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wyodust
well its official, i filed my claim with the blm last friday......now just how long do i wait for they're blessings happy.gif
wyodust
well i just got my recept from the BLM they took my money, looks like im a claim owner cool.gif
sgaolson
HoRay laugh.gif
wyodust
ohmy.gif when we got home i had a card from the post office, seems i had a registered letter from the dept of the interior blink.gif turns out my claim is valid, but the southern most 5 acres or so falls on a usfs recreational area and im not allowed to prospect on it...oh well i did want to climb that dang hill anyways laugh.gif

bottom line is i am a claim holder and that makes me mucho happio biggrin.gif
CP
Congrats buddy but UMMMMMMMMM Dan?
RECREWHAT!!!!!!!!! mad.gif

If that letter doesn't state "withdrawn from mineral entry" specifically.....then can you say "smoke screen" and it's GREEN! ARRRRRGGGGG! mad.gif mad.gif

It takes an act of congress to withdraw an area from mineral entry....not a FS ranger districts head rangers wishes...... dry.gif

You could ammend the claim if this was the case but I didn't see "withdrawn from mineral entry" in your post.......

Don't give up on that 5 acres to the south..... wink.gif happy.gif

We'll talk more later dude...... ph34r.gif ph34r.gif

CP
wyodust
heres just a taste of the letter...

review of the master title documents and plats shows that the ********* ********* (cmc ######) placer claim lies partially within(pl4928)Foreset service Recreational Area withdrawal lands are not open to mineral location.
CP
If we had a emotioncon that was tossin it's cookies it would be here wacko.gif
Large drawn out SIIIIIIIGGGHHHHHH!

Okay, here we go. Classic move by the FS...... dry.gif

I just did a bit of looking through the gov pages and now slightly irratated mad.gif biggrin.gif
This is what I found about "recreational areas" in the CFR's.

It's about the Sawtooth national rec area......was it the first? I have no idea.
I do know that it's FS land and your claim is FS land....belongs to the citizens and should be consistent from one state to the next......right?

K.......Got a fresh cup o java?..........
A few sections I just pulled off the gov CFR pages........

QUOTE
[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR292]

[Page 369-396]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 292_NATIONAL RECREATION AREAS


Sec. 292.11  Introduction.

    (a) Administration of the Shasta and Clair Engle-Lewiston Units will
be coordinated with the other purposes of the Central Valley Project of
the Bureau of Reclamation and of the recreation area as a whole so as to
provide for: (1) Public outdoor recreation benefits; (2) conservation of
scenic, scientific, historic, and other values contributing to public
enjoyment; and (3) the management, utilization, and disposal of
renewable natural resources which in the judgment of the Secretary of
Agriculture will promote or is compatible with, and does not
significantly impair, public recreation and conservation of scenic,
scientific, historic, or other values contributing to public enjoyment.
    (b) The Secretary may not acquire without consent of the owner any
privately owned ``improved property'' or interests therein within the
boundaries of these units, so long as the appropriate local zoning
agency shall have in force and applicable to such property a duly
adopted, valid, zoning ordinance that is approved by the Secretary. This
suspension of the Secretary's authority to acquire ``improved property''
without the owner's consent would automatically cease: (1) If the
property is made the subject of a variance or exception to any
applicable zoning ordinance that does not conform to the applicable
standards contained in Sec. Sec. 292.11 to 292.13; or (2) if such
property is put to any use which does not conform to any applicable
zoning ordinance approved by the Secretary.




© Definitions
    (5) Mineral operations. All functions, work and activities in
connection with exploration, development, mining or processing of
mineral resources except prospecting which will not cause significant
surface disturbance and will not involve removal of more than a
reasonable amount of mineral deposit for analysis and study.

292.18 Mineral resources.

  (h) Mineral operations. The standards set forth in this paragraph
shall apply to a private property or portion thereof in any land use
category which is used for mineral operations. To aid in determining
whether a planned mineral operation will conform to these standards, the
owner of the property shall submit to the Area Ranger a proposed plan of
operations. If the Area Ranger determines that the proposed operation
conforms to the standards established herein he will approve the plan
and such approval shall constitute the certification provided for in
Sec. 292.15(d).
    (1) Operations will be confined to those locations where they may be
conducted without substantially impairing or detracting from the scenic,
natural, historic, pastoral, and fish and wildlife values of the area.
    (2) The general standards set forth in paragraph © of this section
shall apply to any mineral operations.
    (3) The operations as described in the plan of operation and as they
are carried out in accordance with the plan shall:
    (i) Comply with Federal and State air and water quality and waste
disposal standards.
    (ii) Minimize adverse impacts on scenic values.
    (iii) Provide for prompt stabilization and restoration of areas
disturbed by the operations.

[39 FR 11544, Mar. 29, 1974, as amended at 69 FR 55094, Sept. 13, 2004]

        Subpart D_Sawtooth National Recreation Area_Federal Lands

    Authority: Sec. 1, 30 Stat. 35, 36, as amended, 16 U.S.C. 478, 551;
sec. 11, 86 Stat. 612, 16 U.S.C. 460aa-10.



Well that don't sound like it being a "recreation area" withdraws it! Does it? ohmy.gif huh.gif

I'll keep looking through it when I got more time but sounds like you may want to start reading up on this yourself.

Fostering and encouraging? hmmmmmmmmmmm dry.gif

CP
wyodust
laugh.gif i knew this would irk ya


nope sounds like i can prospect it, but they dont need to know it wink.gif
plp.001
Hi Wyo

First thing you need to do is file a Freedom of Information Act request to the Forest Service to see what the withdrwal is, for the recreation area. If it is withdrawn from mineral entry or not, under what Act

Before you do that read about the Picket Act of 1910.

"Type into google "Pickett Act 1910 does not apply to metalliferous minerals"

When it comes up click on the first article and go to "page 8" "part 4"

You may want to read the whole thing.

Good Luck

Jerry
CP
Thank you Jerry.
Wyo you better get to readin! biggrin.gif
I also found a couple more links for you to check out.
PL4928 is actually PLO4928 which is a public land order..... found that here
BLM Public Land Order listing
The PLO states authority from 35fr16633 which is not in the online data bases....So you need to make a trip to a fed library to get that one.

The second link here is a list of different types of withdrawls by definition.
Withdrawl definitions

Check out the authority link too.......especially take note of the last little paragraph!
Withdrawl Authority

Let me know if you find that fr.....be interesting to see that.

CP
wyodust
huh.gif i need a lawyer on staff...any donations? happy.gif
Evil Ernie
I'll represent ya!!!! ROTFLMAO!!!!!!!! I'll wear my leopardskin thong (and a tie to be respectful) to court and there'll be no way you can lose!!!! Heck we might get the whole park!!!!
wyodust
blink.gif i just got that vomit taste in my mouth
wyodust
just a note, all fee's paid before the end of august happy.gif
Coalbunny
QUOTE (Evil Ernie @ Jun 9 2006, 03:16 PM)
I'll represent ya!!!! ROTFLMAO!!!!!!!! I'll wear my leopardskin thong (and a tie to be respectful) to court and there'll be no way you can lose!!!! Heck we might get the whole park!!!!

Ernie- NO! PLEASE! Whatever you do, Don't do that! They'll ban mining for sure! tongue.gif
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