Public Lands for the People will be back in court Wednesday, January 20th at 8:30 a.m. to present oral arguments for the last 2 causes of action in front of Judge Gilbert Ochoa. Commonly referred to as the “CEQA case”, these arguments center on the State of California’s violation of the Administrative Procedures Act. The New 49’ers and Western Mining Alliance are partners with PLP in this action and will be present in court as well. Judge Ochoa has latitude to issue a ruling at the time of oral arguments or defer to a later date.

In 2015, Judge Ochoa ruled in the miner’s favor on the issue of Federal Preemption and that as a matter of LAW and in actual FACT, that the State’s “extraordinary scheme” of requiring permits then refusing to issue them is an “obstacle to the full purposes and objectives of Congress”. PLP will defend this important court victory at the appellate level against the State when necessary.

Court Information

Where:
San Bernardino Superior Court (Judge Gilbert Ochoa)
When:
Wednesday, January 20th, 8:30 a.m.
Address:
247 West Third Street San Bernardino, CA 92415-0210

Thank you very much,
PLP Board of Directors

The Gold Prospectors Association of America will be holding their annual Gold and Treasure Shows starting Feburary 20th in Pomona, California. Public Lands for the People is scheduled to be on hand at every Gold and Treasure Show this season. It is a thrill to see familiar folks at these events, and a pleasure to meet new ones. Please attend one of these shows, stop by the PLP booth and say hello.
GPAA Gold and Treasure Show Schedule

Thank you very much,

PLP Board of Directors

Minerals & Mining Advisory Council Year End 2015 Progress

MMAC is now releasing the rev 40 of the Mineral Regulatory Reform Act proposed bill.  It incorporates the concerns of miners from the past end of summer submissions.  We have removed the notion that MMAC or the Mining Districts would become an agency beholden to any U.S. President.  Instead, the bill expands, clarifies and empowers the Mining District’s role as arbiter of reasonable regulations.  MMAC has struggled over the fact that the Mining Districts could have liabilities if they were strictly rule makers and that is why we were previously leaning towards an agency status in order to give the Mining Districts qualified immunity.  The Mining Districts acting as arbiters of reasonable regulation place them squarely within a judicial capacity invoking immunity.

The www.mmacusa.org website has been clarified and upgraded to show the progress of MMAC and PLP.  The new rev 40 of the MMAC bill is available on the site for download.   A large database of traditional Mining District bylaws are forming on the website for the miners to download.  Scott Harn with the ICMJ is taking the lead in breaking hundreds of Mining District bylaws down by State and County level.

The challenge MMAC is having right now is creating a cost effective database in order to contact claimholders via e-mail or phone regarding the MMAC bill or notifications of Mining District elections.  Presently, we have a joint proposal to the Western Mining Alliance to fill this need and who already have this database.  BLM’s LR2000 only has names and addresses.  We are also hopeful that Joe Martori (when he can break loose of his busy schedule) can set up a teleconference in January with the MMAC regional administrators so these boots on the ground have instructions and can lift some weight off of the rest of us.

Feel free to post this and send this to other miners interested on where MMAC is right now.

Background information on MMAC’s objectives can be found by reading Miners Making the Rules and Regulations.

If you are not getting responded to by the MMAC website and need more info call (530) 273-0420 until such time MMAC administrators contact numbers are made available on the MMAC website.

Those organizations that wish to partner with MMAC and that share MMAC’s objectives are asked to contact us.

-Clark Pearson, Interim coordinator for MMAC

The Annual PLP Christmas Party will be held on December 17^th at Keene Engineering, 8940 Lurline Ave, Chatsworth, CA  91311. The party kicks off at 7:00 p.m., and everyone is welcome.

Attendees are encouraged to bring a wrapped gift with a value of at least $10 which will be included in our raffle present giveaway. PLP will be donating several gifts as well, and Pat Keene promises to put some very nice presents under the tree.

This casual but very social event will offer catered sandwiches and beverages courtesy of Keene Engineering. As always, Barry Wetherby will be supplying his famous champagne punch. Since this is a potluck affair, you are welcome to bring a side dish or dessert.

The PLP Board hopes you can attend this annual affair. It is an excellent way to catch up with friends and establish new contacts. You can listen to the latest updates concerning our court cases and ongoing projects, as well as learn what lies ahead in 2016.

If you have any questions, please send us an email at: info@publiclandsforthepeople.org

We hope to see you there,
PLP Board of Directors

MEDIA RELEASE

Public Lands for the People

FOR IMMEDIATE RELEASE

Monday, Nov. 23, 2015

The following is a media release issued by Public Lands for the People, a national non-profit organization based in California:

CEQA court case settlement to cost taxpayers $350,000

Public Lands for the People has recently learned that the state of California has offered to pay $350,000 to a coalition of environmental groups, including the Karuk Tribe and Center for Biological Diversity, to drop a lawsuit over the California Department of Fish & Wildlife’s 2012 suction dredge mining regulations.

The case centers around a flawed study under the California Environmental Quality Act, which requires state and local agencies to identify significant environmental impacts and to avoid or mitigate those impacts, if feasible. The court battle, known in mining circles as the CEQA case, involves two separate lawsuits:

The Karuk Tribe, Center for Biological Diversity, Environmental Law Foundation, Pacific Federation of Fisherman’s Associations and Friends of the River allege that the regulations adopted in March 2012 were not developed in accordance with the California Environmental Quality Act, fail to mitigate identified impacts and are inconsistent with existing state law. The case was filed April 3, 2012 in Alameda County Superior Court.

Meanwhile, Public Lands for the People also sued the state, alleging that the Subsequent Environmental Impact Report, which was based on reports from Horizon Water and Environment, a consulting firm based in Oakland, Calif., was improperly and unlawfully conducted and therefore rendered skewed, unscientific findings.

“The 2012 dredging regulations were based on bad science from a deeply flawed environmental report,” said PLP President Walt Wegner. “The SEIR results were used to prop up the case for far more restrictive suction dredge mining regulations because of pressure from these environmental groups.”

The SEIR study claims that suction dredge mining has several “potentially significant impacts” on the environment, even though all previous studies had concluded that dredging causes a “less than significant impact,” Wegner said.

“How does this drastic change in study results happen overnight? The study is bogus and heavily influenced by politics—not science,” said Wegner. “And, now after years of battling the CEQA case, these environmental groups have decided to take the money and run, leaving California taxpayers on the hook for $350,000.”

PLP Attorney James Buchal said it’s a shame that state taxpayers will be stuck with the tab, again.

“It is regrettable that once again the state of California has decided to shovel hundreds of thousands of dollars in fees to entities working to cripple the state’s natural resource economy. To make matters worse, the state agreed to pay that money and allow the tribe and its allies to dismiss their claims without prejudice, meaning they could bring them all over again for a second payoff,” Buchal said. “The Karuks are done; they’ve settled. The state and the tribe have agreed to it, and at this point I think it’s just a pro forma approval by the judge, and the money will be paid.”

PLP’s CEQA case is expected to proceed Jan. 20 in San Bernardino County Superior Court.

“With the tribe dismissing its claims,that leaves only the miners claiming that the environmental analysis of the 2012 regulations was defective. But, what gives this a sort of surreal and Kafkaesque quality is that back in January the judge ruled that the regulations are unconstitutional anyway,” Buchal said, referring to another dredging case heard by California Superior Court Judge Gilbert Ochoa.

Ochoa ruled in January 2015 that the federal Mining Law of 1872 pre-empts the state ban on dredging under the Supremacy Clause of the U.S. Constitution, which states that federal law supersedes state law. The ruling was deemed a win for miners, however the state continues to cite dredgers and has refused to issue dredging permits to miners.

Clark Pearson, northern director for PLP, said the CEQA case settlement wreaks of cronyism and corruption between the state and environmental groups.

“It doesn’t pass the smell test,” Pearson said. “This was a sweetheart lawsuit … so basically they were paid off to drop the case. Do you think the same offer will be made to miners? I highly doubt it. No offer has been made to us, and we are the prevailing party. We should be entitled to attorney fees.”

Suction dredge mining has been banned since 2009 in what began as a two-year moratorium imposed under Senate Bill 670, and extended under various legislation.

“That so-called moratorium has become a de facto ban, which is unconstitutional—and small-scale suction dredge miners are paying the price,” Wegner said. “The state has crippled the local economies of many mining towns in California, and is actually making the mercury problem worse. Contrary to the propaganda from some environmental groups that it may harm fish, dredging not only removes mercury and lead from California streams and rivers but it cleans hard-packed, silt-covered gravels that salmon and other fish need to spawn, and it also improves fish habitat by creating refugia.”

Sue-and-settle cases

Friendly lawsuits, or sue-and-settle cases, have been the subject of investigations in Washington, D.C. In fact, the Center for Biological Diversity is listed as fourth on the list of most frequent environmental group plaintiffs in sue-and-settle cases in a 54-page report, “Sue and Settle, Regulating Behind Closed Doors,” published by the U.S. Chamber of Commerce in 2013.

U.S. Chamber of Commerce “Sue and Settle, Regulating Behind Closed Doors” report: https://www.uschamber.com/sites/default/files/documents/files/SUEANDSETTLEREPORT-Final.pdf

The Karuk Tribe is based in the northwestern corner of the state in Humboldt and Siskiyou Counties and has opposed suction dredging mining along with environmental groups, such as the Center for Biological Diversity.

Public Lands for the People is a 501[C](3) nonprofit corporation whose mission statement is “to represent and assist outdoor user groups and individuals interested in keeping public and private lands open to prospecting, mining and outdoor recreation through public education, scientific data and legal means.”

NOTE: (Kafkaesque refers to Franz Kafka and his novels about arbitrary bureaucracy.)

For more information, contact:
PLP President Walt Wegner
Phone: (818) 887-5970
Website: www.PublicLandsForThePeople.org
Email: info@publiclandsforthepeople.org

Public Lands for the People
20929 Ventura Blvd., Ste. 47-466
Woodland Hills, CA 91364

Public Lands for the People is a 501(C)(3) Nonprofit Corporation: #95-4521318 & 1880483

PLP would like to bring you up to date on the Minerals and Mining Advisory Council (MMAC) meeting with General John F. Kelly, USMC Commander, U.S. Southern Command, and Howard “Buck” McKeon, former Chairman of the Armed Services Committee.

This meeting took place Friday, November 6^th, 2015 where the parties discussed MMAC’s new proposed legislation “Minerals and Mining Regulatory Reform Act a Clear Path Respecting Mining Rights”. PLP and MMAC are in negotiations with the McKeon Group LLC to have the firm deliver the MMAC Bill to the House and Senate Floor as soon as possible. Also present at this meeting was MMAC Counsel Bill Jensen, PLP Board Member Pat Keene, PLP President Walt Wegner, and MMAC Founder Joe Martori.

PLP’s primary responsibility in its association with MMAC is to administer the donations received on MMAC’s behalf. We are supporters of the MMAC mission to pass legislation to put miners on equal footing with other Federal agencies and have miners control their destiny within the organized mining districts. Even with our MMAC involvement, PLP’s primary energy will continue to focus on our ongoing court litigation and the interests of our members.

It is critical for our community at large to donate in order to move this process forward. By clicking on the link below you can:

Learn more about MMAC’s mission.
Review key documents of interest. 
Contact a MMAC counsel with questions you may have. 
Learn how you can donate to support this legislation. 

MMAC FUNDRAISING CAMPAIGN 

Thank you very much,
Walt Wegner
President, PLP

A few selected photos taken at the McKeon Leadership Forum November 6, 2015 at College of the Canyons in Valencia Ca. featuring General John F. Kelly, USMC Commander, U.S. Southern Command:

The PLP/MMAC team with Chairman Buck McKeon discussing the new proposed legislation “Minerals and Mining Regulatory Reform Act a Clear Path Respecting Mining Rights”.

The PLP/MMAC Team at the McKeon Leadership Forum. (L-R) Walt Wegner, Pat Keene, Joe Martori, and Bill Jensen.

The PLP/MMAC Team with Morris Thomas, Regional Director of The McKeon Group LLC.

Members of the PLP/MMAC Team with Howard “Buck” McKeon (center) and General John F. Kelly.

Dave Fjeld, who was very active in Mizzouri prospecting, passed away June 12th, 2015. His wife, Carolyn, set up a memorial fund in Dave’s name to raise funds for PLP. You can read the full text of the article detailing Dave’s memorial fund by clicking Over the Divide.

Most good things in our lives are about the people around us. This memorial is about Dave’s family and friends. PLP wishes to thank Carolyn Fjeld, the entire Fjeld family, and all the donors who are listed below:

William Mathein                                                          Barbara Meyer

Donna Daniels                                                            Harvey Walden

Carol Smith                                                                Jeffery & Rhonda Larma

Dave & Betty Gilliland                                                  Robert & Maureen Riordan

Carl & Mary Anna Wolf                                                Nina Thomas

John & Andrea Bargiel                                                 Doug & Emily Schrader

Below is the Press Release from Mineral and Mining Advisory Council (MMAC) outlining their campaign to raise funds for the introduction and eventual passage of a Congressional Bill that will protect Public Land access and mining rights.

It is important that you take some time to understand MMAC’s Purpose and goals by visiting their website. There are links to important MMAC documents at the bottom of this press release that should be investigated as well. In addition, a contact number is provided for any additional questions you may have.

It is critical for our community at large to donate now in order to move this Bill into Congress.  -PLP Editor

This is a fund raising effort for all Americans to recover and maintain their Public Land rights. The Mining Industry and related support businesses will benefit, along with individuals who support prospecting, logging, ranching, off-roading, hunting, fishing, hiking, mountain biking and camping. This Bill protects every American’s right to explore and enjoy the great outdoors.

DONATIONS ARE REQUIRED TO FUND AND INTRODUCE AN HR BILL, WRITTEN BY MMAC TO PROTECT OUR RIGHTS TO ACCESS PUBLIC LAND; WITH AN EMPHASIS ON MINING AS A MATTER OF NATIONAL SECURITY, PROTECTED UNDER THE NATIONAL DEFENSE AUTHORIZATION ACT.

THIS PROJECT NEEDS YOUR PLEDGE BY JANUARY 31^st, 2016 FOR A SUCCESSFUL VOTE BY JUNE 2016

This Bill re-establishes Public Land access for all Americans. It re-establishes an Industrial Mineral & Mining Supply Chain for manufacturing in support of domestic & military requirements, something America has not seen since the turn of the 20^th century.

This fund raising effort will be used to support the contract with The McKeon Group, LLC. The McKeon Group will make recommendations for improvements to the Bill, locate Congressional sponsors and prepare the Bill for Congressional submission & Committee by January 31^st, 2016.

The McKeon Group, LLC, is operated by former Congressman Buck McKeon, who was the last Chairman of the Armed Services Committee. The McKeon Group will guide the Bill through introduction, sponsorship and marketing, in addition to creating a companion Bill for the Senate.

This Bill eliminates overlapping laws, rules, and regulations which restricts Public Land access and cripples the mining industry. In addition, this Bill will support all other industries and activities.

 IN SUMMARY:

All donations are tax deductible, and all donations will be used to retain the McKeon Group.
This Bill will open floodgates to create millions of new long-term high paying jobs.
This Bill rids the United States of overlapping laws, rules, and regulations so businesses can operate without fear.
This Bill will benefit all industries and will bolster the economy, especially rural America.
Key Presidential candidates are being asked to back this Bill.

PUBLIC LANDS FOR THE PEOPLE (PLP) IS A 501(c)(3) CORPORATION WITH A 25 YEAR HISTORY FIGHTING FOR PUBLIC LAND ACCESS AND MINING RIGHTS. PLP IS READY TO ACCEPT YOUR TAX DEDUCTIBLE DONATION TO SUPPORT THE INTRODUCTION OF THE MMAC HR BILL.

TO DONATE VIA CREDIT CARD (NON PAYPAL USERS)

Navigate to www.publiclandsforthepeople.org/join/.
Under Donate to PLP, insert your donation amount in the box.
Click the Donate button. Under Don’t have a PayPal Account, click Continue.
Fill out your information, then click Review Donation and Continue.
Click on Add Special Instructions to the Seller. In the box, type in MMAC HR Bill.
Click the Donate button at the bottom.

TO DONATE VIA CREDIT CARD (PAYPAL USERS)

Navigate to www.publiclandsforthepeople.org/join/.
Under Donate to PLP, insert your donation amount in the box.
Click the Donate button, then log into PayPal.
Click on Add Special Instructions to the Seller. In the box, type in MMAC HR Bill.
Click the Donate button at the bottom.

TO DONATE VIA CHECK

Make your check out to Public Lands for the People.
On the memo line, write MMAC HR Bill.

MAIL YOUR CHECK TO:

Public Lands for the People
20929 Ventura Blvd. Ste 47-466
Woodland Hills, CA  91364

IF YOU HAVE ANY QUESTIONS, please go to the MMAC website: www.mmacusa.org
OR CALL: 530-273-0420.

ADDITIONAL MMAC DOCUMENTS:

Declaration of Miners
Miners Making the Rules and Regulations
MMAC & PLP Update
Organize Your Mining District
Power of the Mining Districts