 day camping limit.
One National Forest said 14 days within a 90 day period (I wonder if that applies to them all).
I'm open to the possibility of it taking more than 14 days to find a "profitable" claim within my search area.
I can't imagine the 14 day rule applying to prospectors.
Are prospectors exempt?
If so please point me to the source (Web link) if available.
If you don't have the link but know the info tell/write me anyway. Thanks!
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nm jack
post Jan 30 2009, 01:21 PM
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Prospectors are not exempt as far as I know. My advice to you is look for a claim on BLM
land not USF as they are not as user friendly. emoticon-misc-004.gif
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CP
post Jan 30 2009, 05:52 PM
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Good question posed here English.

Hopefully I can point you to some good information about this along with others input.

Lets start with one Forest vs another.......yes they should be consistent at federal level or FS lands (law states so) unless there are special designations in that particular area. If there are supposed "special designations" then there are also laws about notifying the public as to those....ie must be posted at the actual site, in their district office for that area etc.

Prospectors looking for new claims are not exempt to the 2 week camping (recreational) rule as I understand it, but at the point which you have a claim filed then that all goes out the window as you can work your claim all day everyday of any day that you can tolerate the weather. The government can not tell you the claim owner when you may work your claims.

Some more info that might help you can also be found in other threads around the CP forum too.....begining with....

Forest service uses 36CFR228 alot but in it's purpose (228.1) states that "It is not the purpose of these regulations to provide for the management of mineral resources; the responsibility for managing such resources is in the Secretary of the Interior."

This next one deals with prospecting permits from the FS........states you do not need to have any special authorization at this level activity.
FSM (forest service manual) prospecting/mineral collecting 2860 & 2862

And another about actual government definitions for "prospecting" for several entities.
All these and much more can be found in the Prospecting/Mining laws, regulations section of the forum.

Best of luck with the new claim prospects and we would love to hear how things go.
CP


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Coalbunny
post May 18 2009, 02:40 AM
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QUOTE (English @ Jan 30 2009, 09:02 AM) *
Hello everybody!
Hope you can help...
I'm planning a gold prospecting trip for "claim staking" purposes.
I'm now in the process of narrowing down my search area within a National Forest.
All National Forests promote a 14 day camping limit.

And you will be expected to adhere to that limit. Except the 14 day period really does vary per area. Different districts have different rules for different areas, depending on a number of factors. Could be a previous lease agreement; could be geological; could be biological; could be nearly anything. In the San Isabel District it is typically 14 days. But in the Arapaho District I have seen areas that are 18 days.

QUOTE (English @ Jan 30 2009, 09:02 AM) *
One National Forest said 14 days within a 90 day period (I wonder if that applies to them all).

If you stay all 14 days, it can be. I don't see how you will be bound to stay in any one location for 14 days, though. You can "drag it out" and stay far longer, but every 3-5 days, move your camp site 1/4 mile. And document the locations & when you were there (with a GPS and map) so if you're questioned, you an pull out the paper and say "see here? These are the locations and the dates we were there". I have never seen a ranger argue with that (though they may want a copy).

QUOTE (English @ Jan 30 2009, 09:02 AM) *
I'm open to the possibility of it taking more than 14 days to find a "profitable" claim within my search area.

I wish you the best of luck in finding the Mother Lode!

QUOTE (English @ Jan 30 2009, 09:02 AM) *
I can't imagine the 14 day rule applying to prospectors.

It does if you don't have a claim or written consent to work a claim. The latter gets really tricky though.

QUOTE (English @ Jan 30 2009, 09:02 AM) *
Are prospectors exempt?

Only if they have a claim. Then they can stay until they die of old age or run out of spunk.


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Today's socio-political climate is rock solid proof that Adam and Eve weren't prospectors.
If they were they'd have eaten the snake instead of the apple and we'd still be in heaven....
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