New Jefferson Mining District Boundary Established

Next JMD meeting is at Pottsville, Merlin, Oregon. Potluck at 6:00 PM, meeting starts at 6:30 PM. See Meetings for details.

Next SWOMA Meeting: Next to Josephine County Adult Community, Grants Pass, Oregon, at 3rd and C Streets. Potluck at 6:00 PM, meeting starts at 6:30 PM. See Meetings for details.

Anti-Mining Legislation Alert! WE NEED ORGANIZED HELP TO SAVE OUR PROPERTIES Send Comments Opposing Oregon ANTI-PROPERTY ANTI-PROTECTION ANTI-PRODUCTION Bills. Contact JMD To Help Us Help You Help EVERYONE.

SWOMA will be at the Josephine County Fair where you can find out how to pan for gold and learn more about the real values mining brings to your everyday life.


BREAKING NEWS: Preparatory to judicial proceedings which might be taken by Jefferson Mining District or, independently or in conjunction, by grantees, were the State of Oregon to pull back the hammer of the gun it points at the heads of private property possessors or real producers, and to lay the foundation for remedy, Jefferson Mining District has served upon the State of Oregon Legislature, and others aiding and abetting, a
 Notice and Demand to Cease and Desist.


  ANTI-Mining PROPERTY Legislation ALERT!

  Legislative Comment Guide  

ATTENTION: Miners & Other Property Owners:

We Need You To Comment.
Send During Comment Window!
See guide for the very particular HOOPS the legislature wants you to jump through.
Filing window appears a bit more relaxed. Make sure to make a follow up call to confirm you comment was placed in the committee record for meeting materials.
Do not hesitate to complain about any bureaucratic dog and pony show HOOPS obstruction to your public comment.
Send During Comment Window!
We Need You To Protest the theft of your water and mineral extraction rights:

To any wrongful Bill all you need to do is write an email sent to the staff of the committee the bill is scheduled before that says: 
For the Public Record.
I OPPOSE Bill No. ##. It will adversely affect my property and rights.
[if available add any other reasons in law that make the bill wrong.]
 // name// date// address //

SEND PROTEST!


JMD to Oppose HB 2841 Promoted as a miner's bill to guarantee consultation. It does not. Read the Warning below and the Comment to be filed. More importantly read the actual Bill. Do not take merely accept what you are told.

WARNING: In the opinion of JMD, the "mining rights" legislation proposed to date are no good. These are merely bones thrown to subdue miners out of their voice and opposition. Do not be suckered into believing anyone today knows mining law better than Congress in 1865 to 1872. The so-called Miner's Right to Work bill is a FAIL; We're not mere workers, We're grantees in possession. Any mining rights bill suggestion this session, such as the bill to guarantee consultation appears to be a FAIL.
The only thing property possessors need is the existing law be respected, insuring once again we are left alone to enjoy our property in peace, as the Mining Law was intended to provide.
JMD To File Opposition to HB 2841 which already unanimously passed the House and is now before the Senate Natural Resources Committee. This shows the dangers of representatives and miners that do not sufficiently know the law of the mineral estate. JMD offers a solution to bring even the existing statute more into compliance with the Mining Law.

More Legislative Plunder:
HB 3337 More A-21, i.e., Sustainable Development stealing your way if life. Where Rocks have more rights and you have none. Tied to SB 839.
PULLED from Work Session as of 05/15/13.

JMD HB2259 OPPOSITION COMMENT FILED:  PASSED
Granted Public Necessity
Oregon Water Resource Board's HB2259 Returned to Committee

Increases limited license from $250.00 to $350.00 for high-banking/GRANTED water.

(at the request of Governor John A. Kitzhaber, M.D.,)
Referred to Agriculture and Natural Resources with subsequent
referral to Ways and Means, directed back to the OWRD, then ANR.

Thank you to Bob Stumbo and Tom Quintal for your oral testimony.
Chairman Rep. Brad Witt requested the department resolve the water grant issues and get back to Rep. Witt with the results, requested miners to meet with ODOWR Director. JMD will tenaciously protect the 1866 water grant for all appropriators. We need your help.

UPDATE: After the meeting with the OWRD agency, Attorney General Assistant could not produce valid interpretation of the law to provide OWRD subject matter authority over the extent of the proposed legislation. No authority was provided to charge a fee to maintain a water rights. Oregon Water Rights Act expressly recognizes vested and Granted Uses such that "nothing contained in the Water Rights Act shall be so construed as to take away or impair the vested right of any person to any water or to the use of any water."  OWRD position is, essentially, That's our story and we're sticking to it. Sue us if you don't like it.
    Prepare to engage the Committee and Legislature in opposition when the Bill returns. Do not expect more than the corruption the legislature evidenced when forcing HB 2248 through despite the found frauds or misrepresentations of the Attorney General. If you choose not to engage to stop this in the legislature, prepare for your unlawful takings lawsuits or loose your granted right to water.

JMD Memorial Notice to the proceedings of HB 2259

The presentation of the Attorney General evidenced:

1. Fraud By Omission, 2. Fraud By Misrepresentation, 3. Fraud By Collusion, 4. Fraud By Deprivation Of Rights, 5. Fraud In No Real Purpose Or Intent To Gather The Law, 6. Deprivation of the Truth or Applicable Facts, 7. Fraud By Covert Agenda, 8. Fraud By Evasion; 9. Done Under Color of Official Authority to Deprive Grantees of Their Property. And the fraudulent representations of the OWRD Director.

HB2248  JMD OPPOSITION Comment Filed: PASSED
Expands statutes related to mineral resources to encompass additional types of mining. (at the request of Governor John A. Kitzhaber, M.D.,)

BREAKING NEWS: Legislative Committee ordered DOGAMI meeting to address discrepancies with HB 2248 and independent miners upon JMD Comment. March 7, 2012, hearing exposed Opposition to the Bill where DOGAMI had declared there was none and Representative Whitsett identified inconsistencies in DOGAMI's statements. DOGAMI to respond to 13-page JMD Comment within 2 weeks. JMD was represented from both Southern Oregon and the newly annexed section of Eastern Oregon presenting Mining Law a production-based information exposing severe problems with HB 2248. The legislation appears to be a damaging sweetheart deal model permitting standard orchestrated by the NWMA which will do great damage to independent miners. We appreciate committee Reps Wayne Krieger and Gail Whitsett for taking a keen interest in this very important and detrimental matter.
UPDATE: BILL returned to Committee then sent without prior notice to Ways and Means without further public input and against the Attorney General's misrepresentation and frauds of omission exposed in the JMD Reply after a meeting with DOGAMI. The Memorandum of the Attorney General which Rep. Whittset ordered was required of DOGAMI to remove the challenges to its unsupportable claim to authority and jurisdiction brought out by JMD in its 13 page Comment did not responsively answer to the Comment. This is a serious and egregious breach of duty. This style tyranny will require more than mere comments to stop.  Despite the misrepresentations of the Attorney General, the Committee Voted 7-2 to pass the Bill and send it to the Ways and Means committee. Despite early inquiry, only 2 Representatives were honorable enough to reflect the law. Notice, disappointingly, Rep. Krieger did not stay the lawful course. 
    Thank you to Rep. Whittset and Rep. Thompson for your opposition to this bill which will advance an authority and jurisdiction the Attorney General could not show lawfully exists could affect mineral estate grantees, or any mineral entryman for that matter.
    JMD intends to file protests with the members of the Ways and Means Committee, two members of which are on the ill-fated subcommittee passing the bill. 
The Legislative game is rigged against property owners and their right of peaceful possession. JMD hopes you join in to protest to the Ways and Means Committee of the open governmental theft of your property and rights. With all due respect,  standing on the steps of the "Mable Nuthouse" will not be enough.

ENGAGE YOUR ON-POINT OPPOSITION TO OREGON PROPERTY THEFT

PREPARE YOUR TAKINGS LAWSUITS NOW!

SB 838 JMD Opposition Comment Package Filed PASSED
 
SB 839 JMD Opposition Comment Package Filed PASSED
This Bill is a Special Legislative Fraud and Plunder.
This bill is a theft upon Tax payers in Oregon. All granted property uses or development will be made criminal to justify the fund this unlawful bill creates, reference HB 3337.

SB 846 A Gut and Stuff bill not many got to see.  PASSED

Surprise HB 3251 House Bill, equivalent to SB 12. PASSED
JMD Opposition Comment Filed
But Recordation Obstructed

House Committee On Energy And Environment.

SB 217 - 2 Pages of Concentrated Evile. PASSED
JMD Opposition Comment Filed.

Charges us to consume the water from our own wells and other sources. The State of Oregon would be charging us to drink or use our own water! Interfering with our water appropriation rights. And threatening the title to our homes and land, as well, if we choose not to pay a Bureaucracy! Kill This Bill! Comment to OPPOSE SB 217. Do you need your water right managed?
SJM6 Urges Theft of O&C lands. JMD Opposition Comment filed.
Appears to have been a very successful presentation advocating preservation of mineral estate and existing timber trust management by counties.

HB 2869 JMD OPPOSITION COMMENT FILED

CLICK HERE MORE ANTI-GUN BILLS SCHEDULED FOR HEARING :

From Representative Gail Whitsett:

Update on HB 3200 Sponsor says it appears "dead on arrival" HB 3200, the bill which would ban many semi-automatic firearms and high-capacity gun magazines, has created a huge public outcry. It is encouraging to see the thousands of emails that our office has received in defending our Second Amendment rights! We encourage you to direct your efforts toward the sponsors of anti-gun legislation, including the sponsors of HB 3200. Read The Oregonian's update on HB 3200 here

SB 476 Special Interest Special Rights to interfere with your property PASSED

SB 425 JMD Opposition Comment filing attempted. Legislature will not accept it even though it is currently before the committee after the first hearing. Included now in the Demand to Cease and Desist.

JMD Opposition Comment Circulated SB 115   Yet To Be Scheduled

JMD Opposition Comment Circulated SB 370   Yet to Be Scheduled

SB12 May not operate motor vehicle in beds or banks of certain waterways. OPPOSE NOW   Yet To Be Scheduled
House Agriculture and Natural Resources

(at the request of State Treasurer Ted Wheeler)


Local Mining & Legal News . . .

Ninth Circuit holds agencies cannot amend rules through court settlements
i.e., "Sue and Settle agreements"

Court finds plaintiffs lack standing to bring climate change claims

Ninth Circuit issues en banc decision holding that Forest Service’s decision not to regulate mining triggers ESA section 7 consultation requirements

Ninth Circuit’s "federal defendant" intervention rule in NEPA cases finally meets its end: Wilderness Society v. United States Forest Service

Fourth Circuit Finds That Carrying a Firearm in an Open-Carry State Does Not Create Reasonable Suspicion and Provides Thorough Analysis of the "Free to Leave" Standard of Seizure

Salem Miners Rally Success. Oral Comments to HB 2248 Made  
Kerby Jackson Challenges Fish-Baters to Show the Science Proving Harm to Salmon.
"Where's your science? We have science behind us."
Tom Pepiot - "We've got to fight for what is ours."
Videos of Rally Care of Minersminute 
UPDATE: BRAD WITT'S COMMITTEE IGNORED YOUR RALLY!

Extremist Pseudo-Environmental Group Known to Sue and Settle "Wins":
    Three companies granted permits, including Tidewater (above), Freeman Rock and South Coast Lumber Co., will be allowed to continue gravel mining on the Chetco River until a remedy is worked out between government agencies and an environmental group.
    Because the Curry Pilot is such a Special Interest Rag, JMD includes instead the court decision so you can decide why the miners are still mining despite some failures of public participation. The court explains why better than the shills at the Pilot.
    The decision doesn't lead with more than a mention of the "Human Environment" priority, or that discharge into the river does not mean extraction from the river. But it has some interesting things to say, such as little if any harm due to mining. And Status Quo means mining where ever it has been done as in this case.

Sea Shepherd conservation group declared 'pirates' in US court ruling 

"The appeals court also sharply criticized judge Richard Jones who presided over the original case.
His decision raises "doubts as to whether he will be perceived as impartial in presiding over this high-profile case", Kozinski wrote."

Federal Court Ruling Condemns NOAA’s Salmon Opinion 

"In sum, the Fisheries Service’s November 2008 BiOp relied on a selection of data, tests, and standards that did not always appear to be logical, obvious, or even rational."

EPA Ex-boss Jackson Caught Breaking Law, Scamming U.S. Taxpayers 

"Working with extremist pseudo-environmental groups using a controversial scheme dubbed "sue and settle"."

Pitkin v. Goliath (U.S. Forest Service) I - II {A Way To Open County Roads} 

Have You Seen This "ILLEGAL TRAIL" Surveillance Sign?   

U.S. Supreme Court Rules Against State on Riverbed Ownership
USFS Steals Miner Dave's Property  
Spectators Locked Out of Miner Dave's Hearing
Agencies Plan Surprise Inspections on Rogue River
Four Ounce Gold Nugget Found near Gold Ray
OSP Senior Trooper Behaving Badly
BLM to Idaho Miner: We Supercede U.S. Constitution
Southern Oregon Miner Killed on Klamath River
USFS Terror: USFS Fails To Learn Their Lesson in Placer County
Miner Dave Sues Agencies
Cassanelli Makes Good on Promise to Continue To Support Miners
USFS Harasses, Intimidates and Threatens Teenage Miner
USFS Terror: USFS Employee Steals California Miner's Property
Change in BLM Maintenance Fees for Association Placer Claims
Former USFS Employees Demand Withdrawal of Chetco River
USFS Terror from Yester-year
Miner Dave talks with Bill Meyer about his illegal arrest
The Illegal Arrest of Miner Dave
USFS to SW Oregon Miner: "If this was any other country, we'd just take you out!" 
USFS Terror: Two Oregon Miners Expose Repressive & Illegal Agency Activity
Hal Anthony on the Public Land vs. Public Domain
Southern Oregon Miner Defeats USFS in Court
Hal Anthony on Mining Districts
Hal Anthony on Granted Mining Rights, mining permits and Coordination
The Mining Law: The Extent of Federal Authority Over Public Domain

Go to the Mining & Legal News Archive for older stories

 

The Bill is Fast-Tracked to The  Joint Ways and Means Committee
 
-- SEND YOUR PROTEST ! --

Great Turnout at The Hearing on the Oregon Placer Mining, But "Your" Oregon Senators Didn't Listen to You, or Science, Reason, or the Mining Law.

PASSED with -4 Amendment

PREPARE YOUR TAKINGS LAWSUITS NOW!

It would be effective to have every placer Miner file their individual Takings lawsuit the day the moratorium legislation goes is enacted for approval by the governor if the Notice and Cease and Desist has not warned them off of violating settled law.

Written Testimony 

Testimony shows No Scientific probable cause to Interfere with mining by moratorium. GangGreen leaking only woulds, coulds, cans, and mights. DSL Annual Reports show minimal impact. Other studies shows no significant or no cumulative impacts due to mining. Senator Olsen: "What you want is for us to provide a bill to allow you to prosper at the expense of others."; Said to a river Outfitter condemning miners without cause. JMD would like to applaud Senator Olsen for his observation. JMD asserts for third parties to use the Legislature or members to allow themselves to be used to harm property or rights is a felony under Oregon law; Extortion under color of official authority. ORS 164.075.

Archive Audio of Hearing
Server Only Before 4 pm.

Governor Kitzhaber, and Senator Dingfelder [Environmental Manager] have unconstitutionally combine forces, derelict to be the check and balance required of a representative form government, to Steal your congressionally granted property rights are promoting a bill to prohibit placer mining to study for harm they know existing science proves does not occur from mining. The bill will be a waste of state resources and taxpayer money. A moratorium on placer mining is a prohibition of the right to work your granted mineral estate as the grantee determines is the most economical extraction constituting an unlawful takings. SB 838 violates the Supremacy Clause of the United States Constitution as well as the Oregon Constitution and the "Admission Acts", the Acts admitting Oregon into the Union. Under Oregon statute, ORS 164.075, to, [1],"(b) Cause damage to property;" [2] adversely affecting private property rights and under color of authority, (h) "related to official duties, or by failing or refusing to perform an official duty", such as the self-executing duty to safeguard "against the encroachment or aggrandizement of one branch at the expense of the other” Buckley v. Valeo, 424 U.S. 1, 122 (1976), or, [3], (i) inflicting "any other harm that would not benefit the actor" are three independent felony acts. Send the message that you will not tolerate such a subversion of the law and acts that can be seen to be constituting a constitutional crisis. Do not expect help from the office of the Attorney General. Recent experience with the systemic corruption that passes itself off as lawful legislative government shows commenting  will not do anything.You will have to testify AND persist in contacting every legislator on the Senate Environment & Resources Committee and then the Joint Ways and Means Committee and prepare to remedy the theft of your property or rights through actions such as for unlawful takings or civil rights violations under color of authority.

PASSED
SB 401 Takings through imposition of unlawful Easement on certain watercourses. TESTIFY in OPPOSITION.
A Study is still Banning Mining!
JMD Opposition Comment Filed

This is what SB401 will do to you and "your" "private" property: Oregon Scenic Waterways PROGRAM

Baker County Commissioners,
"Kill The Bill."

Coordination Information

Help Stop A Bad Land Management Plan BEFORE it Affects You.
Contact the District Recorder With Your Interest. 


Comments Needed

CA Frogs & Toads

The U.S. Fish & Wildlife service plans to close off an additional 2 million acres of California’s forests, spanning 14 counties and 9 national forests along the eastern spine of California. Food, energy, timber, mineral, and building material production would be impacted, as well as recreation, hiking, camping, fishing, rafting, roads, off-road vehicles, and more.
Defend Rural America, about the ESA
CA Frogs & Toads info at right sidebar

Comments must be received or postmarked on or before June 24, 2013.

AND Relevant Breaking Case Law:

Ninth Circuit holds agencies cannot amend rules through court settlements
i.e., "Sue and Settle agreements"


Mining Law & Learning Center ...

Law of Possession of 1865

Mineral Grant of 1866
Placer Act of 1870
Act to Protect the Rights of Miners of 1871
General Mining Act of 1872
Oregon Water Law of 1899
Executive Order 10997
Doctrine & Law of Possessory Actions (22 pgs)
Digest of the Law of Mines & Minerals (1878) (480 pgs)
Manual of American Mining Law as Practiced In The Western States & Territories (1882) 
Mining Rights in the Western States and Territories - 1903 (538 pgs)
Relations of the Government to Mining (Origins of Mining Law) - 1879 (80 pgs)
Mining Camps: A Study in American Frontier Government - 1885 (324 pgs)
Mining Law for the Prospector, Miner & Engineer - 1911 (357 pgs)
Mining Rights on the Public Domain - 1908 (600 pgs)
Land Laws of the Mining Districts - 1884 (67 pgs)
Digest of the Laws of Mines & Minerals (case law) - 1878 (473 pgs)
Ron Gibson's 2008 Letter to Senator Gordon Smith, regarding the Act of 1866

Go to the Mining Rights Learning Center for more

 

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Your Right to Ingress/Egress & other RS 2477 Info & News...

In the News:

Idaho roadblock remains after judge intervenes
Merkley gets an earful about forest road closures
 

Learning Center:

Oregon Highway Act of 1901
Chairman's Final Report Concerning the November 13th Subcommittee on Forests & Forest Health
(Reaffirms the Grant of 1866 and its relevance to Rights of Way) - 2000

Learn more about your rights to ingress and ingress and 1866 Sec 8


Public Domain Mining Information & Articles ...

The Mineral Resources of Oregon - 1903 (book)
The Mineral Resources of Oregon - 1916 (book)
Geology & Ore Deposits of the Takilma-Waldo, Oregon District - 1933) (book)
Medford, Oregon as a Mining Center - 1912 (book)
Mines of the Riddles Quadrangle, Oregon - 1907 (book)
Mineral Resources of the Grants Pass Quadrangle, Oregon - 1908 (book)
Mineral Resources of South West Oregon - 1914 (book)
Distribution of Placer Gold in the Sixes River, Oregon - 1970 (book)
Oregon Metal Mines Handbook - Josephine County - 1952 (book)
Oregon Metal Mines Handbook - Jackson County - 1943 (book)
Oregon Metal Mines Handbook - Coos, Curry and Douglas County - 1940 (book)
Mining in Josephine County - 1900 (book)
The Rogue River Valley Coal Fields - 1907 (article)
Mining Districts of the United States - 1912 (book)
Northwest Mines Handbook - 1918 (book)
The International Mines Handbook - 1922 (book)
Mining on Althouse Creek - 1935 (series)
The Stampede to Red Dog - 1900 (article)
Platinum in Josephine County - 1903 (article)

Learn more about mining in Oregon in our mining information center

 

 

 

Jefferson Mining District is copyright 2011 by Jefferson Mining District. All Rights Reserved.
 

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