Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
Our Klamath Basin
Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
http://westernminingalliance.org/
Native workers unsure of future after coal plant closes, H&N 11/3/19. "...mining operations in the region employed 700 mostly Native American workers. The power plant had more than 500 employees, 90% of whom were Navajo. Navajo President Jonathan Nez said the tribe will lose between $40 million and $50 million annually from coal revenue and lease payments...U.S. utilities announced the retirement of nearly 550 coal-fired power generators since 2010, the agency said. More are planned." Attorney James Buchal's letter to The New 49'srs regarding ban on small scale mining 6/2/19 ACTION ALERT - Please help to restore our Mining rights, News from Dave McCracken, The New 49ers 2/10/19 Permanent ban on suction dredging passes Oregon House, H&N 6/2/17. Miners Group Urges Reversal of California Mining Ruling by William Perry Pendley, Mountain States Legal Foundation 3/10/17. The New 49ers February Newsletter, 2/4/17.
DOI
Press Release:
Secretary
Jewell Applauds President’s Designation of the National
Monuments to Preserve Pivotal Civil Rights Sites and the
First National Monument to Civil War Reconstruction;
(Jewell) Also Praises
President’s Expansion of Existing National Monuments
Protecting Natural & Cultural Resources in California &
Oregon (Cascade-Siskiyou National Monument)
1/12/17.
LINK includes Cascade-Siskiyou
National Monument expansion Fact Sheet: 1/13/17: Federal Register - Bureau of Land Management: Public Land Order No. 7859; Withdrawal of National Forest System and Bureau of Land Management Public Lands in Southwestern Oregon; SUMMARY: This order withdraws, subject to valid existing rights, approximately 5,216.18 acres of public domain and Revested Oregon and California Railroad lands and 95,805.53 acres of National Forest System lands from settlement, sale, location, and entry under the public land laws; location and entry under the United States mining laws; and operation of the mineral and geothermal leasing laws for a period of 20 years while Congress considers legislation to permanently withdraw those areas and to protect the Southwestern Oregon watershed from possible adverse effects of mineral development. California Supreme Court Rules in Favor of State Authority over Mining! – September 2016, The New 49ers. "Now that the California Supreme Court has ruled, my best guess is that any prospector using a motor to remove or process streambed material within 100 yards of an active waterway without a permit (which is not being made available), if caught, is likely to be successfully prosecuted." Link includes link to memo by miner's attorney James Buchal Klamath Riverkeeper history & accomplishments, 7/31/16. "Our successful lawsuits, nonstop policy advocacy, and targeted grassroots pressure forced PacifiCorp to sign a stakeholder agreement to un-dam and restore the Klamath River in 2010...we continue to partner with the Karuk Tribe in their ongoing and highly successful battle to end harmful suction dredge gold mining on California rivers..." KBC NOTE: several members of Klamath Riverkeepers board of directors are leaders of the Karuk tribe Attend hearing at the Siskiyou County courthouse on November 5th at 8:30 AM in Dept.4 for Derek Eimer and Dyton Guilliland, being prosecuted for illegal suction dredging. The Court issued a lengthy Ruling that the State does not have the authority to first pass a law that requires small-scale miners to obtain a State permit, and then pass a second law that forbids the issuance of such permits. San Bernardino Superior Court Ruled on 12 January 2015 that both the Legislature's Moratorium against gold dredging, along with the Department of Fish & Wildlife's (DFW) recent adoption of dredge regulations in 2012, are illegal and not enforceable as a matter of law, by Dave Mack, President The New 49'er Gold Prospecting Association, posted to KBC 4/4/15. Court Documents included. Task force: Tighten Oregon rules on dredging for gold, H&N, posted to KBC 12/7/14 2/7/14 - A joint meeting of the Idaho Legislature was held Feb. 3, 2014. The title of the meeting is “Suction Dredge Mining”. The first speaker is Joe Greene, US EPA scientist (Ret); the second speaker is Tom Kitchar, President of Waldo Mining District, SW Oregon; third speaker is Doug Giddings, Sheriff, Idaho County; public testimony taken; and last speaker is Jim Chmelik, Idaho County Commissioner. KBC NOTE: This hour video is well worth your time hearing how government agency/EPA agenda has overruled science, and first hand testimony on EPA tyranny. The New 49ers Newsletter November 2014 Issue by Dave McCracken, November 2014. "We have come into written correspondence from the District Attorney of Siskiyou County which is rejecting to prosecute suction dredgers for not having a permit as a result of the recent Third Appellate published Decision." KBC Note - Notice that many of those protesting suction dredge mining are many of the "stakeholders" in the KBRA / Klamath Basin Restoration Agreement that promises to downsize agriculture and private property and water rights. 1973 - Gold mining claims, H&N, posted to KBC 7/14/13. "Under the Mining Law of 1872, a citizen may locate any number of mining claims on public lands..." Oregon Senate passes bill to limit gold dredges, H&N 7/3/13. "With deference to the 150 or 200 years of mining this state has had, you would think they would try to figure out if the dredges are actually hurting something before they outlaw them," he said. "If they are really worried about the salmon, they could say, `Let's stop fishing for a few years,' and see if that affects salmon." California - Emergency Rulemaking Approved for Suction Dredge Mining, CDFG 6/28/13. "...the use of any vacuum or suction dredge equipment for instream mining purposes is prohibited." ACTION ALERT! 6/27/13 - Opposition to Oregon Senate Bill 838, New 49ers Prospecting Association: "lf SB 838 is passed into law, it will put a complete end to suction dredge gold mining in the entire State of Oregon. This bill is not based upon any science or rational justification. It is being pushed by anti-mining activists that want to eliminate the last remaining productive economic activity on America’s public lands." "Oregon State Senator Alan Bates (D-Ashland) is facing a recall as a result of his attempts to attack mining and property rights in defiance of local, state and federal laws. The recall is being spearheaded by Rick Barclay of Ruch, Oregon, a long time timber worker and local miner, who charges that Bates has violated his oath of office and has broken state and federal laws for political purposes." sent from Jim Foley, Property and Mining Rights Advocate, Klamath River, California [email protected] , posted to KBC 5/20/13. 530-465-2211 Western Mining Alliance April 2013 Newsletter "On April 19th the California Department of Fish and Wildlife (CDFW) denied both the Center for Biological Diversity (CBD) and the Western Mining Alliance (WMA) petitions for administrative rule making. We consider this a victory." Petition for administrative rulemaking to amend the suction dredge permitting program regulations 2013, by Center for Biological Diversity, Pacific Coast Federation of Fishermen, Karuk Tribe, Klamath Riverkeepers, etc...many groups who are on the "stakeholders" negotiations of the controversial KBRA/Klamath Basin Restoration Agreement, posted 5/7/13.
Action Alert: Oppose Oregon’s attack on mining, prospecting,
1/30/2013 Gold Prospectors. "...Senate Environment and Resources committee... is expected to vote on senate bills SB 115, SB 401 and SB 370 as early as of next week..."
Leaked Interior Department emails point to political motives in mining ban, WLJ posted to KBC 6/9/12. "In what could prove to be a major embarrassment for the Department of Interior (DOI), a clutch of recently leaked emails suggest that the department may have had little to no scientific evidence supporting its January decision to withdraw over 1 million acres in northern Arizona from new uranium mining claims due to concerns about ground water contamination." Karuk Tribe of California v. US Forest Service, including dissenting opinions: M. SMITH, Circuit Judge, with whom KOZINSKI, Chief Judge, joins, and with whom IKUTA and MURGUIA, Circuit Judges, join as to Parts I through VI, dissenting: "Most miners affected by this decision will have neither the resources nor the patience to pursue a consultation with the EPA; they will simply give up" 6/1/12
Court Orders Forest Service To Regulate Gold Mining in Salmon Streams, 6/1/12, OPB. "The 7-to-4 appeals court decision came in response to a suit filed by the Karuk Tribe of Northern California...Craig Tucker, the Karuk Tribe’s Klamath coordinator, hailed the ruling." "In a strongly worded and illustrated dissent, Circuit Court Judge Milan D. Smith Jr argued that the majority’s decision ignored precedent and effectively shut down small scale suction dredge mining." PLP / Public Lands for the People versus CDFG, posted to KBC 4/14/12. Klamath gold miners sue California Department of Fish & Game (DFG) for banning suction dredge mining, The New 49ers 4/13/12. "We filed this case in Yreka, Siskiyou County, a location which is more in touch with the results of DFG's ever-expanding over-regulation, not only with small-scale miners; but also the agriculture industry and other forms of natural resource development (like our hydro-dams)." KBC Note: constant lawsuits against the miners were brought on by Karuk Tribe Group files new suction dredge lawsuit, Siskiyou Daily, posted to KBC 4/8/12. Karuk Tribe (Craig Tucker, dam removal activist), PCFFA (Glen Spain, Eugene Attorney), Center for Biological Diversity (files ESA/endangered species act lawsuits daily), and FOR / Friends of the River (dam removal ecoterrorist group, Craig Tucker was former coordinator). Spain and Tucker are voting members as "stakeholders" on the KBRA / Klamath BAsin Restoration Agreement. All of the above have had their litigation funded by Earthjustice, funded partly by George Soros. The ecoterrorist claim, "risk of mobilizing mercury in the water column." In the KBRA, they advocate destroying 4 hydrodams, releasing 20 million cubic yards of sediment, obliterating any life forms: Senator Doug Whitsett speech regarding the KBRA and Klamath dam destruction. Klamath gold miners sue California Department of Fish & Game (DFG) for banning suction dredge mining, The New 49ers 4/13/12. "We filed this case in Yreka, Siskiyou County, a location which is more in touch with the results of DFG's ever-expanding over-regulation, not only with small-scale miners; but also the agriculture industry and other forms of natural resource development (like our hydro-dams)." KBC Note: constant lawsuits against the miners were brought on by Karuk Tribe * Proposed Suction Dredge Regulations Revised, Public Comment due 3/5/12 Proposed amendments would close county streams to suction dredging, Siskiyou Daily, posted to KBC 3/1/12. "Mike Adams – a Lost Dutchman’s Mining Association (LDMA) member and Siskiyou County resident who says he has made most of his living from mining – alleges the new regulations are an unconstitutional take of previously granted rights. He also feels there is no strong evidence that suction dredging is detrimental to fish." KBC NOTE: Karuk Tribal spokesman Tucker, who is quoted in article, sued against mining that stirs up the river, however he advocates in the KBRA destroying 4 hydrodams which will release 20 MILLION cubic yards of sediment on top of the Klamath fish and habitat, bringing millions of $ to the tribes. *** Proposed Suction Dredge Regulations Revised, Public Comment due 3/5/12 Interior expected to approve 20-year ban on (million acres of) new mining claims near Grand Canyon, Washington Post 1/9/12 Southern Oregon Miner Defeats United States Forest Service in Court, Gold Prospectors, posted to KBC 11/15/11. "United States District Judge Ann Aiken ruled that the United States Forest Service, and particularly Cottage Grove District Ranger Deborah Schmidt, violated the constitutional rights of 83 year old Oregon miner, James Edgar." (Karuk) tribe fights to have feds intervene in (Klamath) mining, Courthouse News 12/16/11. Mining Districts: a concept Reborn, by Jim Foley, Yreka, Prospecting and Mining Journal 9/30/11 Brown prolongs freeze on suction dredge mining, Sacramento Bee, posted to KBC 8/2/11 Senator Gaines thanks Governor Brown, cheers gold mining victory 6/30/11 California Budget $1.8M Error Will Kill Gold Mining Industry, Says Gold Pan California, Former Attorney General Jerry Brown: Program Pays For Itself, Sacramento Bee/Gold Pan California, posted to KBC 6/12/11EDITORIAL: A Smart Budget Trim Will Help Water Quality, Sacramento Bee by retired EPA scientist Joe Greene, posted to KBC 6/8/11. KBC NOTE: this letter by Mr. Greene was censored. "As a retired USEPA research biologist with 25+ years experience and someone that has studied the published scientific literature on the subject of small-scale gold suction dredging I can state unequivocally that there are no unmitigated impacts from small-scale gold suction dredging..."
Comments on the California Department of Fish &
Game’s (DFG) Suction Dredge Permitting Program
Subsequent Environmental Impact Report (SEIR)
and Proposed Regulations by Claudia Wise
and Joseph Green, retired EPA scientists, 5/3/11 3/31/11: Story of how Dept Fish and Game put suction dredge miners out of business, Marcia Armstrong, Siskiyou County Supervisor, on Facebook.
*
CDFG
suction dredge meetings delayed The message Oregon should be sending dredge miners: leave, by Oregon Senator Jason Atkinson. * Comments by research scientist, FORMERLY EMPLOYED BY THE EPA, posted to kbc 8/29/10 Water Quality and Suction Dredging, Letter by Gerald Hobbs 8/28/10, President of Public Lands for the People. Suction Dredge Mining, letter to Oregon Senator Atkinson from Tom Kitchar, posted to KBC 8/23/10. "either have some misunderstandings about the effects of suction dredge mining on the environment and aquatic species, or, someone has fed you a pack of falsehoods...we (a small group representing some of the mining organizations in Oregon with a total membership of around 1,500 individuals) respectfully request an opportunity to meet with you at your earliest convenience." Oregon issues new permit for suction-dredge gold miners, Oregonian, posted to KBC 8/8/10 Miner refund bill dies in committee, Siskiyou Daily News 6/30/10 ICMJ Mining Journal, posted 6/4/10 Proposal for suction dredge mining by California Water Boards, 3/18/10 Persistence Prevails as Walt Wegner, Vice President of PLP wins his $47.00 suction dredge permit fee reimbursement in small claims court 2/4/10 Mark Johnson of Grants Pass talks about the insane difficulty of getting through locked BLM gates to legally prospect for gold on public lands. This is an mp3 (audio), it may take a few moments to load: http://www.kmed.com/common/global_audio/51/15015.mp3 PLP Comments and constructive Notice given the the Ca. Fish and Game at the Sacramento meeting on Nov. 17 2009 regarding suction dredge mining ban, posted to KBC 11/23/09 Parts 1 and 2 Mining legislation has opponents, defenders, Lake County News, posted to KBC 11/20/09 Kulongoski wants to head off Calif. gold miners, San Jose Mercury News, posted to KBC 10/16/09. Here for MINERS PAGE. California Admission to the Union; Mining Claimants legal authority under Federal Law, February 13, 1850 PLP vs State of California Complaint (PLP = Public Lands for the People Inc.) California Suction Dredge Miners are demanding a Jury Trial for the taking of their rights to mine on public land, posted to KBC 9/18/09. Governor signs bill banning river gold dredges, Mercury News 8/8/09 Suction dredging permits halted by Alameda County court, Siskiyou Daily News 7/29/09. State lawmakers OK temporary dredging ban targeting salmon habitat, Sac Bee 7/14/09 Senate Deals North State Harsh Economic Hand, Passage of SB 670 Means Bankrupt Businesses & Lost Jobs, Senator Sam Aanestad, CA 7/14/09. "The North State leader says the passage of SB 670 will place an outright ban on the practice of Suction Dredge Mining in all California rivers, streams and other tributaries, even though there is no scientific evidence or proof that the mining practice is harmful to the environment." Debate over river dredging nears climax in Legislature Dredgers fear for livelihood, defend mining practices, Trinity Journal July 8, 2009 Please Write - Action Alert supporting suction dredge miners, 6/14/09 from Dave Mack, President, New 49'er Prospecting Association. "Senate Bill 670 (anti suction dredging legislation) will come up for a vote on Tuesday, June 16th" Urgent Help Needed! Update concerning SB 670, anti-suction dredge mining legislation, by Dave Mack 5/31/09. Litigation Summary by James Buchal: "A reform group of Karuk Tribe members has also emerged, filing intervention papers which outline the unsavory history of the Tribe’s current leadership, and the degree to which the Tribe’s entire jihad against suction dredge mining is actually motivated by a desire to protect marijuana growers, rather than protecting the environment." Suction dredge mining ban passes Senate 31-8, Siskiyou Daily News 5/28/09 Siskiyou County Supervisor Marcia Armstrong -Suction Dredge Mining, State and Local Government Budgets, Pioneer Press May 8, 2008 Calif. bill to ban dredge mining moves forward, kdrv 5/2/09. Siskiyou County Supervisors send letter opposing SB670, Siskiyou Daily News, posted to KBC 4/26/09 Fish and game commission denies petition to halt Karuk fishing at Ishi Pishi Falls, Siskiyou Daily News, posted to KBC 4/19/09 Proposed Calif. bill would ban suction dredge mining, KDRV 4/17/09 Rebuttal to Leaf Hillman (Karuk Indian) by Dave McCracken, gold miner, Pioneer Press, posted to KBC 4/3/09. "Hillman claims our gold mining threatens the salmon in the Klamath River. He has picked a particularly poor time to make that accusation. A few days ago, the Times-Herald of Eureka reported that while the number of Sacramento River salmon is near record lows, the Klamath salmon run is "booming" this year. Even more important, there is not a scrap of scientific evidence that suction dredge mining has ever hurt a single salmon. The same cannot be said of Hillman's own Karuk Tribe..." Karuk Tribal Vice President and spiritual leader Leaf Hillman: Taxpayers help miners hurt fish habitat followed by 31 Comments, Sacramento Bee , posted to KBC 3/8/09. "Hillman, who lives in Orleans, is charged with one count corporal injury on a spouse or cohabitant, and with two special allegations: inflicting great bodily injury and using a deadly weapon. Hillman's bail has been set at $50,000....the victim had been "hit on the head with a beer bottle" Petitioners explain claims against tribal fishery at Ishi Pishi Falls, Siskiyou Daily News, posted to KBC 3/7/09 Group files petition to stop Karuk Tribe from fishing Klamath River, KDRV Channel 12, 3/5/09, plus comments 'Karuk killing of salmon' Petition seeks to eliminate tribal fishing near Somes Bar, Siskiyou Daily News 3/5/09 3/2/09 - PRESS RELEASE: Petition calls for end to ‘widespread and wanton’ killing of salmon "The New 49’ers and a coalition of North State and other organizations is demanding that the State of California end the “widespread and wanton” destruction of the threatened Coho salmon and other fish in the Klamath River by the very people who claim to be guardians of the environment." 3/2/09 - Petition filed today with the State of California to stop the unlawful killing of salmon by the Karuk Tribe along the Klamath River in northern California. "The Tribe, Commission and Department are actively involved in efforts to restrict other economic activities in the Klamath Basin, including but not limited to local agriculture, logging, mining and hydroelectric generation. Indeed, the Tribe has commenced one federal and two state lawsuits..." Oct 25, 2007 - Karuk Tribe minutes discussing the Hoopa Tribe efforts to get fishing rights for the Karuks, and Karuk plant to purchase a power plant.
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