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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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by goldhunterron » Tue Jul 23, 2019 10:34 pm

Part of my effort to help the miners. My letter, which was mailed to recipients is detailed at:
https://summerbridgebook.com/Mining_News_Page_2.html

NOTE: A letter was mailed to President Trump at:
The White House
1600 Pennsylvania Avenue NW
Washington D.C. 20500

List of letter recipients in President Trump's Administrators related to the efforts at resolving bans and lifting suction dredge ban efforts:

Dan Jorani
Principal Deputy Solicitor
Department of the Interior
1849 C Street, N.W.
Washington DC 20240

Joshua Campbell
Advisor, Office of the Solicitor
Department of the Interior
1849 C Street, N.W.
Washington DC 20240

Joe Balash
Assistant Secretary of Land and Minerals Management,
Office of Surface Mining Reclamation and Enforcement (OSMRE)
Department of the Interior
1849 C Street, N.W.
Washington DC 20240

Jim Cason
Associate Deputy Secretary, Department of the Interior
1849 C Street, N.W.
Washington DC 20240

Vicki Christiansen
Chief of the Forest Service
USDA Forest Service
Sidney R. Yates Federal Building
201 14th Street, SW
Washington, DC 20024

Jim Hubbard
Under Secretary for Natural Resources and Environment
USDA Forest Service
Sidney R. Yates Federal Building
201 14th Street, SW
Washington, DC 20024

Tim Petty
Assistant Secretary of the Interior, Water and Science
Department of the Interior
1849 C Street, N.W.
Washington DC 20240

Sonny Perdue
Secretary of Agriculture
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington D.C. 20530


David Bernhardt
Secretary of the Interior
U.S. Department of the Interior
1849 C Street, NW
Washington D.C. 20240
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by goldhunterron » Wed Jul 31, 2019 4:00 pm

It looks like David Bernhardt Secretary of the Interior Department has made some changes that should help miners as well as others who work the lands of the United States. The secretary of the DOI has a pointed William Perry Pendley as acting head of the Bureau of Land Management. This bureau controls 30% of the minerals and 1 out of 10 acres of federal land. Pendley has written books accusing the federal government in the past of tyranny against the lands of United States. Let’s hope the tide has turned as far as suction mining is concerned.
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Re: MINER'S PETITION TO CHANGE FEDERAL REGULATIONS

Post by goldhunterron » Fri Sep 13, 2019 3:45 pm

Finally got a letter from the Department of Agriculture stating that Secretary of Agriculture, Sonny Purdue has asked the Forest Service to address clarity and efficiency in the process to administer mining activities on Forest Service lands. This letter is dated September 5, and I sent my request in on July 22, 2019 so they apologized for being late in their response, but they’re going to review regulations at 36 code of FDR 228 subpart A for locatable minerals. They’re going to do this on September 13, today. The proposed rule will be drafted with all comments as of this date; so it should be in process now. The new 49ers and other minor groups have sent in comments, so we may be well covered in that area.
They thanked me for writing and for my interest along with all the other miners. The letter was sent by Christopher B. French Deputy District Chief of the National Forest System.
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