This is taken directly from the Forest Service Directives and should be carried by all miners at all times.
While “undue burden” seems to be widely debated by the Forestry Department, we believe it is common sense. If I have a claim, or plan to prospect an area for a potential claim, I have a right to access to that PUBLIC LAND for the purpose of bona fide prospecting. Meaning, if I plan to check out an area on the Feather river, I am allowed, according to the Forest Service’s own rules to access that public land without an undue burden to reach it. I do not have to be a claim owner to access the land, just a “bona fide” prospector. We are all bona fide prospectors if we search for gold….period.
While we are not saying you should get into arguments with the Forest Service over trying to reach an area you want to prospect, we are saying in their own manual of rules they must follow, they are to allow access for the purpose of prospecting or accessing their claim.
If you are approached by USFS and they deny you access to a claim or portion of public land while you are prospecting, contact us.
2813.14 – Right of Access to Claim
The right of reasonable access for purposes of prospecting, locating, and mining is provided by statute. Such access must be in accordance with the rules and regulations of the Forest Service. However, the rules and regulations may not be applied so as to prevent lawful mineral activities or to cause undue hardship on bona fide prospectors and miners.