Open Letter to Claim holders & Patented Mineral Landholders

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  • rhartill
    Advanced Explorer
    Mojave Outlaw
    • Jun 2008
    • 226

    Open Letter to Claim holders & Patented Mineral Landholders

    OPEN LETTER TO CLAIM HOLDERS AND PATENTED MINERAL LANDHOLDERS

    In 1980, I was part of a three man team that wrote a history of mining in the California Desert. Dr. Gary L. Shumway from Cal State Fullerton secured a contract to write this history for the BLM, who was studying mining as part of its mandate to document the California Desert Conservation Area. Dr. Shumway’s bid was accepted by the BLM to conduct an historical overview of 200 years of mining history within the five desert counties of Imperial, Inyo, Kern, San Bernardino, and Riverside. Dr. Shumway learned of Larry Vredenburgh’s interest and work on San Bernardino and Riverside counties, and Larry was given responsibility for writing about the mines within those two counties. I met Dr. Shumway in August of 1978 and was given the task of writing the histories for Imperial, Inyo and Kern counties.
    The contract with the BLM included a request to make recommendations as to the relative value and ranking of historic mining sites within the California Desert Conservation Area. This part of the contract I wrote, and subsequently released separate from Desert Fever as Preserving Our Mining Heritage: The California Desert. The contract with the BLM called for the submission of a final report to them in early 1980. Dr. Shumway asked for, and received permission to retain the copyright on Desert Fever and it was published by The Living West Press in 1981. Desert Fever was printed in a limited numbered edition of only 1000 copies and received critical acclaim within the mining history profession. The first edition sold out in approximately 1985. Copies of the original first edition can be found in the Bancroft Library, The USGS Library in Reston, VA, and within the private libraries of many mining exploration companies.

    However, the legacy of Desert Fever is currently being maligned and attacked by the very agency which sought its creation. While the recommendations are still pertinent in today’s environment, none of them to date have ever been implemented. The California Desert Conservation Area was upgraded to the status of a National Park, and yet the mining history values within the East Mojave National Park have yet to be interpreted and respected.

    The BLM is embarking on a strategy to eliminate mining history from the lands they manage on behalf of the American people. Under the guise of safeguarding the public from themselves, they are inventorying mining sites and ranking them, not for the purpose of explaining the rich history of mining in the American West, but for the elimination of “hazards” and reclaiming the lands to pre occupancy levels. They believe that any mine opening within general range and popularity by the visiting public is automatically a public safety hazard and they propose sealing and closing these “books” of mining history.

    Isaiah once lamented that one cannot read a sealed book. (Isa 29:11) By backfilling historic mines throughout the West, the BLM is sealing up a valuable legacy and burning books. The information contained in mines is priceless. Sealing them up is tantamount to book-burning. The BLM is twisting mining law on its ear and engaging in a war of intimidation against mining claimants who chose to keep the pre-1976 mining shafts open and accessible on their claims. BLM is actually suggesting that claimants are responsible for any and all liability on their claims unless they agree to allow the BLM to seal up shafts.



    BLM is interpreting FLPMA as requiring claimants who deny BLM permission to seal shafts to be required to file a plan of operations and to post reclamation bonds for the shaft’s closure after the claim is relinquished. The BLM is quick to cite regulations, policy, public safety, environmental protection, love of bats, and just about anything as an excuse to eradicate mines and their history. But they utterly fail to take into account the historic preservation laws they must follow and by which they must abide.

    A pre-1976 shaft is more likely than not an historical artifact and as such is protected under Federal laws. Backfilling a shaft impacts the integrity and significance of a mining site, making it illegible for inclusion in the National Register of Historic Places. If a private party were to take or destroy an NR eligible site on public land, they would be subject to fines and imprisonment. Why then can the BLM do the taking and destroying and get away with that which a private party cannot?

    Announcing the Adopt a Dump and Save a Shaft Programs
    The NHMI (National Historic Mining Initiative) needs your help. Instead of calling into the BLM with the location of a shaft that needs fixing fast, we encourage you to contact us instead. We will compile an inventory of mining sites, shafts, dumps, and artifacts that need preserving. The inventory will include documentation, photographs, ore samples, assays, and the exact location of the cultural resource. Volunteers will be solicited to advise us of any vandalism or effort on the part of the BLM or state agencies to close, reclaim, backfill, or otherwise tamper with the historical/geological/biographical and legal history of the shaft and associated sites. Mining historians fear that at the current rate of reclamation, it will only take a few more years to complete eradicate the history of mining from the landscape of the American West. The BLM and State Abandoned Mine Land Reclamation Programs are under the mistaken notion that they have a mandate to erase mining history and reclaim pre-1976 mining areas to a pre-occupancy status. They claim that they are “white-hat” agencies doing the public good. The sad fact is the good guys don’t always wear white hats. We will defend claimants who deny BLM/State Agency permission to seal shafts and wish to preserve access to the history on their claims. We extend this offer to any private landowner of mineral patents as well. DO NOT sign permission waivers until you contact us. For more information, contact

    NHMI
    c/o Russ Hartill
    140 W 9000 S Suite 1
    Sandy, UT 84070
  • Derek
    Advanced Explorer
    Mojave Outlaw
    • Jul 2008
    • 340

    #2
    Good job Russ!
    -Derek
    Mojave Mine Team

    Comment

    • ExpUt
      Senior Member
      True Mojave
      • Jul 2008
      • 557

      #3
      Very cool. Are there any plans to distribute this to claim owners throughout the west? I don't know a reasonable way to pass this along but there has to be a database of claim/patent owners throughout the west?

      What about making this into a "sign", it could simply be a printed sheet, have it laminated and place then at mine openings we all visit. Might attract some sympathetic users too.
      Kurt Williams
      CruiserOutfitters.com
      ExpeditionUtah.com
      MojaveUnderground.com

      Comment

      • rhartill
        Advanced Explorer
        Mojave Outlaw
        • Jun 2008
        • 226

        #4
        Signing a great idea

        I have forwarded the open letter to the California Mining Journal, will see if they pick it up and print it; putting this on a sign is a *great* idea, I'll work one up!

        Comment

        • ExpUt
          Senior Member
          True Mojave
          • Jul 2008
          • 557

          #5
          Re: Signing a great idea

          Originally posted by rhartill
          I have forwarded the open letter to the California Mining Journal, will see if they pick it up and print it; putting this on a sign is a *great* idea, I'll work one up!
          I think MojaveUnderground "leave behinds" would be neat too, we might consider combining them with your note. I visited a half dozen openings this past weekend, it would be need to slip a note at the end of the mine, maybe another near the opening. Just a brief note about Mojave and how to get in contact with u on the web.
          Kurt Williams
          CruiserOutfitters.com
          ExpeditionUtah.com
          MojaveUnderground.com

          Comment

          • Stuart
            Administrator
            True Mojave
            • Sep 2007
            • 828

            #6
            Excellent!!

            Announcing the Adopt a Dump and Save a Shaft Programs. What a great title! Don't subscribe to the fix a shaft fast bull, call us instead!

            I believe the open letter you crafted above should become our new spearhead effort. What do you think about creating a website for the National Historic Mining Initiative and Adopt a Dump and Save a Shaft program? I imagine we will also be presenting this strategy in June. I believe we will find many allies there.
            -Stuart Burgess
            Mojave Mine Team

            Project Manager
            Burgess Exploration LLC
            http://www.burgex.com

            Follow me on Twitter: http://twitter.com/MineExplorer
            Follow me on Facebook: http://www.facebook.com/MineExplorer

            Comment

            • Mike
              Administrator
              True Mojave
              • Sep 2007
              • 1050

              #7
              Amazing job, Russ. Feel free to call on the skills and resources of Mojave Underground for any reason; all Pro bono publico.
              -Fish
              Mojave Mine Team
              MU Web Administrator

              Follow us on Facebook

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              • rhartill
                Advanced Explorer
                Mojave Outlaw
                • Jun 2008
                • 226

                #8
                NHMI

                Let's do it. Yes, more information will be forthcoming in June at the Creede convention--you read my mind. Does MU wish to house the webpages for the NMHI on their server under MU.com? I'd be happy to create several pages, with links to the MU locations wiki I am STILL planning on updating. I am currently scanning like crazy trying to increase my document count on scribd to an even 1,000 I should have something ready to roll up by the end of the week.

                Comment

                • Mike
                  Administrator
                  True Mojave
                  • Sep 2007
                  • 1050

                  #9
                  Sure, sounds great Russ! We'll be happy to host it all on our servers, and I'll take care of the admin stuff for ya. Lets choose a domain name first. How does www.adoptamine.org sounds? NMHI.xxx is taken, so that is out of the picture.

                  I'll go ahead and reserve everything you need on the server Russ, just let me know what you need and I'll make it happen.
                  -Fish
                  Mojave Mine Team
                  MU Web Administrator

                  Follow us on Facebook

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                  • rhartill
                    Advanced Explorer
                    Mojave Outlaw
                    • Jun 2008
                    • 226

                    #10
                    Mike- adoptamine.org is PERFECT. Let's use that. Is the server happier with FP extensions or linux for the bells and whistles?

                    Comment

                    • Mike
                      Administrator
                      True Mojave
                      • Sep 2007
                      • 1050

                      #11
                      The server does allow FP extentions, however it is a linux server, and is happiest running in a linux env.

                      I have purchased the domains adoptamine.org and adoptamine.com, with the .com redirecting to the main domain .org. I'll PM ya in a few hours or so with the information you need.
                      -Fish
                      Mojave Mine Team
                      MU Web Administrator

                      Follow us on Facebook

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