Last Post 23 Jan 2015 11:29 AM by  BRAD JONES
1872 Mining Law under fire again!
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JERRY McBEE
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12 Nov 2014 08:28 PM

    I am not sure what the mindset of the upper management of GPAA is ? But I can tell you there is more efforts in the works to stop us from  playing in the dirt and its coming and coming sooner than we think!.

    What’s the next battle looming on the horizon…for us weekend recreational prospectors that we may have to face in the coming years?

    Well in Washington, D.C. July 10, 2014 - U.S. House of Representatives Natural Resources Committee Ranking Member Peter DeFazio (OR-4) and Subcommittee on Public Lands and Environmental Regulation Ranking Member Raul Grijalva today introduced a long-needed overhaul of the 142-year-old law governing mining of minerals such as gold, copper and uranium on federally-managed public lands.

    So you’re saying so what! It doesn’t affect me. Well keep reading as a part of their efforts a bill H.R.5060 - Materials Act of 1947 was submitted and forward on to a sub-committee for action, for those who want to learn just a little bit more here’s the link that will get you the bill itself as submitted. And Yes! I know trying to read some of these bills and there narratives at times may have the same effect as a sleeping pill or a laxative. Here’s the link: https://www.congress.gov/bill/113th-congress/house-bill/5060 and you’re looking for: H.R.5060 - Materials Act of 1947

    OK, I know you’re bored already, so here it is in a nut shell. There has been a long term effort for many years to revamp the “1872 Mining Law” which was signed into law by President Ulysses Grant. Originally intended to spur the nation's westward expansion, the 19th century statute still governs the extraction of hard rock minerals on over 350 million acres of public lands in the western United States to this day. This new effort would require as a results of “The Hard rock Mining and Reclamation Act”…would require miners and prospectors to start paying a fee or a royalty’s fees for the materials (Gold) we dig and recover from the earth. The currently the bill as written, if passed will first start forcing the larger mining operation to pay the royalty fees first then it will slowly work its way down to our level.

    Stop and think for a minute this “1872 Mining Law” is the one that give you and me the rights to enter public land and to prospect for whatever materials we think might be worth something or not.

    Remember this is the law that gives us those rights as being a citizen of the United States to go out and play in the dirt. And some are working hard at taking those rights away from us. Yes, there is a lot more to it. Yes, we do need to learn much more so we can to protect our hobby, passion or a way of life as we know it. First learn the issues and then speak up or we lose our rights.

     

     

    Tim Leibel
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    Posts:608



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    13 Nov 2014 06:58 AM
    First thing to my mind was to invite my representatives and Senators (Thank God I no longer live in Califorinia and hve to deal with Boxer, Feinstein, Farr and Pelosi) out to spend some time at a claim and see just what it is we do. So my question is has the GPAA/LDMA ever just sent an invitation to congressional members to come out to a claim and see what it is we do out there?? And if not why? Could be a legal reason or something else I am not seeing here.
    Tim Leibel
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    13 Nov 2014 07:05 AM
    Jerry,

    I hope you do not mind: but I posted your thread on my clubs forum also and would like to encourage everyone else to do the same as a lot of members do not use these forums. Though I am running a campaign with every GPAA and LDMA member I know to start doing so.
    DAVID BUEHN
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    13 Nov 2014 08:24 AM

    From David Buehn

    There is a new front, and its BIG!!. There are 5 agencies that are combining forces, and they want to cut off access to mining in 22.5 million acres of the Calif. desert (National Parks, Calif. Energy Commission, US Fish & Wild Life, BLM, Calif. Dept. of Fish & Game). Its called the Desert Renewable Energy Conservation Plan (DRECP). They've had a few public comment meetings on the proposed draft (9000 pages long)....and I attended and spoke at the meeting, last night in Palm Desert. Yes, I was the only miner there. But there is a Nov. 19th meeting in Joshua Tree....that our Pres., I and other members will attend. The public comment period ends Jan. 9, 2015. There was lots of speakers from the conservation groups (Sierra Club was in force).....and they want a longer comment period, as they don't think that the draft goes far enough in protecting endangered species....etc.
    If you would like more information.....let me know if I can help.

    Here are some links:
    http://www.drecp.org/docu...RMA_Part1_NLCS_1.pdf

    http://drecp.org/about/contact.html#comments

    Here is the email I sent them and text of my speech last night.
    Re: Passage of the DRECP NEPA/CEQA draft.

    Chris Beale,
    DRECP Acting Executive Director
    Email: cbeale@resourceslawgroup.com
    Phone: 916-442-4880



    Scott Flint, DRECP Program Manager
    California Energy Commission
    Email: scott.flint@energy.ca.gov
    Phone: 916-651-3774

    I would like to comment on the passage of any parts of the DRECP NEPA/CEQA draft.

    My name is David Buehn, a resident of Palm Desert, California. I'm 68 years old, and have been coming out to the Southern California deserts for most of my life. I lived in the Long Beach, Huntington Beach area until 12 years ago. My Grandparents homesteaded 10 acres in Rancho Mirage in 1951. And I have seen the wonderful development of this area. Now that I live in Palm Desert....I've come to learn and participate in prospecting and mining for gold in Riverside and San Bernardino Counties. It has become a major part of my life....and for many others, as well. Over the last few years....I've seen more and more of our "outdoor" areas restricted from usage, and I'm not happy about that.

    The Federal Mining Law of 1872 guarantees citizens the right to claim and pursue mining minerals on Federal lands. And when Congress passed RS 2477 in 1866...and replaced it with the Federal Land Policy of 1976.....it specifically and explicitly reaffirmed all RS 2477 grant's previously made. This protects all highways in use prior to 1976 (yes dirt roads too, as most were, in 1866). So, RS 2477 confirms that any road leading to a potential mine or mining area is "open" for all citizens to use at any time.

    As a Federal mining claim owner....I WOULD THEREFORE, LIKE TO VOTE AGAINST ANY CHANGE TO THE CURRENT "LAND USE" OF THE DESERT & MOUNTAIN AREAS THAT ARE UNDER CONSIDERATION FOR FURTHER RESTRICTIONS.

    Sincerely,

    David L. Buehn


    Here are my notes from the meeting.
    Desert Renewable Energy Conservation Plan meeting 11/7/14 in Palm Desert, Ca., UC Riverside campus auditorium

    The meeting was hosted/MC by Chris Beale, DRECP Executive Director. He spelled out the agenda for the 2 ½ hour meeting. There would be 1 hour of an explanation of the 9000 page document that took 5 years to complete. Forty five minutes to question the individual agencies in an open-house setting, and 45 minutes for the public to comment (3 minutes each). The DRECP draft is the culmination of 5 agencies (National Parks, Calif. Energy Commission, US Fish & Wild Life, Bureau of Land Management, Calif. Dept. of Fish & Game), and their desires to use a broad-based ecosystem plan for conservation of 10 million acres in the 22.5 million acres in 7 counties of the California desert areas. I also found out that the Department of Defense also had some input, but was not represented this evening. One of the goals is to preserve sensitive species (37) and conserve resources, and accommodate renewable energy companies. Each agency submitted three alternative plans for their area of responsibility. Of course some of them overlap. There are 23 subject resource areas……one of them being “minerals”.

    During the open house time…..I spent my time with Vicki L. Campbell, BLM Program Manager for the DREC Plan, she is headquartered in Sacramento (vlcampbell@blm.gov) 916 978 4320. I identified myself as representing miner’s/prospectors of The First Class Miners of Yucca Valley, Ca. I made it clear that I was not a hobbyist, and that I owned my own claim, in hopes of making a profit. She said that no one from the mining industry had ever approached them. I briefly mentioned the Mining Law of 1872 and the Federal Land Policy and Management Act of 1976, that re-affirmed the law RS 2477 of 1866….that confirmed the continued use of pre-1976 roads. I used my claim as an example and was concerned about access to it. She said that BLM has a sincere respect for both laws…..and nothing will change regarding access. But, she said that there would possibly be restriction on changes in “increasing the size of a claim” or “adding to the roads on the claim”. But more alarming was the fact that if we are in one of the other agencies areas of responsibility (as well as the BLM)….that agency may have further requirements and restrictions that are in addition to BLM’s current claim requirements (that are not changing). I got the feeling that trying to get a new claim is going to be difficult….as now you are going to have to deal with 2-4 more agencies, if the draft expands their areas. If anyone has any desire to own a claim….to do it NOW, as the hoops that a claimant may have to go through are definitely going to increase. She offered to answer any questions that I would send to her, and seemed open to trying to be clear about her area of responsibility. There was another BLM agent Russell there as well, and seemed quite helpful, in answering my questions. I asked if the draft specifically spells out the right of miner’s to access their claims. She said that she would send me the specific part of the draft that covered that (Volume 2 &3, covering valid and existing rights. Minerals are in volume III-15, and IV-15). Also she mentioned “Disturbance Caps” for mining. And that right now its “.1% to 1%.

    I was the 2nd speaker and read the letter that was emailed to them earlier in the day. The Sierra Club was there in-force and other conservation organizations (I would say 90% of the speakers). They all wanted a longer public review period….as they don’t think they can absorb all 9000 pages before the cut-off date of Jan. 9, 2015.

    They handed out about 30+ pages of information….that tried to simply explain the draft. The 9000 pages cannot be simplified to 30 pages, and the 2 ½ hours spent with them. One thing that was stated “this is not going to create a new government agency”. Instead we’ll be dealing with 2-5 agencies. The BLM in Washington DC will be the ultimate arbitrator in any disagreement. One of the Sierra Club reps said that the maps are not very specific in the boundaries, and wants more time to evaluate the 9000 pages. Another Sierra Club speaker said that she wanted to know what the final “Draft Agency Implementing Agreement” ends up, as the current draft….can get changed after the fact.




    Here is a note our Pres. Steve, sent to our members.
    The Draft Desert Renewable Energy Conservation Plan (DRECP) is another assault on our mining club, claims, and way of life.


    There is a public meeting scheduled for the 19th of November, Wednesday, at the Joshua Tree Community Center, 6171 Sunburst St, Joshua Tree, CA 92252, 5:30pm - 8pm


    This link takes you to the calendar page that say the same thing as above but includes the agenda. http://drecp.org/calendar...m=detail&eID=584


    This link takes you to the draft document that will be discussed. It's quite large but it's all there: http://www.drecp.org/draftdrecp/


    This link is the explanation of their plan:

    http://www.drecp.org/docu...RMA_Part1_NLCS_1.pdf


    Attached is an extraction that Greg identified that would affect our claims directly.


    We need to read and understand these documents as best we can in the short amount of time that we have. We need to put this date on our calendars and attend this meeting. Wear your club colors and represent. There will be opportunity to speak so please do so if you feel inclined. If nothing else we need to be there in great numbers and let the world know that this is unacceptable and that they will be in for a fight. We have nearly 160 members.


    We ALL need to be there!!!!!!!!!


    If we don't and we lose, there will be no more purpose for First Class Miners.


    President, First Class Miners, Inc.
    president@firstclassminers.org
    760-989-1712
    JOHN DORVAL
    Greenhorn
    Greenhorn
    Posts:



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    14 Nov 2014 01:15 PM
    Looking at the map this is a huge part of southern California. I am all for wind and solar development, but this much land is unreasonable. I don't think that they need to turn that much land into scenic wilderness area that is not necessary for a wind or solar farm. This property belongs to we the people of the United States of America and we have rights to use this land, if this passes then it is useless to use but yet we will still be paying for it with even more tax dollars. This is BS, we need to stop it. How can people help from other States?
    DAVID BUEHN
    Greenhorn
    Greenhorn
    Posts:



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    14 Nov 2014 02:01 PM
    John
    We must back the GPAA to the hilt..........and go to the meetings, if you are able. And go to the website, and contact all the people that are the heads of this new law.
    David
    PATRICIA BARR
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    20 Jan 2015 07:28 PM

    How is this situation progressing?

    BRAD JONES
    Greenhorn
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    23 Jan 2015 11:29 AM
    Hi, I am the Managing Editor/Communications Director for GPAA. The best advice I can offer is to write Congress, make public comments to any proposed changes. Please start pressuring your elected officials to oppose ANY changes to the Mining Law of 1872. Help educate your countrymen to stop electing people who knuckle under to radical environmental groups or who have no regard for freedom and liberty of the individual. As editor, I face a daily onslaught of emails, forum posts, phone calls from members and I am in constant contact with mining rights groups. My phone number is 1-800-551-9707, Ext. 164. Please feel free to call me about any of these issues. To help me out, please have facts and contact information readily available. The best means of communication is email. Again, my email is content@goldprospectors.org

    WHAT YOU CAN DO

    Call your elected officials. If you don’t know who they are, look online. They are easy to find and so are their email addresses, phone and fax numbers and mailing addresses. Tell them how unhappy you are with the green lobby and government agency assault on your prospecting pastime or livelihood. Isn’t it time you spent and hour or two writing your senators and representatives in Congress? After all, they create the laws and oversee the federal agencies. If you really want your voice to be heard, stay informed,and contact your elected representatives at www.senate.gov and www house.gov.

    Stay informed. Read the Pick & Shovel Gazette and share it with your friends and neighbors. Check the website for up-to-date action alerts and breaking news. Faithfully renew your GPAA membership, which includes your subscriptions to the Pick & Shovel Gazette, your best source of small-scale mining news, and Gold Prospectors magazine to get a new generation of people involved in prospecting.

    Join our facebook community at www.facebook.com/GoldProspectors and our online forums: www.goldprospectors.org. Get involved. Participate in discussions. Share information and photos on YouTube, Facebook and Twitter.

    Set an example. Be a responsible miner. Fill in your holes, pick up trash left by others and pack out what you pack in. Be mindful of the wildlife and respectful of Mother Nature. Teach your children and grandchildren the same.

    Contact your local news media and tell them how miners are getting the shaft. Write a letter to the editor or respond respectfully to comments posted on various newspaper and news media forums. Be willing to go on the record or have the news reporter email Managing Editor/Communications Director Brad Jones at content@goldprospectors.org. Most often journalists will want to talk to a local source or local prospector. Help the news reporter by providing research and facts. Demand fair and balanced coverage and stay up the issues facing the small-scale mining community. Be courteous and dignified by do not be afraid to express your opinion.

    Wear the GPAA “badge of honor.” Become a lifetime member and show others your commtiment to land rights, the small-scale mining community and the GPAA family.

    Support Public Lands for the People and other mining rights groups: www.plp1.org

    Contact local grassroots groups to see where they stand and if they are willing to fight for your rights to prospect and mine and stop the endless land grabs Gold Prospectors magazine to get a new generation of people involved in prospecting, metal detecting and gem and treasure hunting.
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