http://goldprospectors.org/newforum/forum_...=10301&PN=3
Rockbuster, I do not intend my post to be a confusion, or as you have stated. But that you think they are must be addressed. This is not necessarily the easiest medium but I'll try to clear things up as it appears to Me you misunderstand, or misinterpret of what I am saying or producing, to explain or support. I thought the Congressional Record of 2000 was very clear in its discussion. The Honorable Jim Gibbons does a great job explaining the private property aspect of our granted entry claims, also.
Your definition "In unpatented mining claim, on public lands ‘minerals as a word in the law does not include the land’" pertains, at best, to administrative entry minerals on public land under such disposal laws as the 1955 Act. I am not speaking to administrative locations on the public land. The grant of 1866 does not address what it did not grant. The grant speaks of the public domain mineral estate NOT public land mineral disposal.
I am exposing that when you locate granted minerals under authority of the grant of 1866, it's granted property, rights, or entitlements, saved by every subsequent legislation, as I have now found as clearly explained in the Congressional Record of 2000, your location is on the public DOMAIN. The acts of 1866, of 1897, and 1891 explain this clearly. Public domain is NOT public land. The property, rights, or entitlements on public domain are NOT the same as those on public land. And under the grant you automatically get all the surface, the water, the access, and water even if it is not on the property. Administrative locations such as those under the Act of 1955 are on PUBLIC LAND, not the public domain, and everything obtained, under, for instance, the 1955 act requires a license, permit, or contract. Granted mineral location does not require any license, permit, or contract.
Your definition is for leasables, saleables, or disposables. It is not applicable to the mineral estate granted and "disposed of" in 1866. If you do not know there is a difference you will never understand what I am saying. If you do not know the example of the two-branched mineral estate tree, you may not be able to easily see the fact. All subsequent disposal laws after the Act of 1866 , such as the 1955 Act which dealt with leasables and saleables of common variety mineral such as sand, gravel, and sandstone, etc., have savings clauses protecting the gifts granted by the Act of 1866 as clearly explained in the Congressional Record.
Part 3800 is not applicable to granted mineral estate locations. Granted private property mineral locations under the authority of the Act of 1866 are not "special uses" subject to this Part.
Subpart 3809, is not applicable to granted mineral locations as the Authority shows and as it expressly states at 3809.2 Scope.
You can hear the explanation read from the rules here: (Note: The following mp3s may take a few moments to load, Please be patient)
43 CFR 3809 No Authority Over Property
http://archives.restoretherepublicradio.co...21815-00-00.mp3
Subpart 3802 pertains to wilderness study areas, and is not applicable to granted entry in any regard.
Subpart 3715 is not applicable to granted minerals as the "Authority" for the part clearly shows. In other words, what we Mineral Estate Grantees do is not a "special use" subject to this subpart.
You can hear the explanation read from the rules here:
43 CFR 3715 Deceptive Sentences
http://archives.restoretherepublicradio.co...21915-00-00.mp3
43 USC 1732 expressly prohibits all land management authority over any vested property, right, or entitlement, such as those entitled under the Grant of 1866.
You can hear the explanation read from the statute here:
Other Authorization Trumps Agency Enforcement Authority
http://archives.restoretherepublicradio.co...21615-00-00.mp3
The Transfer Act of 1905 expressly prohibits Forest Service having any authority over minerals all together.
The terms used in Subpart 3809 are from 40 CFR 1508 and "shall be uniform throughout the Federal government". And without consent of the property owner to be part of a major federal action, which receives federal funds, with agency discretionary authority over the project, program, or demonstration those terms are not applicable. Those terms include "Notice of Intent" from which the POO must be drawn. Therefore, the NOI and the POO are not required because, without more, the NEPA is not applicable to private property in-holdings on either the public domain or public land.
You can hear the explanation read from the rules here:
http://archives.restoretherepublicradio.co...42415-00-00.mp3
You write as if you did not read the Congressional Record I supplied. I would ask that you read it or reread it as the case may be. Here is some supplemental case law:
Federal mining claims are "private property" Freese v. United States, 639 F.2d 754, 757, 226 Ct.Cl. 252 cert. denied, 454 U.S. 827, 102 S.Ct. 119, 70 L.Ed.2d 103 (1981); Oil Shale Corp. v. Morton, 370 F.Supp. 108, 124 (D.Colo. 1973).
"Mineral rights are ownership in land, and therefore Lewis is a landowner. See, e.g., United States v. Shoshone Tribe of Indians of Wind River Reservation in Wyo., 304 U.S. 111, 116, 58 S.Ct. 794, 82 L.Ed. 1213 (1938) (with respect to question of ownership, “[m]inerals ... are constituent elements of the land itself”); British-American Oil Producing Co. v. Bd. of Equalization of State of Mont., 299 U.S. 159, 164-65, 57 S.Ct. 132, 81 L.Ed. 95 (1936) (finding a mineral estate an estate in land); Texas Pac. Coal & Oil Co. v. State, 125 Mont. 258, 234 P.2d 452, 453 (1951) (“[ l ]ands as a word in the law includes minerals”). We need not decide whether the term “landowner” as it is used in Forest Service regulations and orders always includes owners of mineral estates. Here, the government conceded at oral argument that Lewis is a landowner under the terms of the closure order before us and thus exempt from this closure order. " Hicks 2002.
"When the location of a mining claim is "perfected" under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term; and may be sold, transferred, mortgaged, and inherited without infringing any right or title of the United States....The owner is not required to purchase the claim or secure patent from the United States; but so long as he complies with the provisions of the mining laws his possessory right, for all practical purposes of ownership, is as good as though secured by patent." Wilbur v. U.S. ex rel. Krushnic, 1930, 50 S.Ct. 103, 280 U.S. 306, 74 L.Ed. 445.
Cheeser, I'm not asking anyone to trust Me, so it is a good thing you do not. The government also says not to trust it, {see its Disclaimers}.
I am, however, asking you to do the most basic of research so you can stop getting yourself into unnecessary entanglements with agency having no authority to interfere, diminish, or obstruct the vested property granted under the Act of 1866 and which granted property, rights, or entitlements have been saved by the required clause in every subsequent mineral disposal law; As clearly stated in the Congressional Record of 2000.
I can not force anyone to see what they are unwilling to see. If you want to throw yourself under the administrative bus, this is America, you can do so if you wish. But this is America. I nor anyone else is compelled to follow you into an accident. To resist tossing ourselves under the bus, we need knowledge and have the certitude and will to apply that knowledge required to look before leaping. I hope this explanation helps to that end.
Cohiba, what does your question about taxes have to do with the price of tea in China?