FA Note
— Courts have long recognized the Act of July 26, 1866, and May 10, 1872 as
amended, whereby Congress abdicated its authority and jurisdiction over
the mineral estate, granting it as an absolute gift without condition or
limitation to all citizens.
More than 100 demonstrators, some of them armed, reportedly
surrounded the Bureau of Land Management’s Medford, Oregon district office
Thursday to protest the agency’s regulations against a rural
gold mine.
Supporters of the Sugar Pine mine tell the Mail Tribune
that Bureau of Land Management (BLM) officials lied when they said mine owners
George Backes and Rick Barclay needed to file a plan with the agency for what
they called previously unknown mining activity. The agency told Backes and
Barclay that they had to file a plan or remove their equipment.
Some of the protesters who congregated in the agency’s
parking lot were members of the Oath Keepers movement, an organization
made up of former and current law enforcement personnel who vow to disobey
government orders they deem unconstitutional.
Mary Emerick, a spokeswoman for the Oath Keepers, told
the Mail Tribune that volunteers
from the organization have been guarding the mine. She said those volunteers
came from various parts of the western U.S.
The armed volunteers started showing up last week after
Barclay called upon them because he was afraid the agency would seize the
equipment.
The miners contend they legally control all of the land
and resources within the claim, which they say has been continuously mined
since the 1800s. The agency has said the land belongs to the federal government
and the miners have to file a plan of operations if they want to continue
working in the area.
“(The miners) have a particular interpretation of the
Constitution that has not been recognized by any federal court,” BLM
spokesman Tom Gorey told the Mail Tribune.
Although Barclay did call upon the armed volunteers, he
is looking to distance himself from any actions that could replicate what
happened in Nevada last year.
In that case, hundreds of armed supporters of rancher
Cliven Bundy faced off against BLM agents in April to stop a roundup of cattle
from public land where Bundy had allowed his stock to graze near the town of
Bunkerville.
Federal officials accused Bundy of failing to pay more
than $1 million in grazing fees over more than 20 years. Bundy claimed the
federal government has no authority over the land.
Bureau officials backed off, and Bundy and his supporters
declared victory. But BLM officials say they are still pursuing an administrative
and legal resolution of the dispute.
“We are not looking for Bundyville. We are not looking to
challenge anything. We are just holding our constitutional rights and
property rights in reserve until we get our day in court,” Barclay said.
According to agency officials, the miners have filed an
appeal to the Interior Board of Land Appeals and a court date is expected to
be determined by the board.
Gorey said the board is the “proper venue” for the miners’
claim to surface.
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CommentsThe Oregon Legislature needs to defend the owners of this Mine, nullify federal actions, ban federal agencies from operating in Oregon and take control of “federal lands” in Oregon.Norb Leahy, Dunwoody GA Tea Party Leader
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