Prospectors United - prospectorsunite

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Merry Christmas and Happy New Year

I wish each and every member a Merry Christmas and a Happy and Prosperous New Year! I hope everyone of you STRIKE IT RICH!

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Happy Thanksgiving

HAPPY THANKSGIVING TO ALL MY GOLD MINING FRIENDS!

THIS WILL SOON BE THE "NEW" SIGN - COMING TO A NATIONAL FOREST NEAR YOU!

AGENDA 21 WEB LINK ON FORESTS

PLEASE VISIT THIS LINK TO SEE THE ACTUAL U.N. DOCUMENT REGARDING FORESTS FOR THE FUTURE:

http://www.un.org/documents/ga/conf151/aconf15126-3annex3.htm

OREGON SHERIFF CONTINUES STAND AGAINST U.S. FOREST SERVICE

OREGON SHERIFF GIL GILBERTSON CONTINUES STAND AGAINST U.S. FOREST SERVICE

by Sarah Foster November 23, 2011 NewsWithViews

Josephine County, Ore. -- Two months ago Gil Gilbertson, the sheriff of this rural county in southern Oregon, drafted a 10-page report exploring the origins and extent of federal power within a state and emailed his findings to various parties, asking for comment.

Since the report was in rough-draft form he was somewhat surprised that it went viral, but it shows there are a lot of people hungry for information about how much power (particularly law-enforcement power) the federal government actually wields within a state, where that power comes from, and the limits to that power.

Gilbertson continued his research and recently completed a 13-page revised and updated version, retitled: Unraveling Federal Jurisdiction within a State. It is highly footnoted with references to statutes and court decisions.

This a “must read” for anyone concerned about infringements against the 10th Amendment and federal encroachments in general – like road closures, Wild Lands and Monument designations, mining and other resource uses. In other words, this is for anyone and everybody with an interest – no matter how casual -- in accessing the public lands, either as a “resource user” (a rancher or miner) or simply a casual vacationer who enjoys weekend camping.

“If you’d told me two years ago that I would be writing such a document, I would have probably walked away from you shaking my head,” the sheriff notes in the introduction.

“This paper is a result of a clash with the federal [U.S. Forest Service] law enforcement in this county, from citizens complaining of what can only be described as harassment and violations of their rights,” he explains. “The first time I approached the USFS the door closed regarding any discussion. The USFS advised me to file a Freedom of Information (FOI) request. “

Eventually Gilbertson was able to discuss the issue with the Forest Service. “Most of my questions were answered except for one: Where does the USFS’s authority come from? (bold-face in original). The answer(s) were surprising.”

Finding the answer is one of five tasks he set himself, which he lists as follows:

1. Identify true jurisdictional authority of the Federal Government
2. Examine and expose how the reserved powers of the States are usurped by federal agencies writing and enforcing their self-imposed codes and regulations
3. Examine how the health, safety, and welfare of the Citizens within the State are undermined
4. Provide a positive and equitable solution
5. Coordinate with like-minded Sheriffs to take a formal stance on these issues.

Mission Creep

To sum up his conclusions regarding federal authority in a very small nutshell: the original idea was for the federal government to hold public lands within a state in trust, with the intention being for eventual disposal. Gilbertson writes:

“The public lands (out West) were considered by many as the ‘problem lands.’ However, the approved procedure, since the passage of the Resolutions of October 1780, was that the central government held the lands in trust. Upon a state being admitted to the Union, the federal government had the trust authority and obligation to dispose of the lands for expansion, exploration, occupancy, and production by setters.

“Slowly, over the years many of these ‘public lands’ held in trust seemingly became more desirable to retain, rather than for disposal. Newly formed federal regulatory agencies worked their way into existence, each taking an increasingly expanding role (enter ‘mission creep’). By 1976 complete and total disregard for the trust obligation to dispose of public land was made clear in the Federal Lands Policy and Management Act (FLPMA), which states: ‘…that it is the policy of the United States that the public lands be retained in Federal ownership.’”

Sheriff Gilbertson talked with NWV about his report, expanding on his views about the division of power between federal and state governments.

[Book predicts the safest place in America to ride out the coming apocalypse is Josephine County, Oregon]

He strongly questions the legality and constitutionality of executive orders and various regulations, as well as laws like FLPMA, observing that Congress has the sole authority to make law, not the president, not the agencies. Not surprisingly he takes sharp issue with President Obama who has declared he’ll “circumvent the Constitution” through the use of executive orders.

“The Constitution is clear on who has police and legislative powers. Those executive orders are not law,” said Gilbertson.

And while FLPMA is a congressionally passed statute, it delegates undue powers to the agencies. “Congress cannot give an agency the ability to write rules and regulations and enforce them as if they were law,” he said. “Congress has to do that. These agencies write their own rules and regulations as they go along and enforce these as law.”

“The big issue, as I see it,” he continued, “is that all these things combine. You have DEQ, EPA, all these federal entities. And as all these federal agencies evolved over the years, there’s been mission creep. They decided, well, we need to fix this; this gives us more powers, and so forth, so we’ll just write down more rules and regulations. They were allowed to get away with it for whatever reason, and now they enforce those as laws. But it’s clearly stated that that can’t be done -- I spelled that out in my document,” he said.

Moreover, “Forest reserves were not federal enclaves subject to the doctrine of exclusive legislative jurisdiction of the United States. Local peace officers were to exercise civil and criminal process over these lands. Forest Service rangers were not law enforcement officers unless designated as such by state authority.”

The federal government sees it otherwise, so in addition to expanding claims for general regulatory power agencies like the Forest Service are attempting to extend the reach of law enforcement authority – a matter that adds to Gilbertson’s concerns.

“The U.S. Forest Service and BLM are really stepping outside their authority in that the Constitution does not give them that,” he observed. “The Tenth Amendment clearly reserves police rights to the states.”

Law Enforcement Power Grab

Sheriffs in other counties have taken note of this development. In his report Gilbertson refers to a one-page position paperby the Western States Sheriffs’ Association that concurs with his observations, and in fact grew from his earlier one. He writes, quoting from the WSSA statement:

“The USFS recently sent out a communication dated July 15, 2011, titled Federal Register publication of Final Proposed Rules [Title 36] 262, 261, and 212 purportedly to clarify and expand their authority.

On Sept. 21, the Western States Sheriffs Association responded with a position paper to this USFS publication by writing:“The membership of the Western States Sheriffs Association has reviewed the proposed rule changes and believes they exhibit the following: (1) an absolute disregard for the sovereignty of the individual States, (2) a disregard for the authority of the Office of Sheriff, and (3) A continued inability of the Forest Service to understand the mission and function of its Law Enforcement component."

Additionally, “This effort is viewed as an unnecessary and unauthorized expansion of federal police powers. The ultimate legal and constitutional authority for the protection of the public and the land within an individual county is vested in the Office of Sheriff. The Roles and responsibilities for the Office of Sheriff are well enumerated within the laws of each State, and the Sheriff possesses the authority to extend enforcement powers as appropriate.

“It is the position of this committee that the membership of the Western States Sheriffs’ Association utilizes all appropriate methods and resources to oppose this effort.”

Title 36 of the Code of Federal Regulations deals with the U.S. Forest Service. Section 212 is about Travel Management within the national forests.

NWV contacted Dave Brown, Sheriff of Skamania County, Wash., for additional information. Sheriff Brown is the chair of the Public Lands Committee of the WSSA that drafted the Position Paper. He said he hoped to have it adopted by the association at its annual meeting.

“It has not been adopted, but my hope is that it will be at our spring conference next March when it’s presented to the entire membership,” Brown said.

Brown said his committee relied for background on the first report Gilbertson sent out in mid-September. His further observations to NWV were particularly chilling.

“Essentially they are nationalizing their ability to do law enforcement. Right now the ability for them to enforce is based on … rules that are made at the district ranger’s office or the forest supervisor’s office,” he said. “They want to take that authority away from local rangers and forest supervisors and basically put it into their back pocket to do consistent enforcement nationally.”

A National Police Force in the Making

And this is about more than simply the road closures which are going on in all the national forests. As Brown sees it, these new provisions spell the way to a national police force. The new rules will give the federal law enforcement the authority to enforce state laws on county roads across national forest land and on roads outside the national forests.

Asked if they’d be enforcing all laws and ordinances on land outside the national forests, Brown said, “no – They would essentially be enforcing those state traffic laws that we would currently enforce and some drug enforcement laws, abandoned property issues, things like that.” “Most people don’t follow this or pay attention to it, but if we don’t [the federal government] will have everything they want to basically create a national police force,” he said.

Which is why the proposal has created a “firestorm” among western sheriffs. “We recognize it as them kicking us in the face and saying, ‘We don’t really care about you being the sheriff: we are going to give ourselves this authority,’” Brown said.

Corralling Runaway Government

The question for concerned Americans is how to stop the train, something easier said than done, though not necessarily impossible. “The real solution is to encourage Congress to comply with, and enforce the Constitution with the intent and guidance as written,” Gilbertson writes. “The PEOPLE vested the authority in Congress to accomplish this task. Put law enforcement aback where it belongs, within the several states. “It is my hope this letter [report] will serve as an awakening to the public and for elected officials to exercise the proper conduct to stop this runaway government. It is also my hope that Sheriffs throughout the United States will join to bring our Republic form of government back to the people.”

NOTE: Josephine County is on the California-Oregon state line across from Siskiyou County, a county that ranchers, farmers, miners and their allies are calling “ground zero” in the intensifying battle over land use and access to public lands. Siskiyou County is where the federal government, in lockstep with local environmentalists, seeks to remove three clean hydro-power dams on the Klamath River – an action that will wipe out what’s left of the once vibrant ranching and farming communities. A fourth dam, in Klamath County, Ore., is also slated for demolition.

On Oct. 22, eight brave sheriffs – seven from northern California and one from central Oregon -- put their careers in law enforcement on the line by addressing an audience of nearly 1,000 people at a rally in Yreka, the county seat of Siskiyou County. The event was sponsored by Support Rural America and other groups; the panel was introduced and chaired by Jon Lopey, Sheriff of Siskiyou County.

“By their testimony these fine sheriffs’ verbally documented the assault on sovereignty and the abridgement of individual rights … that they have personally witnessed,” says retired Sheriff Jim R. Schwiesow in a recent NewsWithViews column.

Sheriff Gilbertson was not among the eight panelists. He and his wife had made vacation plans and reservations over a year ago and it was not possible to change these. But although not able to attend in person, his report on federal jurisdiction speaks eloquently for him.

The event was videotaped and posted at ConstitutionalSheriffs.com.

Contact Sheriff Gil Gilbertson

Earlier Story

1 - Sarah Foster: Oregon Sheriff Stands Up Against the U.S. Forest Service: July 2, 2011

Archive of articles by Sheriff Gilbertson

1 - Unraveling Federal Jurisdiction within a State, Nov. 8, 2011
2 - Federal Jurisdiction Within a State: Posted by US-Observer, Oct. 8, 2011 (10 pages)
3 - Sheriff Wants Holders of Concealed Weapon Permits to Remain Private: 11-28-08
4 - Sheriff Seeking Stable Funding for His Office: 7-22-08
5 - Introducing Sheriff Gil Gilbertson 10-30-07

For More Information

1 - Public Lands Committee, WSSA: Position Paper: Re. Proposed Rules Changes by the U.S. Forest Service Law Enforcement: Sept. 21, 2011

AGENDA 21

1872 Mining Law Under Attack By Montana River Action

Reform 1872 Mining Law

1. General
There is a national need for Congress to reform the antiquated Federal Mining Law of 1872. For over 124 years mining companies have removed billions of dollars worth of gold, silver and other minerals from our public lands and forests. Many of these companies are foreign owned, yet none have paid any royalties back to the public treasury. Hardrock and placer mining abuses have been permitted on public land for much too long.

Now is the time to stop this free lunch at public expense. The General Mining Law of 1872 was passed during President Grant's term. The cost to the public has been enormous in terms of rivers and streams polluted, mountain sides permanently scarred, hazardous and toxic wastes endangering the public health and safety. The 1872 mining law gives the industry license to loot and pollute.

Claims of mass unemployment due to mining reform are a fabrication from an industry anxious to defend its subsidized and privileged status. The Congressional Budget Office has estimated that reform induced mining cutbacks will put 1,400 people out of work temporarily but the proposed abandoned mine reclamation program will provide jobs for 2,600, a net gain of 1,200 jobs. Reclamation and restoration will create thousands of jobs in rural western communities.

2. Patenting

Since 1872, more than 3.2 million acres of public land has been patented into fee title private ownership by mining companies, for $2.50 an acre for placer hydraulic claims within stream riparian areas. It is $5.00 an acre for hard rock claims. Mining companies, very cheaply, claimed these lands into private ownership. Patenting public land into private ownership should be eliminated and all pending patent applications must be made public information. A mineral leasing system must replace the mining and patenting system. For example, Canada leases mining claims for an annual fee and the land does not leave public ownership. The system does not dampen the vigorous mining industry in Canada. That way, the public retains ownership of the land and the claimant secures the opportunity to develop the mine. 15

Mining is a boom and bust industry. When lands are mined out, the public is burdened by private property within public land boundaries. Taxpayers have been burdened by buying back old patented claims that are needed for public purposes.

3. Royalties

Mining does not pay a royalty on public owned minerals. They should be required to pay a fair share of their profits back to the public trust. An 8 percent gross royalty on locatable minerals should be assessed with 50 percent of the proceeds earmarked for the abandoned mine lands reclamation fund. Mining companies get an additional free tax ride in the depletion allowance since mining depletes their ore body. Oil and gas leases on federal land now pay a 12 ? percent royalty on their net proceeds. Coal leases pay an 8 to 12 ? percent royalty. Mining on private land may pay up to an 18 percent royalty. If 50 percent of royalties and leasing fees collected would go into reclamation, then taxpayer bailout for reclamation would end.

4. Land Managers Discretion

Present time federal land managers cannot deny a mining company the right to mine. If the 1872 Mining Law is reformed with a law that allows the land manager to consider environmental impacts and to determine if an area is suitable or unsuitable for mining, then public land managers would be allowed to determine if an area is too sensitive to certain types of mining. A system should be adopted where the land managing agency can deny a proposed mining operation if its environmental costs outweigh its benefits. The land manager must be allowed to conduct a land planning process to review the suitability of lands for mining.

5. Reclamation and Bonding

Montana has 150,000 acres of un-reclaimed mining lands. Eroding waste dumps and leaking tailings ponds are poisoning surface and ground water. Mining produces more than 50 billion tons of solid waste nationwide each year. More than 10,000 miles of streams are degraded by acid mine drainage, heavy metal contamination and mine chemical pollution. It is common knowledge that mining practices have been so destructive that the states and federal government have had to finance rehabilitation programs to save the nation's assets. The cost has fallen on the taxpayer.

The Summitville pit gold mine in Colorado was opened by Canadians in 1986, was subsequently patented, then abandoned in 1992 in bankruptcy. Taxpayers are left with $60 million in cleanup costs and Summitville is now on the Superfund program. There are currently 52 mining related sites on the Superfund National Priority list. An abandoned mine reclamation fund should be created to restore land damaged by hardrock mining and paid for from mineral royalties. Cyanide solution is used to leach gold from 15-foot lifts of low-grade ore. Acid mine drainage occurs when high sulfide ore bodies react with oxygen and form sulfuric and hydrochloric acid. Strong measures to protect surface and groundwater must be put in place. True reclamation of some mined lands may not be possible.

Federal reclamation standards for all surface disturbances must be established. States should then be given the responsibility to enforce reclamation law and to exceed minimums if necessary. Re-vegetation, erosion control, fish and wildlife habitat protection should be mandated following the end of mining operations. Best available technology should be required to prevent acid or toxic drainage in waterways. Full reclamation should be structured into the ongoing mine operation costs. Bonds should guarantee the taxpayer would not have to bear the cleanup costs and long-term maintenance and monitoring for waste rock dumps, spent heap leach pads and tailings dams.

6. Recreation, Casual and Small Mining Exemption

Eliminate the 5 acre small mine exemption. All mining operations shall be treated the same whether large or small. Eliminate the term “casual use” from regulations. There is no such thing as casual or recreation mining. All mining will increase in scope and disturbance is discoveries are made. Require advance approval of all “Plans of Operations”, whether less or larger than 5 acres in size. All mining exploration activity must meet with the land manager's approval and be covered under the permit system, however small it may initially appear. One thousand small miners each digging up their reach of gold bearing stream is a public land manager's nightmare.

7. Valid Mining Claims

Full environmental costs must be considered in determining whether a mining claim is valid, including natural resource damage, long and short-term environmental costs and the loss of public use of mined lands. Validity must be based on more than just the marketable value of the mineral.
Allow a citizens challenge of all claims on public lands.
A temporary cessation of all mining claims should be in place until Congress makes a comprehensive reform of the 1872 Mining Law.
There is a flood of new mining claims now being staked on federal land to try to get under the restrictions that may come with mining law reform.
Require a surface disturbance fee of $50 per acre.
Do away with the $100 a year destructive “prove up” work now required on unpatented claims.
The annual charge to retain a valid mining claim should be $100 an acre. This will eliminate the trespasser using the loose 1872 Mining Law for a recreation residence.

8. Mining Plans

Approval of operation plans should be required before active mining is allowed. Complete plans will eliminate the numerous expansion permits that are epidemic in the industry.

9. Penalties

The only recourse for federal land managers to deal with mining violations is to file court suits against the violator. This is an expensive, time consuming, laborious way to deal with immediate violators and polluters. Efficient action is necessary to stop land degradation. Land managers must be allowed to give administrative penalties for violations and mine plan non-compliance.

10. Summary

The antiquated Federal Mining Law of 1873 is a rip-off of public land and resources. A committed minority of miners can fend off the casual majority of citizens. We can continue to turn a blind eye to the abuses occurring daily, or we can stop the abusive mining practices to which the industry has become addicted.

Reforming mining laws will prevent the giving away of public resources and allow citizens to more clearly review and influence what mining companies do on public lands. The government should have broad authority to consider environmental costs of metals mining on public land and to protect the safety and health of the public from damage to land and water. Sooner or later Congress will act to reform this archaic 1872 law and hopefully it will be sooner. The new 2007 Congress is discussing oversight of anti-environment initiatives by the present Administration and strengthening laws ignored by them. Representative Nick Rahall (D-WV) may be the new chairman of the House Resources Committee. The congressman has a history of trying to end giveaways under the 1872 mining law. ~

Contact these people and tell them to stick it where the SUN DON"tT SHINE!!!

Montana River Action

304 N 18th Avenue • Bozeman MT 59715 • Phone: 406-587-9181

Southern Oregon Miner Defeats United States Forest Service in Court

Subject: Southern Oregon Miner Defeats United States Forest Service

After the Hage Case and several other cases involving the USFS and the abuses of Land Owners and Miners Rights, here is another case showing the intentional destruction of property and possibly historical structures.
Scott

Southern Oregon Miner Defeats United States Forest Service in Court

In a recent decision issued on November 9th, 2011, United States District Judge Ann Aiken ruled that the United States Forest Service, and particularly Cottage Grove District Ranger Deborah Schmidt, violated the constitutional rights of 83 year old Oregon miner, James Edgar.

Edgar, of Eugene, Oregon, alleged that the United States Forest Service and especially District Ranger Deborah Schmidt, had violated his rights when Schmidt ordered USFS Law Enforcement to impound structures on his mining claim in November of 2008 and declared them to be "government property". Climaxing nearly fifteen years of conflict with the United States Forest Service, in early June of 2009, agents of USFS dismantled the structures on Edgar's mineral property with a backhoe and then destroyed the remnants by use of fire. The Bone of Contention between Schmidt and Edgar lied in Edgar's unwillingness to post what he believed was an unfair bond. On November 25th, 2009, Edgar filed suit against the United States, as well as District Ranger Deborah Schmidt.

USFS maintained that the "plaintiff had no legitimate property interest in his structures after they became property of the government through the impoundment process, and therefore the destruction of the structures did not interfere with plaintiff's right to control them".

However, Judge Aiken ruled that Edgar had "a clearly established, protectable property interest in his mining structures (and added that) Schmidt and the Forest Service had no authority to impound and assert government ownership over plaintiff's mining structures for the purpose of destroying them."

She also added that "Schmidt and the Forest Service offer no explanation why (the) plaintiff was not given an opportunity to administratively or judicially contest the impoundment or destruction of his property".

In the meantime, Schmidt argued that the recent cases involving Brunskill, Moore and especially Clifford Tracy proved that Edgar's failure to post a bond created a forfeiture or abandonment of his property, to which Judge Aiken responded that "The decisions ... do not hold or even suggest that the defendants forfeited or abandoned their property interests in their mining structures, nor did the courts imply that the Forest Service could remove the structures." and then added that "In fact, by filing suit against the defendants in each case, the Forest Service recognized the property interests at stake".

District Ranger Deborah Schmidt alleged that she had no direct involvement in the destruction of Edgar's buildings and requested qualified immunity. However, Judge Aiken said that "Schmidt is the District Ranger and, based on the current record before the court, referred the removal of plaintiff's structures to law enforcement. At minimum, Schmidt's decisions triggered the impoundment and demolition of plaintiff's structures. Further, in March 2009, Schmidt informed plaintiff that the Forest Service was "moving forward with reclamation," and in April 2009, Schmidt again informed plaintiff that the impoundment and reclamation process would go forward and that she would not interfere with that process. Schmidt is also listed as the "Accountable Property Manager" on the report describing the plan to dismantle and dispose of plaintiff's property. Therefore, I reject Schmidt's contention that she had no involvement in the destruction of plaintiff's mining structures."

Schmidt's request for immunity was denied and Aiken ruled that in fact, she had a direct hand in the violation of Edgar's due process rights, which are protected by the Fifth and Fourteenth Amendments.

Our hat is off to Mr. Edgar for fighting for his mining rights, which are the rights of all.

Read the Case

______________________________

James Foley

Property and Mining Rights Advocate

Klamath River, California

jfoley@sisqtel.net

530-465-2211

LAND RIGHTS VIDEOS

I would strongly suggest that anyone having questions about how the National Park Service handles Land Rights, visit the following link:

http://www.landrights.org/videos.htm

Make sure you watch the following videos at least:

"Big Park"

"For the Good of All"

SOUTHERN CALIFORNIA - LOOK OUT!!!!

The San Gabriel River Watershed Study Act (PL

108-042, July 2003) directed the National Park

Service (NPS) to conduct a Special Resource Study

of (1) the San Gabriel River and its tributaries north

of and including the city of Santa Fe Springs, and

(2) the San Gabriel Mountains within the territory of

the San Gabriel and Lower Los Angeles Rivers and

Mountains Conservancy (RMC).

PLEASE GO TO THE "FILES" PAGE TO DOWNLOAD AND READ THE COMPLETE LIST OF DOCUMENTS REGARDING THIS ISSUE. OR CLICK HERE.

Letter Sent To ALL CALIFORNIA COUNTY SHERIFFS

November 10, 2011

Dear County Sheriff,

I am writing to you today to ask you what your Personal and Departmental Position is regarding the continual overstepping of Authority by such Federal Agencies as the U.S. Forest Service, the Environmental Protection Agency (both State and Federal), California Fish and Game, and several other governmental agencies.

As you may be aware, there are eight (8) County Sheriffs in Northern California who have joined forces and have publicly gone "on record" stating they will not "criminalize" the people that they have sworn to Protect and Serve by enforcing, what they believe, are regulations that go beyond the authority of these governmental agencies. I will provide you with a video that can be seen on YouTube at the following link:

http://www.youtube.com/watch?v=e4RuWK2Ww-4&feature=share

The eight (8) County Sheriffs include:

· Sheriff Jon Lopey – Siskiyou County

· Sheriff Dean Wilson – Del Norte County

· Sheriff Bruce Haney – Trinity County

· Sheriff Tom Bosenko – Shasta County

· Sheriff Greg Hagwood – Plumas County

· Sheriff Glen Palmer – Grant County, OR

· Sheriff Dave Hencrait – Tehama County

· Sheriff Greg Growden – Lassen County

Additionally, Karen Budd-Falen, Attorney – Property Rights Attorney – Wyoming has appeared in the video with these eight (8) true Patriots.

Hopefully, you will share their convictions and pledge your support. You have an awesome responsibility and took this Oath when you put on that badge:

"I, ___________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter” .

As a citizen of San Bernardino County for nearly 25 years, with Federally Granted Mining Claims in California, a Prospector, Miner, and member of the Board of Directors of Public Lands for the People - 501 (c) (3) non-profit organization, I am directly affected by your position on this very important enforcement question:

Is it your position and the position of your Department to avoid enforcement of these illegal regulations being imposed by various State and Federal Agencies, which, in some cases, violate Constitutional Law, Federal Mining Laws, as well as usurp your jurisdictional responsibilities, in many areas?

I also wanted to make you aware that these eight (8) County Sheriffs have now formed a committee called the PUBLIC LANDS POLICY COMMITTEE. Sheriff Jon Lopey of Siskiyou County chairs that committee. You can obtain more information from California State Sheriffs Association’s, Cathy Coyne at (916) 375-8000. Their Web Site is: http://www.calsheriffs.org/

I look forward to your reply and please contact me if you have any additional questions about the Public Lands for the People organization. Here is a link to our Web Site, if you care to find out more about our organization:

http://plp1.org/

Respectfully,

Gary Goldberg,

U.S. Forest Service (USFS) intimidating, and lying to prospectors and are Non-Responsive to Citizens

PRESS RELEASE

U.S. Forest Service (USFS) intimidating, and lying to prospectors and are Non-Responsive to Citizens’ Inquiries

Rancho Cucamonga, California – October 27, 2011

A long trail of discussions between Mr. Gary Goldberg of Rancho Cucamonga, Ca and the U.S. Forest Service has been going on since June 20, 2011. Mr. Goldberg is a Gold Prospector living near the San Gabriel Mountains in Southern California. He has been prospecting for gold since 1987 in the local areas as well as in the gold-rich “Mother Lode” area of the Sierra Nevada Mountains.

Mr. Goldberg is a 61 year old U.S. Navy - Disabled Veteran, who owned his own business before becoming “economically unemployed”. That is to say, he lost 95 percent of his Automotive Interior Reconditioning business due to the economic down-turn in the auto industry around 2009.

As the spot price of gold has increased to unseen levels of more than $1,600 per oz. in recent months, Mr. Goldberg wanted to resume his prospecting in the Angeles National Forest’s East Fork of the San Gabriel River. While he has prospected there in years past, the U.S. Forest Service has lately been intimidating prospectors who try their luck in the area.

In addition to falsely telling prospectors that prospecting is illegal in the San Gabriel District of the Angeles National Forest, they have begun ticketing prospectors’ cars for not obtaining an Adventure Pass for the area. The Forest Service has several parking passes available to the public for recreational purposes.

They also have what is called an Administrative Pass, which is to be issued to people who “may visit their public lands for purposes other than recreation.” The USFS web site goes on to explain, that Administrative Passes “are also issued to…persons conducting mining and prospecting activities.”

(ref: http://www.fs.fed.us/r5/sanbernardino/ap/questions-and-answers#admin)

On June 20, 2011, Mr. Goldberg sent a letter to the San Gabriel River Ranger District Ranger O’Dell Tucker, requesting an Administrative Pass for the East Fork of the San Gabriel River, for the purpose of Prospecting. After no response was received, Mr. Goldberg escalated the matter to Ranger Tucker’s supervisor – Forest Supervisor Tom Contreras, calling his office repeatedly, again without reply.

After finally getting a message forwarded to Supervisor Contreras, Mr. Goldberg received a “panic” call from Ranger Tucker demanding that they have a “face-to-face meeting” immediately at Ranger O’Dell’s office. (Note that this was on Friday, July 8, 2011 at approximately 3 P.M. Mr. Goldberg said that there was no way he would meet with the Ranger on a Friday afternoon after 3 P.M. without and previous notice. An agreement was reached that the meeting would take place on Tuesday, July 12, 2011 at 10 A.M. when Ranger Tucker could have two of his “experts” at the meeting with him.

It was Mr. Goldberg’s concern that this was going to be a three against one meeting, so he chose to invite Mr. Jerry Hobbs – President of Public Lands for the People (PLP) organization and Mr. Paul Coambs – a retired law enforcement investigator and Board Member of PLP.

At the meeting, with much discussion and no resolution, Ranger Tucker was asked to reply to Mr. Goldberg’s June 20^th letter in writing. Again several weeks went by without response, so Mr. Goldberg again escalated the issue to Supervisor Contreras. After a brief, evasive response by Supervisor Contreras, he assured Mr. Goldberg that he would be receiving a letter response very soon. On August 8^th, Mr. Goldberg receive a letter from Ranger Tucker stating that his request for the Administrative Pass had been denied and was referred to Forest Service’s Surface Use Regulations found in 36 CFR 228, Subpart A.

On August 22^nd, Mr. Goldberg wrote a lengthy, certified letter to Supervisor Contreras stating the letter from Ranger O’Dell was “allusive as well as incorrect, in that 36 CFR 228, Subpart A has NOTHING to do with Administrative Passes.” Additionally, Mr. Goldberg’s letter correctly stated the text from Title 36: Parks, Forests, and Public Property, Part 228, Subpart A – Locatable Minerals, paragraphs 228.1, 228.2, and 228.4. It also cited 16 USC Chapter 87 – Federal Lands Recreation Enhancement, Sec. 6802 – Recreation Fee Authority dated January 7, 2011, which strictly prohibits the charging of fees “Solely for parking, undesignated parking, or picnicking along roads or trailsides.”

Mr. Goldberg’s opinion was that the USFS was charging ILLEGAL Fees in the San Gabriel River District and again requested an Administrative Pass. Once again, the letter went unanswered by Supervisor Contreras, so the matter was escalated to Regional Forester Randy Moore on September 7^th. All relating documents were forwarded to Mr. Moore via e-mail, requesting a telephone conversation on the following day. This again went unanswered; so on the evening of September 8^th, Mr. Goldberg sent an e-mail to Associate Chief Mary Wagner of the USFS in Washington, D.C. with a complete record of all correspondence relating to the matter.

On September 9^th, Mr. Goldberg called to speak with Associate Chief Wagner but was told she was in a meeting. He was then referred to her Chief of Staff, Tim DeCoster. After a short conversation, Mr. DeCoster agreed that the Ranger Tucker letter and Supervisor Contreras’ non-response was not sufficient to resolve the issue, and promised that he would discuss the matter with Randy Moore. Mr. DeCoster indicated that Mr. Moore would be responding to him shortly.

Forester Moore never responded to Mr. Goldberg, but instead, directed Mr. Contreras to reply by return certified letter to Mr. Goldberg. On September 13^th, Mr. Contreras’ letter misleadingly stated that the East Fork of the San Gabriel River was a “withdrawn area” and “All Mining operations under the 1872 Mining Law are prohibited on the East Fork. Mining operations include location of mining claims, prospecting, mining, including panning, sluicing, dredging, high-banking, etc.” The letter then goes on to incorrectly state that Public Law 578, the 1928 Watershed Withdrawal Act, withdrew The East Fork from entry and location under the mining laws…Therefore, National Forest System lands within the East Fork of the San Gabriel River are not open to prospecting or any other mining operations.”

After careful research, Mr. Goldberg found a document produced by John D. Wagner, M.A. Assistant Public Affairs Officer, Angeles National Forest which touted the exact words plagiarized by Supervisor Contreras in his September 13^th letter to Mr. Goldberg. In addition, Mr. Goldberg’s research found the following statements and sent them in a certified letter to Chief of Staff – Tim DeCoster in Washington, D.C.:

“Lands in Angeles National Forest were withdrawn from mineral entry in 1928…to conserve water resources and to encourage reforestation of the watershed (Public Law No. 578, Sec. 4135 – 70^th Congress); withdrawn lands within the wilderness study area, mainly on the west side,…” “The law does not prohibit prospecting and allows entry to proven ore deposits but effectively discourages complex exploration methods.” [From Geological Survey Bulletin 1506-E “Economic Appraisal, Cucamonga, Wilderness”, by Nicholas T. Zilka and Steven W. Schmauch, U.S. Bureau of Mines, page 87.]

As of this date, October 27^th, NO RESPONSE HAS BEEN RECEIVED, AGAIN! Consequently, Mr. Goldberg sent another e-mail to Associate Chief Mary Wagner, advising her that more than 30 days had passed since his letter of September 20^th was sent to Mr. DeCoster and received by his office on September 27^th and he requested that she contact him via telephone no later than October 26^th or the matter would be further escalated to USFS Chief, Tom Tidwell and further to Agriculture Secretary Vilsack, if necessary.

This clearly indicates that the USFS is NON-RESPONSIVE, Misleading, and a Buck-passing group of Bureaucrats, similar to MOST Government Agencies these days. They legislate laws, rules, and regulations and then twist and bend them by their own self-serving interpretations, to mislead the American Public.

Mr. Goldberg has stated, “It is a travesty what is going on in this country, with politicians lying, cheating, and misrepresenting laws and truths. This little issue of an Administrative Pass pales by comparison to other more significant issues being perverted by our government, but clearly shows how they are irrefutably lying to the American Public.”

El Dorado County Supervisor Ray Nutting Supports Outdoor Enthusiasts

PRESS RELEASE

El Dorado County Supervisor Ray Nutting Supports Outdoor Enthusiasts

Rancho Cucamonga, California – November 7, 2011

On Friday October 28, 2011, El Dorado County Supervisor sponsored a workshop to help outdoor enthusiasts understand the political format to get their voices heard when the U. S. Forest Service or other Government Agency proposes to enact new regulations or Projects that will impact the rights of users of the Public or Private lands.

The one day workshop was presented by Fred Kelly Grant’s organization - Trademark America. “Trademark America is available, for a minimal fee, to conduct coordination classes in your area, to review ordinances, advise strategy plans, and facilitate coordination with local government agencies.

Trademark America can be contacted at: contact@trademarkamerica.org . I recommend all prospecting and mining groups and clubs become familiar with this “Legal Political Process” to begin COORDINATION with your County Supervisors or other local governmental group to get more involved. The coordination process can only be done through a governmental agency, as it is a government to government process.

Your group must convince your local government to initiate the coordination process, but this should be rather easy to do, if your group has some articulate spokes person(s) that can explain the dire effects of a proposed project. This is a valuable tool we must begin to use to make our voices heard and to protect our rights from being usurped by governmental agencies such as the U.S Forest Service, the Environmental Protection Agency, Department of Fish and Game, and other Federal and State agencies.

Please contact Trademark America as soon as possible and see what they have to offer. You can also contact Gary Goldberg, Director of Public Relations for Public Lands for the People at public.relations@plp1.org for a quick overview of the workshop from his perspective

Mining District Proposed In Josephine County

October 11, 2011

By Ron Brown

GRANTS PASS, Ore. -- An effort by hundreds of Oregon and California miners to form a mining district the size of the mythical State of Jefferson is moving forward.

Today, representatives of the Jefferson Mining District presented their notice of formation of the District to Josephine County Commissioners. The group had hoped to have the document filed with the County Clerk's Office as a public record. Instead, they had to settle for getting it into the Commissioner's journal.

"They are at the moment the custodians of the mining records," says miner Kerby Johnson, "but obviously, this is an authority they've lost over the years. If you go back to 1892, they talked about it then. They seem to have lost that authority somewhere over that period, possibly in the 1970's."

County Clerk Art Harvey refused to file the documents in his office, even though there are dozens of mining claims registered there, going back almost 150 years. He says there is no state or federal law for filing of documents for formation of a mining district.

PLEASE CLICK ON THE LINK BELOW TO SEE THE VIDEO:

http://kdrv.com/news/local/227386

PLP RAFFLE TICKETS

PLEASE don't pass up the opportunity to buy your PLP Raffle Tickets. You don't want to miss out on the great list of prizes up for winning! Not only that, you will be helping the PLP Organization to continue the fight for YOUR MINING RIGHTS!

PLEASE make a DONATION to help all of US miners. Please visit the PLP Raffle Ticket Page on this site: Click here: http://prospectorsunite.shutterfly.com/plpraffletickets

Your generosity is greatly appreciated!

Jerry Hobbs - President of PLP and Proprietor

San Bernardino Sun Article

Mining business holds on in downtown San Bernardino
Michel Nolan, Staff Writer
Posted: 10/07/2011 11:53:55 AM PDT

Stapp Mining
Where: 1295 N. E St., San Bernardino
Hours: 10 a.m. to 4 p.m. Tuesday-Saturday
Information: 909-884-7060

SAN BERNARDINO -- Searching for Stapp Mining along E Street in the downtown area is a lot like prospecting for a small vein of gold.
The little shop, like a page out of history, offers essential mining equipment to weekend gold seekers and seasoned prospectors alike.

"Prospecting and mining are part of the pioneer spirit - it's what this country was built on," said store owner, Jerry Hobbs, who has owned the store since March.

"A lot of new people are getting interested in mining now, but they don't understand the problems they may be getting into. It's important to educate people," said the 68-year-old Hobbs, who has been prospecting since 1979, taught prospecting and guest lectured at area schools.

"We're selling more gold pans, sluice boxes and metal detecters. You can tell the old prospectors, though, they're very closed-mouthed."

He admits higher gold prices could be driving the interest.

Late Thursday morning, gold was selling for $1,648 an ounce and would be climbing again soon, Hobbs predicted.

Walt Sellers of San Bernardino browsed through the shop, noting he was a "neophyte" when it came to gold mining.

"I just want to find out what would be involved in doing some weekend prospecting," he said.

Mining essentials are crammed into the 800-square-foot space - gold pans, sluices, dredges, White's metal detectors, dry washers (for desert use).

A wall rack featured a variety of prospecting books and maps.

Previous owners Terry and Dee Stapp owned the business for 35 years, selling it when all the new laws slowed the business down, said Hobbs, founder and head of the nonprofit PLP (Public Lands for the People) organization.

According to Hobbs, organization members are defending themselves against over-regulation and what he calls the "extreme green movement."

Right now the group is challenging environmentalists, Indian tribes, the forest service, and the State Department of Fish and Game.

"Miners have the strength because mining is a right - it's a grant from 1872; off-roading and recreation are a privilege," he said.

"San Bernardino County has lots of gold," Hobbs said, recommending prospectors try "the Cajon Pass, Lytle Creek, the east fork of the San Gabriel River and all of the desert."

Hobbs recommends that prospective prospecters check out a prospecting club. "There's always a lot of information out there."

Mining is about 90 percent research and 10 percent labor, Hobbs estimated.

Stapp Mining offers one-stop shopping before you head out prospecting - and in case you don't have a heavy-duty off-road vehicle, burros are available for adoption at Sundance Ranch in Redlands, through the Bureau of Land Management.

- michel.nolan@inlandnewspapers.com, 909-386-3859

Web Site Update

I must apologize to the followers on this web site for not keeping it more up to date. Unfortunately, I am involved in 2 major law suits of my own, which have demanded most of my time, money and attention.

They are not over, by any means, but I have a small breather right now and hope to be able to be a bit more diligent. Thanks for your patients!

Sincerely,

Gary Goldberg

PLEASE SUPPORT MY NEW BLOG SITE

Hello Prospectors and Miners! I have created a NEW BLOG SITE at:

http://patriotsandmilitaryunite.blogspot.com/

PLEASE VISIT IT AND JOIN. You will see it is much more IMPORTANT than just our Mining Rights. I hope you will help me get this blog going by participating and telling everyone you know to check it out.

THANKS FOR YOUR SUPPORT!

BAD BAD NEW FOR THE SUCTION DREDGE COMMUNITY

Date: Saturday, August 27, 2011, 7:42 AM

The Gov just appointed a new Fish and Game Dept. head. This guy will be bad news for Siskiyou County. Please see attachment and make calls on Monday. We will need every ones help on this one. If you have time call all the Republicans in the Senate.

He still needs to be confirmed by the California Senate. So we need to contact Doug La Malfa and ask him to vote no on his confirmation. We should also contact Ted Gaines, who is likely to be our new Senator. Email and call on Monday. I will send out an email to all the tea party folks to ask them to do the same.

senator.lamafa@senate.ca.gov 916-651-4004 and senator.gaines@senate.ca.gov 916- 651-4001

______________________________
James Foley
Property and Mining Rights Advocate
Klamath River, California
jfoley@sisqtel.net
530-465-2211

RESOURCE COALITION ANNOUNCEMENT

Subject: Beach Placer Prospecting and Mining Rules Adopted

For Immediate Release.

Yesterday afternoon, after 8 years, the Washington State Parks and Recreation Commission unanimously adopted the "WAC Revisions for Small Scale Prospecting and Placer Mining in the Seashore Conservation area", more commonly referred to as the beach mining rules. The rules, as adopted are attached.

Once these rules go into effect, in just over 30 days from today, Small Scale Mineral Prospecting and Mining will once again be allowed on Washington's Coastal beaches in those area's managed by Washington Parks and Recreation. The equipment authorized will be limited to a 5 inch suction dredge and smaller and is allowed year round. There are restrictions as to where equipment may be setup to protect threatened and endangered wildlife, other users of the beaches, as well as the prospector and their equipment.

This decision by the commission is monumental in that the adoption was nearly thwarted by a last minute influx of emails in opposition to this proposal. Lisa Lantz, SW Region Resource Steward, read one such email from the Surfrider Foundation, who the day before had alerted it's members of this proposal via Twitter and Facebook to "SEND AN EMAIL NOW TO SAY "NO!" TO POTENTIAL SMALL-SCALE MINING ON OUR STATE BEACHES". Representatives from the Small Scale Mineral Prospecting and Mining community, Bruce Beatty, Bill Thomas, Robert Cunningham, Barbara and Bela Kovac's provided public testimony and answered questions at the hearing explaining that this process has been in the works for 8 years, was conducted as a pilot study and countless hours over the past year were spent by Parks and Recreation staff to mitigate any and all concerns. After a fully involved discussion as to wether or not to delay the decision to adopt to as late as October or November, the commission voted and adopted these rules.

I would like to add that this was the most common sense rule making process that I have ever been through. The Washington State Parks and Recreation staff and Commission need to be thanked for their time and effort to make this historic activity a reality once again. Please take the time to write to them.

Lastly, we all owe Bruce Beatty a large thank you and high 5 for his untiring 8 year effort to bring this activity back to our heritage.

Bill Thomas
President
Resources Coalition

FEDERAL PETITION STATUS AS OF 08/05/2011

Folks, I have 647 individual signatures on the FEDERAL PETITION I sent to all the GPAA Presidents. I have another 56 on the Petition Web Site I set up at http://www.change.org/petitions/return-the-rights-to-utilize-public-lands

and another 20 signatures at: http://www.thepetitionsite.com/2/introduce-legislation-to-return-the-publicrsquos-right-to-utilize-public-lands-for-the-purposes-that/

That is a total of 723 individual signatures. I want to get at least 300 more before I send the first round in to Congressman David Dreier.

PLEASE HELP ME GET MORE SIGNATURES. If anyone needs ne to send them the Petition, just ask! It is also on the FILES Page for Download.

ON-LINE PETITION TO RETAIN RIGHTS ON PUBLIC LANDS

Please click on the link below. It will take you to the On-Line Petition. Please read, sign and tell your friends to visit the site to sign also!

http://www.thepetitionsite.com/2/introduce-legislation-to-return-the-publicrsquos-right-to-utilize-public-lands-for-the-purposes-that/

GROUND BREAKING SUPREME COURT RULING ON SOVEREIGNTY

Go to the NEWS TAB and watch the Video from the link provided.

PLEASE See the e-mail from American Land Rights Organization

http://prospectorsunite.shutterfly.com/news

NEW VIDEO ADDED - MUST SEE!!!

Please watch "Grinding Down America"

PLEASE VISIT MY PETITION PAGE AND SIGN IT TODAY! THANKS.

CLICK HERE TO GO TO THE PETITION PAGE

IMPORTANT SITES TO SUPPORT

PUBLIC LANDS FOR THE PEOPLE - A 501(c)(3) tax deductible non-profit organization

PETITION TO U.S GOVERNMENT TO RETURN OUR RIGHTS TO USE PUBLIC LANDS
GPAA WEB SITE
EASTERN OREGON MINING ASSOCIATION
KEENE ENGINEERING WEB SITE
PROLINE MINING EQUIPMENT
GOLD PAN CALIFORNIA SITE

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Los Angeles, CA

San Bernardino, CA

Sutter, CA

Oroville, CA

Eureka, CA

Grants Pass, OR

Portland, OR

Boise, ID

Phoenix, AZ

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Aurora, CO

Clayton, CA

PLP ORGANIZATION NEEDS YOU!

PLEASE HELP SUPPORT THE PLP ORGANIZATION BY JOINING OR MAKE A DONATION TODAY. REMEBER, THEY ARE FIGHTING FOR OUR LEGAL RIGHTS!

http://plp1.org/joindonate.html

PLP RAFFLE TICKETS NOW AVAILABLE

PLEASE VISIT THE "NEW" PLP RAFFLE PAGE BY CLICKING HERE!

iT IS VERY IMPORTANT TO BUY THESE RAFFLE TICKETS. PLP USES THE MONEY GENERATED BY THESE RAFFLES TO SUPPORT LEGAL FEES INCURRED IN FIGHTING UNFAIR LEGISLATION AS WELL AS LEGAL DEFENSE SUITS.

ALL DONATIONS ARE TAX DEDUCTABLE! NOT ONLY WILL YOU BE HELPING TO FIGHT AND DEFEND OUR RIGHTS TO PUBLIC LAND USE, BUT YOU MAY EVEN WIN A GREAT PRIZE.

GET YOUR RAFFLE TICKES NOW!

EASTERN OREGON MINING ASSOCIATION'S RAFFLE Site

Please visit the Eastern Oregon Mining Association's RAFFLE SITE at:

http://easternoregonminingassocraffle.shutterfly.com/

Remember your RAFFLE Money goes to help FIGHT for OREGON Miners RIGHTS! Not only that, but they are collaborating with California Miners to share their knowledge and experiences!!!

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Capitol Alert
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SacBee -- State Budget

SacBee -- State Budget
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Questions swirl around Jerry Brown's plan to cut state workers' hours
One day after Gov. Jerry Brown proposed sweeping changes to state government work schedules, many employees were still deciphering what it means for them.

The State Worker logo

What's next?
• This week: Gov. Jerry Brown and legislative leaders will negotiate on Brown's budget proposal and alternatives to closing the deficit.

California state workers may face shorter workweeks, less pay
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The State Worker logo

Optimistic projections led to dramatic surge in California budget deficit
Gov. Jerry Brown announced Monday that the state budget deficit had grown by a remarkable 70 percent since January, but fiscal experts said the economy had little to do with it.

Gov. Jerry Brown discusses his revised state budget plan during a Capitol news conference in Sacramento, Calif., Monday, May 14, 2012. Brown said the budget shortfall swelled from $9.2 billion predicted in January to $16 billion, in part because tax collections have not come in as high as expected and lawsuits and federal requirements that have blocked billions of dollars in state cuts.

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Gov. Jerry Brown uses a chart of projected budget shortfalls Monday in Sacramento as he outlines the state's financial dilemma. "It's very easy to play gotcha, real simple," the Democratic governor said as he cited reasons why the deficit problem wasn't solved in 2011.

Brown: California budget deficit rises to $16 billion
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Welcome Miners/Prospectors

Welcome to our site! Here you'll find the latest News, Pictures, Calendar of Events, Downloadable Files, and Message Board for comments about Gold Mining and Prospecting.

There are so many individual sites on the internet, but only one (this one) tries to bring the most important things that are going on today, which have an impact on Gold Mining and Prospecting.

So much has been happening in California lately that can and probably will effect the entire country with regard to Mining and Prospecting. Since we are in California, we will certainly keep you up to date on what is happening here, as well as things happening in other states that have far reaching effects.

This is a laborious task, but we know of no other Mining/Prospecting site that Miners and Prospectors can go to and get ALL the IMPORTANT INFORMATION affecting us.

Visit us regularly to see what we're up to. THANKS and ENJOY YOUR VISIT!

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5/17/2012 3:49:46 PM