MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

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Mythicalminer
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MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by Mythicalminer » Sat Jun 22, 2019 12:44 am



On June 18, 2019, a Petition was sent on behalf of the Waldo & Galice Mining Districts, The New 49ers, AMRA, PLP, GPAA,LDMA, EOMA, Resource Coalition, Slate Creek Mining District, and several other mining organizations to Secretary of Interior David Bernhardt and Secretary of Agriculture Sonny Purdue. In the Miner's Petition we request that the BLM and USFS mining regulations be changed or amended to stop states from prohibiting mining.

One of the problems faced in the Rinehart and Bohmker cases is an amendment made to the BLM and USFS mining regulations during the Clinton administration... where the BLM and USFS gave the states the authority to place unlimited restrictions on mining higher than those set by the federal agencies charged with managing the public lands.

However, we highly question: How can the BLM or the USFS give the states authority to do something they themselves are barred from doing?

In 1955, Congress amended the Mining Law giving the BLM and the USFS the authority to manage the non-mineral resources on unpatented mining claims, but with the limitation: “. . . That any use of the surface of any such mining claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or processing operations or uses reasonably incident thereto . . .” (30 U.S.C. Sec. 612(b)) (emphasis added)

So, if the federal land agencies are barred from endangering or materially interfering with mining, how can those very same agencies give the states the authority to do what they themselves can't do? (Or am i missing something.... Is prohibiting the only practical methods to recover gold from underwater deposits "material interference"? (after-all, I am still free to pan by hand!). Is denying me the use of a motorized air-compressor so I can breath "endangering"?)

In the Petition, the Miners request that the agency regulations be amended limiting state regulation of mining on federal lands so they do not materially interfere with mining... and add language stating that if the states pass laws that materially interfere with mining then those state laws are preempted by federal law and can not stand.

A copy of the Miner's Petition is posted at: www.waldominingdistrict.org

LETTERS OF SUPPORT NEEDED

Until the unlawful regulations are amended we need all friends of mining to: 1) Read the Petition, and if you agree; 2) Sent a Letter of Support to the Secretary of Interior and the Secretary of Agriculture.

More information, a "Fill-in-the-Blanks" Sample Letter, and a list of Talking Points can be found at:

www.waldominingdistrict.org

A one or two page letter is all that's needed, and you can send the same letter to both Secretaries. If possible, in your letter explain how you are being "materially interfered" with.

There is no limit to the number of letters you send, or how often. And for those that doubt sending letters does any good, our last Letter Writing Campaign actually brought results (unfortunately too late to save the Bohmker case)... but we now have direct contact with officials high enough to actually help!

Thanks! ... now go write your letters!
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by chickenlip_willie » Tue Jun 25, 2019 3:55 am

Tom, Would post a full copy of the petition so every one can read it in full ?
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by Mythicalminer » Thu Jun 27, 2019 5:30 pm

I would except I don't know how. I have sent a copy of the Petition to Jim F. and asked him to post it for me, but not sure when he can do that. In the meantime, the Petition is available on the Waldo website at: www.waldominingdistrict.org
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by Jim_Alaska » Thu Jun 27, 2019 9:59 pm

It is best if people go to the link to Waldo to read the petition. These forums do not allow posting a .pdf file. It's only one click of the mouse to go over there and read it.
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by Mythicalminer » Thu Jun 27, 2019 11:29 pm

CLICK the below link, it will take you directly to the Petition

https://www.waldominingdistrict.org/wp- ... 8-19-1.pdf

However, please also go to www.waldominingdistrict.org to find out how you can help by writing letters and where to send them.

I urge everyone that wants to get back in the water to send your letters. We have a unique opportunity here to fix the problem without having to raise and spend $1,000 of dollars on legal fees and wait years for the courts to act. If you don't pitch in and help, don't complain about not being able to mine!

We have their attention. Right now there are dozens of federal officials looking into this... and guess what? for the most part none of them were aware California and Oregon have prohibited instream mining! And, fro the most part, once I explain what has happened, so far they all agree this is wrong and needs fixing.

WE NEED TO KEEP THE PRESSURE ON -- WRITE AND SEND YOUR LETTERS! KEEP THIS UP UNTIL THEY ACT!
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by chickenlip_willie » Fri Jun 28, 2019 4:03 am

Ok folks Mythicalminer has made it easy & very clear what we need to do . Now get off your butts & set down & write these letters now !! We have been engaged in this fight to recover our suction dredging rights now for over 10 yrs. & spent well over 1 1/2 million dollars taking this fight all the way through California & Oregon court systems. As Tom has stated, we now have the attention of the Federal officals. Lets take full advantage of it. Write & send your letters. .......... Jim Yerby
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by Mythicalminer » Fri Jun 28, 2019 4:36 am

It's even easier... all you need to write is one letter... and send a copy to both Secretaries. Be sure to sign your letters, and be polite... we're asking these people to help us. THANKS... NOW TURN THIS OFF AND GO WRITE YOUR LETTER!
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