Backlund

Federal law permits mining operations and uses reasonably incident thereto on National Forest System lands. Individuals mining in the national forests must comply with regulations promulgated by the United States Department of Agriculture. Under those rules, mining operations that are likely to cause significant surface disturbance require a plan of operations approved by the United States Forest Service. In addition, long-term residency on a claim site requires Forest Service authorization, either in the form of an approved plan of operations (for resi dency incident to mining), or a special use authorization.

The defendants in these two cases, Michael Backlund and David Everist, contend that they were engaged-in bona fide mining activities on National Forest System lands, which justified full-time residency on their respective claim sites. In separate administrative proceedings, however, the Forest Service determined that Backlund’s and Everist’s residences were not reasonably incident to qualifying mining operations, and therefore were not authorized by the mining laws. Nor did either of them possess a special use authorization. The Forest Service informed Backlund…