Gold Mining Does Not Require 'Special Use Authorization'

摘要

In United States v. McClure,364F. Supp.2d 1183, 1186 (E.D. Cal. 2005), Terry Lee McClure was charged with operating a gold mining suction dredge in a river without an approved plan of operations. The government claimed he was violating 36 C.F.R. para. 261.10(k), which prohibits the "[u]se or occupancy of National Forest System land or facilities without special-use authorization when such authorization is required." McClure defended on the grounds that his mining operations may have required an approved plan of operations but they did not require a "special-use authorization," and thus there was no violation of 36 C.F.R. para. 261.10(k). The district court agreed, noting that 36 C.F.R. para 251.50(a) designates as "special uses" "[a]ll uses of National Forest System lands, improvements, and resources, except those authorized by the regulations governing... [among other things] minerals. . . ." Thus, uses authorized by the mining rules were not "special uses" and 36 C.F.R. para. 261.10(k) could not be the basis for McClure's alleged violation of law.