When I can take my 1996 Olds Cutlas Sedan down a road and not drag bottom, scrape, scratch or damage the car it is a road. It does not matter that it was built in the 1930s by miners and then later used by the US military. I think I should be able to use a motorized vehicle on this road to get my supplies into a registered mining claim. But the Forest Service wants to classify it a walking trail only, why?
"CFR 228.4(1) The requirements to submit a plan of operations shall not apply )1) To operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest purposes." Note the use of the words existing and or. Just because the road was put in say the 1930's should not mean that the forest service can use laws like ANCILA to reclassify these roads to trails and then say they are only walking trails. BUT, they are doing it and when they do it they outlaw all motorized vehicles. So how I ask you do we get to our mining claims?
The U.S. Forest Service is not protecting the land for us, they are keeping the land from us. They want to keep us from using any motorized mode of transportation on public federal lands. Think about modes of motorized transportation for a moment - cars, trucks, atvs, rvs, motorcycles and maybe even motorized wheel chairs.
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