Backlund

ORDER

The opinion filed April 26, 2012 and appearing at 677 F.3d 930 (9th Cir.2012), is AMENDED as follows:

With these amendments, the petition for panel rehearing, filed June 11, 2012 in Case No. 10-30264, is DENIED.

An amended opinion is filed concurrently with this order. No further petitions for rehearing will be accepted.

*990 OPINION

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 residency 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…