September 2026 Newsletter

September 2026

Hello Friends!

Our Annual Fallfest is only a few weeks away!  Look for details in this newsletter.

Federal:
CRITICAL MINERALS DOMINANCE ACT HEARD IN SENATE COMMITTEE — American Exploration & Mining Association.
On July 15, the Senate Committee on Energy and Natural Resources'(ENR) Subcommittee on Public Lands, Forests and Mining held a hearing to receive testimony on a long list of bills.  H.R. 4090, Rep. Pete Stauber’s Critical Mineral Dominance Act, was one piece of legislation included on the agenda.

H.R. 4090 would codify certain provisions of President Trump’s Executive Orders relating to domestic hardrock mining.  AEMA was privileged to work with Chairman of the House Natural Resources Subcommittee on Energy and Mineral Resources, Pete Stauber’s staff to develop and refine H.R. 4090, and we are encouraged to see it continue through the legislative process in the Senate.  AEMA Executive Director Mark Compton provided ENR committee staff with a statement for the record in support of the bill.

TRUMP ORDER PRIORITIZES DOMESTIC MINERAL SOURCING — American Exploration & Mining Association.
July 20, President Trump signed an executive order – Securing America’s Defense Supply Chains and Ensuring Domestic Acquisition of Critical Materials – to ensure a reliable, independent critical mineral supply chain for military equipment.  The order requires the U.S. to source critical minerals used in key defense systems from domestic or allied nation suppliers to avoid potential economic subversion by China.

PRESIDENT TRUMP’S EXECUTIVE ORDERS — American Exploration & Mining Association.
Executive Order 14192, Unleashing Prosperity Through Deregulation, to alleviate unnecessary regulatory burdens,
Executive Order 14225, Immediate Expansion of American Timber Production,
Executive Order 14154, Unleashing American Energy,
Executive Order 14153, Unleashing Alaska’s Extraordinary Resource Potential.

USDA ACTS TO REMOVE ROADLESS RULE RESTRICTIONS ON ALL NATIONAL FORESTS (Washington, D.C., Aug. 18, 2026) – Today, Secretary of Agriculture Brooke L. Rollins announced the U.S. Forest Service has filed a proposed rule to rescind in its entirety the national 2001 Roadless Area Conversation Rule, a one-size-fits-all restriction that has frustrated land managers and served as a barrier to wildfire risk reduction work across large swaths of America’s national forest.  “Our forests can’t afford another decade of inaction.  Across the country, we’ve watched preventable conditions – overgrown stands, insect outbreaks and disease – turn healthy landscapes into tinderboxes,” said Agriculture Secretary Brooke Rollins.  “For too long, outdated restrictions have kept tens of millions of forested acres off-limits to the very treatments that improve forest health and reduce wildfire risk to our communities.  Today, we filed a proposal to restore authority to local forest managers who know the land best, removing the barriers that have kept them from doing the work the land demands.  It’s time to turn the page on the failed roadless rule and return our forests to health and productivity.”

For 25 years, the 2001 Roadless Rule restricted road construction and limited the Forest Service’s ability to carry out critical active management work within inventoried roadless areas.  Today, that includes more than 44 million acres of the 193-million-acre National Forest System.  The rescission is intended to prioritize local agency decision-making over regulatory rules that are the same across the country, regardless of specific land management issues and needs.  “This proposed rule is commonsense policy sought since the first Trump administration.  In the years since, the need for it has only become more apparent,” said Deputy Secretary Stephen A. Vaden.  “It is a credit to President Trump that we can begin to put into place a rule that will allow us to properly manage our national forests, because the first step to managing forests is to have access to them.”

The agency will seek public comment on the proposal and on a draft of the environmental impact statement filed today in the Federal Register.  The rescission removes national designation of roadless areas but does not mandate timber cutting or road construction. The action removes regulatory burden and sends decisions about roadless areas to the local national forest managers.  “Active forest management is not an option.  It’s essential,” said Forest Service Chief Tom Schultz.  “More than 40% of inventoried roadless areas, primarily in the West, have high or very high wildfire hazard potential.  And only 5% of those areas have received hazardous fuels reduction treatments since 2014.  At the same time, more than a quarter of these lands — 11.3 million acres— are already near existing roads.  Acting now, thoughtfully and decisively, is the best way to restore the balance, reduce wildfire risk, and secure the long-term health of our forests and neighboring communities.”

Send your comments in favor of rescinding the Roadless Rule to:
https://www.regulations.gov/docket/FS-2025-0001

California:
Ongoing Legal Battles by Dave McCracken, General Manager of the New 49ers

As many of you will be aware, we have been going head-to-head against California State over-regulation of small-scale gold mining for more than ten years.  These battles have taken place in Siskiyou County, Plumas, Alameda and San Bernardino Superior Courts, the Third and Forth Appellate Courts and even the Supreme Court of California.

Last year, we made a major breakthrough when the Third Appellate Court Ruled unanimously https://www.goldgold.com/wp-content/uploads/2014/09/opinion-9-23-14.pdf, that the State’s scheme of requiring gold miners to obtain a State permit, and then refusing to make such permits available, is an non-enforceable scheme which is preempted by federal law.  This Ruling is now being reviewed by the California Supreme Court https://goldgold.com/rinehart-decision-california-supreme-court.html.

We were given an even larger win by the San Bernardino Court this past summer when the Court issued a lengthy Ruling https://www.goldgold.com/wp-content/uploads/2015/01/113806-1-Ruling.pdf that the State does not have the authority to first pass a law that requires small-scale miners to obtain a State permit, and then pass a second law that forbids the issuance of such permits.

When we motioned San Bernardino Court to Order State agencies to begin issuing permits again; or in the alternative, stop harassing small-scale miners operating on the public lands without a permit, the judge refused to do so https://www.goldgold.com/wpcontent/uploads/2015/07/06232015-SUCTION-DREDGE.pdf.  

We are actively appealing this to the Forth Appellate Court https://goldgold.com/motion-for-summary-reversal.html.  Imagine a California court Ruling that State actions are unconstitutional, and then basically issuing a Ruling that continues to allow the unconstitutional activity.

Since we were not being provided meaningful relief from San Bernardino, early this past season, several brave individuals began suction dredging along the Klamath River in hopes of getting arrested by State law enforcement officials.  If the State arrest you, you have a right to be brought in front of an impartial judge within 48 hours, Sundays & holidays excluded.

The result was that several of our members were arrested.  Mining gear was seized from these guys and from others who were not arrested.  Even though Dyton Gilliland was arrested and held in jail, rather than being brought in front of a judge according to the law, he was eventually kicked out of jail with no further explanation.  Individual stories can be found in the Declarations below, and in the briefing documents.

Now the State has filed criminal charges against two of our small-scale miners in Siskiyou County.  The first hearing is scheduled for November 5 at 8:30 AM in the Siskiyou County courthouse in Yreka, California.  We hope you will pass the word around so we can flood the courthouse with Americans who want to see the insanity put to an end.

We see this as a hugely important case.  To a large extent, this case is very similar to the Rinehart case several years ago which won our industry a unanimous win in the Third Appellate court – the very same place this case will likely end up!  The difference here is that we have several additional important wins which have supported our side since Rinehart was decided.

The really important matter at stake here is whether or not State officials, who swear an oath to support and defend the constitution in order to become State officials in the first place, are going to be allowed by the judicial system to continue to enforce unconstitutional laws upon the people.  This case has ramifications far beyond small-scale gold miners.  It has more to do with whether or not we live in a totalitarian State where the people no longer have a civil remedy against the unlawful actions of the ruling class.

These ongoing legal challenges have raised another important question:  What is the use of devoting 10 years in the court system, and over a million dollar in legal fees, if State authorities are going to completely ignore the outcome if it does not support their side?

🔶 State’s Complaint – https://www.goldgold.com/wp-content/uploads/2015/02/FAX-10-29-2015.pdf

🔶 Defendant’s Motion to Dismiss – https://www.goldgold.com/wp-content/uploads/2015/01/Notice-of-Motion-Motion-to-Dismiss-and-Suppress-Evidence-10-21-15.pdf

🔶 Defendant’s Memorandum of Points and Authorities – https://www.goldgold.com/wp-content/uploads/2015/01/Memorandum-Support-Motion-Dismiss-10-21-15.pdf

🔶 Declaration from Dyton Gilliland – https://www.goldgold.com/wp-content/uploads/2015/01/Dec-Gilliland-10-21-15.pdf

🔶 Declaration from Derick Eimer – https://www.goldgold.com/wp-content/uploads/2015/01/Dec-Eimer-10-20-15-Final.pdf

🔶 Declaration from Dave McCracken – https://www.goldgold.com/wp-content/uploads/2015/01/Dec-McCracken-10-21-15.pdf

🔶 State’s Answer on Gilliland – https://www.goldgold.com/wp-content/uploads/2015/02/Peoples-Opp-Motion-Suppress-Dismiss-Gilliland-10-29-15.pdf

🔶 Reply by Dyton Gilliland – https://www.goldgold.com/wp-content/uploads/2015/02/Reply-Gilliland-11-3-15.pdf

🔶 State’s Answer on Eimer – https://www.goldgold.com/wp-content/uploads/2015/02/Peoples-Opp-Motion-Suppress-Dismiss-Eimer-10-29-15.pdf

🔶 Reply by Derick Eimer – https://www.goldgold.com/wp-content/uploads/2015/02/Reply-Eimer-11-3-15.pdf

Oregon
UPDATE ON DEQ 600 PERMIT-Jan Alexander, Eastern Oregon Mining Association
EOMA member Johnny West contacted David Feldman of DEQ and reiterated EOMA’s concerns about the draft permit.  DEQ replied that they were working on a permit that miners could view and comment on.  They had no date for the release of that draft permit.  DEQ did express an interest in making a site visit to a small scale mining operation.  If any miners would agree to facilitate DEQ personnel, please let me know.

We are still looking for content from other states.  Feel free to reach out if you have something important to share, especially if it involves mining or land rights!

CAMPFIRE WOOD NEEDED!  Our supply for the upcoming Fall Fest has run out.  That thoughtful and considerate donor will not be attending.  Please consider bringing some so we can have campfires Thursday, Friday, and Saturday nights!

Our annual Fall Fest is scheduled for:
Thursday, October 8th through Sunday, October 11th
at the LDMA Duisenburg Camp in Southern California, off Highway 395.  
This is a joint venture with the Antelope Valley Gold Prospectors, a GPAA Chapter.

The cost is still $75, which includes a free PLP membership, camping, common dig pile (personal piles can be purchased for $50), and Saturday night dinner (must bring a potluck item).    Antelope Valley will provide breakfast and lunch on Saturday for $10 each.  There will also be a Spaghetti Feast on Friday night for $10.Classes will include Metal Detecting (Beginning & Advanced), the Importance of Classification, and Fine Gold Recovery, taught by Mr. Gold Cube himself, Mike Pung.  A tour of the Owl Café and Prospecting Store, plus the Rand Mining District, is planned for Friday morning.  The Metal Detecting Contest will be held on Saturday afternoon.

There will be daily Panning contests.  Every night provides fellowship by the campfire.  Miners Church will be Sunday morning.  Antelope Valley’s Raffle and Metal Detecting hunt will also be on Sunday.  PLP’s Grand Raffle will be Saturday night after dinner. We hope you can make it!

Watch the preview video here: 
https://youtu.be/yDyYOLyiqNs?is=qCZFBsoq0uDD71cp

ONLY THREE WEEKS LEFT TO PURCHASE TICKETS!

Thank you for standing with PLP and supporting the protection of our public lands.
Your support strengthens our mission – Thank you for being part of PLP

Posted in News.