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Posted by: ColoradoProspector Aug 20 2007, 09:51 AM

Hey Everyone,

Thought this would make a great thread.

How does the United States Code (USC), The Code of Federal Regulations (CFR), and the Federal rigister all work to make up your "in field" experiences within (Y)OUR national lands and the uniformed officials you meet?


CP

Posted by: russau Aug 21 2007, 05:19 AM

all of this boils down to the feild officer and the prospectors interpratation of the law,code,rules at the time of the incident/event. if the officer/ranger/forest service worker is involved in or lives for the green agenda or just dont know the law or beleives in what someone else told them about small scale miners,then Katy-bar-the-door. most of these types of people really dont have any idea of what your doing other than ruining nature,because they havent took the time to read/understand the law or what we actually do. whhen you do have a chance to find such a person that would be interested in listening to what we do, then you better take the time to do a good job explaining to him about it. he may,just in fact become your newest dredge partner.

Posted by: Coalbunny Aug 22 2007, 02:13 AM

Edited by moderator: This thread will be kept constructive. Thanks

CP

Posted by: ColoradoProspector Aug 22 2007, 08:44 AM

Thanks Russ, you are kind of on the right track here.
We the citizens need to read and learn what the officials won't about their own jobs.......that your taxes pay for!
So, What we all have the responsibilty to do is...........Dig in!!
Takes alot of time and isn't even very interesting reading...... But someone has to do it!

All the CFR's are intertwined so to speak with not only other CFR's but they are written on interpretations from the laws (USC) as folks like Jerry have been telling us for a long time.
We must "back track" through all the codes, regs, and laws to get a real understanding for what is written and how the flow goes.

Only then will WE THE PEOPLE have the power to change the wrongs!

Keep the thoughts/questions coming folks.......

CP

Posted by: traddoerr May 14 2011, 08:12 PM

I have a question about the USC/CFR, When there is a contridiction of the 2, which has jurisdiction over the other. example "archaeological resourses", in the USC it claims any thing over 100 years old and in the CFR it says any thing over 50 years old, so which do you go by? I'm no leagle expert but this could be confusing.

Posted by: ColoradoProspector May 17 2012, 06:46 AM

The USC would be the law or U.S. Code and the CFR's are the code of federal regulations.
USC being the law and the CFR's being the regulations that will supposedly help implement the law properly and consistently.

Sorry for the delayed response on this question, I'm trying to catch up on some posts that never got responses lately.

Posted by: traddoerr May 28 2012, 09:35 PM

Thanks CP, better late then never :) In my case last year I actually challanged the CFR of 50yrs and won against the USFS, The judge said that nothing he could see that was 50yrs old was significant to history as it is defiened unless it was a significant event (old mines and old camp sites that I was MDing). It pays to do your research of the laws.

Posted by: swizz May 28 2012, 10:45 PM

QUOTE (traddoerr @ May 28 2012, 09:35 PM)

...last year I actually challenged the CFR of 50yrs and won against the USFS, The judge said that nothing he could see that was 50yrs old was significant to history as it is defiened unless it was a significant event (old mines and old camp sites that I was MDing). It pays to do your research of the laws.

Posted by: traddoerr Jul 10 2012, 04:47 PM

Sorry I didn't respond sooner, thanks Chris but I only exercized my rights and not to mention that the USC/CFR on this subject have a big contradiction with one another. One thing I did learn coming out of this is most of the FS employees are not against the public or public use but need some more insite to the laws or to have a better management leader in their district, and that the majority of public input has alot to do with how some management plans are written and implimented in our public lands, BUT that the current prospecting/mining laws are a right and should not be violated and the judge referred to that as well and referred to a law that ANY person can be charged with a felony in doing so.

I haven't had any problems with them sence but there are alot of people just running around prospecting/digging where ever they want (claim jumping) and that is causing some of the issues for those of us following the laws, giving some a bad attitude and legal prospectors a bad reputation.

I hope every one is having fun diggin/search'n this season, so far we have! good luck to you all!