Eagles Gather to Regain Miners Rights

Letter to Secretary of the Interior

CC: President Donald J. Trump

West Coast independent gold miners and prospectors have been asking you for assistance in helping the mining industry to get back to work. We need your executive help to override the State of California in its reluctance to grant permits to perform suction dredging on Federal Lands.

This request is desperate because of the quickly approaching end of the 2019 summer season. Since 2009, restrictions by the State of California have stymied this type of activity in our National Parks on federal lands, which according to the 1872 Mining Law would be acceptable as in any mining that takes good care of federal property.

Tests by the US Forest Service and others have determined that no deleterious effects occur from suction dredging. A state court in San Bernardino ruled in favor of the suction miners but that ruling was overturned on appeal. This has become a seven-year saga of misplaced and irrational governance. First they said a study was being conducted, then after many years the state made conflicting, irrational and confusing administrative rulings centered on the state's need to have a permit for suction dredging but also in further administrative rulings would not allow permits to be granted.

It appears, if a trite axiom may be allowed in this dilemma, that the 'State of California wants to have it both ways'. Usually the law in rational countries decides only one way, the constitutionally right way, not several ways depending on which administrative group holds sway. The United States of America did away with that form of irrational ad hoc ruling, during its formation of a Constitutional Republic in 1787. But it appears the State of California intends to obviate rational law for some exaggerated, over extended, inappropriate and scientifically weak environmental excuse.

To drive home the points listed above, if possible, can you please as the Department of Interior Secretary, direct, as appropriate, the Deputy Director of Policy and Regulatory Affairs and related administrative departments, to assist in this critical endeavor?

During the appeal to the San Bernardino State Court by the State of California, the Obama administration attempted to overbalance court opinion by admitting an inappropriate number of amicus curiae briefs in favor of the State of California. Therefore since the precedent was set by the Obama administration's over burdening the appeals court with numerous briefs, it could be considered justifiable to ask for extensive executive help from you and any of your applicable administrative departments, up to and including the President of the United States.

Since the Department of the Interior could be the source of an answer for this problem, we humbly ask for your help. There might be other related administrative governmental institutions, which could also be in a position to counter the irrationalities of the previous administration; in this regard, please refer this issue to them as appropriate.

The struggle miners have faced and are now facing, in time, expenses and harm to livelihood caused by the environmental movement's massive push to overregulate the mining industry out of existence needs all the help this administration can bring to bear on this situation. We have asked the President for help to undo an injustice of the previous administration, and now we ask for your help.

Twice, 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 (notice the irrationally of that qualifier). These particular cases are: Rinehart, with a Petition for Writ of Certiorari before the US Supreme Court and Bohmker that is appealing to the US 9th Court of Appeals.

We specifically ask you to withdraw or counter the briefs filed by the Obama Administration for the following reasons:

Please repudiate and withdraw the briefs amicus curiae filed in the Rinehart (petition for U.S. Supreme Court review pending) and Bohmker cases (pending in the Ninth Circuit).

The state of California even denied him the use of his federal evidence in his case. The state court of appeals overturned it citing South Dakota Mining vs Lawrence County, No. 97-3861, September 16th 1998, 8th Court of Appeals.

The Pacific Legal Foundation has petitioned the case to the US Supreme Court. re: https://www.pacificlegal.org/cases/California-claim-jumps-the-rights-of-miners-on-federal-land

Continuing news and views:

Please help America's independent gold miners; we don't want a hand out or hand up. We just want to go back to work to help make America Great again! Please work with the U.S. Congress to help them approve your selected Secretary of the Interior in order to restore sanity in the use of United States public lands.

If your transition team requires additional information on our specific difficulties with the state of California, and how much more we can do if allowed the opportunity, then please check out the following:

The New 49'ers Legal Fund's Attorney' Webpage.

A letter from New 49'ers attorney James Buchal.

Link to the Pacific Legal Foundation


Tuesday, July 23, 2019
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