We Still Have an Opportunity to Open Suction Dredge Mining on the Federal Lands! – July 2019

THIRD QUARTER, JULY 2019                              VOLUME 33, NUMBER 4

Dave McCracken

Publication By Dave McCracken Common Supervisor

Motion Alert by Tom Kitchar, President of Waldo Mining District

After careful evaluation of the courtroom documents in the Rinehart and Bohmker instances, we realized that the BLM and USFS (Forest Service) mining laws had been amended in the early 2000’s, principally allowing the States authority over mining on federal lands in excess of authority which the BLM or USFS is allowed by regulation!

On June 18, 2019, we sent a formal petition asking for the federal laws to be modified.

About the time we recognized the drawback in the federal mining laws, we have been contacted by a fairly excessive official inside the Division of Inside (DOI) who had observed all the letters and needed extra info. Then they needed to assist! I used to be informed that they (DOI) wished that they had recognized about the Bohmker case six months ago. I consider they might have submitted an amicus temporary on our behalf to the Supreme Courtroom defended mining; which might have significantly elevated our probabilities of a listening to… and profitable.

That is proof: Letter writing can work!

Be-that-as-it-may, the Bohmker case is lifeless for all practical purposes, and we had a selection to make: (A) GIVE UP, or (B) FIND ANOTHER WAY. Giving up means the eventual demise of small-scale mining as we know it. We really don’t need to hand over what in any other case can be a thriving business which generates raw wealth for America…not to point out, fulfills the goals hundreds of People and others have had since they have been youngsters.

It was then that we realized the reply was current the entire time, but we by no means acknowledged it. This was largely as a result of we believed our case was such a “slam-dunk” based mostly on rather more powerful laws and courtroom instances.

BACKGROUND: The U.S. Constitution is supposed to be the #1 Regulation of the Land. In the Constitution, Congress is empowered sole authority over all lands belonging to the United States. Congress has delegated management of the public area lands to numerous federal departments. This consists of the Department of Inside (BLM), and the Department of Agriculture (USFS).

In 1955, Congress amended the 1872 Mining Regulation by providing the federal businesses administration authority over the “non-mineral resources” on unpatented mining claims, with the provision:

“…That any use of the surface of any such mining claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or processing operations or uses reasonably incident thereto…” (30 U.S.C. Sec. 612(b)) (emphasis added).

Please read that once more; mineral improvement is the main use of the federal lands. It’s because mineral deposits can only be developed the place they exist.

This has been taken to mean that the federal management businesses usually are not allowed to prohibit mining. Any restrictions have to be vital and affordable.  There’s so much present federal case regulation on the books, this reality is not in dispute.

Then, throughout the early 2000’s, each the BLM and the USFS amended their mining laws requiring that each one miners MUST OBTAIN ALL REQUIRED STATE PERMITS without putting any limits on what the States might require. BLM laws even went as far as to say that the States might set greater standards or “more stringent” ranges of restriction upon the federal lands than the federal businesses are allowed.

Oregon’s SB three (Bohmker) was not preempted by the federal Mining Regulation because the BLM and USFS laws allowed the States to cope with mining any approach they need!


This raises a Question: If the BLM & USFS are prohibited from endangering or materially interfering with mining, how can those very same businesses provide the States with authority to do what the federal authorities businesses are barred from doing?

Reply: BLM and USFS can’t present the States with authority that the federal businesses themselves don’t have in the first place!

Action Alert!

Now that we’ve got the attention and help from Trump administration officials, the subsequent step forward for us has been to draft a Petition to the Division of Interior (DOI) and the Division of Agriculture (DOA) to carry out an official Rulemaking course of to change the federal laws in a approach that forestalls States from interfering with mining on the Federal Lands, to dispose of duplicate and unreasonable regulation, and to forestall the States from prohibiting mining on the federal lands.

The Petition was submitted a number of weeks ago (June 18th) with help from eleven major mining associations together with The New 49ers. As well as to the Petition, Letters of Help are coming from several county governments which have sustained critical financial harm because of the misguided policies towards mining by some State businesses.

The petition has landed house where it needs to be. It is being taken critically. Now, if we will just please take it to the next step: We need to encourage supportive messages from as many individuals as we will. That is the second of fact! However some other alternatives that would come up in the future, that is, to a large extent, our final opportunity in the foreseeable future to regain the use of our mechanized gear and gold dredges.

To help you with this, we are attaching the Petition. This needs to both be linked to emails or included with onerous copies of help:

Miners Petition

We are attaching a link which supplies most of the contact details for the officials that we would like to attain right now:

Contact Info for Petition Recipients

We are additionally attaching a simple article which describes what a suction dredge is: What is a Suction Dredge?  Maybe you want to enclose or connect this info in your message.

There’s an further link which supplies some speaking points to assist if you need some assistance together with your messages:

Petition Speaking Factors

For those who please ship your messages to every individual on the listing, particularly the two Secretaries listed at the beginning of the Petition, and in addition to Mr. President Trump; we might discover ourselves in a federal Rule-making course of that may lastly permit us to defend towards the false claims being made towards us by the radical extremists who are doing the whole lot within their power to undermine the financial nicely being of America.

Search for the most present information and updates relating to the Petition and potential Rule-making (with a attainable public remark period) on the Waldo Mining District web site at: You will also find necessary updates on our own message discussion board.

We are thanking you with all sincerity for any and all help you possibly can present in this effort!

2019 Schedule of Occasions

Our first weekend Group Mining Challenge of the season went very nicely. It should make for some wonderful video-enhanced storytelling once we full this newest effort to win our business again.

Remaining 2019 events: July 20 & 21; August 17 & 18.

There’s a learning curve to profitable gold prospecting. One in every of the only strategies of progressing by means of the studying curve is to go on prospecting adventures with others who extra experienced than you’re.

Our 2-day Group Mining Tasks are one in every of the main benefits of New 49’er membership which set us aside from different mining associations.  All weekend events are free to Full & Affiliate Members. All members share equally in the gold we recuperate.

Group tasks are limited to a sure variety of members. Scheduling prematurely is strongly suggested to guarantee a position on any specific weekend undertaking: 530 493-2012

Schedule of Occasions

Deliberate Office Hours for Upcoming Season

Till additional notice, we’ll proceed opening the doorways between 9 AM and four PM on weekdays.  The workplace can be closed on weekends, apart from the morning hours throughout the Saturdays once we are sponsoring the coming season’s Weekend Group Tasks:  June 22; July 20; and August 17. Our Saturday night potlucks will even only occur on these dates.

Members are invited to sign up your whereabouts on our properties over the telephone in case there’s some purpose we’d like to discover you.

Our mining properties are freely out there to all members in good standing 24 hours a day, 365 days a yr, until the Klamath Nationwide Forest is closed due to wildfires.

For any issues, our Inner Affairs is accessible over the telephone: Richard Krimm is our Director of Inner Affairs, e mail or name (510) 681 8066 (also out there after hours and on weekends).

Winners from Our Most Current Legal Drawing!

Right here is the profitable listing from the legal drawing which happened on  Friday, June 21 2019:

Ten 1-Ounce American Silver Eagles

John Roina of Sacramento, CA
Richard Grady of Waldport, OR
Man Lawrence of Port Orford, OR
Robert Williams of Georgetown, CA
Karl Schrock of Palm Harbor, FL
Michael O’Connell of Crescent Metropolis, CA
Steve Rive of La Quinta, CA
John Bilik of Spring Grove, IL
Van Wilhite of West Level, CA
Ronald Copenhafer of Malibu, CA

Ten 1/10th-Ounce American Gold Eagles

William Frese of Cincinnati, OH
Robert Guardiola of River Banks, CA
Richard Speidal of Minden, NV
Clifford Robinson of Oakland, CA
R. Jim Pace of Hillsboro, OR
Robert Williams of Georgetown, CA
Robert Guardiola of River Banks, CA
Russell Steen of Huntington Seashore, CA
Theodore Ehrhardt of La Valle, CA
Robert Williams of Georgetown, CA

Four 1/4th-Ounce American Gold Eagles

Bobby Whitaker of Bloomington, IN
Bobby Whitaker of Bloomington, IN
Mathew Nelson of Rigby, ID
Van Wilhite of West Point, CA

The Grand Prize: 1-ounce American Gold Eagle:

Michael O’Connell of Crescent City, CA

Our most honest thanks to everybody who’s supporting our efforts to win our business back. There’s good purpose for hope presently.

Greatest needs,

Dave McCracken

New 49’er Gold Prospecting Affiliation
27 Davis Street P.O. Field 47, Comfortable Camp, California 96039 (530) 493-2012

Print This Post Print This Publish