How to Defeat the Road Closures in the Mojave
Hello Friends!
Public Lands for the People (PLP) recently learned that the Mojave road closure plan, WEMO, which affects 2,200
miles of unpaved roads, was challenged in court by the Center for Biological Diversity 5 years ago. We’ve known
for years that they won’t stop until everything is closed, and we must not give up on this fight to get to our claims.
Miners already have a statutory right of access, and the government cannot unreasonably alter that, because it
violates the federal mining law.
In dealing with the road closures by this court judgement in the desert, the government failed to raise those that
have statutory right of access to the mining claims.
In an example of how this type of sweetheart lawsuit was defeated in the past by PLP was the use of the Ron Lex
case. The sweetheart Siskiyou Regional Environmental Project v. USDA said that the Forest should require an
approved PO in order miners to operate in a riparian zone. Overturning this lawsuit did not involve an expensive
civil suit, nor was it overturned by crying tyranny with petition drives. The sweetheart lawsuit Siskiyou Regional
Environmental Project, was simply overturned by a misdemeanor citation of a miner. The Forest Service, which
pushed the plan of operation in waterways with endangered species was not consistent with existing regulations, is
not unlike the desert tortoise situation.
Ronald Lex took a ticket and lost in lower court. On appeal he contacted PLP where Clark Pearson contacted the
public defender’s office and told them Lex was not a special use permittee and the existing regulations do not
require a PO and explained the 36 CFR 228.4 Forest Service mineral regulations. Ultimately, Lex exerted his rights
to use his claim, and his case in the appellant court reversed the lower court decision that was inconsistent with the
228 mineral regulations and the mining law. Most importantly it reversed the application of the sweetheart Siskiyou
regional environmental project case. So PLP sees a path just like the lesson of Lex to reverse the road closures in
the desert that are not consistent with existing BLM mineral regulations and the mining law.
If your road is closed and destroyed by BLM without giving any claim owners notice in violation of the Mining
Law, then you may need to take a ticket like what happened in the Lex case, or you can use the PLP orange
challenge card procedure for filing an actual claim for damages with the BLM.
You can find the Lex case on PLP’s list of accomplishments on our website.
PLP supported miner Ronald Lex on appeal from his conviction in federal court. PLP provided the winning
legal arguments to his attorney that led to the limitations of the Forest Service regarding mine occupancy and the
trigger on when a NOI or PO was required. U.S. v. Lex (miner not a special use permittee). A watershed case that
led to the Forest Service attempting to overturn the decision by promulgating new regulations that failed to have a
real legal effect. The decision still stands that a miner is not a special use permittee within the total discretionary
control of the Forest Service.
Oregon News from Walt Evens – Close Call for Oregon Member
Last summer, one of our members was performing Stream Reclamation per PLP’s Guide card, with one exception:
he was working in a public area owned by the Oregon Department of Transportation. This popular spot is regularly
visited by Gold Prospectors from around the state and beyond.
The neighbors turned him in, and he was visited by Oregon State Police, the agency tasked with enforcing the
dredge ban. The member showed his paperwork. The officer was not familiar with Reclamation Dredging. The
final decision was that he was asked to leave and to never return with his dredge. He got off with just a warning!
Please revisit the Guide Card. “Respect Private Property and dredge only where one has permission, private
ownership, or unpatented mining claim.” No Public Areas!
Proposed updates to USFS Regulations:
The Forest Service is requesting comments from the public regarding the need to clarify or to otherwise enhance its
regulations that minimize adverse environmental impacts on National Forest System surface resources in connection
with operations authorized by the United States mining laws. These rules and procedures, govern prospecting,
exploration, development, mining, and processing operations conducted on National Forest System lands authorized
by the Mining Law of 1872, as amended, subsequent reclamation of the land, and any necessary long-term post-
closure resource management. The goals of the regulatory revision is to expedite Forest Service review of certain
proposed mineral operations authorized by the United States mining laws, and, where applicable, Forest Service
approval of some of these proposals.
Here’s the link:
Regulations.gov
To read the proposed rule changes, click on the blue “Locatable Minerals” link.
To make your public comment, click on the “Comment” button.
The deadline is April 21. 2026!
One critical change is the requirement for a Plan of Operation for Dredging, which is still legal in most states. Another
is having a special use permit for claims that will involve more than 10 people (Club Outings).
Attention PLP Members
PLP is making changes to its Legal and Membership departments. Please be
patient through this important transition.
When calling the number on the website your voicemail is forwarded to
the info@publiclandsforthepeople.
!! Stay tuned as the ICMJ Prospectors and Mining Journal returns !!
Downieville Gold Rush Days 2026
Dust off your boots and grab your pans!
Downieville Gold Rush Days is back and bigger than ever in 2026! We are officially counting down the days for 2
days of wild west history and family fun from September 18th
-20th. This year the celebration stretches across the
canyon to include Sierra City’s historic Kentucky Mine.
Action packed entertainment, Wild West shows and live music. Gold panning, Historic tours, and gold mining
vendors.
Kids games, craft vendors, and delicious local food. A huge thank you to our presenting sponsor, Comstock Gold
Prospectors- Reno NV, for helping us keep this heritage of Sierra County alive.Showcase Your Brand at Downieville Gold Rush Days
Gold panning, local history, and great company, it’s almost time for Downieville Gold Rush Days!
We are getting everything ready for September 18th–20th, and we’d love to have you join us. We are
staying true to our roots this year while slowly growing to include our friends in Sierra City and at the
Kentucky Mine.
We still have a few booth spaces available and we are especially looking to fill our ranks with:
Gold Mining & Heritage: Prospecting gear, mineral displays, and historical enthusiasts.
Artisans & Mercantile: Leatherwork, blacksmithing, woodcraft, and apothecary.
Western Wear: Period-style hats, boots, and clothing.
The Grub: Dutch oven cooking, hearty stews, and old-fashioned treats.
It’s all about keeping our Sierra County traditions alive. If you’d like to set up a booth and be part of the
weekend, we’d love to hear from you.
TO APPLY: Just contact us with your email address and we’ll send the vendor information right over to
you!
Contact Discover Downieville: 530.289.1000
Carriage House Inn: 530.289.3573
If you like the work PLP does, please help PLP help you, and join or renew today to know how to effectively and
professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again!
Your PLP Board of Directors
The original. No compromise. Standing 36 years strong for Multiple Use on Public Land “RIGHTS”!