In a developing story some are comparing to the Bundy Ranch
standoff in Nevada, Bureau of Land Management officials and miners west of
Grants Pass, Oregon, are in an impasse over who has the rights to the minerals
in the ground around Galice Creek.
According to the Shasta Lantern, the Sugar Pine mining claim has existed as a rightful claim since 1876
and is one of the oldest claims in the country. On March 18, the BLM issued two stop orders on the mining
district, citing authority under BLM Surface Management 3809 regulations.
“Reportedly late this week, BLM officials accompanied by
deputies of Josephine County Sheriff Dave Daniel issued a Cease and Desist
order to the mine and its owners,” writes Red Smith of the Shasta Lantern. “The
order has given the miners until April 25th to remove all equipment, buildings
and supplies from the mine. It has been reported local BLM officials have
threatened to burn the buildings down if they are not removed by the date.”
Miners from the Galice Mining District, which encompasses
the Sugar Pine Mine, say they have been arguing with the BLM since roughly
2012.
“The Galice Mining District is a private consortium of
claims, owners and miners that has continuously operated since the early
1870s,” writes Smith. “This means the mining district actually predates the BLM
by decades.”
The mining district has produced in excess of 10 million
ounces of gold since its inception, and geologists estimate only 10 percent of
the gold in the ground has been removed.
The miners expressed the intent to fight in court what they
believe to be an illegal order, as the current cease and desist order was
served on the Sugar Pine Mine even though the issue is scheduled to be heard in
court later in the year. They have retained an attorney and requested the
assistance of the Oath Keepers of Josephine County, who are currently staging a
camp near the mine, terming the event the Sugar Pine Mine Security Operation.
Oath Keepers reports, “While serving a BLM Stop Order upon the Sugar Pine Mine,
BLM Contract Deputy Jason Stanton, when told by the parties involved that they
were ‘constitutional people,’ Deputy Stanton replied, ‘I have issues with the
Constitution.’”
Oath Keepers has two sworn affidavits from two witnesses to
the exchange. Oath Keepers say their mission is to ensure the Fourth Amendment
constitutional right to due process is not being violated by the BLM.
“Under the 1955 Surface Resources Act, claims of this age
have exclusive surface rights unless the Department of Interior utilizes a
mechanism outlined in that Act to sever those surface rights,” wrote Smith.
“According to a statement by the Galice Mining District, demands made 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. According to the Galice Mining District, the BLM is in active violation,
on multiple counts, of federal Freedom of Information Act statutes. Documents
secured appear to have been ‘heavily parsed,’ raising suspicion that BLM is
either actively suppressing the release of documents or has been actively
destroying documents which they are obligated under Federal Law to maintain and
provide on request.”
“It’s kind of an odd situation,” Jim Wittington of the
Medford, Oregon, BLM, said in an interview with WND. “As far as we’re
concerned, we had an inspection of the area in January after we realized there
were some operations going on there. In March, we issued a notice of
noncompliance, primarily because operations that were taking place at the site
were not at the level of documentation – the documentation that we had allowed.
“So they have a mining claim, they were doing the kind of
activity that probably demands a notice or a plan of operations. And so by
virtue of sending them the notice of noncompliance, that gives them a couple of
options.
“One, they can work to get into compliance and get a plan of
operations in place, or they can appeal our decision that they are not in
compliance. Based on what the issues were, they have two routes that they can
go, depending on which issue it is. They can either appeal to the state director
of the Bureau of Land Management here in Oregon and Washington, or they can
appeal to the Interior Board of Appeals. In informal discussion with their
lawyer, it sounds like they’re going to appeal, but they have a few days before
they have to let us know.”
The Galice Mining District says although it hopes to resolve
the issue legally and properly through the courts, it will “fully disobey” an
order it views as “illegal and invalid.” Law enforcement authorities have
responded and are currently on the scene.
http://www.wnd.com/2015/04/showdown-with-feds-over-right-to-gold-in-ground/
Comments
The US Constitution (as written) prohibits
the federal government from “owning” land beyond what they purchase to use in
fulfilling their enumerated powers. Federal
office buildings and military bases are included as “constitutional”. Everything else is excluded.
Mining laws were written to establish rules
for ownership of land and mineral rights.
The role of the government was to administer the rules. http://en.wikipedia.org/wiki/General_Mining_Act_of_1872
The Surface Resources Act of 1955 is the
current law. The Galice Mining District has held mining rights since the
1870s.
http://legcounsel.house.gov/Comps/Act%20Of%20July%2023,%201955-(Surface%20Resources%20Act%20Of%201955).pdf
The proper owner of land would be an
individual or corporation who can demonstrate ownership by producing a valid
deed. The owner of mineral rights would
produce a valid license.
It appears now that BLM is attempting to steal
land and void licenses to implement UN Agenda 21 without due process.
Norb Leahy, Dunwoody GA Tea Party Leader
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