Hello Friends!
Public Lands for the People (PLP) warned that the Tucker Clements case proves the “…success of PLP’s guide cards, and it is not a reason to cut corners and just suction dredge mine and not do the reclamation. Mining alone without cleaning the waterway is a good way to have the state pass another law kicking us out of the water. So do your part. Do it right and keep reclamation dredging RESPONSIBLY!.“
Apparently, a relatively new PLP member who is also a member of the New 49ers was misusing our sample partnership agreement by altering it for mining purposes (directly in conflict with the PLP issued CA guide cards and the sample partnership agreement guidelines) and he shared this with Dave McCracken (Mack), of the New 49ers mining club. Dave Mack amplified this misuse to his New 49er members through an online newsletter by displaying a bootleg version of PLP’s document, encouraging people to copy it, and come dredge mine on the New 49er claims.
Keep in mind, PLP had a disclaimer on our sample partnership agreement (not to be confused with the PLP membership), that says “Disclaimer: Please be advised that this sample is not intended for use for exclusively prospecting and mining purposes. It is also not intended for exclusive use by prospecting and mining clubs and associations. Individuals are encouraged to consult with a competent attorney.” The language and disclaimer on the sample partnership agreement on our CA dredge guide cards was there for a very good reason. The “reclamation” term on our sample reclamation agreement means to remove that which was previously lost in the context of an old and often inefficient mining practice. The reclamation term is also often used to clean up and remove toxins from the environment. PLP’s use of the term Suction Dredging for Reclamation purposes was not used for purposes of 5653.8 exemption of the CA Fish & Game code as Dave Mack believes, it is for compliance with the Clean Water Act (CWA) policies, actions and exemptions. He should know this because his attorney was directly involved in the litigation in Oregon that found that suction dredge MINING requires a 402-discharge permit from DEQ in OR (or the Water Quality Control Board in CA).
Thus far, Dave Mack of the New 49ers has refused to retract the bootleg sample partnership agreement by printing a retraction in a supplemental New 49er newsletter. Dave has modified this bootleg form twice at the time of this writing without consultation with his attorney. We know this because we asked his attorney about his involvement. Dave Mack misused the PLP sample partnership agreement where it was never intended by PLP or CA State legislative intent.
PLP’s President, through numerous warnings via email has told Dave Mack not to do this because it will get miners in deep trouble and will hurt PLP’s ongoing 5-year successful effort to get them back in the water legally, while at the same time PLP is seeking a more permanent federal legislative solution. PLP has even offered Dave Mack an administrative solution using our contacts in the Trump administration to force the hand of the State at a club level which could be a wonderful thing — It would not require mass letter writing campaigns by the small mining clubs. Quite frankly, Dave Mack is playing with fire, and he never should have rolled this out without talking to PLP and a competent attorney first. This misuse of the PLP partnership agreement for mining purposes could very well motivate the state to repeal the 5653.8 exemption and put another nail in the dredge miner’s coffin. Dave Mack is also knowingly, or unknowingly, exposing his membership to the $51,000 per day fines the Clean Water Act has placed on mining operators. To make matters worse, the CA State Water Board are not the only code enforcers. The Clean Water Act is also enforced by the citizen suit provision whereby any private environmental law firm (private attorney general) can act to sue the New 49ers, Dave Mack, or his members personally. If you don’t believe PLP, just ask Shannon Poe of AMRA. See ICL v. Poe (citation 86 F.4th 1243). AMRA and AMRA’s membership are paying Shannon Poe’s $150,000 court ordered fine when the Idaho Conservation League (ICL) sued him in Idaho federal court a few years ago for protesting the required discharge permits for recreational dredge mining operators. Shannon failed to heed PLP’s warnings, went ahead with his protest, and it blew up in his face (he failed to properly argue the PLP no addition argument), and set a horrible precedent against dredge mining. Poe’s case went to the 9th circuit and set the 2nd precedent after the Oregon DEQ case that suction dredging for mining purposes requires an NPDES wastewater discharge permit. Failure to do so may result in the MINING dredge operators facing $51,000 daily fines. Recreational dredge mining caselaw (court decisions in the 9th circuit), decisions found that mining dredge operators are required to obtain the 402 NPDES discharge permit, while reclamation and restoration dredging can be exempt from the 402 permits when certain criteria are met – and PLP’s researchers know these criteria. So, if you do not wish to be sued by environmentalist lawyers looking for deep pockets – don’t follow Dave Mack’s version of a partnership agreement and don’t be an easy target like Shannon Poe was to ICL.
Background
There are some on social media that say it’s not fair to have to join PLP (for a measly $75 dollars to support the cause and pay for our legal research work) to learn how to suction dredge without the need for a State permit and the NPDES discharge permit and they claim reclamation is not part of the U.S. Mining Law.
PLP has expended and continues to expend money on research into the Clean Water Act and other laws negatively impacting the miner’s ability to exercise his/her rights to own minerals upon public and private lands. The state dredging laws, and its policies are rather complex and convoluted. Because of the complexity of the Clean Water Act and the State laws, some people that do not do a deep dive and thoroughly understand them eventually get burned. PLP is trying to keep the dredging community from getting needlessly burned if they follow our carefully crafted guidance so they may avoid severe financial harm. This expense has to be passed on to the users of our non-profit. PLP’s board is not made up of the likes of Bill Gates and his wealthy friends and we have not received grants so we can just give away our research results. So, for the cost of one nice dine out meal for the average couple, that is what PLP charges for a one year’s membership – it is cheap considering the cutting-edge research work that has been produced and the legal wins in court that are more successful than all other mining associations combined. Unlike all the others, PLP has proven not once but twice in court cases that we can win water pollution cases such as in Godfrey and Osterbrink and it’s not by accident – it was by hard research and knowing the court rules of evidence. We can only help dredgers if they follow our directions and do not alter our document templates. Thank you for that respect.
Accomplishments | Public Lands For The People
Some people think they are all knowing about the Mining law, and that PLP is wrong to promote reclamation; thinking reclamation is not part of the mining law. We say hogwash! The 1970 U.S. Mineral Policy Act (30 U.S.C. section 21(a) specifically states it is the U.S. mineral policy to promote mining and reclamation industries (see quote below) and because reclamation is considered an improvement of labor to the land and the unpatented mining claim, it qualifies as assessment work under 30 U.S.C section 28 of the 1872 Mining Law. “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…”
Legislative Push update in D.C.
PLP legal researchers, Jann Higdem and Clark Pearson are still working with Congressman Fulcher’s legislative staff, Senator Risch & Crapo’s legislative staff and they are expanding to two new senators in another western state, while seeking more potential sponsors for our small miner relief bill and critical minerals push. Unfortunately, AEMA is not on board with us and is working in another direction on Forest Service mineral regulatory changes – not at the Congressional level like PLP is doing to provide a more permanent solution that codifies the Trump administration agenda and the Trump minerals/mining related executive orders to streamline and cut over-regulation. Every trip to the White House, Pearson has given his progress report to President Trump’s resource / energy advisors on PLP’s proposed legislation consistent with the President’s wishes for the domestic mining industry. Pearson’s last update along with Higdem was just this last April 2025.
PLP has raised over $10,000 towards our $10,000 goal to fund our trips this year to D.C., PLP greatly appreciates your support! We plan to make a second trip soon to help move it along, please dig deep to help us cross the finish line for the mining community!
2025 FALLFEST
PLP has moved the 2025 Fallfest to a new location at LDMA in Duisenberg, California and will be held Oct. 9-12th, 2025. Attendees will enjoy access to additional nearby claims that will be available to prospect on! Sign-ups start in a few weeks on www.publiclandsforthepeople.org
If you like the work PLP does, please help PLP help you, and join or renew today to know how to effectively and professionally counter the agencies while making Prospecting, Mining and Reclamation Great Again!
Supporting PLP’s Grand Raffle also helps us continue to fight for your rights. A book of 12 tickets is STILL only $10! We have a lot of great high value prizes, including amazing quartz-gold specimens! You can’t win if you don’t enter! Tickets are available to purchase by phone for the 2025 Grand Raffle Drawing. The growing list of the prizes for the 2025 Grand Raffle is published on our PLP Facebook site. You can 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 have mailed to you. The drawing date and location is October 11th at the 2025 Duisenberg, California PLP Fallfest event.
Your PLP Board of Directors
The original. No compromise. Standing 35 years strong for Multiple Use on Public Land “RIGHTS”!
