HOW TO BE A HAPPY GOLD MINER

(How to deal with the Forest Service and WIN!)

Would you like to enjoy your gold prospecting, and gold mining activities in the National Forest? Tired of the endless interference of bureaucrats who delay harass, or intimidate you? Then take heart! This article can be used by any prospector, miner, or treasure hunter that works and plays in the National Forest, as a powerful tool to eliminate harassment by Forest Service employees.

HOW IT STARTS

Usually the scene is this, you are in the National Forest enjoying your prospecting or mining, and an employee of the Forest Service, walks up to you and states that it is unlawful for you to be doing whatever it is that you are doing. In addition, be very careful to keep all your necessary papers organized, recorded, and filed with the proper agencies. Always use certified mail/return receipt requested in sending mail to any government agency.

MORE STEPS TO TAKE

There are five actions that you can do that will assure that your encounters with all government personnel are pleasant and friendly. When you are in the field, always carry a camera. When approached by a forest service employee, quickly take out your camera and quietly take their picture. This step is vital in order to insure that you have an accurate record of who is visiting you.

Immediately after taking the picture, pull your tape recorder out and state the date and time on the recorder. Then ask your visitor(s) very politely to state their name and the purpose of their visit. Leave the recorder on during their entire visit. The Tape Recorder is a necessary tool for you to be able to document this encounter, in case this particular conversation becomes part of an administrative hearing or court suit. Any legal action could make it vital to know exactly what was said at this time by either of you.You must carry with you a copy of the Code of Federal Regulations, Title 36, Section 228.4 (36 CAR 228.4) which are the six pages of rules pertaining to prospecting and mining in the National Forest. If the Forest Service employee tells that you cannot do what you are doing, then you need to show the employee your copy of the rules. Ask him (or her) to point out to you the particular section of the rules that they think you are violating. If you disagree with them, do so but DO NOT BE disagreeable. Instead, follow the next step. Take out a pen and a notebook, hand it to the Forest Service employee, and ask them to put in writing what they are telling you. If they are not willing to put it in writing, tell them to have a nice day and go back to work!

If they threaten you with a ticket, do not continue with what you are doing. Most of the time they will leave, or not talk to you, after you have taken their photograph, and turned on the tape recorder. You may appeal any field decision to the Forest Supervisor if you feel that you have been wronged by action taken by Forest Service employees.

APPEAL PROCESS

CODE OF FEDERAL REGULATION

36 CAR 251 Subpart C

Appeal of Decisions Relating

to Occupancy and use of

National Forest System Lands

If a Forest Service employee makes a decision that you do not agree with, or that you feel is averse to your economic livelihood, you may file an administrative appeal.The Forest Service has widely stated that if Prospectors and Miners would appeal Forest Service decisions, these same Prospectors and miners would not have the conflicts that they currently have with the Forest Service. Before you file the appeal you must try to settle the issue with the district ranger in your ranger district. You can arrange a meeting with the ranger, or write him a letter. If you write him a letter, remember to send it Certified/Return Receipt. In this letter or meeting, tell the ranger that you disagree with the decision. Give him a copy of the regulation, that he is violating. Tell the ranger that you expect him or her to settle the issue by reverse the decision. Many times this is all that is necessary. Most district rangers are reasonable individuals trying to do a good job. However, if the ranger refuses to reverse the earlier decision, and you still believe the law is in your favor, it is now time to file the appeal. YOU MUST file your appeal with the Forest Supervisor within forty-five days from the day after the ranger's signs the decision.

Send a copy of your appeal to the ranger. Again, be sure to send all mail to all parties by certified mail/ return receipt. You then have 20 days to answer to his response. You can learn from his response because he will need to specify his reasons for supporting the decision that you disagree with. Use this information in your answer. After the Forest Supervisor receives your response, he has 30 days to issue a decision. If the Supervisor disagrees with you, you can still pursue it further. You may file a copy of your appeal to the Regional Forester, and this must be done within 15 days of receiving the adverse decision from the Forest Supervisor. The Regional Forester has 30 days to issue a decision. If you are dissatisfied with this decision, your only further recourse is to file a federal lawsuit.

HOW TO WRITE A LETTER TO THE DISTRICT RANGER

[SAMPLE LETTER]

Date

Your Name

Address

City/State/Zip

District Ranger

Address

City/State/Zip

Dear District Ranger,

Recently your office made a decision and I did not agree with the details of the decision. I would appreciate it if you would reverse the decision.

Attached to this letter are documents that support a reversal of this decision.

Sincerely,

SAMPLE APPLICATION FOR FILING AN ADMINISTRATIVE APPEAL

It is important you include this information when you file your appeal:

YOUR NAME:

ADDRESS:

DAYTIME TELEPHONE NUMBER:

EVENING TELEPHONE

SUBJECT MATTER FOREST SERVICE REFERRED TO IN LETTER:

THE DATE OF LETTER YOU RECEIVED FROM FOREST SERVICE:

WHO SIGNED THE LETTER YOU RECEIVED:

BRIEF DESCRIPTION OF DISAGREEMENT AND DATE OF LETTER:

DATE YOU ARE WRITING THE APPEAL:

WHY ARE YOU AFFECTED BY THIS DECISION:

WHAT NEW FACTS ARE YOU OFFERING IN THIS APPEAL:

STATE THE NAME OF ALL POLICIES, REGULATIONS OR LAWS

THAT YOU THINK WERE VIOLATED BY THE FOREST SERVICE:

WHAT DO WANT FROM THE FOREST SERVICE, IF DECISION IS REVERSED:

WHEN DID YOU TRY SETTLE THE ISSUE with the District Ranger?

DAY/MONTH/YEAR THE OUTCOME OF THAT MEETING: (enclose copy of letter you wrote to settle the issue )

NOTICE OF INTENT

Sometimes the Forest Service will write you a letter telling you that: A notice of intent is required from any persons proposing to conduct operations which might cause disturbance of surface resources.

A notice of intent need not be filed for operations which will not involve the use of mechanized earth moving equipment such as bulldozers or backhoes and will not involve the cutting down of trees.

When they write this letter they are quoting out of a book called, Title 36 (CFR) Code of Federal Regulations, chapter 11, section 228.4 , page 37, which is a set of rules on mining in the National Forest.

The part they leave out of the letter, is the beginning of the quotation, @(a) Except as provided in a paragraph (a)(2) of this section@

When you find paragraphs (a)(2),

On page 37, you realize that the Forest Service has not told you the truth, when they said you needed to file a notice of intent for using suction dredges, hi bankers, sluice boxes and other small scale gold mining equipment in the National Forest.

They have violated your mining rights and have interfered in your business, and recreational opportunities in the National Forest, when they deliberately left out the beginning of the first paragraph.

.You need not file a plan of operations for suction dredges. Write the District Ranger in your area and ask them to send you a copy of the mining regulations that specifically talks about the requirements for filing a plan of operations for a suction dredge. If it is not in the seven pages of 36 CFR 228.4 then you are not violating any Forest Service rules.

The very best way for you to fight the Forest Service is to use the Freedom of Information Act and receive a copy of the Forest Service budget. In this budget is the key to becoming a very happy gold miner in the National Forest

Once you have received your copy of the budget you will find that each proposal for money to do certain projects has been assigned a code number. Using the Freedom of Information Act once again will allow to get the written proposal(s) by providing them the code for the project file.

When you have received the project file it must be examined to determine what the weakest part of the project and then you and your mining buddies, friends of the family and even family members must write a number of letters to the Senate and House Finance Committees and challenge the proposed funding for the proposed projects.

Once the House and Senate realizes that the money being wanted by the Forest Service is causing a small ruckus, they more than likely will not approve the money for the Forest Service. It only takes a handful of letter to accomplish this.