Archive for the ‘MINING’ Category

How to Fix The Economy

April 12, 2009

How to Fix The Economy
This was an article from the St. Petersburg Times Newspaper on Sunday. The Business Section asked readers for ideas on “How Would You Fix the Economy?” I thought this was the BEST idea….I think this guy nailed it!
Dear Mr.??? President,
Patriotic retirement:
There are about 40 million people over 50 in the work force – Pay them $1 million apiece severance with the following stipulations:
1. They retire immediately. Forty million job openings – Unemployment fixed.
2. They buy NEW American cars. Forty million cars ordered – Auto Industry fixed.
3. They either buy a house or pay off their mortgage – Housing Crisis fixed. It can’t get any easier than that!
P.S. If more money is needed, have all members in Congress pay their taxes…

It is of my opinion;

February 13, 2009

It is of my opinion; that;
# 1 By requirement of the United States Constitution, Article 2, Section 1, no one can be sworn into office as president of the United States without being a natural born citizen;
This country we call THE UNITED STATES of AMERICA, is and will for ever be in great danger if this question is not answered and quickly.
I am neither for or against Mr. Obama being President of these United States, if he meets the requirements of OUR Constitution.
If Mr. Obama meets these requirements, and I say if.
Why is he and his brigade of attorneys denying the American Public of proof of his legal RIGHT to be President.
He so far has spent millions of dollars to keep us from knowing the truth.
I for one am for GOD and Country !
But I noticed that when Mr. Obama was sworn in as President, it was by a Judge who in conflict of interest.
As he was to hear the case against Mr. Obama !
The Judge made mistakes in swearing in Mr. Obama that made the swearing in null and void as it clearly states that this must be done in the right and correct language for swearing in a new President.
Due to this, his swearing in was redone again, BUT, it seems that no one in Washington could find a Bible.
Due to this fact, to me, he is still not my President and until he proves he is under the Constitution of the United States of America a natural born citizen;
And takes the office in the proper manner, as has all American Presidents before him.

That’s my story and I am sticking to it !
And may ” GOD BLESS AMERICA AGAIN “

http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550

Letter to Mr. David A. Ridenour

November 27, 2008

Mr. David A. Ridenour
I am deeply concerned about the fate of this country, I can not help but remember the words of Nikita Sergeyevich Khrushchev when he made the statement “ We will take the United States and never fire a shot. “
These words were burned into my mind, but I did not know why. This was in the 1960’s, I then began watching the Environmental Groups in the 1970’s and have watched them pretty close ever since. I have watched how they have grown and what they have grown into.
If one follows their beginning to now it would make one think, “ Is this what was mint by those words spoken many years ago by “ Nikita Sergeyevich Khrushchev “

The thing that makes me wonder is this.
All the Environmental Groups are all well funded, well organized, and all are against everything this country stands for, or should I say stood for, and against everything that made this country great. They have pulled the wool over many Americans eyes.
They have put people in very key positions throughout this Country, Collages, Lawyers, Senators, Congressmen, Judges, and now perhaps even President.
We are or may have already lost our Country, to these people, and all I can say is how do we fight it, how can we beat these people and save the United States of America, when so many are misinformed and divided. Why can’t WE THE PEOPLE of this great America see what they are doing to us. And stand up and say to them “ NO MORE, WE ARE TAKING OUR COUNTRY BACK! “
Thank You
Jerry Fennell

WHAT NOW-A COW TAX- THIS IS B.S.

November 23, 2008

11/14/2008 Contact: Ken Hamilton, Executive Vice President, 307-721-7712, khamilton@wyfb.org

Cow tax proposal would threaten agriculture viability

“With the economy in bad shape and the possibility of a deep recession looming, the Environmental Protection Agency is proposing to levy new taxes—on cows and pigs,” American Farm Bureau Federation Director of Regulatory Relations Rick Krause told Wyoming Farm Bureau members at their annual meeting.  Krause spoke in Sheridan on Nov. 7.

“This is no laughing matter,” Krause said.  “The cow tax and the pig tax are parts of a larger scheme by the Environmental Protection Agency (EPA) to regulate greenhouse gases under the Clean Air Act.”

“Under the proposal, if a state charged the “presumptive minimum rate” from the EPA, the cow tax would be $175 per dairy cow, $87.50 per head for beef cattle and a little more than $20 per pig,” Krause explained.

Krause explained that the U.S. Department of Agriculture says that a producer with more than 25 dairy cows, 50 beef cattle or 200 hogs would emit more than 100 tons of carbon and be subject to the permitting requirements.  “These thresholds would impact 99 percent of dairy producers, over 90 percent of beef producers and 95 percent of hog producers in the United States,” Krause stated.

According to Krause, the EPA has issued an Advanced Notice of Proposed Rulemaking in preparation to regulate automobile greenhouse gas emissions under the Clean Air Act (CAA).  “The regulation of automobile emissions automatically initiates other provisions of the CAA,” Krause explained.  “One of those provisions requires permits from anyone who emits more than 100 tons of a regulated pollutant per year and there are millions of sources that emit more than 100 tons of carbon.”

The Title V permits, that are essentially a cow and pig tax, are supposed to contain provisions designed to reduce or eliminate the emissions of the regulated pollutant.  “Cows and pigs methane emissions come from natural and biological processes,” Krause stated.

“The economic costs to producers from the cow and pig tax would be great and could cause the cost of beef, pork and dairy prices to rise,” Krause continued.  “The cow and pig tax would impose severe penalties on livestock producers in the United States without effectively reducing greenhouse gas levels in the atmosphere.”

The comment deadline for the cow and pig tax is Nov. 28.  Visit www.wyfb.org to find the link for information.

In other national issues, Krause addressed endangered species issues, including the wolf.

“I remember back in 1993 we were talking about how they will continue to change the numbers of wolves required,” Krause said.  “Unfortunately, our assumption was accurate and even though there are five times more packs than needed for recovery, it has come down to a federal judge in Montana.”

“They are arguing there is no genetic exchange,” He said.  “Well, the whole reason in the first place they were introduced is because they could not get here on their own.  How are you going to have genetic interchange?”

“So what are we going to expect from the Endangered Species Act in the next four years?” Krause asked.  “While only time will tell, we can expect no amendments to the ESA as those who are opposed to common sense management will work to keep it as is.”

The Wyoming Farm Bureau Federation is the state’s largest general agriculture organization.  Members work together from the grassroots to develop agricultural policy, programs and services to enhance the rural lifestyle of Wyoming.

-FB END-

U.S. Forest Service & Mining

September 22, 2008

LET 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/

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

Historic Jicarilla Mining District

August 9, 2008

Historic Jicarilla Mining District
News Letter

?
Hello Everyone
Well it has been an interesting year, and there is a lot to report !
So this may be in three parts.

First off, as you all know the DEADLINE DATE to file your small miners waiver form is near.
The DEADLINE is September 1st. at noon, this form must be received by BLM office NO LATER than NOON, or Postmarked prior to the deadline.
If you do not have the proper form please contact me and I will e-mail one to you.

Also the deadline for filing your Assessment Work Form is December 31 2008.
I also have these forms if you need them.

The BLM has always been wonderful people to work with, but if you miss the deadlines then you will have no choice but to re-file your claims or lose them.

Now to a lighter side.
Sue and I have been very busy the last two weeks, and it has proven to be very productive.
We just returned last night from a two week trip where we visited Colorado, Utah, Arizona, and parts of New Mexico. We had meetings with several miners and many who were not miners but were very interested.
We also had meetings with numerous officials of the Bureau of land Management and U.S. Forest Service. Our thanks go out to all of these people for being so receptive to our meeting.
We also had the opportunity to be on a local radio talk show and I must say the people were very receptive to our needs. We also plan to talk to them again via telephone on occasion.

The weather here and in Jicarilla has been blessed with a good amount of rain.
So the placer mining should be really good this year.
Gold has dropped some but as I have predicted before it will rise again.
As soon as I get some much needed rest I will send out other reports.

GOOD LUCK GOD BLESS AND MAY ALL YOUR PANS BE FULL !

Jerry Fennell
Chairman
Jicarilla Mining District

IGNORE YOUR RIGHTS AND THEY WILL GO AWAY !

8-10-08

Historic Jicarilla Mining District
News Letter
PART 2
Hello again
To continue the updates of our trip I am in hopes that it will not be too boring, or offensive to anyone.
But as always I have a habit of telling things as I see them, this does not mean that I am always right, for many times I am not. But I am always willing to stand corrected.

Sometimes we as people are caught up in our own little world, as I have been for the last 30 years or so.
This trip has brought to light for me many things, and I hope to share them with you here.

THE TRIP

I had been looking forward to this trip for quite sometime as I had not really been anywhere more than two hundred miles away from Jicarilla, N.M. in many years.
The trip was pretty dull for me until we got passed Santa Fe, then I began seeing country that I had never seen before.

We spent the first night in Espanola N.M. and the next day we visited several people who lived there. And talked to them about mining and the environment.
Here I must say that we met some of the most wonderful people, as we did throughout the entire trip.

As we headed North by North West we decided to take the back roads as this is where you can see the real America.
We traveled through many small towns dotted with farm land, hay crops, corn, grain, and dotted with horses and cattle. To me it was a true feeling of what America stands for, and what really makes up this great country we know as America.
We stopped many times along the way and talked to many of the people of these rural towns, and communities.
All of which were hard working people, as it was plain to see, by their callused hands, but warm hearts.
It was not long before I discovered that this trip was a history lesson in the making.

The second night we stopped in a small town called Saguache Colorado, where we were invited to park our fifth-wheel in the local Catholic Church parking lot.
The next morning we discovered we had a bad tire on the camper. But this little Town had no repair shop. The lady at the connivance store got on the phone and called everyone in Town until she found a man who kept the local school busses in repair. And he was willing to change the tires for us. As he had an air compressor to break the lugs loose, which had been put on way to tight.
I  for one would like to revisit this little Town if ever I get the chance.

On our way we traveled through the Rio Grande National Forest, La Garita Mts. through North pass 10,149 ft. and the Gunnison National Forest, the San Juan National Forest and many others. For a time we made our home base in Montrose Colorado.
From here we could make most of our meetings within a few hours drive.

I will make an attempt tomorrow to complete the rest of the story.

THE MEETINGS

Jerry Fennell
Chairman
Jicarilla Mining District

PS:
If by chance anyone failed to get the first part of this news letter and would like to get it please contact me and I will send it to you.
If anyone would like to be removed from the mailing list please contact me by hitting reply and put remove in the subject line.
Thank You

Historic Jicarilla Mining District
News Letter
Part 3
Hello Again
As I stated in part 2 of the news letter, this trip has been a history
lesson and very productive learning experience. Not only for myself but
for many.
I hope to explain this statement within this letter.

I had the pleasurable experience of visiting many of the old, so called
ghost towns and mining camps. I found that although many of these Towns
were just quaint little Towns nestled in the remote back country. Others
are flourishing boom Towns again.
But they all have the same thing in common “ Valuable Minerals “ which
are still being mined today. Most are mined by the small miner, pick and
shovel type operations.
Whether it is called “ Casual Use “ “ Recreational “ or other terms, it

means the same. It means freedom! Freedom to pursue your rights granted
by Congress. Freedom in the pursuit of happiness ! “ FREEDOM “ is this
not what America stands for?

I could not help but notice throughout my trip that these other States
have erected stone and brass plaques monuments dedicated to the memory
of the men and woman who were brave enough to settle the Western United
States, also to the mines and miners who endured many hardships to make
this country rich and great.
Being a miner myself it gave me a good feeling to see that miners were
at least at one time appreciated for what they contributed to this great
country.

In my meetings with many of the top officials in the US Forest Service
and Bureau of Land Management I found an overwhelming interest in the
fact that they all had a great attitude concerning the rights of the
miners and prospecting.

First let me say, I have studied the Mining Laws, BLM Manuals and US
Forest Service Regulations for many years, and know most of them by heart.
And I was very impressed while in one of our meetings there was a man
who was not happy with someone who had filed a mining claim close to his
property.
I sat and listened to one of the Geologist, as he calmly explained the
mining laws and regulations to the man. For about half an hour the
Geologist answered the mans questions in accordance with the laws.
Needless to say the man was not really all that happy, but did
understand that the miner did have a right to file the claim, and did
have the right to work the claim, just as he would have the same right
if he himself had filed the claim.

Once I knew that I was in a meeting with people who not only knew their
jobs, but also knew the mining laws, it became an enjoyable experience.
I would like to thank all of them for taking time for our meetings it
was very educational for me and a great experience.

I would also like to express my thanks to the State of Colorado BLM and
US Forest Service for their work on the Forest in that State. The Forest
were clean, the rivers were clean, the roads were clean, we saw little
to no trash anywhere within the State of Colorado where we traveled.
GOOD JOB TO YOU ALL.

I may write more later, but for now I have a lot to do.
Thanks to all and remember, KNOWLEDGE IS POWER!

“ IGNORE YOUR RIGHTS AND THEY WILL GO AWAY “

Thank You
Jerry Fennell
Chairman
Jicarilla Mining District

About Myself

June 15, 2008

Hello
Just a little about myself.
I have been a small scale “ GOLD “ miner for many years. I own several small 20ac. mining claims in New Mexico.
I have studied the 1866 and 1872 mining laws rules and regulations and traced the beginning of mining in what is known as the Western United States today.
Many people do not understand or wish to understand the importance of even the smallest mining operation in the U.S.!
There are so many misconceptions of the mining industry published widely on the internet and TV.
I hope that I can give my readers the truth about the mining industry and dispel some of the myths and outright lies being published today.
And show the great importance mining plays in our everyday lives.
Truth is;

“ If it is not grown or mined, we don’t have it ! “

IGNORE YOUR RIGHTS AND THEY WILL GO AWAY !