Criminal charges against small scale miners for extended camping, USFS tries to intimidate miners with 36 CFR 261 Options

[Sue-em]

I am one man standing up for my rights. I have a placer claim in NE Oregon on the North Fork John Day River. In 2012 I decided to remain on my claim and mine through the winter. The USFS took exception and threatened criminal charges and impoundment. Finally, in April, 2013, they followed through, citing me under 36 CFR 261 for maintaining structures (2 small trailers, solar panels, and such) and residing without authorization. The district court (magistrate) found that I had violated my Notice of Intent by staying longer than the end of October, 2012, but that the USFS hadn't proven that I needed a Plan of Operations for maintaining the structures. I represented myself at trial, but had a court appointed attorney for my appeal to the District Court Judge and now to the 9th Circuit Court of Appeals.The USFS impounded my stuff as "evidence" but didn't enter it into the court record. I have filed a civil case for $275,000 for violating my civil rights (illegal search and seizure/denial of due process) that is due for trial early next year.

This year - 2014, USFS told me I didn't need a Notice of Intent. Then USFS law enforcement issued another impound notice for my campsite and cited me under 36 CFR 261 for maintaining and residing again. I should go to trial on this stuff in September, but I finally got a CERTIFIED Minerals Administrator to get the local District Ranger and lawless enforcement to back off on the 14 day stay stuff.

Once I have a feel for where this is going, my plan is to file another civil action for denial of due process and emotional distress to me and my fellow claimants in the amount of $2.5 million. The first case should serve as a training run for the new one.

One person standing alone can make a difference. I've learned a lot about the rules, know the FSM and FSH's as well as or better than the "officials", and learned about the Federal Register. There's some good reading about NOI's and POO's and what was intended when 36 CFR 228 was revised at http://www.gpo.gov/fdsys/pkg/FR-2005-06-06/html/05-11138.htm . Likewise, there is clarification about NOI's and POO's relating to criminal charges for occupancy under 36 CFR 261 at http://www.gpo.gov/fdsys/pkg/FR-2008-11-06/html/E8-26448.htm .

If you fall under the exemptions for a Plan of Operations and don't use your claim for any prohibited functions, the burden is on the USFS to prove that your mining is insufficient to warrant occupancy. That generally requires a formal Surface Use Determination. My District Ranger didn't seem to want to go that route, and even failed to get assistance from a Certified Minerals Administrator, instead relying upon an uncertified minerals administrator.

This stuff has cut into my mining time and I have spend a bit of $ on this. Does anyone have any experience in these matters recently? Any free advice?