Forest Service v. Michael & Linda Backlund
December 2010 by James BuchalOn 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.
On July 4, we are reminded of the sacrifices our Founding Fathers made to establish this great country of ours, and in that spirit, the Minerals and Mining Advisory Council (MMAC) has created a draft Declaration of Miners.And MMAC has been hard at work writing a bill, with the unwavering support of several members of Congress, to reaffirm the rights of miners operating in traditional mining districts.
Another California Assembly member, Jared Huffman, is attempting to ban dredging in the state on a more permanent basis.
• BLM proposed budget asks for funds for mining restrictions
• Oregon bill 838
• California suction gold dredging update
• BLM claim fees rise
• Critical minerals bill
• Sage-grouse habitat
• Critical minerals a priority
• Montana miners win again
• MSHA backs down
• Environmental groups as foreign agents
In May, 2016, the Andersons received a letter from Steve Niemela at the Oregon Department of Fish and Wildlife requesting access to their property to conduct surveys for “foothill yellow-legged frogs and other amphibians.”
We all know that it was never Congress’ intent to regulate gold panners and other individual mine operators through MSHA. In fact, I believe the concept of owner-operated mines with no employees was so strange a concept to the lawmakers that they never even thought there would be a need for such an exemption.
The Bawl Mill • Ask The Experts—Iridium • Ask The Experts—Highbanker legal in CA?; Best place to sell raw gold? • Ask The Experts—Using classifiers • So, Where's The Gold?—Finding Gold Detectors Miss • The Oregon Claim • Highbanking on the Feather River • CFTC Finds Evidence of Silver Market Manipulation • Gold in Arizona • Detecting for Gold in Australia—The Kimberley Trip • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices