Legislation & Regulation
Ask The Experts: Should I take my claim access problems to the Desert Advisory Council?
September 2016 by Scott Harn
Q: The nearest access to the claim is a half mile walk, which is tough for a lode claim.
Legislative and Regulatory Update
Suction dredging court cases in California linger on
Forest Service v. Michael & Linda Backlund
On Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.
Captain Obvious Strikes Again
The paper’s crack reporters filed requests under the Freedom of Information Act, demanding public release of “secret” emails explaining why the Interior Department recommended, and President Trump approved, shrinking Bears’ Ears and Grand Staircase Escalante National Monuments.
MMAC & PLP Update
We definitely got their undivided attention with our presentations. As a direct result of our presentations, the Desert Advisory Council recommended a Memorandum of Understanding be put together between the council and the Rand Mining District. This MOU was recently completed.
Miners Fight Back Against Road Closures
In the meeting, we presented Ms. Skalski with the various court cases from the 9th Circuit Court on these settled law cases and she was mortified.
MMAC & PLP Update
…what I’d like to focus on in this update is the assistance they provided to a suction gold dredger in Idaho being harassed by an environmental group.
Dredge Mining—Current Situation in Idaho
Tomten concedes the scenario of federal environmental agents swooping in on river dredges near historic mining towns like Idaho City, Rocky Bar or Placerville remains unlikely.
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