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"Roadless Area"
JMDOBB985
post Mar 7 2017, 10:34 AM
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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
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johnnybravo300
post Mar 7 2017, 01:42 PM
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There are different reasons for road closures but a designated "roadless area" makes me think "wilderness area". Is the area open for mineral entry or is it protected? You may need to follow up with the blm for specifics unless you can take a pic of the map and post it.


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JMDOBB985
post Mar 8 2017, 06:45 AM
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QUOTE (johnnybravo300 @ Mar 7 2017, 12:42 PM) *
There are different reasons for road closures but a designated "roadless area" makes me think "wilderness area". Is the area open for mineral entry or is it protected? You may need to follow up with the blm for specifics unless you can take a pic of the map and post it.




Looking at a Surface Management Status Map dated 2005 the area is just listed as National Forest, not Wilderness. I am pretty sure these "Roadless Areas" have came about since this map was produced and wasn't sure if these new area restrictions
could impact my rights to stake a claim and if not could I still use the "closed" FS road for a "non recreational" purpose without asking for permission from the NF Service?
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johnnybravo300
post Mar 8 2017, 09:22 AM
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Sounds like you could walk in to prospect but not drive in. That's my best guess hehe. That map is 12 years old and things could be different there now. I know some trails were closed where I lived after the hayman fire because of erosion. Forestry has been on a trail closing rampage the last few years. Their excuse is whatever trails they can't maintain they are just shutting down, at least around here.




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traddoerr
post Mar 8 2017, 10:42 AM
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Hello All,

This is an area I'm very familiar with. Not all road-less areas are wilderness, in fact most/all are not wilderness at all, this is a management plan that came about in the 90's to close and reclaim roads that the USFS doesn't maintain or wasn't originally designated as USFS access roads, such as old logging, mining, fire break roads, or roads that were made from other uses outside of USFS purposes. This management plan came against a great deal of resistance back then, but under the administration of 'Slick Willy' Clinton, they approved it under another agenda and bill. You can go to the USFS site and look up the details of this management plan. In no way dos it keep you from mineral exploration, unless the area is withdrawn. Good example to see what the end result of this reclamation of the roads will look like hike around Winter Park, most are made that even the animals will have a hard time traversing the old roads. Again, go to the USFS site to get the details for yourself, the internet is never 100% fact information.
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Clay Diggins
post Mar 8 2017, 10:51 AM
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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:
QUOTE
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
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MikeS
post Mar 8 2017, 07:23 PM
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Welcome to the forums JMDOBB98! sign0016.gif

Maps can be misleading when it comes to public road access for sure. If the road is still open with no gate or markings indicating a closure to motor vehicles then I would think you could use it. If you are talking about a road that has been closed to motor vehicles then you may be looking at inquiring at the local F.S. office for access.

Prospecting or staking a claim there depends on if the area is open for mineral entry and not already claimed by someone else.


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JMDOBB985
post Mar 9 2017, 07:51 AM
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Thanks for all of the reply's guys!! Will follow up with the info you provided.

Jim
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