Land Rights Network American Land Rights Association PO Box 400 - Battle Ground, WA 98604 Phone: 360-687-3087 - Fax: 360-687-2973 E-mail: alra@pacifier.com Web Address: http://www.landrights.org Legislative Office: 507 Seward Square SE - Washington, DC 20003 Interior IG NLCS Investigation, Senate BLM NLCS Vote Looming See House Natural Resources Committee Press Release At Bottom. See Complete Environment & Energy Newsletter Story at bottom. -----Immediate Action Required -----Please forward this message to your entire e-mail list. Urgent. ------Call both your Senators every day this week. Call your friends and neighbors to get them to call. Any Senator may be called at (202) 224-3121. You must bury them in calls, faxes and e-mails opposing the Senate Omnibus Federal Lands Bill (NLCS and 190 other bills). It has not been assigned a number yet. -----It is hard to imagine a larger threat to you. -----Go to www.landrights.org for a map of the huge NLCS (National Landscape Conservation System). Congress Back In DC - Limited Days Left To Vote - House Corps EPA Land Grab (HR 2421) Wetlands Vote Any Time. Senate Omnibus Federal Lands (NLCS) Vote imminent. (No new number yet) Bill now includes 190 different bills. It was "only" 90 bills before. We are highlighting only the NLCS part of the giant Omnibus Bill. There are 190 others. The danger is alarming. Alert - Alert - Alert The Senate Omnibus Bill will have a new number that has not been designated yet. Action Items (Part 1) -----1. You must call it the Senate Omnibus Federal Lands Bill that includes the NLCS. It is urgent that you call both your Senators immediately. Tell them you will hold them responsible in the election if the Senate Omnibus Federal Lands Bill and the NLCS passes. -----2. Tell him about the investigation by the Interior Department Inspector General into what appears to be illegal activities by BLM NLCS staff. Ask that the NLCS be removed from the Senate Omnibus Federal Lands Bill at least until the Interior Department Inspector General's report is completed. -----3. Any Senator can put a "hold" on a bill and stop it or at least delay it for a few days. New Side By Side Report Comparing Obama and McCain Votes on your issues coming from American Land Rights soon. You can look at the 2006 and 2007 Private Property Congressional Vote Index at www.landrights.org. See how your Congressman voted. Look to see how John McCain and Barack Obama scored on their votes. The Vote index covers private property, multiple-use, Federal lands use, access and environmental issues. More Action Items below. Dear Ally: You need to act fast. Congress is rushing to pass bills without carefully reading them or analyzing their threat to you. Your calls, faxes and E-mails to your Congressman and both Senators are critical to pressure your legislator to look carefully at these dangerous bills. They are the Senate Omnibus Federal Lands Bill (No new number designated yet) and the Corps of Engineers and EPA Wetlands Land Grab Bill (HR 2421 - S 1870). -----Congress returned September 8th and is in a huge rush because of the looming election. They will want to get business done and get out of town. They only have a few days left. They are supposed to go home Friday, Sept. 26th but it will likely go longer, at least through the weekend. We could possibly have a lame duck session after the election. -----Your next week must be devoted to calling, faxing and e-mailing both Senators and your Congressman at least once a day or more about the Senate Omnibus Federal Land Bill and HR 2421. All Senators may be called at (202) 224-3121. Any Congressman may be called at (202) 225-3121. Call your neighbors, friends and business associates also. This is an all out call to action. When you call, get their e-mail and fax number of the staff person who handles the Omnibus Federal Lands Bill in the Senate and HR 2421 in the House. Congress is in a rush to pass legislation and they're very short of time. You can be sure they will not have time to read carefully the many bills they will have to vote on. -----This is the time when bad legislation that hurts you passes Congress. -----The House Transportation and Infrastructure Committee will likely vote shortly on HR 2421, the Clean Water Restoration Act (We call it the Corps of Engineers/EPA Land Grab bill). -----That is the Democrat effort to reverse two Supreme Court Wetlands decisions favorable to private property owners and seize control of all US watersheds. -----That means all Federal and private lands. In other words, National Land Use Controls. HR 2421 would give control over Wetlands and other lands back to the Corps of Engineers and EPA. The Corps of Engineers and EPA would control your land. Chairman James Oberstar (D-MN) is hoping to slip HR 2421 in for a quick vote in the full House before they leave so you must act fast. -----The Senate vote on the Senate Omnibus Federal Lands Bill will also come sometime before September 26th. It could happen later if Congress does not go home right away. That's the new Omnibus Federal Lands Bill. It is also called the giant Public Land Management Act of 2008, which includes the BLM National Landscape Conservation System (NLCS). -----It also includes numerous new Wilderness areas and has been increased in size to 190 other Federal lands and parks bills put together as one giant omnibus bill. Think of it as the Omnibus Federal Lands NLCS bill. Imagine Congress passing 190 bills at one time in a huge Federal Lands Omnibus bill. That is what is going to happen if you fail to act. Call Now! Congressional staff will be there and they must hear from you quickly. -----I cannot overstate how critical the NLCS is to you. The NLCS was created in 2000 by Bruce Babbitt. The NLCS has sat quietly for eight years as the Democrats waited under the radar for an opportunity to pass it through Congress and make it permanent. -----The NLCS will impose a preservationist National Park type regulatory overlay over 26,000,000 acres of BLM land including all BLM National Monuments, Wild and Scenic Rivers, Wilderness Study Areas and much more. -----Senator Diane Feinstein (D-CA) plans to add 6,000,000 acres of the California Desert to the bill taking it up to 32,000,0000 acres. It threatens access and use by property owners, ranchers, miners, forestry advocates, recreationists and many other Federal land users. With fall here, the Democrat promoters of these land grab bills hope you will be distracted by the election and other things and not paying attention. There will be so many bills rushed to a vote that many Senators and Congressmen will not have time to read them. That means your friends in Congress could easily allow bills to pass that would threaten you. They would not be aware of it. -----Your Senator may not notice a threat to you in the 190 different bills included in the Omnibus Federal Lands Bill. -----There is no way for us to stress too strongly how critical your calls, faxes and e-mails are to your Congressman and both Senators during the coming three weeks opposing the Senate Omnibus Lands Bill and HR 2421, the Wetlands Corps of Engineers EPA land grab in the House. -----If these bills pass, they'll be a regulatory noose around your neck for generations. They'll strangle local business, small towns, counties and generally give the greens control over your land and all Federal lands. Your calls, e-mails and faxes can make the difference. -----You must make controversy. When your legislators get lots of calls, they'll be so busy they'll likely to put the threatening bills away until they have more time to examine them. That gives you more time to fight. -----Tell your Senator to oppose any Omnibus Bill that puts a bunch of bills together (190 separate bills). You get locked out if they package the bills in an Omnibus bill. Oppose any omnibus bill. You must raise the devil over this kind of back room, dark of night double dealing. It is undemocratic and you must make sure your Senator gets credit for voting for the Omnibus Federal Lands Bill if he or she does. They must know and be told by you that you are watching this vote before the election. Action Items (Part 2) -----1. You must call, fax or e-mail once a week your Congressional Representative. Call at (202) 225-3121 to insist that he or she oppose HR 2421, the giant Wetlands Corps of Engineers EPA land grab. Make sure you tell your Representative that you oppose the giant Wetlands Corps of Engineers EPA Watershed Land Grab Bill, HR 2421 (The official name is the Clean Water Restoration Act). Ask for a written confirmation of your phone call when you call. You should also ask for the e-mail and fax number of the staff person who handles Wetlands and keep that information for future reference. -----2. Call, fax or e-mail both your Senators at least once a day or more to ask them to oppose the Senate Omnibus Federal Lands Bill. Get the e-mail and fax number for the staff person who handles Federal lands. All Senators may be called at (202) 224-3121. -----Get a commitment from your Senator that he or she will oppose the new Omnibus Federal Lands Bill including the 26,000,000 acre BLM NLCS and all the new Wilderness areas. Senator Feinstein (D-CA) will add 6,000,000 acres of the California Desert to the NLCS. Ask for the e-mail and fax of the staff person. Be sure to fax or e-mail a letter weekly to both your Senators opposing the Senate Omnibus Federal Lands Bill. -----Everyone should oppose this new way the Senate is passing bills by packaging them into huge omnibus bills where so many Senators have a bill included that nobody looks closely at the other parts of the overall bill. Tell them you want votes on each individual bill and they must read each bill. -----Stop HR 2421, The Clean Water Restoration Act. HR 2421 is really a massive Federal land and watershed power grab. It must be stopped. It will use "wetlands," the Corps of Engineers and EPA to take control over every farm, ranch, and piece of private property with any water on it or even if you only engage in activities that might affect water. -----It expands the authority of the Federal government under the Federal Water Pollution Control Act of 1972 (Clean Water Act) to include all waters of the U.S. and activities affecting these waters. It drops the limitation to just navigable waters. It will give the Corps of Engineers and EPA control over your land. You'll get tied up in a nightmare of red tape and bureaucracy. Help stop the Senate Omnibus Land Bill, that is the giant new Omnibus Public Land Management Act of 2008. It includes the BLM National Landscape Conservation System (NLCS), new Wilderness areas, all BLM National Monuments and many other Federal lands and parks bills. That is over 190 separate bills combined together. Why you and American Land Rights (ALRA) should be on the same team. -----ALRA is your political insurance policy; -----ALRA has a powerful record of accomplishment in Congress; -----Through ALRA, your voice is loudly heard in Washington, DC; -----ALRA is known for its aggressive protection of members' rights; -----You have access to our full time office and staff in Washington, DC; -----You have a full time Headquarters in Battle Ground, Washington to help you; -----Hundreds of thousands of allies in ALRA e-mail, fax and mail lists to help you win; -----ALRA offers crisis management services to members and allies; -----Day-to-day consulting on land use and environmental issues is available; and -----Grassroots organizing and coalition building to help you save your property or interest. Chuck Cushman American Land Rights Association (360) 687-3087 ccushman@pacifier.com For more information or to support American Land Rights, go to www.landrights.org Press Release Natural Resources Committee -- Press Release U.S. Rep. Don Young, Ranking Member 1329 Longworth H.O.B. Washington, D.C. 20515 (202) 225-7749 www.house.gov/resources/republicans Contacts: Steve Hansen (Republican Communications Director) (202) 225-7749 Meredith Kenny (Communications Director/Rep. Don Young) (202) 225-5765 September 18, 2008 -----Must Read----- -----Rep. Rob Bishop Calls On Interior Department To Act On Possible Misconduct At National Landscape Conservation System; -----Inspector General Starts Investigation Into Improper Coordination Between NLCS Employees & Environmental Advocacy Organizations Washington, D.C. - U.S. Rep Rob Bishop (R-Utah), called on the Interior Department to act quickly to halt any improper activities involving the National Landscape Conservation System (NLCS) and environmental advocacy organizations. Bishop is the Ranking Member on the National Parks, Forests and Public Lands Subcommittee. Department officials have told Bishop's office that the Department's Inspector General has started an investigation into the NLCS, a division of the Bureau of Land management, after reviewing documents related to the agency. Bishop further asked that employees involved in the investigation step aside from their positions and relinquish their duties until the investigation is completed by the Inspector General. Federal law generally prohibits federal employees from using appropriated funds or their official positions to lobby Congress. Emails and other documents being reviewed by the Department show extensive coordination between top NLCS officials and lobbyists for environmental groups. "The Department must insist that any employee involved in violations of the Anti-Lobbying Law step aside until the Inspector General or the Justice Department has reviewed his or her conduct," Bishop said. "Just as the employees of the royalty-in-kind program at MMS learned, we will not tolerate misconduct by public officials." For more information, access the Committee on Natural Resources' Minority website at: http://republicans.resourcescommittee.house.gov/default.aspx # # # Steve Hansen Director of Communications Republican Staff U.S. House Committee on Natural Resources 1329 Longworth HOB Washington, D.C. 20515 (202) 225-7749 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - >From Environment & Energy Newsletter INTERIOR: IG investigating coordination by BLM and enviro groups, congressman says (09/19/2008) Noelle Straub, E&E Daily reporter The Interior inspector general is investigating possible illegal coordination between lobbyists for environmental groups and federal officials of the National Landscape Conservation System, Rep. Rob Bishop said yesterday. Interior officials informed his office about the investigation into the NLCS, which is a division of the Bureau of Land Management, the Utah Republican said in a statement. E-mails and other documents show extensive coordination between top NLCS officials and environmental lobbyists, said Bishop, the top Republican on the National Parks, Forests and Public Lands Subcommittee. The main groups involved appear to be the Wilderness Society and the National Wildlife Federation, a House GOP aide said. At some point NLCS officials had weekly meetings with these and other groups, often at the Wilderness Society's office, to coordinate lobbying strategy and messaging, the aide said. E-mails show that NLCS officials requested environmental groups to write budget language, the aide added. E-mails also talk about coordinating lobbying efforts, setting up NLCS events, sending out draft memorandums for each other to review and preparing for congressional hearing. The federal and advocacy officials exchanged resumes and job announcements in their respective organizations and BLM, the aide said. Travel documents are still being collected and reviewed and will be part of the investigation, the aide added. Federal law generally prohibits federal employees from using appropriated funds or their official positions to lobby Congress. Kevin Mack, NLCS campaign director with the Wilderness Society, said he was unaware of the investigation. "I don't know what the investigation is about, have not been called by the IG, so I can't say anything more than that," Mack said. Both his groups work on public lands issues and are in contact with many people related to their work, Mack added. "I don't know what 'there' is there." NWF spokeswoman Jennifer Jones said the group has not been contacted by the IG's office. Interior spokeswoman Tina Kreisher said the department had no comment at this time. An inspector general spokesman could not be reached by press time. Bishop said the Interior Department should act quickly to halt any improper activities involving advocacy groups and the NLCS. He also called on employees involved in the investigation to step aside from their positions until the inspector general finishes his work. "The department must insist that any employee involved in violations of the anti-lobbying law step aside until the inspector general or the Justice Department has reviewed his or her conduct," Bishop said. "Just as the employees of the royalty-in-kind program at MMS learned, we will not tolerate misconduct by public officials." Bishop was referring to a sex, drugs and financial favors investigation of Minerals Management Service employees recently completed by the Interior inspector general, on which the full committee held a hearing yesterday (E&ENews PM, Sept. 18). Former Interior Secretary Bruce Babbitt established NLCS during the Clinton administration to grant protections to ecologically and historically valuable lands controlled by BLM. But Babbitt's designation did not codify the system, meaning a later Interior secretary could dissolve it. When the House approved a bill in April codifying it, Bishop complained the House Rules Committee blocked GOP amendments, including one by him that would have addressed the private property rights he said were threatened by what he called a "vague legislative entity." - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - If you wish to unsubscribe, reply to this e-mail with "unsubscribe" in the subject line. If you know of others who would like to receive these alerts, reply with their e-mail addresses. Please forward this message as widely as possible. It is incredibly important for you to forward this message. By forwarding the message, you can help get many thousands of copies of this e-mail distributed. Thank you in advance for your help.
Archive for September, 2008
Land Rights Network UPDATE
September 22, 2008U.S. Forest Service & Mining
September 22, 2008LET US TAKE A LOOK AT THIS STATEMENT
The Forest Service recognizes that prospectors and miners have a statutory right, not a mere privilege, under the Mining Law of May 10, 1872, the Surface Resources Act of 1955, 30 U.S.C. 611-615 (sometimes referred to as the Multiple Use Mining Act of 1955 or as Public Law 167), and the Organic Administration Act of 1897, also the Organic Administration Act of 1891to go upon certain National Forest System lands and PUBLIC DOMAIN LANDS ( “ Public Domain Lands is a subject I will cover latter “ “very interesting concept “ ) for the purposes of locatable mineral exploration, development, and production. Yes, the Forest Service fully recognize this right ! And should at all times abide by the fact that you as a miner or prospector own the STATUTORY RIGHT and are not mere guest of the government. The fact is, you pay the U.S. Government for this right each and every year! In U.S. Funds or Sweat Equity ! “ READ THE ABOVE ACT’s AND LAWS !
The Forest Service may not unreasonably or otherwise restrict the exercise of that right. Under the revised regulation, Forest Service administrators would at all times apply the test of reasonableness, in that the regulations and their administration cannot extend beyond what is needed to preserve and protect the National Forests from needless surface resource damage, “ UPON NATIONAL FOREST LANDS “
Particular consideration would be given to the economics of operations, the stage of the operations, along with other factors in applying the test of reasonableness. Such as removing timber from National Forest Lands as described in the 1872 mining laws.
( As the Mining Law of May 10, 1872 clearly states in so many words “ If more timber is needed for your mining operation you may GO OFF your mining claim ON TO FOREST RESERVE LANDS and obtain the timber needed, this is where the authority of the forest service comes into play, by definition of law! Read those words carefully
“ OPINION “ )
“Let’s Look at this a little closer”
What I have stated here in the above can and should be looked at very closely.
And I say this because your lawyer will not present the facts and Federal Judges will not allow it to be introduced in his court most likely. A Lawyer’s first duty is to that court, not you!
But there are ways I would think “ OPINION “ !
In all cases like this where your rights are in question, one should always have a good attorney, “ AS SECOND “ you must have the intestinal fortitude “ GUTS “ to represent yourself, but you need a darn good attorney to advise you and to do all the paperwork, dates and filings and whatnot.
And here is the reason I say this. When you go into a federal court room, you expect “Justus” right? well look at the word “ JUST US – JUST U.S. “ and you must always remember The Judge the Prosecuting Attorney’s “ always more that one “ and the U.S. Forest Service are all working for who? Well that answerer is easy, The Government, after all they are all paid by who? The Government. Just to give you another idea about your rights or the rights you think you have. When you first walk into that court room take a look around you “ take a darn good look at that Wonderful old United States of American Flag we all love so much and that so many have fought and died for. Take a good look it is a beautiful old flag with it’s bright stars on a blue background and those red and white stripes, but wait what is that? Gold trimmed braid? What does that stand for you may ask. Well my friends it stands for the Government “ MARSHAL LAW “ and it has been that way since President Lincoln.! This means that your Constitutional Rights mean nothing in that court. So, you ask what can we do?
Well here is my “ OPINION, as all of this is ! ”
Go through all the motions of this or any court like it, object to everything the prostituting “sorry misspelling” Prosecuting attorneys say and I mean everything, and you must be prepared to take your case to the highest court in the land, for that is the only place you have any hope of what is called Justus.
Remember “ FREEDOM IS NOT FREE! ”
“This as all my articles on subject of law and or mining law is solely my OPINION ! “
IGNORE YOUR RIGHTS AND THEY WILL GO AWAY !
http://dustyroad1.wordpress.com/
Victory for Sportsmen in Arizona
September 12, 2008Victory for Sportsmen in Arizona as Judge Decides in Favor of Wildlife Management – Wilderness Watch, Inc et al v. U.S. Fish and Wildlife Service et al 2:07-cv-01185-MHM
Listed under “Current Articles,” but undated (decision was June 12, 2008); no author provided at originating website address/URL.
From U.S. Sportsmen’s Alliance Foundation
In a major victory for sportsmen and conservationists nationwide, a federal court has ruled to protect hunting and wildlife management on an important parcel of federal land. The ruling reiterates that wildlife management takes precedent over protectionism on the nation’s National Wildlife Refuges.
Judge Mary H. Murguia of the U.S. District Court for Arizona decided in favor of the U.S. Fish and Wildlife Service (FWS) in a case brought against it by Wilderness Watch and the Arizona Wilderness Coalition.
In the suit, the plaintiffs had claimed that FWS violated the National Environmental Policy Act and the Wilderness Act by constructing and restoring wildlife watering devices on the Kofa National Wildlife Refuge (NWR). While these devices are key for the survival of bighorn sheep and other desert wildlife, the plaintiffs claimed they violated federal law.
Last year, the U.S. Sportsmen’s Legal Defense Fund (U.S. SLDF) http://www.ussafoundation.org/templates/sldfREPORT1.cfm the litigation arm of the U.S. Sportsmen’s Alliance Foundation (USSAF), moved to defend FWS and several sportsmen groups in the case.
The U.S. SLDF argued that a “Wilderness” designation does not preclude wildlife conservation.
Joining the U.S. SLDF were several other groups including: Arizona Desert Bighorn Sheep Society, Arizona Deer Association, Arizona Antelope Foundation, Foundation for North American Wild Sheep, Yuma Valley Rod & Gun Club, Safari Club International and the National Rifle Association.
“This decision establishes that conservation in a wildlife refuge does not take a back seat to the concept of an area being designated as wilderness,” stated USSAF Senior Vice President Rick Story. “Hopefully, this will prevent other efforts to prohibit active wildlife management in refuges that have been given the wilderness designation.”
The Kofa National Wildlife Refuge was established in 1939. It is home to desert bighorn sheep and an array of other wildlife species. In 1990, more than 80 percent of the refuge was designated Wilderness by Congress.
The U.S. Sportsmen’s Legal Defense Fund is the nation’s only litigation force that exclusively represents sportsmen’s interests in the courts. It defends wildlife management and sportsmen’s rights in local, state and federal courts. The SLDF represents the interests of sportsmen and assists government lawyers who have little or no background in wildlife law.
Copyright 2008, Buckmasters LTD.
Additional related reading:
Wilderness Watch, Inc et al v. U.S. Fish and Wildlife Service et al 2:07-cv-01185-MHM
This carefully researched information provided by Julie Kay Smithson propertyrights@earthlink.net Please visit http://www.propertyrightsresearch.org a place to learn about and protect your property rights.
September 10, 2008
The Department of the Interior ” Agriculture ” wishes to change the course of the stream!
http://edocket.access.gpo.gov/2008/E8-5746.htm
This proposed rule would revise the regulations for locatable minerals operations conducted on National Forest System lands. The revised rule would apply to prospecting, exploration, development, mining and processing operations, and reclamation under the Mining Law of May 10, 1872, as amended.
Now, lets just look at this statement, read it carefully.
Where are the flaws?
The flaw is ;
When the 1897 Organic Act was passed, Congress stipulated “ Mineral Lands were not to be taken into the Forest Reserves ! ( Read it )
http://www.cfr.washington.edu/classes.common/comweb/Case%20Studies/usa/yellowstone/yellowstone/Project1/Yellowstone_Docs/ORGANIC%20ACT%20OF%201897.pdf
And please note page 2, third paragraph.
No public forest reservation shall be established, except to improve and protect the forest within the reservation, or for the purpose of securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States; but it is not the purpose or intent of these provisions, or of the Act
providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes.
In talking with a Mr. Gerald Wilson, the Forest Service Historian, Washington D.C. I brought this to his attention. Mr. Wilson replied that all land is mineral !. “ think about that for a moment before you laugh.” because his statement is correct, BUT, I advised Mr. Wilson that we were not talking about all land, we were talking about mineral lands that the 1897 Organic Act referred to and that would be designated mineral lands. Designated by Congress and the miners who had or would file these lands as mineral lands, legally and in accordance with the 1872 mining laws.
Now, this is done in one or two ways;
By filing a Mining District, or filing a lone mining claim ! In accordance with the Mining Laws of May 10, 1872. and if the 1872 mining laws are followed to the letter, then by definition, and by Congress, they are mineral lands and can not be part of the Forest Lands!
And by the same Act and the Act of MARCH 3, 1891 ( 26 STATS., 1095 ) RULES AND REGULATIONS GOVERNING FOREST RESERVES .
1897 CIRCULAR P. DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE Washington, D. C., June 30, 1897 OBJECT OF FOREST RESERVATIONS
States;
3. It is the intention to exclude from these reservations, as far as possible, lands that are
more valuable for the mineral therein, or for agriculture, than for forest purposes ; and
where such lands are embraced within the boundaries of a reservation, they may be
restored to settlement, location, and entry.
Ok, again if this statement is true then lawful mineral lands are not Forest Service Lands, BY POSITIVE LAW.
Now you and the U.S. Forest Service may claim, that these are antiquated laws.
And you would be correct ! Except for one thing, they are still Congressional Law!
The Organic OF 1897 [PUBLIC--No.2.] was passed by Congress there was a stipulation which reads;
All public lands heretofore designated and reserved by the President of the United
States under the provisions of the Act approved March third, eighteen hundred and ninety-one the orders for which shall be and remains in full force and effect, unsuspended and un-revoked, and all public lands that may hereafter be set aside as public forest reserves under said act, shall be as far as practicable controlled and administered in accordance with the following provisions.
Paragraph 2 page 2.
Now if you are still in doubt you may want to check all of the cases that are brought before the Federal Courts, that pertain to mining, or where the authority of the Forest Service comes into question, there you will find that they claim that they get the authority from both of these acts. 1891 and 1897.
And if they are claiming this as fact, then they are also admitting the fact that they do not have any control over mineral lands!
These acts are clear and leave no wiggle room as to the Congress intent.
6. The law of June 4, 1897, for forest reserve regulations also provides, that
The jurisdiction, both civil and criminal, over persons within such reservations shall not
be affected or changed by reason of the existence of such reservations, except so far as
the punishment of offenses against the United States therein is concerned; the intent and
meaning of this provision being that the State wherein any such reservation is situated
shall not, by reason of the establishment thereof, lose its jurisdiction, nor the inhabitants
thereof their rights and privileges as citizens, or be absolved from their duties as citizens
of the State.
Now if we look at this and understand way these laws were written and passed by Congress; it becomes quite clear that as a miner, you can not go off your mining claim “ ON TO NATIONAL FOREST SYSTEM LANDS “ and commit a crime against the U.S. Government, meaning you must abide by all National Forest Rules and Regulations, while on National Forest Lands. consequently, this means they must also respect your rights and the laws. you must remember, you are by law an in-holder not just a mere guest of the Government.
Just as I have said before “ I am not a lawyer “ it is not my intent to practice law or give advice, but merely to try and understand it !
And give my OPINION !
I will talk more on this in the next issue of these articles!
Jerry Fennell
