1. 10 Ounces of Silver donated by John Godfrey
1. 10 Ounces of Silver donated by John Godfrey
On June 18, 2019, In the wake of the Bohmker case being denied a hearing by the Supreme Court, a coalition spearheaded by the Waldo & Galice Mining Districts, along with nine other mining organizations including PLP, sent a “Petition for Rulemaking to Stop State-Law Based Prohibitions of Mining on Federal Lands” to Secretary of Interior Bernhardt and Secretary of Agriculture Purdue. Read the petition for rulemaking document here.
A more through explanation of how to send a letter in support of this important petition can be found on the Waldo Mining District website.
Submitted by Tom Kitchar of the Waldo Mining District:
In their Petition, the Miners request that the BLM regulations at 43 CFR 3809, and the Forest Service regulations at CFR 228, be amended where the regulations currently allow or authorize states to set unlimited restrictions (above and beyond any federal regulations) on mining on lands of the United States open to mining.
Q: How can the BLM or FS (lawfully) authorize the states to do something they themselves are barred from doing?
A: They can’t… but they did it anyway because guess-who was President.
Amendments to the Mining Law in 1955 gave the United States the right to manage the non-mineral resources on unpatented mining claims providing 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. 612(b) (emphasis added)
Under the U.S. Constitution, Congress has the ultimate authority over all lands owned by the United States. Congress has delegated the authority to manage the public domain lands to a variety of federal agencies, including the Dept. of Interior (and BLM) and the Dept. of Agriculture (and Forest Service), who manage the Public Lands that are open to mining.
However, 30 U.S.C. 612(b) prohibits the federal agencies from endangering or materially interfering with mining on unpatented claims. This is because on mineralized land, mining is the “best use” and all other uses are at the most equal or secondary to mining (this is why the BLM or USFS cannot “prohibit” mining).
So, in the early 2000’s, the BLM and USFS amended their mining regulations adding language requiring all miners obtain all required state permits… and then went on to say even if those state regulations are more strict than the federal regulations require… with no set limit.
The Rinehart and Bohmker cases were denied by the U.S. Supreme Court in part because the BLM and USFS regulations gave the states the authority to restrict mining basically anyway they wanted, and apparently without any federal oversight. If the state required a permit, all the BLM or USFS cared about was that miner obtained the permit, without really caring about what restrictions were in the permit…
…and thus, California shut down all suction dredge mining statewide in 2009, followed by Oregon’s ban on motorized in-stream mining in most streams in 2017 – and got away with it. Because of those regulations, and the standing U.S. 9th Circuit decision in Bohmker, until those regulations are amended, the states have carte blanche to regulate or restrict nearly any mining or other use of the federal lands by passing a law (for any reason and without any proof under the guise of “protecting the environment” from an undisclosed harm to ???); even to the point of a prohibition.
Q: How can the BLM or FS (lawfully) authorize the states to do something they themselves are barred from doing?
A: They can’t… And now we are formally petitioning for change as allowed under 5 U.S.C. § 553(e) to amend the 3809 and 228 regulations adding language that any state restrictions on mining on federal lands that endanger or materially interfere with the mining are automatically preempted by federal law… limiting state authority to reasonable “standards based” restrictions without any prohibitions or moratoriums.
Here we are again, it’s now officially THE LAST MINUTE! What am I talking about you ask? Well it’s the HUGE annual 2019 Grand Raffle drawing of course! AND it is happening JULY 9th!
This means you have mere days to call in your order. It’s now too late to order by snail mail. We have operators standing by. Well, not really. We have a couple of dedicated volunteers who will get back to you as fast as possible when you leave a message on our toll free phone line. We keep our overhead as low as possible so all proceeds can be put into the fight. There are a lot of great prizes too! Even if you don’t happen win a prize, please support the businesses that donated the prizes, because they are big supporters of PLP and what we are accomplishing.
The DEADLINE IS Midnight JULY 7TH for Grand Raffle Ticket ordered by phone. The Grand Raffle is a great way to support the fight to keep our public lands open for multiple use PLUS win some great gear, expert help, club memberships, a mining claim and GOLD ! The Grand Raffle drawing is right around the corner on July 9th and we don’t want you to miss out!
Since July 9th is the Grand Raffle Drawing, so at this late date we are not mailing out your tickets. Instead, we are assigning your tickets to you as you purchase them and are putting them in the ticket barrel to be included in the drawing.
If you wish to purchase tickets, you can call our toll free number (844)-PLP-1990 which is (844) 757-1990.
Why is it important to buy PLP Grand Raffle tickets? Because the raffle helps raise critical funds to help us stay in the fight for such things as bringing back dredging on Public Lands.
Why is all this important? Because it matters greatly to the next generation what we do now. If we fail to act, we fail our children and grandchildren. We are not giving up! We are the Patriots of our generation. It’s about more than Mining Rights, it’s about Freedom!
You can sign our petition to be part of the solution here: www.publiclandsforthepeopl
April 29, 2019
PLP has proposed an amendment to the National Defense Authorization Act (NDAA) called “Critical Minerals: National Security Amendments to the NDAA”. This Critical Minerals Amendment, written and proposed by our legal researcher Clark Pearson, solves most of the small miner’s regulatory problems observed by PLP over the last 29 years. A huge amount of research and practical knowledge has gone into this amendment. It was written by a working small miner to help all miners, big and small. It provides clear and concise regulatory certainty in dealing with all regulatory bodies the miner faces today. PLP is presently seeking co-sponsors on the House and Senate side.
This Critical Minerals amendment is a must read and should go down as the most important piece of legislation to help the mining industry in a very long time. You can help us TAKE ACTION! PLP has started a petition drive at: https://www.publiclandsforthepeople.org/take-action/ where you can read the proposed legislation and support material then electronically sign the petition. Your signature, along with thousands of others will be shown to select members of the United States Congress and Senate. The signatures will convince legislators of the groundswell grassroots support and that the time to act is now. ICMJ’s Prospecting and Mining Journal, which has documented our progress in Washington, D.C., also has it available for viewing and comment at: www.icmj.com.
The ICMJ has also taken the lead to receive individual miner and mining association endorsements in support of the “Critical Minerals: National Security Amendments to the NDAA” on their Facebook page or by sending your endorsement to their mailing address:
ICMJ P.O. Box 2260 Aptos, CA 95001
Read the detailed PLP update here: https://www.icmj.com/magazine/article/plp-update-4022/
Please do your part to help us Take It Back and Keep It! Renew your personal, business or club membership and PLEASE HAVE ALL YOUR CLUB members join PLP as well. Encourage everyone to be an active part of the solution and be among those who are making history.
Don’t forget, there is still time to purchase your 2019 Grand Raffle tickets! A book of 12 tickets only costs $10. Don’t wait until the last-minute rush! You can’t win if you don’t enter!
We can mail them to you or drop your tickets in the barrel for the July 9th drawing- your choice. To purchase tickets, call our toll-free number (844)-PLP-1990 which is (844) 757-1990 OR Mail a Check (to the address below), and specify the number of ticket books you wish to purchase. Let us know if you want us to assign your ticket numbers and drop them in the barrel or mail them to you to fill out and mail back. Supporting the PLP Grand Raffle helps us continue to fight for your rights.
23501 Burbank Blvd. Woodland Hills, CA 91367
We look forward to hearing from you,
Your PLP Board of Directors
New prizes added as they are donated. For example, we haven’t added Spin-It-Off to the official list yet. Thank you Spin-It-Off for donating to our raffle! This helps raise funds for things like helping get the “Small Miner Amendment” passed into law. We work hard for you, this is your chance to be part of changing what is broken in Public Lands Management. Thank you!
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 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 email@example.com; by fax at (831) 479-4385; or by mail to:
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!
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
SAN BERNARDINO COURT PROCEEDINGS & PLP RAFFLE WINNERS
Here are the winners of the 2017 PLP Grand Raffle. The drawing took place Tuesday, July 11, 2017 before the regularly scheduled PLP Board Meeting. A BIG thank you to all who participated, and also to the Mining Journal for publishing PLP’s ads. Without everyone’s participation, this would not be possible. This is one of the ways we raise funds to pay our legal team to fight for your rights. THANK YOU!
|20 Acre Mining Claim in Washington, CA||$5000.00||1701941 C||J.R. Williams|
|New 49’er Lifetime Membership||$3500.00||1701404 C||Tony L.|
|California Mining Claim Location Service||$3000.00||1703468 E||Marty N.|
|1 Ounce of Gold||$1218.00||1700835 A||Bill W.|
|Angus MacKirk Orofino Skaker Table||$1595.00||1703299 F||Raymond C.|
|Makro Gold Racer Metal Detector||$699.00||1702702 E||Luis J.|
|Dry Concentrator||$625.00||1702640 D||Jami|
|LDMA National Outing Family 4-Pack||$500.00||1702549 B||Dan R.|
|LDMA National Outing Family 4-Pack||$500.00||1703265 C||Sean W.|
|Goldstrike Half-Day Mini Washplant Package||$450.00||1700966 C||Jim R.|
|½ Ounce of Gold||$609.00||1702873 A||Jason B.|
|Gold Cube 4 Stack with Stand||$479.00||1703298 D||Raymond C.|
|50” Folding Power Sluice with Stand||$280.00||1700016 C||Joseph S.|
|Recirculating Sluice Box||$225.00||1702999 D||Dave S.|
|Fast Furnace Kiln||$145.00||1703466 D||Marty N.|
San Bernardino Court
PLP was present with counsel in court today ready to address four issues before Judge Ochoa. Unfortunately, Judge Ochoa wasn’t ready to hear our cases and moved the hearing back to July 25th, 10 am, 9th floor in San Bernardino Superior Court. We welcome anyone that wants to come out and support our efforts in court to remove the ban on dredging in California.
Ron Kliewer, President
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