Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by russau on Sun Mar 27, 2016 3:44 pm

great letter Randy!

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by Chief05 on Sun Mar 27, 2016 4:18 pm

Sir:

If you remember back to the end of January I attended the COS AHRA Management Planning Meeting and while there I talked with Brandon, Kalem and Keith in reference to the Cache Creek Management Plan trying to get a status. At that time Kalem stated that the Management Plan would not be implemented this year because there was not enough time. It was Keith at that meeting that said the Plan would be implemented this year. So I guess if we need to know what is going on at BLM we should talk to Kalem in the future, sounds like he is the man in the know. Lets get those gates open I'm ready for some hard fun, the count down to Memorial Day Weekend has begun.

Ron

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by Admin on Sun Mar 27, 2016 5:45 pm

Russ,

Thank you... Just TRYING to speak for every gold prospector all across the country....

Chief,

Well......I have spoken to Kalem several times... No success on my end. Always from him the "party line" answer about needing to save the poor, poor fish, plants and "environment".....and wording like "tragedy of the commons" straight out of the U.N. Agenda 21 plan...

Kalem just refuted everything I said...and pressed on...

Regardless, I really wished I was on staff at the Canyon City BLM office..............as the mining/prospecting/gem collecting/rock hounding/claim owning "expert"... They have nobody that's had ANY mining/prospecting expertise....

Sad, sad, sad, that they overlord us, dictate to us, and yet have little clue about us or our hobby/recreational activities... Embarassed

SO, I firmly believe we need the most pressure, voices to converge on Senator Gardner's office to backstop Congressman Lamborn's letter....apply Congressional pressure to have BLM manage Cache Creek properly...

NOW is the time to get all involved!!!!

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by dickb on Sun Mar 27, 2016 11:33 pm

I agree with Russ nice letter and clearly presented. Now, I'm taking bets on how many government officials will read it?
I see what you are saying and call it over regulation and as you say is agenda driven.

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by Admin on Mon Mar 28, 2016 6:53 am

Didkb,

Well........as to my big "letter" called my Protest/Appeal and request for a Stay from the IBLA....the only "government officials" that I know at this point that have read it is the Dept. of Interior Regional Solicitor (lawyer) that authored his 10-page "legalese" rebuttal to everything I said........that goes to the IBLA as BLM's rebuttal.....

.....giving past BLM precedence on doing whatever they want......interpreting their own legal "latitude" in doing whatever they want....and just saying that my call for fairness and common sense from BLM has NO bearing on what BLM should do.

Now, will the IBLA members read it?  I sure hope so.  Have the Canyon City BLM folks read it?  It won't matter......as I have basically given them all of it over the last 3 years WRT Cache Creek in my discussions with them, my e-mails to them, my official inputs to BOTH drafts of their plan, my face to face conversations with them....  They don't give a hoot what I or any other prospectors want/say.  They just dismiss it all, write what they want, do what they want...

They are quick to tell you that THEY own Cache Creek...........not the public, so THEY can do whatever THEY want.....and are...  Embarassed

Sadly, I have zero confidence the IBLA will rule in my favor.  If you look at this recent 2015 Grand Junction BLM EA/Mgt Plan you'll see how they deal with public protests:  http://www.blm.gov/co/st/en/fo/gjfo/rmp.html   "The BLM received 19 protests and all of the protests on the Proposed RMP were dismissed."

Well...............I did some digging and eventually found this web page from the IBLA.

https://www.doi.gov/oha/organization/ibla/Finding-IBLA-Decisions/Cumulative-Chronological-Index-of-Cases

I did a little looking at the many cases they decided just last year in 2015 and in previous years as well.    

I can say that we the "little people" are totally screwed.     My Protest/Appeal will be dismissed as moot.    That's a 110% guarantee...

Just as I suspected, if you read their decisions & rationale for outright dismissing the vast majority of Protests/Appeals & Requests for Stays, you'll see that they:

1).  Make a presumption that the "government"....meaning DOI/USFS/BLM/USFWS employees are automatically following the law and acting within their power at all times

2).  Take a view that unless the appealing party can show that the "government" clearly violated the "law" or their self-written "law", then they didn't, no matter how egregious their actions or open for interpretation the issue might be

3).  That legalistically, if a person appealing a ruling can't provide them hard copy evidence, not word of mouth or hearsay or testimony, then whatever never happened never happened......even if it did

4).  That DOI's self-written rules/policies are considered "law" even if not part of enabling legislation from Congress, like specifically written into the Federal Land Management Policy Act of 1976, as an example

5).  SO, if you miss a filing date, don't comply with a demand and date given by them, don't provide whatever, whenever, to whomever, to their satisfaction.....because their rules are too complex/burdensome......YOU are guilty, end of story....all part of their plan

6).  In Summary, if your Appeal can't show "immediate" and "irreparable" harm, thru facts/figures/numbers and a clear violation of their "law", then your Appeal will be dismissed

So, in summary, we "little people" are totally screwed.  We have no hope.   The IBLA is a farce.  

Today the DOI/USFS/BLM/USFWS does whatever they want.   They are a rogue department & agencies today.  They just make up whatever policy & rules they want today as "law", publish it in the Federal Register.  Today they act only on behalf of the extreme environmentalists and against ALL other user groups on public lands.  It's institutionalized into their "Decision Language" and their entire EA/RMP/NEPA processes.

So, just one more reason why we need Senator Gardner & Congressman Lamborn's help to push back on the BLM as it relates to "saving" the Cache Creek Placering Area from BLM.

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by russau on Mon Mar 28, 2016 8:14 am

Yep these Congressmen are the answer! BUT BLM/USFS/ ETC. DONT make the laws!!!!!!!!!!!! Congress makes laws for them to carry out . Im sure your Congreesmen will amplify their message to these "gubermint" officials.

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by Admin on Mon Mar 28, 2016 11:13 am

Russ,

Yep...  Departments & agencies DON'T make laws.............Congress does............BUT, sadly today Obama's administration.......now number in the hundreds...and write all their own "laws" daily.  This is exactly what this old saying warns us about:  "The only difference between limited government and absolute tyranny is the passage of time."

https://en.wikipedia.org/wiki/List_of_federal_agencies_in_the_United_States

Using Obama as an example of pure lawlessness, they are just as lawless and unaccountable to the people and Congress.  They just claim their "enabling legislation"......no matter how old or restrictive......gives them the power to do whatever the hell they want.  They just write new "rules" and write new "regulations" and publish it all in the Federal Register.........and wallah........."law".

Just like Obama whipping out his pen and signing one new EO after another and we are told we have "law" too.  Sorry, go read the Constitution.  

Article Two defines the executive branch and presidential powers:  https://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution   NO WHERE in it does it even mention "Executive Orders".  There is NO expressed power in the Constitution for the president to ever write EOs and claim they carry the power of law.  

George Washington started the practice, from his military background of issuing General Orders to the troops, of issuing executive orders to his executive branch members/offices as a way of directing the function and coordinating policy within the executive branch.  It's considered an "implied" power.  BUT, a power to direct the executive branch, NO to usurp Congress and write "law".  They started off simple was ways to direct the closing of offices for holidays, the placing of the flag at 1/2 mast for deceased dignitaries, etc.  Over time they became more and more far reaching, became ways to instantly do something around Congress and in spite of Congress.  

Sadly, the courts have never reigned in the president and Congress failed to do so as well.....and today we have executive power that replaces the Constitutional role of Congress:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/prespowers.html  Congress needs to grow a spine and reign in the abuse of EOs.  Trouble is this....Obama's placed 2 Supreme Court justices that are Liberal as you can get.  The court is evenly divided.  IF Obama gets anyone on the high court to replace Scalia, we're totally doomed as the godless, Commie Liberals will then have a solid 5 to 4 vote EVERY case, every decision and THEN there won't be anything to do but have a full-scale revolt and start over.

Yep.   They have become a 4th Branch of Government.  Run by appointees, not elected to office.

They all have gone SO far off the reservation...  Just look at Obama's EPA.  They have written their own Clean Power Plan effectively killing all coal power in Amerika.  Say what?  They have written their Waters of the United States rules that are the biggest private property takeover in all U.S. history, claiming the power now to regulate every drop of water in the country......wetlands, seasonal ditches, ponds, creeks, streams......NOT just "navigable waterways" as originally written into the Clean Water Act of 1972.  Say what?  They are writing their new Ozone rule to try and kill oil & gas drilling, which will cost us millions of jobs and cost the economy trillions.  Say what?  The EPA just does whatever they want and traitor/criminal Obama just VETO's any Congressional legislation trying to reign them in:  https://www.kfb.org/Article/Obama-vetoes-WOTUS-repeal

Here the criminal/corrupt EPA has been fining a Wyoming couple $37,500 a DAY..........the fine now over $16 million...........for building a stock pond on their property with a Wyoming state permit. The EPA says THEY control all water now, and even IF the state said no problem, gave them a permit, the EPA won't and is demanding they destroy their stock pond. http://www.americanthinker.com/blog/2015/08/wyoming_farmer_battling_epa_over_legal_stock_pond.html

The EPA released millions of gallons or heavy-metal laced waste water from a mine here in Kolorado, it's polluted not 1, not 2 but THREE rivers down stream and the EPA barely said "uh, sorry".....and nobody's been fined millions, fired, sent to federal prison like the EPA would have done to you or me if WE'D caused the spill. Criminals all...

The Dept. of Interior, USFS, BLM.......USFWS.............they ALL just act as lawless government departments & agencies.....giving Congress & all us citizens the middle finger.   Embarassed

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by russau on Tue Mar 29, 2016 4:26 am

Well Ive read that the day of reckoning is comeing ! tha good people of the United States wont put up with this much longer and all heack will break out once Americans "wake up " and understand whats going on!

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by Chief05 on Tue Mar 29, 2016 5:31 am

Liberal head- in- the- sand political correctness has killed common sense. Europe is toast. People like Angela Merkel just don't get it. Nor does about half of our country.

Ron

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

Post by russau on Tue Mar 29, 2016 2:53 pm

So true!

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Re: Colorado -- Metal Detecting Cache Creek -- 7 Mar 2016

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