PROPOSED BILL: OUR RIGHT TO PUBLIC LANDS ACCESS BILL
Hello Deborah It has been sometime since I talked to you. Good to hear from you again.
Deborah, as a miner of some 46 years I have come to the realization that there is one very big change we need to make that will put the USFS back in its place. They have a part in their CFR's that state" If the district ranger feels that there " MIGHT BE " or " MAY CAUSE " Significant disturbance then the mining claimant " MUST " file a plain of Operation with the district ranger. Herein lies the problem;
# 1 We already know they are all GREEN, and in their eyes when we file a mining claim, we have done a Significant disturbance. # 2 This gives the district ranger far too much power over the mining claimant.
# 3 If the district ranger does not like the mining claimant or anyone who mines then he can stop you from doing anything on your mine site.
# 4 This puts the congressional law right out the window, and eliminates the right you should have.
# 5 The Law is quite clear from congress that the USFS has NO control over a mining district or a mining claim for that matter. See: 1897 Organic Administration Act, Federal Lands Policy Management Act 1976, NEPA, and even their own CFR's, But what they use is the fact that Congress gave the DOI---DOA the right to make rules and regulations NOT LAW!!
But in there regulations they use them as law, And this is where we the people loose. Because most of we the people do not pay attention or just don't care. On any small mining claim, the forest ranger can and will put such restrictions on the miner in the form of a plan of operation and a very excessive bond that the miner can not do anything. The mining laws are quite clear, but the USFS has diluted them to the point that they mean nothing. GREEN ??? YES, YES !!!
The way they use the regulation in this sense would be the same as if a car dealer told you that he would not sell you a new car because you MIGHT run over a bug!
This kind of authority is ludicrous. Why should we need a permit from the USFS to do anything, that GOD, the Constitution, the Bill of Rights, or Congress, has already given us the right to do? I am in hopes we can correct this for it is wrong. Keep up the fight, NEVER SAY QUIT NEVER!
Thanks
Jerry
And to answer your question, yes you may post this or any other article from me or my web site.
Jerry
Jicarilla Mining District News Letter
July 28, 2006 In the last few months I have ask the USFS several critical questions, by e-mail, certified mail, and FOIA. As most of you know, the Jicarilla mining district has been under attack by the USFS ie; Lincoln National Forest for some 30 years. With destruction of historic structures, cabins, roads, and other things, such as mining markers, blazed tree markers, erecting abandon mine signs upon legal mining operations, and closing roads to mine sites. And a recent Forest Closure under 36 CFR 261. We as miners were denied access to our mining claims under this closure order by the Lincoln National Forest personnel. This was a denial of our rights granted by Congress; and is also stated within the 36 CFR 261.1 Scope, wherein it is stated in 36 CFR 261.1 subpart (b) Nothing in this part shall preclude activities as authorized by the Wilderness Act of 1964 or the U.S. Mining Laws Act of 1872 as amended. In recent weeks I have conversed with Mr. Sanchez wherein we have talked about the Forest Service right to manage the surface of National Forest System lands. Mr. Sanchez sent me as proof that the USFS controlled the surface upon National Forest System lands, 30 USC 612. where in it states; (b) Reservations in the United States to use of the surface and surface resources Rights under any mining claim hereafter located under the mining laws of the United States shall be subject, prior to issuance of patent therefore, to the right of the United States to manage and dispose of the vegetative surface resources thereof and to manage other surface resources thereof . But this is not the total statement of 30 USC 612 (b) it goes on to state; (except mineral deposits subject to location under the mining laws of the United States). Any such mining claim shall also be subject, prior to issuance of patent therefore, to the right of the United States, its permittees, and licensees, to use so much of the surface thereof as may be necessary for such purposes or for access to adjacent land: Provided, however, 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: I have also ask Mr. Sanchez for his personal definition of the word " Surface ". Mr. Sanchez answered back with this statement; HI JERRY... It is my understanding that the term "surface" is described in the appropriate laws, regulations, and case law precedent. I suggest that you refer to public sources for this information, such as the Internet or libraries. Sincerely, BUCK SANCHEZ I then took Mr. Sanchez advice and researched the word as it pertained to the USFS, I could not find the definition, so I began searching the definition under mining. I located many meanings and sent them to Mr. Sanchez. I ask Mr. Sanchez if there was a different meaning within the USFS or of his opinion or if he did not agree with this meaning please let me know. To date he has not responded. On July 3, 2006 the Jicarilla Mining District held a meeting to elect new committee members and a request was sent to Mr. Buck Sanchez, Smokey Bear Ranger District, LNF to attend and be the guest speaker. This request was declined. We were in hopes that by working together for the common good of the people we could have a better understanding on both sides. We made a request that if Mr. Sanchez could not attend the meeting, perhaps he could send a representative in his place. We did not receive a response to this request. And no USFS official was in attendance. To our knowledge. We, then must push to receive answers to our questions by any means necessary! On June 27, 2006 I sent a Freedom of Information Act letter to the Lincoln National Forest. In the request I ask for various documents over the last 5 years concerning Casual Use, Notice of Intent, Plain of Operations, documents concerning correspondence of or about these documents, and of any permits issued under the Forest Service Closure Order 36 USC 261. under the "Media Fee Wavier" I received a letter dated July 10, 2006 from the LNF, Mr. S.E." LOU " Woltering Lincoln National Forest Supervisor, wherein he ask for my credentials as a reporter of news under the "Media Fee Wavier" request. I then received another letter the next day also dated July 10, 2006 In which he stated that it would cost $1000.00 - $ 2000.00 if I did not qualify for the "Media Fee Wavier". I then returned a letter wherein I stated; ______________________________________________________________________________ July 13, 2006 RE; Freedom of Information Act ( FOIA ) Request Dated June 27, 2006 - LIN-2006-14 To: S.E. " LOU " WOLTERING LNF Forest Service Supervisor Mr. Woltering Please be advised that I am in receipt of your letters dated July 10, 2006. Wherein you have requested certain information from me prior to answering my request for information from your office. It is of my opinion that the information I have requested is news worthy and should be promptly released at no charge. " media fee free waiver." In your letter you have requested my press credentials; www.JicarillaMining.Info is copyrighted world wide. As owner and operator of the mining district web site and connection to a host of other web sites all across the United States of America. With well over one hundred and forty million readers on the world wide web. And as a researcher and adviser to several authors of news articles and books. This alone in my opinion would qualify my request under " Media Fee Free Waiver !" If not, I shall be happy to request this information through other sources, such as my Congressman, the Governor of the State of New Mexico, the County of Lincoln, the New Mexico News network, Washington D.C. or other action. Today I receive a letter from you stating it could cost $1000.00 to $2000.00 to obtain the information requested. May I remind you that the Lincoln National Forest is being paid by we, the people, and that we, the people have a right to know what is going on within your agency. This is a right we demand. I can report the facts from your office or we can report the fact that your office refuses to divulge the facts. This is your call! Mr. Woltering just in case you are not aware, I would like to advise you that I have sent Freedom of Information Act " FOIA" request to the Lincoln National Forest in the past. Some of these request were never answered in a straight forward answer, and many copies requested were never received by me. There are, or, were personnel within your staff who made every attempt to keep me from receiving the information that I requested. Even to the point that on one request I was told it would cost me $ 5,000.00 to receive the information. This was done even after I contacted Washington D.C. and was told the information was in your office in Alamogordo, N.M. and should be readily available. I am in hopes that the letter I received from you today is not a continuance of that same mindset, as I shall be reporting the news to my readers as I see it! I will state to you, that I had much rather report GOOD news from Lincoln National Forest, than bad, but to date I have nothing. Give me something good and I will see that it is at least on my web site. I can only report what I know to be true and correct to the best of my ability. And I do not pay a fee nor do I receive a fee for news articles or information on this subject. Sincerely Jerry Fennell ___________________________________________________________________________________________________________ To date I have had no response from Mr. Woltering, and no answer to my to my questions under FOIA request letter. It would appear that the Lincoln National Forest considers the right of the people to know what is going on within this agency is none of our business ! I for one believe that we the people have the right to know what is going on within each and every Government agency within the UNITED STATES of AMERICA ! I also believe that anytime a Government Official ignores your question's or ignores your request for information that has to do with your rights, it can only be because they don't want you to know what your Rights are. Or they have something to hide. IGNORE YOUR RIGHTS AND THEY WILL GO AWAY !Copied with permission from Jerry Fennel
