Tuesday, April 14, 2015

UPDATE on BREAKING NEWS: OREGON GOLD MINING STAND OFF WITH BLM….

UPDATE on BREAKING NEWS: OREGON GOLD MINING STAND OFF WITH BLM….
NEXT BUNDY RANCH
BLM issued a cease and desist order without a court order and without 'Coordination Authorization'....with local authorities. Federal officials acting lawlessly. Possible federal land grab to seize gold rich property on behalf of Chinese government.
AGENDA 21 RADIO
by PAUL PRESTON
First Published April 11, 2015
1st Updated April 12, 2015
UPDATED 3:40 PM PST APRIL 13, 2015

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Below is a partial letter from Kirby Jackson the Recorder for the Galice Mining District. In the letter which is addressed to a number of individuals and is directed at Mr. J. Perez, the BLM’s State Director there is a great deal of information setting the case against the BLM and their heavy handed tactics. As we have mentioned there appears to be no Coordination Authorization on the part of the BLM which is mandated by federal law before such actions can be taken against citizens and their property. The letter was ccd to numerous state and federal officials. A partial list appears below the letter. Parts of this letter have been left out.
On 4/12/2015 11:59 PM, Kerby Jackson wrote:
While I will not go into the details of this case, what I will say is that of all the local mining districts (three), Galice has actually attempted to have been the “most friendly” with BLM, by actively trying to encourage certain people inside the Medford District to actually take advantage of opportunities
to come to our meetings to put forward their viewpoints and positions.

As well, though we do not “toe the line” of the two agencies, our “official view” of the surface management authority of the agencies in the United States Code is actually remarkably closer to the view of BLM and USFS than it is to a lot of other miners. This probably has much to do with the fact that we have devoted considerable resources to obtaining actual textbooks on modern Mining Law and have studied that material in great detail. While we have questioned the legality of a lot of those regulations, we acknowledge that they are reality until they can be proven to be unlawful and that the average miner is better off to try to work with the agencies if they want to get something done in relative peace.
To date, while there have been some friendly one on one conversations between ourselves and a few BLM employees, Medford has refused to attend meetings for the purpose of engaging in discussions or putting on presentations. This same institutional arrogance is the root cause of the brewing situation in Galice in that disagreement does not result in rational conversation with BLM, but instead results in BLM pulling their club out and threatening to bludgeon you with it, while in the meantime, the entire agency promptly cuts off communication and refuses to answer legal notices and demands for records which they are obligated to produce.
In addition to violating their very guiding light, the 1955 Surface Resources Act by unlawfully attempting to steal surface rights from a Pre-55 claim, BLM (not only Medford, but also the state office) have also actively worked to supress public mining records, have engaged in intimidation and harassment, have blatently violated the statutory requirements of the Freedom of Information Act and more that I will not go into. In the meantime, BLM is also ignoring Josephine County’s request to co-ordinate, in violation of federal law. Ultimately, BLM are really excelling at breeding hostility in this county and elsewhere.
This brewing hostility is so great that one would think that it is either intentional or simply that BLM, in their arrogance, have no interest in getting along with the locals.Since we have Mr. Perez, BLM’s State Director, as a recipient of this e-mail, let me make the following items crystal clear: Mr. Perez has the power for his agency to keep the peace in this county and to protect his agency’s future.
The miners involved in this are still receptive to having a serious sit-down with BLM for the purpose of BOTH sides to put their cards openly on the table and to discuss that issue in a reasonable matter. As part of that, we would also want Josephine County Legal Counsel Wally Hicks to also be present and for BLM
to also hash out the county co-ordination issue so that it is be solved at the same time. That offer is probably in the best interest of everyone involved toward a peaceful resolution and the miners in this case have been asking your employees for three months to produce evidence of your surface authority via a
legal document signed by an owner o record that adheres to the 1955 Act, which I think you and I both know, your agency does not have in its possession, nor has ever had.

Alternatively, you can simply proceed down the legal path with both the miners and the county and BLM can take its lumps in court. The county can do to BLM what it decides to legally and we will do what we decide to do you legally. While I realize that as a rule, BLM does not take the mining community very seriously because we are often guilty of being “a lot of bark, with no bite”, and in fact, many miners are not the best read or best educated people and are often easily influenced by people telling them what they want to hear, I want you to understand that this time you are dealing with some miners that are unlike any your agency has ever dealt with. To be perfectly frank, we are actually looking forward to seeing BLM in court simply because you have given us a once-in-a-generation opportunity to actually change the course of mining law history.
That being said, I also want it understood that if your employees pull any of their favorite shenanigans like attempting to burn mining incident buildings, stealing equipment or whisking a miner off to some other county at 2 AM based on administrative bullshit without due process, such as your agency is so
historically fond of doing and has done hundreds of times in the past, you are going to have a very serious problem on your hands. That sort of activity will not be tolerated any longer, Mr. Perez.
I also want it perfectly understood that if you start to “play Cowboy” and any of your employees injure, let alone kills any other person in this county, that it is on your head and what will be, will be.

Today is the 1st anniversary of the Bundy Ranch Standoff. April 19th will mark the 250th anniversary of the Shot Heard Round The World and the Battles of Lexington and Concord. None of that is lost on us.
Mr. Perez, I encourage you to do the right thing in this matter and to come to the discussion table with all involved and insure that the records your agency is obligated to provide under federal law are produced or to simply allow this situation to go through the court process opposed to allowing your employees to create yet another national incident.
Regards,
Kerby Jackson
Recorder – Galice Mining District

“Modoc County Record” , “Dave
Mack” , “Mining Alliance”

, “Kerby Jackson”
, “rcaruthers@fs.fed.us” ,
“jperez@blm.gov” , “Rep.PeterBuckley@state.or.us”
, “Sen.AlanBates@state.or.us”
, “off@oregonfirearms.org” ,
Comms , “Jack H. Swift, Attorney”
, “tim4429@sbcglobal.net” , “James
Buchal – attorney” , “colbymarshall”
, “Wayne Krieger”
,
*Subject:* OREGON BLM vs Galice Mining District So. OR : Bundy ranch redux??

AGENDA 21 RADIO
by PAUL PRESTON
SHASTA LANTERN

joco-logo
Galice Mining District, JOSEPHINE COUNTY, OREGON-The next Bundy Ranch incident is developing in Josephine County, Oregon. The BLM has served notice to gold miners that they have until April 25, 2015 to stop gold mining….Oath Keepers are on site…Militia on the way. BLM DID NOT seek ‘Coordination Authorization’ with the local community….Sheriff Dave Daniel is NOT considered to be a Consitutional Sheriff.
Sheriff Dave Daniel NOT Considered to be a Constitutional Sheriff
Sheriff Dave Daniel NOT considered to be a Constitutional Sheriff
Josephine County is in Southern Oregon and Grants Pass is the County Seat…developing. http://en.wikipedia.org/wiki/Josephine_County,_Oregon
200px-Map_of_Oregon_highlighting_Josephine_County.svg
FROM THE SHASTA LANTER facebook
The Shasta Lantern
Potential situation building in Southern Oregon/Central Jefferson. BLM has issued a cease and desist order to a group of miners in Josephine County 10 miles West of Grants Pass in the Galice Mining District. BLM has given the miners until April 25th to cease and desist all mining operations, remove all buildings and mining equipment. This order by BLM is not accompanied by a legal court order and has been issued on BLM supposed authority alone. Many of these claims have existed in perpituity since the 1870’s. The miners have issued a statement declaring they will resist what they believe to be an illegal order. The State of Jefferson will respond and arrive to support the miners if required. Stay tuned for updates as further information becomes available.
Galice Miners Will Do Battle With Bureau of Land Management
~ Executive Committee; Galice Mining District
There have been many questions about rumors of a battle brewing between the Bureau of Land Management and several miners within the Galice Mining District. While we cannot yet divulge any fine details (and ultimately must keep legal tactics completely private), at this time, we can confirm the following:

1. BLM recently (3/18/15) issued two Stop Orders on a mine, citing authority under their 3809 regulations, despite the fact that this is one of the oldest active claims in the country. The location date of this mine is so old that one of the location notices (the legal title to the mine) was actually first recorded in the original Galice Mining District Recorder’s book in 1876 and then later transcribed into the Josephine County Clerk’s records once the county assumed recording duties. Under the 1955 Surface Resources Act, claims of this age have exclusive surface rights unless the Department of Interior utilized a mechanism outlined in that Act to severe those surface rights. Demands to BLM to produce evidence of their surface authority in accordance to the 1955 Act have thus far garnered only “because we say so” answers and numerous stonewalling tactics. The Stop Orders came after several months of back and forth maneuvering from both sides, and are clearly retaliatory in nature.
new-logo-black2. BLM are in active violation, on multiple counts, of federal Freedom of Information Act statutes. (By contrast, certain mine records in the possession of the State of Oregon have been provided in a prompt and professional fashion when requested). Similar documents secured by another miner have appeared to have been “heavily parsed” of key file documents, raising suspicion that BLM is either actively suppressing the release of documents that could be very damning or has been actively destroying documents which they are obligated under Federal Law to maintain and provide on request. One of the BLM employees suspected of parsing the records in question has apparently left BLM in the last few days.
3. What few documents have been produced by BLM to date (many of which are in no way very legible) have displayed a long history of non-compliance with federal and state laws, as well as their own regulations, as well as instances of suspected forgery, fraud, extortion of real estate and other issues that suggest a well organized conspiracy that divested thousands of miners and others of their property rights, which in turn has allowed the BLM and the USFS to exercise ruthless control over the entire Public Domain of the Far West, including rights of ingress and egress.
4. A BLM mineral tech involved in this case remarked (4/8/15) to the attorney who is handling this case that he is aware that the BLM position is not “open and shut” and is proceeding on shaky ground. Ultimately, BLM’s attack on the mine is a rolling of dice in the hope that they can get their way opposed to anything grounded in reality.
Where is this all headed?1876
This case is headed in a direction that presents what is probably a once-in-a-generation prime opportunity to strike at the heart of the very surface management authority of the DOI and USDA and to restore the “as patent” rights of every mining claim owner in the United States by striking down the actual source of that intrusive authority.
Regardless, we intend to take BLM fully to task and will not feel sorry for any civil or criminal consequences that may be leveled upon any BLM employees who are found to be negligent of wrong doing. We are actively pursuing these individuals through a wide range of tactics with the intent to reign in these wrong doers.
At this early stage, approximately $10,000 and countless hours have been expended on research and related fees in regards to this case, which could have far reaching benefits to every miner in the country. Thus far, this effort has been taken on by several miners who have sacrificed their personal funds and their personal time to the cause. The claim owners have since retained attorney James Dole, who has successfully defeated BLM in court on numerous mining issues.
Considerably more work must be done on this case and many more records must be obtained to expose this issue on a wider level.
For those who would like to contribute to the cause of unraveling BLM’s surface authority, please make a donation below. Even small amounts help!
Thank you for your consideration.
~ Executive Committee; Galice Mining District “BUNDY RANCH” TYPE STANDOFF BREWING IN SOUTHERN OREGON BETWEEN MINERS AND BLM LOCKED & LOADED........
April 11, 2015
gold-GMD
For the past several years, the miners from the Galice Mining District, about 3o minutes west of Grants Pass, Oregon, have been arguing over who has the rights to the minerals in the ground around Galice Creek. The Galice mining district is compiled of a number of claims, owners and miners and has been in continuous operation since the early 1870’s, which makes it one of the longest running operations in the US. This specific operation predates the BLM bureaucracy by many decades in fact.
The area in question has produced in excess of 10 million ounces of gold since its conception, and geologists estimate that only 10% of the gold in the ground has been removed, which makes this area highly sought after by any standard. It is said that children find gold with their hands in the creeks to this day.
BLM has made several attempts to disband the operation through violations that claim improper paperwork filing, ruling changes over time, and other unsubstantiated claims. The miners of this district have spend tens of thousands of dollars to date to fighting the BLM in the courts and other avenues. The district has made requests to produce the official rulings that show they are in violation which have gone unanswered. They simple reason given by the BLM is that “they say so”.
Late last week, BLM officials accompanied by Josephine County Sheriff deputies issues a cease and desist order to the district without any official ruling by the courts. Specifically, the issue is not even scheduled to be heard in court until later in the year. The order has given the miners until April 25th to remove all equipment, buildings and supplies from the mine. Local BLM officials have threatened to burn the buildings down if they are not removed by the date.
The people in this district have stated that they will fully disobey the order as they claim that it is illegal and invalid. A call for assistance to the Oath Keeper’s and other State Militia groups has been made and there is no intention to leave the area by the deadline.
This issue has far reaching implications. The outcome from this issue and the court ruling to come will effect all of America. The issue at hand is not just about the Galice Miners and the gold in the ground, but more about what the government says you can do with the ground in your control. These miners have the rights to the minerals in the ground and the government wants that changed. What comes next could effect every American. What if your backyard has a specific mineral that the government values. By any means, can come in and tell you that you can not grow your broccoli on your land because it absorbs this “special” mineral? The bigger picture would effect farmers. What if gold, oil, or something like uranium was found under a farmer’s corn crop. Does the government have the right to those minerals and have the ability to over ride your use of your own land? This issue will have the ability dictate the future use of our public and private lands.

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