Re: MYTHS AND TRUTHS about Mining in a Wilderness Area
Posted: Sun Aug 23, 2009 1:51 pm
With all due respect, Jim, I have personal experience with the BLM and mining claims. While this is not exactly directly related to the topic, it is because the BLM controls public land uses. My father had a viable quartz claim which could be traced back over 100 years of continual operation. In that time all assesment work was done on time and fees were paid. The BLM decided to do a "mineral survey" and decided that even though we had recipts of quartz sales and customers, the BLM declaired the claim invalid and attempted to charge my father with criminal tresspass and unlawfull mining. He died before he was served. Tha mine is now empty. Now the mine was on forest service lands. The forest service said they control only surface resources. The BLM controls all mineral resources.
Therefore, with all due respect to the topic of the thread, you WILL encounter the BLM on any attempted claim on any wilderness area. I can search case law for rulings against people who attempted to file claims in wilderness. So far, to my knowledge, the BLM has won 100% of all cases and the people who tried to post a claim had major fines and penilities levied against them. My advise, if you find a viable mineral deposit on wilderness, high grade it. Leave no trace of who was there. Go at random times. I know it is harsh, but the rules are set against us.
Jim I do not mean to say anything against the topic, but here is what the BLM says. http://www.blm.gov/wo/st/en/prog/more/n ... erals.html
Mineral materials are some of our most basic natural resources, such as sand, gravel, dirt, and rock, used in every day building, and other construction uses. These materials generally are bulky and have low unit price. Their sheer weight makes their transportation costs very high. Adequate local supplies of these basic resources are vital to economic life of any community. BLM's policy is to make these materials available to the public and local governmental agencies whenever possible and wherever environmentally acceptable.
BLM sells mineral materials to the public at fair market value, but gives them free to states, counties, or other government entities for public projects. Also a limited amount may be provided free to non-profit groups. Materials obtained free of charge cannot be bartered or sold. BLM shares a portion of the revenues from the sale of mineral materials is shared with the state where the minerals are produced.
There is no specific application form for requesting removal of mineral materials from public lands. Persons interested in buying mineral materials should contact the local BLM District or Resource Area office closest to the area of need or closest to the public land where the desired material is found. Regulations which guide BLM's mineral materials program are found in Title 43 Code of Federal Regulations (CFR), Group 3600. Regulations governing contracts and permits for mineral materials are contained in Title 43 CFR, Subparts 3610 and 3620, respectively.
BLM disposes of mineral materials in conformance with agency land use plans. Anyone removing mineral materials must comply with applicable laws, including the Environmental Protection Act. Use authorization includes National Environmental Protection Act compliance. BLM conducts inspection and production verification to assure compliance with the terms of the contract or permit, and prevention and abatement of unauthorized use.
The BLM is the heavy hitter for public lands management. If you have a ton of cash, I say go and fight them. Good luck.
Mike
Therefore, with all due respect to the topic of the thread, you WILL encounter the BLM on any attempted claim on any wilderness area. I can search case law for rulings against people who attempted to file claims in wilderness. So far, to my knowledge, the BLM has won 100% of all cases and the people who tried to post a claim had major fines and penilities levied against them. My advise, if you find a viable mineral deposit on wilderness, high grade it. Leave no trace of who was there. Go at random times. I know it is harsh, but the rules are set against us.
Jim I do not mean to say anything against the topic, but here is what the BLM says. http://www.blm.gov/wo/st/en/prog/more/n ... erals.html
Mineral materials are some of our most basic natural resources, such as sand, gravel, dirt, and rock, used in every day building, and other construction uses. These materials generally are bulky and have low unit price. Their sheer weight makes their transportation costs very high. Adequate local supplies of these basic resources are vital to economic life of any community. BLM's policy is to make these materials available to the public and local governmental agencies whenever possible and wherever environmentally acceptable.
BLM sells mineral materials to the public at fair market value, but gives them free to states, counties, or other government entities for public projects. Also a limited amount may be provided free to non-profit groups. Materials obtained free of charge cannot be bartered or sold. BLM shares a portion of the revenues from the sale of mineral materials is shared with the state where the minerals are produced.
There is no specific application form for requesting removal of mineral materials from public lands. Persons interested in buying mineral materials should contact the local BLM District or Resource Area office closest to the area of need or closest to the public land where the desired material is found. Regulations which guide BLM's mineral materials program are found in Title 43 Code of Federal Regulations (CFR), Group 3600. Regulations governing contracts and permits for mineral materials are contained in Title 43 CFR, Subparts 3610 and 3620, respectively.
BLM disposes of mineral materials in conformance with agency land use plans. Anyone removing mineral materials must comply with applicable laws, including the Environmental Protection Act. Use authorization includes National Environmental Protection Act compliance. BLM conducts inspection and production verification to assure compliance with the terms of the contract or permit, and prevention and abatement of unauthorized use.
The BLM is the heavy hitter for public lands management. If you have a ton of cash, I say go and fight them. Good luck.
Mike