JUNE 2017 NEWSLETTER

Court orders Pat Keene and Keene Engineering out from under PLP

On May 25th, Judge Ochoa granted Attorney James Buchal’s application to withdraw as counsel to resigned PLP board member Pat Keene and Keene Engineering.  PLP had directed Mr. Buchal to file the application, inasmuch as PLP was funding the consolidated dredging cases in San Bernardino, CA and should not be required to pay for the Keene entities. Previously Keene had argued in front of Judge Ochoa that he could not financially afford the expense of hiring his own attorney.

Regrettably, in the May 25th hearing, Keene argued that PLP attorney James Buchal should be removed from the remaining consolidated cases entirely because of a conflict of interest, even though the lawsuit between PLP and Keene has nothing to do with the suction dredging issues before Judge Ochoa, and Mr. Buchal is not involved in that lawsuit.  Nevertheless, Judge Ochoa invited Keene to hire an attorney to argue for Mr. Buchal’s removal in his court.

As a reminder, if you are still receiving emails from the resigned PLP board members simply unsubscribe. The email address of the resigned members is: plpnews@2016plp.com

Barry Wetherby, Pat Keene, Dwayne Platz, and Ray Kender are the resigned members. They, along with Mitch Noble are being sued by PLP to effectuate the return of PLP property and financial assets to the PLP Board, who hold it in trust for the benefit of the mining community.

PLP continues to strategize with Western Mining Alliance and the New ’49ers, preparing for the next dredge case hearing in Judge Ochoa’s courtroom on July 12th, 2017. We have all agreed that Judge Ochoa should first rule on Mr. Keith Walker’s case against the State of California regarding the “one subject rule” whereas the state cannot pass legislation that involves multiple subjects. If Mr. Walker wins this case, it would throw out SB670 and SB1018. We believe Mr. Walker has made a good argument against the State, and either way it goes it would have an effect on the briefing we submit to the court regarding the “CEQA” case. The CEQA case involves the process the State used to promulgate the 2012 regulations that we see as a prohibition in themselves, along with our causes of action regarding violation of the Administrative Procedures Act by the State. In addition, we really would like to see the Rinehart case heard by the U.S. Supreme Court first (it appears at this point there is a really good chance it will be heard by the highest court in the land), and this also would have an effect on our cases in front of Judge Ochoa. Public Lands for the People is  working hard for the mining community along with The New 49ers and Western Mining Alliance in these cases! With your continued support we WILL, “Take it back and KEEP IT!”.

Special thanks goes out to those that have renewed their memberships during our current, very successful membership drive being held in conjunction with the Grand Raffle.

There is a limited time to secure your Grand Raffle tickets! The deadline is just weeks away! They are still available for sale for the July 11th, 2017 Grand Raffle Drawing.  If you wish to purchase tickets, 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, check out the flyer below, or visit our website:  http://www.publiclandsforthepeople.org/2017-grand-raffle-is-here/

Supporting the PLP Grand Raffle helps us continue to fight for your rights under the 1872 Mining Law, RS 2477, and many more. There are references for your public land rights education on the PLP website. Please use and share.  Join PLP or renew your membership here: http://www.publiclandsforthepeople.org/join/

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

On behalf of the PLP Board of Directors,

Ron Kliewer

President

PLP President Ron Kliewer interviews Founder Jerry Hobbs circa 2008

We have posted the video on Facebook. You can watch it by clicking on the link below:

Ron Kliewer interviews Jerry Hobbs

Current PLP President Ron Kliewer interviews Founder Jerry Hobbs in 2008

Posted by Public Lands for the People on Saturday, May 6, 2017

 

Open Monuments to Multiple Land Use ~ACT NOW!

Date: May 5, 2017
Contacts: Interior_Press@ios.doi.gov

Interior Department Releases List of Monuments Under Review, Announces First-Ever Formal Public Comment Period for Antiquities Act Monuments

WASHINGTON – The Department of the Interior today announced the first ever formal public comment period for members of the public to officially weigh in on monument designations under the Antiquities Act of 1906, and the Department released a list of monuments under review under the President’s Executive Order 13792, issued April 26, 2017. A public comment period is not required for monument designations under the Antiquities Act; however, Secretary of the Interior Ryan Zinke and President Trump both strongly believe that local input is a critical component of federal land management.

Comments may be submitted online after May 12 at http://www.regulations.gov by entering “DOI-2017-0002” in the Search bar and clicking “Search,” or by mail to Monument Review, MS-1530, U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240.

DATES: The Department will shortly publish a notice in the Federal Register officially opening the public comment period. Written comments relating to the Bears Ears National Monument must be submitted within 15 days of publication of that notice. Written comments relating to all other designations subject to Executive Order 13792 must be submitted within 60 days of that date.

“The Department of the Interior is the steward of America’s greatest treasures and the manager of one-fifth of our land. Part of being a good steward is being a good neighbor and listening to the American people who we represent,” said Secretary Zinke. “Today’s action, initiating a formal public comment process finally gives a voice to local communities and states when it comes to Antiquities Act monument designations. There is no pre-determined outcome on any monument. I look forward to hearing from and engaging with local communities and stakeholders as this process continues.”

Executive Order 13792 of April 26, 2017 (82 FR 20429, May 1, 2017), directs the Secretary of the Interior to review certain National Monuments designated or expanded under the Antiquities Act of 1906, 54 U.S.C. 320301-320303 (Act). Specifically, Section 2 of the Executive Order directs the Secretary to conduct a review of all Presidential designations or expansions of designations under the Antiquities Act made since January 1, 1996, where the designation covers more than 100,000 acres, where the designation after expansion covers more than 100,000 acres, or where the Secretary determines that the designation or expansion was made without adequate public outreach and coordination with relevant stakeholders, to determine whether each designation or expansion conforms to the policy set forth in section 1 of the order. Among other provisions, Section 1 states that designations should reflect the Act’s “requirements and original objectives” and “appropriately balance the protection of landmarks, structures, and objects against the appropriate use of Federal lands and the effects on surrounding lands and communities.” 82 FR 20429 (May 1, 2017).

In making the requisite determinations, the Secretary is directed to consider:

(i) the requirements and original objectives of the Act, including the Act’s requirement that reservations of land not exceed “the smallest area compatible with the proper care and management of the objects to be protected”;

(ii) whether designated lands are appropriately classified under the Act as “historic landmarks, historic and prehistoric structures, [or] other objects of historic or scientific interest”;

(iii) the effects of a designation on the available uses of designated Federal lands, including consideration of the multiple-use policy of section 102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C. 1701(a)(7)), as well as the effects on the available uses of Federal lands beyond the monument boundaries;

(iv) the effects of a designation on the use and enjoyment of non-Federal lands within or beyond monument boundaries;

(v) concerns of State, tribal, and local governments affected by a designation, including the economic development and fiscal condition of affected States, tribes, and localities;

(vi) the availability of Federal resources to properly manage designated areas; and

(vii) such other factors as the Secretary deems appropriate.

82 FR 20429-20430 (May 1, 2017).

The National Monuments being initially reviewed are listed in the following tables:

NATIONAL MONUMENTS BEING INITIALLY REVIEWED PURSUANT TO CRITERIA IN EXECUTIVE ORDER 13792

Monument

Location

Year(s)

Acreage

Basin and Range

Nevada

2015

703,585

Bears Ears

Utah

2016

1,353,000

Berryessa Snow Mountain

California

2015

330,780

Canyons of the Ancients

Colorado

2000

175,160

Carrizo Plain

California

2001

204,107

Cascade Siskiyou

Oregon

2000/2017

100,000

Craters of the Moon

Idaho

1924/2000

737,525

Giant Sequoia

California

2000

327,760

Gold Butte

Nevada

2016

296,937

Grand Canyon-Parashant

Arizona

2000

1,014,000

Grand Staircase-Escalante

Utah

1996

1,700,000

Hanford Reach

Washington

2000

194,450.93

Ironwood Forest

Arizona

2000

128,917

Mojave Trails

California

2016

1,600,000

Organ Mountains-Desert Peaks

New Mexico

2014

496,330

Rio Grande del Norte

New Mexico

2013

242,555

Sand to Snow

California

2016

154,000

San Gabriel Mountains

California

2014

346,177

Sonoran Desert

Arizona

2001

486,149

Upper Missouri River Breaks

Montana

2001

377,346

Vermilion Cliffs

Arizona

2000

279,568

 

NATIONAL MONUMENTS BEING REVIEWED TO DETERMINE WHETHER THE DESIGNATION OR EXPANSION WAS MADE WITHOUT ADEQUATE PUBLIC OUTREACH AND COORDINATION WITH RELEVANT STAKEHOLDERS

Katahadin Woods and Waters

Maine

2016

87,563

The Department of the Interior seeks public comments related to: (1) Whether national monuments in addition to those listed above should be reviewed because they were designated or expanded after January 1, 1996 “without adequate public outreach and coordination with relevant stakeholders;” and (2) the application of factors (i) through (vii) set forth above to the listed national monuments or to other Presidential designations or expansions of designations meeting the criteria of the Executive Order. With respect to factor (vii), comments should address other factors the Secretary might consider for this review

In a separate but related process, certain Marine National Monuments will also be reviewed. As directed by section 4 of Executive Order 13795 of April 28, 2017, “Implementing An America-First Offshore Energy Strategy” (82 FR 20815, May 3, 2017), the Department of Commerce will lead the review of the Marine National Monuments in consultation with the Secretary of the Interior. To assist in that consultation, the Secretary will accept comments related to the application of factors (i) through (vii) in Executive

Order 13792 as set forth above to the following Marine National Monuments:

MARINE NATIONAL MONUMENTS BEING REVIEWED PURSUANT TO EXECUTIVE ORDERS 13795 AND 13792

Marianas Trench

CNMI/Pacific Ocean

2009

60,938,240

Northeast Canyons and Seamounts

Atlantic Ocean

2016

3,114,320

Pacific Remote Islands

Pacific Ocean

2009

55,608,320

Papahanaumokuakea

Hawaii/Pacific Ocean

2006/2016

89,600,000

Rose Atoll

American Samoa/Pacific Ocean

2009

8,609,045

 

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Like to dredge? Get involved Now!

To everyone that wants to make a difference, THE TIME IS NOW!

Written by James Buchal, PLP’s Attorney in the Dredging cases against the State of California:

I have made at least two overtures to the Trump Administration concerning the Rinehart and Bohmker cases, in which the Obama Justice Department has told the courts that no federal preemption issue arises if states shut down mining on federal land for any reason or no reason.  However, the Trump Administration has made no attempt to withdraw or counter the briefs filed by the Obama Administration.

Those interested in putting political pressure on the Trump Administration may wish to emphasize the following points:

  • America cannot be great again without a mining industry
  • Much of America’s mineral wealth is on federal lands
  • States are shutting down mining with no bona fide reasons to do so
  • The Obama Administration has misrepresented more than a century’s worth of preemption law in claiming that states can shut down federal mining
  • The Trump Administration should repudiate and withdraw the briefs amicus curiae filed in the Rinehart (petition for U.S. Supreme Court review pending) andBohmker cases (pending in the Ninth Circuit).

Targets for letters might include the President, the Attorney General, the Solicitor General, and the Assistant Attorney General for Environment and Natural Resources.

James L. Buchal

Murphy & Buchal LLP

3425 SE Yamhill Street, Suite 100

Portland, OR  97214

Phone:  503-227-1011

Fax:  503-573-1939

APRIL Grand Raffle Announcement

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March 2017 Newsletter

Latest News

Happy FLOOD GOLD Season!

After the heavy rains in the west, this summer promises to be one of the best mining seasons for small scale miners in many a year! Here we are on the verge of a great new mining season, and there is still legal work to be done in San Bernardino with the California dredging cases we have been plaintiffs in against the state of California for nearly a decade now. We are never giving up until miners are back in the water!

We are proud to stand with Minerals and Mining Advisory Council (MMAC) to get new legislation in place that will put more teeth in the 1872 Mining Law for the miners. To that end, MMAC has been working hard, meeting with many movers and shakers in Washington DC for a week in February and another week in March. That is very important work which when completed, will benefit all miners, mining districts, mining companies and of course, all of America.
You can read the whole story by clicking HERE.

Everyone likes a little good news, right? The tide is turning… these California miners just won a HUGE case against Sacramento County, CA. Over $100 Million awarded! That decision should give the scheming thieves a reason to think twice before they roll any more miners! Read the Sacramento Bee article HERE.

PLP has been very busy working for our membership, not only supporting the work MMAC is doing on behalf of us all, keeping the dredging cases up, paying ongoing bills, speaking and raising funds at a great Gold Show in Quartzsite Arizona a few weeks ago. We wish to thank the sponsors of that show (including Richard Trusty),and say a hearty “Thank you!” to everyone for such a warm welcome by vendors and the public alike. We continue to be busy educating and helping miners with various issues around the country.  We are working tirelessly to make PLP great again, putting the miners donations back to work that were frozen as a result of nefarious actions on the part of former (resigned), board members and others. To that end, PLP recently filed legal action against Pat Keene, Ray Kender, Barry Wetherby, Dwayne Platz, Mitchell Noble and Does 1-50. You can read the entire complaint HERE.

As you know, it takes all of us doing a little to accomplish a lot! You can do your part to help us Take It Back And Keep It by renewing your supporting PLP membership, and if you are able, make a donation above your normal membership to help us make the extra push to support the Mining District revival. The power of the mining districts is truly beginning to be realized in Congress. Let’s pull together and show the politicians we are united in our cause! You can find out more about it here: www.mmacusa.org  

We are continuing 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

 

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Copyright © 2017 Public Lands For The People, All rights reserved.

Our mailing address is:

Public Lands For The People

23501 Burbank Blvd.

Woodland Hills, CA 91367

February Newsletter

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 21st 2017, then cancelled at Judge Ochoa’s instance and moved to May 12th 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

PLEASE READ! IMPORTANT INFORMATION FROM PLP

12/20/2016

We have just released the 2016 End of Year Newsletter to our mailing list of supporters and members of PLP. There is information that everyone needs to be aware of. Please click here to read.

UPDATE ON DREDGE CASES & BYLAW VOTE RESULTS

Dear PLP Members and the Mining Community,

It has been a long time since there was any movement in the consolidated California dredging cases PLP first brought against the state in 2009. Since then other cases and other litigants (like the New ’49ers and WMA), have joined us in the fight which the court system combined into the consolidated cases. Yesterday, Nov. 14th, Judge Ochoa held a hearing to decide the next steps in the cases since the CA Supreme Court ruled against Rinehart (and all of us!) this past summer, reversing decades of law in a single very bad decision. Even though the U.S. Supreme Court is being petitioned on Brandon’s behalf by Pacific Legal Foundation, Judge Ochoa, who had previously put everything on hold until after Rinehart was decided, has moved off that position and per our attorney James Buchal “indicated that he did not see any virtue in continuing delay, suggesting that it was unlikely that the United States Supreme Court would even take the case, and announced his intention to set a trial date. This greatly discomforted the State, whose lawyers began to raise all sorts of objections…and the Judge agreed with me, ultimately setting a trial date of November 13, 2017.”

And now hearing the remaining cases separately, the CEQA hearing will be heard separately on April 21, 2017. The State has requested an opportunity to brief the impact of the California Supreme Court’s decision on the Judge’s prior decision (they want him to revise it, as he suggested he might, and this doesn’t bode well for the miners), and to address the federal supremacy issue as it relates to CEQA , etc. All briefs are due 45 days before the April hearing.

We have our work cut out for us, and we appreciate all of you who have stood with us in this fight over the many years since we filed the first lawsuit against the state of California in 2009. We keep fighting the fight in hopes that the courts will recognize that the miners have certain rights that have been stomped on and what’s more, we are not giving up and going away. It’s the right thing to do.

We will keep you updated as progress is made.

Another “thank you” is in order to our membership!

PLP’s proposal to update and amended its bylaws have been overwhelmingly approved by you. With quorum attained, as of October 16, 2016 the Corporation has placed these bylaws into effect as the new document that is fully compliant with California State law.

The Vote Breakdown:

Participation Rate: 52% of the Entire Membership
“Yes” Votes: 93%
“No” Votes: 6%
Ballots Returned Without a “Yes” or “No” Preference: 1.6%

Thank you again for participating in this very important and long overdue initiative. With your help we will continue our fight against the State of California concerning the dredge ban and supporting the mission of MMACUSA.ORG and the Mining Districts, as well as other Public Land rights issues.

For Clarification:
There are no Board Approved membership meetings at this time. This website, www.publiclandsforthepeople.org is the only website for PLP. All updates shall be posted here.

Ron Kliewer
President
Public Lands for the People

PLP 2016 GRAND RAFFLE WINNERS

The 2016 PLP Grand Raffle was held Friday, July 22nd at the GPAA Headquarters in Temecula, CA. PLP would like to thank Brandon Johnson and the GPAA for hosting the drawing via live stream, which provided a real time viewing opportunity for everyone. The GPAA’s assistance with advertising the Grand Raffle made this fundraiser a huge success. We would also like to thank all the manufacturers, businesses and individuals to donated all the fabulous prizes.

THE 2016 PLP GRAND RAFFLE WINNERS:

Gold Nugget Earrings Brenda Cruz
Aurora Manufacturing Sluice Mike Mahr
Mini Propane Furnace Jamine Buck
Ethiopian Opal Specimen David Murray
Amethyst Crystal Eugene Knuttila
Megalodon Shark Tooth Tim McMahon
Creekside Mining Rocker Box Robert Devine
Columbian Amber Delta Gold Diggers
Gold Cube Delta Golddiggers
Mad Mining Dry Concentrator James McKenzie
Damascus Knife Delta Gold Diggers
Damascus knife Bradley Smith
Fisher Gold Bug Pro Detector Harold Clapper
White’s GMT Detector Kathy Walton
½ Ounce of Gold Show Me Gold Prospectors
Makro Racer Detector Emmet Vaughn
Fisher F-19 Detector Henry & Dawn
1 Ounce of Gold Tony Lavalle
Gold Buddy Dredge Combo Leeza Robertson
Keene 151S Drywasher Show Me Gold Prospectors
Keene 173 Highbanker Bobby Schmitt
New 49ers Lifetime Membership Brent Fette
Minelab GPX 4500 Dana Haynes