The SMALL MINER AMENDMENT update and Call to Action
We are overwhelmed with the support PLP has been receiving from around the country for the Small Miner Amendment. With over 2,000 endorsements and counting, this will help to make a greater impact because legislators will see the breadth of support from around the country for the Small Miner Amendment. In just a few weeks our Northern California Director, Clark Pearson and Scott Harn of the ICMJ (Mining Journal), will again be meeting in Washington D.C. with high level officials in the Environmental Protection Agency (EPA), Department of Interior (DOI), along with many legislators and their aides. We are working hard to get this critical mining legislation passed, providing regulatory relief for the small-scale mining community across the nation. Help us to help you: send us your endorsements of the Small Miner Amendment. You can read the complete language here: http://www.publiclandsforthepeople.org/small-miner-amendments-to-s145/
It seems there may be some confusion as to what PLP’s proposed legislation is. It is NOT what MMAC has/ had in mind regarding Mining Districts. It is not the same bill at all. It is somewhat like doing arthroscopic surgery to cancerous laws, by using legislation to go in and make tiny incisions (corrections), in multiple places (various laws), to help the sick patient (the miners), heal up and restore full use of their mining rights.
PLP’s legal researcher Clark Pearson wrote the “Small Miner Amendments to S. 145. RECOGNITION OF THE LIMIT OF THE RIGHT OF SELF-INITIATION UNDER THE 1872 MINING ACT AND THE PERMISSIVE (PERMIT) SYSTEM FOR PURPOSES OF REGULATORY CERTAINTY”

As you read through the bill, you will see just how well the small-scale suction dredgers will benefit! Especially in Sec. 104.
It amends certain US Codes. Here are the current US Codes mentioned so you can more easily refer to and understand the amendments proposed to them (Thanks to Jann Higdem for setting up these links!):

SECTION 101: Improving regulatory accountability
28 USC §2412(d)(1)(A) -Costs and fees

Section 102: Removing overlapping and duplicative authorities
16 USC § 478 – Egress or ingress of actual settlers; prospecting
16 USC § 551 – Protection of national forests; rules and regulations
16 USC § 1604 – National Forest System land and resource management plans
30 USC § 612 – Unpatented mining claims

Section 103: Uniform federal regulation
43 USC § 1702 – Definitions
43 USC § 1748c – Bureau of Land Management Foundation
42 USC § 4332 – Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
16 USC § 1536(a)(2) – Interagency cooperation

Section 104: Mine operation exemptions from the Clean Water Act
33 USC § 1362(12) – Definitions: “discharge of a pollutant” and the term “discharge of pollutants”
33 USC §§ 1341, 1342 or 1344

Section 105: SMALL MINER EXEMPTION
30 USC § 803 – Mines subject to coverage
5 USC § 554 – Adjudications (MSHA)

Section 106: Review and revise existing federal regulations
36 CFR Part 9 MINERALS MANAGEMENT (DOI & NPS)
43 CFR Part 4 Dept. Hearings & Appeals; and (DOI)
Part 3800 – Mining Claims Under the General Mining Laws (DOI)
36 CFR Part 228 – Subpart A, Locatable Minerals (USDA)
30 CFR Parts 1-199 – Mineral Resources (MSHA)

Section 107: FEDERAL CONSENT ON PUBLIC LANDS None
Section 108: DISCRETION OF THE OWNER OR MINERAL OPERATOR
30 USC § 43 – Conditions of Sale by Local Legislature

Section 109: MINERAL WITHDRAWN LANDS
43 USC § 1712(e)(3) – Land Use Plans
43 USC § 1714 – Withdrawals of Lands
You can read more about the Small Miner Amendment and also the need to write letters about MSHA issues right away at: https://www.icmj.com/magazine/article/plp-and-mmac-update-3815/
Regarding letters of support for the “Small Miner Amendments to S 145,” please address them to your member of the US Senate or US House of Representatives. The Mining Journal is collecting the letters to take to D.C.
Completed letters can be sent to the Mining Journal by email to editor@icmj.com; by fax at (831) 479-4385; or by mail to:
ICMJ
Attn: Scott Harn
PO Box 2260
Aptos, CA 95001
As a personal means to show support for PLP’s efforts, everyone should strongly consider becoming a member. The cost is a mere $35/yr . Keep in mind that PLP is not a prospecting or social club. We are an organization that focuses primarily on “mining rights” and protecting them without compromise! The majority of donations to PLP are from individuals making small donations. Every dollar goes into the fight! We are an all volunteer board, and your donation/ membership, raffle ticket purchase keeps us engaged in the battle.
Order your 2018 Grand Raffle tickets here: http://www.publiclandsforthepeople.org/ Another prize is being added this month!
Also consider subscribing to the Mining Journal to keep abreast of the very latest mining and prospecting news and insights. https://www.icmj.com/subscribe/
Let’s all work together to make an impact. Together we’ve taken some lands back for public multiple use as in the Eagle Mountains and other areas, now let’s work together making history with these current activities to keep them!
Why? Because it matters greatly to the next generation what we do now. We are the Patriots of our generation. It’s about Mining Rights, it’s about Freedom!
Ron Kliewer
President

December 18, 2017

President Donald Trump

The White House

1600 Pennsylvania Ave. NW

Washington, D.C. 20500

Re: Rinehart v. California, No. 16-970 (U.S. Supreme Court)

PLP exists to “Represent and assist outdoor user groups and individuals interested in keeping public and private lands open to prospecting, mining and outdoor recreation through education, scientific data and legal means.”

Dear President Trump,

If you have not heard of Public Lands for the People (PLP), we are one of the oldest mining and land rights advocacy organizations in the nation, having fought hard for miner’s rights since 1990. We are reaching out to you, inviting you to unite with us in the struggle to preserve the rights granted to us under the 1872 Mining Law.

Along with supporting Brandon Rinehart in the California state court, PLP has fought other battles in the courts for many years, winning some very key cases for miners in the United States while preserving the spirit of our Federal Mining Law and our National Minerals Policy, codified in 1970, which states: “The Congress declares that it is the continuing policy of the Federal Government in the national interest to foster and encourage private enterprise in (1) the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries, (2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs…”

I write to you today in order to make you aware of some rather disturbing recent actions of your Solicitor General in his office’s Amicus paper favoring California’s anti-mining position on mining and specifically regarding Rinehart v. California, No. 16-970 (U.S. Supreme Court).  It is also to address specifics not addressed in a letter sent to you from the defendant’s attorney, James Buchal, on December 8^, 2017.

As you are aware, it will be difficult to “Make America Great Again” without domestic manufacturers that have access to domestic sources of raw metals and minerals mined here in the United States.  The problem is this: states such as California and your present Solicitor General support these actions that promote duplicative state regulation that overrides and is in direct conflict with Federal land planning objectives under the guise that state law can be more restrictive than federal law.

Unlike what your present Solicitor believes, this is exactly what the US Supreme Court warned about in California Coastal Comm’n v. Granite Rock., 480 U.S. 572 (1987).  Anti-mining states such as California have a rather insidious way of carrying out this anti-American policy.  They require a state permit on federally managed land—a permit that is physically impossible to obtain in the case of Rinehart.

Rinehart, in good faith, was carrying out his obligations under federal law and was caught in a scheme some have called “regulation by strangulation” whereby the state or federal agency requires a permit that it will not, or cannot issue in a timely fashion, then proceeded to criminally prosecute Rinehart under state law for not having that permit.  A common tenet in law is that “the law does not require impossibilities,” but here in California, the rule of law and the justice it stands for is out the window. The state of California claims harm without environmental proof, which adds to this miscarriage of justice.

I understand that more of the swamp (administrative state) needs draining in order for your Presidential orders to be carried out and we at PLP admire your courage, drive and commitment.  So if it is at all within your power as President to ask your Solicitor General to withdraw his Amicus regarding Rinehart v. California, No. 16-970 (U.S. Supreme Court) that acts to reward regulatory abusers such as California, it would be greatly appreciated.

Without your help, California and your current federal Solicitors stand as obstacles to federally encouraged activities and the security of our nation. Until next time, Let’s Keep Taking it Back while we Make Mining and Multiple Use Public Lands Great Again!

Thank you for your time and attention to this urgent matter, and please do not hesitate to contact me if you have further questions.

On behalf of the Board of Directors of Public Lands for the People, the Traditional Mining Districts, and our entire national membership,

Ron Kliewer, President

Public Lands for the People

23501 Burbank Blvd.

Woodland Hills, CA 91367

Phone: (844) PLP-1990

cc: Attorney General Sessions

Secretary Ryan Zinke

It is still…Happy FLOOD GOLD season!

The heavy rains in the west have left some golden reminders behind, we are getting reports of flood gold being found in the aftermath of the high water. The floods have moved gold from higher up in the watersheds, and has re-deposited it in the newly reformed river gravels and bars. It’s always a great idea to check some tried and true spots where you found gold before after high water because there’s a good chance those places have been replenished.

What better way to get out there and find some new flood gold than to take some PLP Grand Raffle prizes you won to try out? New gear works the best when you’ve won it! And hey, an ounce of gold donated by Roger Plata would be great to practice panning with, right? Imagine a whole ounce of gold in your pan… hey even a half ounce would be super cool to pan with, and that’s also one of the prizes PLP is giving away, along with a bunch of mining equipment, a New ’49ers LIFETIME membership and even a mining claim in the California Mother Lode! You can’t win if you don’t enter, so we’re making it easy for you by giving you a dozen free tickets with your new or renewing single PLP Membership or TWO DOZEN FREE TICKETS with every new or renewing family membership! We normally only offer this deal at the gold shows, so this special offer is good for the month of April.  It’s simple to secure your tickets by signing up on line and we will mail tickets to you for the July 11th, 2017 Grand Raffle Drawing.  Join and renew here: http://www.publiclandsforthepeople.org/join/

If you want to purchase tickets outright you can call our toll free number (844)-PLP-1990 which is (844) 757-1990 or call our Raffle Chairman Timothy Eakin directly at (714) 948-3035. For a full list of the nearly $15,000 in Grand Raffle Prizes go here: http://www.publiclandsforthepeople.org/2017-grand-raffle-is-here/

Have you seen the new car rental commercial featuring a friendly miner helping tourists learn to prospect? Mining is getting great again!  https://www.youtube.com/watch?v=PRhVvCxC1WA

Supporting the raffle helps us continue to fight for miner’s rights, and until next time, Let’s Keep Taking it Back while we Make Mining and Multiple Use Public Land Great Again!

Ron Kliewer,  President

Hello Folks,

Here we are in a new year with a new government settling into place in Washington DC, and a new set of challenges in front of us. Yes, it is great that our new President is pro-American business and willing to do what he can (which is a lot!), to Make America Great Again, But ‘We The People’ still need to do our part and be actively involved in the process. You can’t sit back and expect that everyone else will get it done. We The People have spoken and We The People must act on our convictions. It’s time to stay involved, write letters to your Congressmen and Senators and make phone calls. A hand written letter is worth thousands of form letters! There are still fights in progress such as the Eagle Mountain land annex where the National Park Service is working hand in hand with BLM to take 22,000 acres of mineral rich land into the National Park to be locked away. Get involved and write letters. The comment period closes Feb. 16th  https://parkplanning.nps.gov/commentForm.cfm?documentID=76012   Even in a national emergency where our enemies refuse to sell us any rare earth minerals that are crucial to our national defense, once locked in the National Park, the minerals may as well not exist. Even if the land could be moved back into Public Domain, it would takes years to develop the mines so as to be useful in the defense of our nation.

We have an update to our dredge lawsuits here in California. It appears Judge Ochoa has for the second time cancelled the upcoming hearing on the CEQA and “one subject” motions, this time pushing the hearing out to July 12, 2017.

You all may recall that these motions were initially to be heard in January 2016, then stayed on account of the Rinehart case, then set for April 21^st 2017, then cancelled at Judge Ochoa’s instance and moved to May 12^th 2017. Although we are very confident that we can get the CEQA process and the 2012 regulations thrown out due to the faulty science and violations of the process by the State of California, that won’t get us back in the water dredging due to the water board permitting process lumped on by the legislature.

We do have a solution that will remove all states from regulating unreasonably on Federally managed lands and give the power back to the MMAC affiliated mining districts.

We are working feverishly to get new legislation in place that will put more teeth in the 1872 Mining Law for the miners. This must happen within the next 2 years while the Republican majority is in place. Do your part to help us Take It Back And Keep It! Renew your supporting membership in PLP and make a donation above your normal membership to help us make the extra push supporting the Mining District revival under the expert guidance of the Minerals and Mining Advisory Council! The power of the mining districts is beginning to be realized in Congress. Our advisors were in DC for the inauguration. Joe Martori, Clark Pearson and Scott Harn, all MMAC advisors are in Washington DC right now for a rigorous week of work on our behalf to get our Federal legislation through and signed by President Trump!  You can read the bill here:  http://www.mmacusa.org

PLP volunteers will be set up at the big Quartzite, Arizona Gold and Mineral show Feb. 10-12, so come out and show your support! We will have gold bags for sale, a panning area, PLP T-shirts, expert prospecting advice, Challenge Cards, PLP bumper stickers  and speaking at the show. We are excited to be there! Find out all about the show here: https://quartzsitegoldshowcom.wordpress.com/

Though our membership voted in new By-Laws last year which we are now operating under, the Board Members that resigned last July are still having their charade meetings, pretending to be PLP Board Members at Keene Engineering’s office. We are saddened to announce that because of these actions, by GPAA’s request, PLP will not be allowed to set up at any of their events until GPAA is satisfied that the Board dispute has been resolved. As far as we are concerned, the dispute was resolved when the PLP Membership overwhelmingly approved the new By-Laws last fall.  We will miss so many of you we consider our friends at these shows, but will keep in touch other ways like through our newsletters, website, new shows we’ve never worked at before, and “out there” in the gold fields.

We are continuing to fight for miner’s rights, and are still Plaintiffs in the two dredging cases in San Bernardino. Your board of directors are all volunteer! Please help us help the mining community by renewing membership and making an extra donation.

Until next time, Let’s Keep Taking it Back while we Make Mining and Multiple Use Public Land Great Again!

Ron Kliewer

President