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legalminer



Joined: 04 Jan 2012
Posts: 17

PostPosted: Wed Jan 04, 2012 10:53 am    Post subject: One page summary  Reply with quote

I have attempted to summarize on one page the most relevant (to me) and important tenets of what I have recently learned on this and other forums.  Most of this summary has been cobbed together from the "Executive Summary" of the mining law presented by the S.W.O.M.A. I intend to have a legal summary of my rights on my person while mining or accessing my mining claims so as to be prepared if challenged by a Federal agency.

Is this an accurate and appropriate summary?  
What should be changed?
Any help is appreciated.
 
I'll cut and paste it in a following post.
Thanks


Last edited by legalminer on Wed Jan 04, 2012 11:03 am; edited 1 time in total
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Wed Jan 04, 2012 10:58 am    Post subject: Reply with quote

Nope, the file didn't download.
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legalminer



Joined: 04 Jan 2012
Posts: 17

PostPosted: Wed Jan 04, 2012 10:59 am    Post subject: Here's a paste of the summary Reply with quote

The Mining Acts of the United States
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

Where valid mining claims exist, that land is no longer public land.  The federal agencies have management authority only over public land, not privately settled public domain.  The public land that is disposed by claims under the act of  1872 is public domain as stated in that act (USC 30 S26).  Locatable minerals are not mining claims on public land, but mineral deposits on public domain.  The act of location of a mineral deposit, restores the land to public domain and the mining law provides the locator of such segregation.  The locator “shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations”.  
Surface management agencies, such as USFS and BLM, have no authority over disposed public domain.  Further, a valuable mineral deposit location is a specific use on public domain, not a special use of public land as is regulated by 43 CFR 3809.  Both the USFS and the BLM are required to adhere to the congressional public land management mandate of the Federal Land Management Policy Act (FLPMA), which expressly states at 43 USC 1732 (b), that “… no provision of this section or any other section of the Act shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act, including, but not limited to, rights of ingress and egress".  Any assertion of federal authority by agency, such as the BLM or USFS, impairing, obstructing, or closing access against, or managing the surface of locatable mineral deposit property on public domain in-holding the public land, or otherwise interfering in any way is committed contrary to the laws of the United States of America, a breach of fiduciary duty, and an intentional and negligent trust tort.


Last edited by legalminer on Wed Jan 04, 2012 11:12 am; edited 1 time in total
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Wed Jan 04, 2012 11:07 am    Post subject: Reply with quote

If this is for a handout to someone representing a government agency, I would suggest that you look at the last post on the following thread:

http://americanmininglawforum.myfastforum.org/ftopic33-10.php

Den
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legalminer



Joined: 04 Jan 2012
Posts: 17

PostPosted: Wed Jan 04, 2012 11:21 am    Post subject: Reply with quote

I am not an "aggrieved miner" and have not been duped into complying with any local, county, state or federal agreement, as per any “Plan Of Operation”, “Permit”, “Bond”, Environmental Impact Study” or any other agreement.
I retain my full rights.  I just want to be able to communicate them in written form if needed.
Are you recommending against a legal handout?
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Wed Jan 04, 2012 11:26 am    Post subject: Reply with quote

NO, I am suggesting that in your handout, that you make it clear that you will not surrender a greater right for a lesser right.  As you may know, theses agency blokes are hard of hearing and about as dumb as a log, so I find it important to be clear on where I stand and what the relationship, if any, will be.

Den
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legalminer



Joined: 04 Jan 2012
Posts: 17

PostPosted: Wed Jan 04, 2012 11:35 am    Post subject: Reply with quote

Ok, so specifically, what is your suggestion?  In other words, where in my above summary/legal aid would you insert additional language and what language would you use?
Thanks for your help.
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Wed Jan 04, 2012 11:52 am    Post subject: Reply with quote

at the end works.. the whole purpose id to lay out you understanding of the law and the terms in which you will deal with government agencies, right/

Good luck and you certainly are on the right path.
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1866



Joined: 02 Jan 2012
Posts: 102
Location: Jefferson Mining District

PostPosted: Wed Jan 04, 2012 6:50 pm    Post subject: Reply with quote

Personally, I would carry the ENTIRE Executive Summary with you (and carry extra copies). Remember what this document was for and what has come about as a result of it. It was a protest from local miners to Sheriff Gilbertson and a request for him to protect mining rights, with the limitations of federal authory summarized in the document. This document in turn, through Gilbertson, has created an uprising among sheriffs in this country that is burning like a wildfire and spreading far behind one small county in Oregon. Much of this credit belongs to Gil, of course, for having the courage to question the agencies and to share the document with other sheriffs. Without him, the document would not have spread.

That said, EVERYTHING in that document is important. None of it should be removed.

While I realize that everyone wants a "magic bullet", the Mining Law does not work this way, as it must be interpreted altogether opposed to reduced to one single concept.
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Wed Jan 04, 2012 7:32 pm    Post subject: Reply with quote

1866: Point well taken and I fully agree.


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