http://dcpagold.myfastforum.org/Hey_MEG_a_...u__about67.html
From cowboy444:
I've been following your teachings for quite a while. Please correct me if I'm wrong.
1. The 1866 and 1872 mining laws gave all unowned property to the citizans of the United States.
2. Forest Service, BLM, and Oregon State Land is designated as a mineral reserve.
3. A mineral reserve is open to exploration by citizans of the United States.
4. Forest Service, BLM, ODFW and Oregon State Land can NOT make laws that take away my right to explore for valuable minerals.
5. Wild ans Scenic Waterways controlled by USFS cannot be closed to mineral exploration while using motorized equipment.
6. ODFW, USFS,BLM, ODSL cannot regulate the timing inwater for any waterway in Oregon.
basically, what I'm asking is: What is stopping me from taking my 4" dredge and putting it in a Wild and Scenic and ESH Waterway and dredging for gold in Oregon. Please note that I would respect the inwater timing so as to not doing any harm to spawning Salmon.
I sure hope you can clear up my questions.
cowboy444
Mineral Estate Grantee
Cowboy444,
The grant did not give away all unowned property. This is why there is a limitation that your occupation be "reasonably incident" to the purposes of the grant. The 1866 Act, http://www.grantedright.com/The_Law.html, established a constructive trust only of the mineral lands on the unapproriated public domain. I would not, without more of a study and discussion, include "State Land".
Section 9 says "rights to the use of Water" "have vested and accrued". Being water has been, as a matter of law, appropriated to all lawful uses since then, I must ask about your observation of "in-water timing". This comes from what authority providing that it may diminish the unlimited grant of water to all lawful purposes?
What keeps anyone out may be any or a combination of the following:
"Ignorance" whether willfull or not of the "Mining laws" in para materia, either by the grantee or "law enforcement".
Trying to give you some sort of an example of the dynamic, When confronted by the sheriff we were not "dredging", criminally or otherwise, nor were we using a "dredge". And after some length of discussion the insistent deputy was told that if he made a report or filed a complaint that said that we were "dredging", I would go after him for fraud.
So the problem to answering your question would be, If you do not undertand what Dredging is, or, if you have accepted the grant, why it is you are not "dredging" or why it would be fraud for anyone to assert that on a complaint alleging a charge against a grantee, then you need to do a bit more studying.
When asked about what it was we were doing if not criminally dredging, I responded something similar to, that we were developing our pedis possessio claim by right of the grant of the Act 1866 and we were using a Mineral Exploration Gizmo to do that.
And when the deputy asked how the machine worked, [because in his ignorance he believed that if I described its function as defined under inapplicable law, the Clean Water Act, he would have authority to impose it, and to avoid that entire problem of ignorance imposed], I told him I was Mining My Own Business, just as our T-shirts say, and the function of the machine was a proprietary or trade secret.
Right now there is nothing protecting you from the direct abuse of errant "law enforcement" and judicial corruption, ala, Clifford Tracy. These ongoing questions might be a good reason stopping people from taking up and developing our granted property....though it hasn't stopped us, as I just explained. Your mileage, as they say, will very.... and in particular maybe because of the Corruption as Tracy experienced. We are diligently working to stop this crime against our people.... even this Thanksgiving Day.
Hope that helps explain some of the issue.
MEG
P.S. We are free to choose to work around the needs of nature. I would encourage knowledge and respect of the hydraulic habitat avoiding harm. Nothing is stopping us from recognizing the needs of nature to avoid damage.
Government Guidelines may be helpful but are not controling, or relevant in most instances, however. That is why they are called guidelines.