BLM issued a cease and desist order without a court order and without 'Coordination Authorization'....with local authorities. Federal officials acting lawlessly. Possible federal land grab to seize gold rich property on behalf of Chinese government.

Below is a partial letter from Kirby Jackson the Recorder for the Galice Mining District. In the letter which is addressed to a number of individuals and is directed at Mr. J. Perez, the BLM’s State Director there is a great deal of information setting the case against the BLM and their heavy handed tactics. As we have mentioned there appears to be no Coordination Authorization on the part of the BLM which is mandated by federal law before such actions can be taken against citizens and their property. The letter was ccd to numerous state and federal officials. A partial list appears below the letter. Parts of this letter have been left out.

On 4/12/2015 11:59 PM, Kerby Jackson wrote:

While I will not go into the details of this case, what I will say is that of all the local mining districts (three), Galice has actually attempted to have been the “most friendly” with BLM, by actively trying to encourage certain people inside the Medford District to actually take advantage of opportunities

to come to our meetings to put forward their viewpoints and positions.

As well, though we do not “toe the line” of the two agencies, our “official view” of the surface management authority of the agencies in the United States Code is actually remarkably closer to the view of BLM and USFS than it is to a lot of other miners. This probably has much to do with the fact that we have devoted considerable resources to obtaining actual textbooks on modern Mining Law and have studied that material in great detail. While we have questioned the legality of a lot of those regulations, we acknowledge that they are reality until they can be proven to be unlawful and that the average miner is better off to try to work with the agencies if they want to get something done in relative peace.

To date, while there have been some friendly one on one conversations between ourselves and a few BLM employees, Medford has refused to attend meetings for the purpose of engaging in discussions or putting on presentations. This same institutional arrogance is the root cause of the brewing situation in Galice in that disagreement does not result in rational conversation with BLM, but instead results in BLM pulling their club out and threatening to bludgeon you with it, while in the meantime, the entire agency promptly cuts off communication and refuses to answer legal notices and demands for records which they are obligated to produce.

In addition to violating their very guiding light, the 1955 Surface Resources Act by unlawfully attempting to steal surface rights from a Pre-55 claim, BLM (not only Medford, but also the state office) have also actively worked to supress public mining records, have engaged in intimidation and harassment, have blatently violated the statutory requirements of the Freedom of Information Act and more that I will not go into. In the meantime, BLM is also ignoring Josephine County’s request to co-ordinate, in violation of federal law. Ultimately, BLM are really excelling at breeding hostility in this county and elsewhere.

This brewing hostility is so great that one would think that it is either intentional or simply that BLM, in their arrogance, have no interest in getting along with the locals.Since we have Mr. Perez, BLM’s State Director, as a recipient of this e-mail, let me make the following items crystal clear: Mr. Perez has the power for his agency to keep the peace in this county and to protect his agency’s future.

The miners involved in this are still receptive to having a serious sit-down with BLM for the purpose of BOTH sides to put their cards openly on the table and to discuss that issue in a reasonable matter. As part of that, we would also want Josephine County Legal Counsel Wally Hicks to also be present and for BLM

to also hash out the county co-ordination issue so that it is be solved at the same time. That offer is probably in the best interest of everyone involved toward a peaceful resolution and the miners in this case have been asking your employees for three months to produce evidence of your surface authority via a

legal document signed by an owner o record that adheres to the 1955 Act, which I think you and I both know, your agency does not have in its possession, nor has ever had.

Alternatively, you can simply proceed down the legal path with both the miners and the county and BLM can take its lumps in court. The county can do to BLM what it decides to legally and we will do what we decide to do you legally. While I realize that as a rule, BLM does not take the mining community very seriously because we are often guilty of being “a lot of bark, with no bite”, and in fact, many miners are not the best read or best educated people and are often easily influenced by people telling them what they want to hear, I want you to understand that this time you are dealing with some miners that are unlike any your agency has ever dealt with. To be perfectly frank, we are actually looking forward to seeing BLM in court simply because you have given us a once-in-a-generation opportunity to actually change the course of mining law history.

That being said, I also want it understood that if your employees pull any of their favorite shenanigans like attempting to burn mining incident buildings, stealing equipment or whisking a miner off to some other county at 2 AM based on administrative bullshit without due process, such as your agency is so

historically fond of doing and has done hundreds of times in the past, you are going to have a very serious problem on your hands. That sort of activity will not be tolerated any longer, Mr. Perez.

I also want it perfectly understood that if you start to “play Cowboy” and any of your employees injure, let alone kills any other person in this county, that it is on your head and what will be, will be.

Today is the 1st anniversary of the Bundy Ranch Standoff. April 19th will mark the 250th anniversary of the Shot Heard Round The World and the Battles of Lexington and Concord. None of that is lost on us.

Mr. Perez, I encourage you to do the right thing in this matter and to come to the discussion table with all involved and insure that the records your agency is obligated to provide under federal law are produced or to simply allow this situation to go through the court process opposed to allowing your employees to create yet another national incident.

Regards,

Kerby Jackson

Recorder – Galice Mining District

“Modoc County Record” , “Dave

Mack” , “Mining Alliance”

, “Kerby Jackson”

, “rcaruthers@fs.fed.us” ,

“jperez@blm.gov” , “Rep.PeterBuckley@state.or.us”

, “Sen.AlanBates@state.or.us”

, “off@oregonfirearms.org” ,

Comms , “Jack H. Swift, Attorney”

, “tim4429@sbcglobal.net” , “James

Buchal – attorney” , “colbymarshall”

, “Wayne Krieger”

,

*Subject:* OREGON BLM vs Galice Mining District So. OR : Bundy ranch redux??

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by PAUL PRESTON

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