California miner needs help after USFS employee steals his property from claim

[Hefty1]

California miner needs help after USFS employee steals his property from claim without any notice. Please spread the word.

http://www.jeffersonminingdistrict.com/legal-news/USFS-Terror-USFS-steals-miners-property-from-california%20-miner.html


Kerby Jackson
Chairman - Jefferson Mining District

When will we finally, as a group, stand together against this criminal assault on a fellow miner?

Oh, so you're too busy huh?

I'll venture to guess that if it was your property stolen in an illegal act, you'd make the time to be involved...

There is power in numbers.. why can't most of you understand that?

 

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[Treasure_Hunter]

Please remember there is no politics allowed............

 

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[Hoser John]

What a laugh as even a young childs show like Sesame Street deals with political topics regularly. No skin offa my nose as to be political ya must have rights and we have lost ours wrongly........John

 

[Treasure_Hunter]

John, it is against the rules here to discuss politics or to post in a political fasion if it is not directly related to treasure hunting in some fashion.............

“You may not.... Start a thread to specifically promote or discuss politics or religion or respond in a political or religious fashion to a post if it's not somehow tied to treasure hunting.”
http://www.treasurenet.com/index.php?pageid=rules

 

[GrayCloud]

Thats good Treasure Hunter, We will just sit here and keep our mouths shut, while we loose all our rights to prospect.
And when that happens, so ends the T-Net. You guys need to decide if you want to be politically correct or if you want to be men.
I choose to be a man and standup for my rights and freedom.
Nuff Said.

 

[Treasure_Hunter]

Greycloud, here is the thing, your comment that was deleted had nothing to do with this thread or with USFS issue at all, it was a political comment not releated to this thread at all.......... Political comments related to the thread have been left alone, any that are not related to treasure hunting will be deleted as per the rules......

 

[Hoser John]

Thanx for clarification, as a visitor in the tnet house I know I MUST adhere...but to lose all our mining rights,which I DO hold so dear,is indeed a vexing confounding situation as legal/right/science/rule of law and such is flushed down the toilet for green mania..... John

 

[Hefty1]

Let the games begin...... Again!

Mon, June 18, 2012 2:47:13 PM

From:

"Fischer, Christopher -FS" <[email protected]> View Contact

Cc:

"Barnett; Gary -FS" <[email protected]>; "Torres; Anthony W -FS" <[email protected]>; "Wiese; Karen -FS" <[email protected]>; "Madrigal; Tom -FS" <[email protected]>; "Weaver; Rick -FS" <[email protected]>... more Mr. Hepfner, As a reminder, in order to work your mining claim, you will need to have an approved Plan of Operation (POO). Please work with my office to get an authorized Plan of Operations for your mining activities at your earliest convenience. Until you have an approved plan, any mining activities, associated equipment or occupancy of National Forest System lands is prohibited. I look forward to hearing from you on this matter. Sincerely, Chris Fischer District Ranger American River Ranger District, Tahoe NF W: 530-478-6254 x238 M: 530-906-2095 [email protected]

Re: For Notice and Other Purposes of Your Last Email Threat. Date 6/29/2012
Certified Mail _____ _____ _____ _____ _____
Return Receipt Requested to the Office of the Secretary of Agriculture


Notice to agent or employee, is Notice to superior.



Christopher Fischer,

In your email to me last, You asked me to “Please work with my office”.
I cannot work with your office.
a) You fraudulently assert authority’s you don’t have.
b) You wrongfully deprived me of my property and rights without due process, or consultation, or the right to do so.
c) You flout your own policies, the codes, and the law.
d) Your office and law enforcement lie whenever it suits your needs.

Most any of the commissions of the above are felonies under federal and state law. For instance, and not limited to, you know that when you violated my expectation of the honest administration of government you committed a felony under federal law. When you used your office to deprive me of the use and enjoyment of my property, that's a felony extortion under state law. How am I supposed to work with such a criminal band, Mr. Fischer.

Further, when I recently picked up my stolen equipment from the American River Rangers District, ARRD work shop, in Foresthill, Ca. my helper was talking to a LEO there and told him we were taking the equipment right back down to the claim. The LEO asked, “Today”? My helper responded, “Yes, why not?” Then posed the question to the LEO, “Is there a law against that?” The LEO just walked away. This shows that there is no law against working my claim. So why are you fraudulently asserting that I need a POO to work the claim? Why isn't the law enforcements officer tacit agreement that there is no law you can use to stop my mining incident activity good enough for you that you continue your extortionate demands?

But your email makes some other unsupportable references which I will have to clear up, whether or not there is ever a time I can work with your office. In your email you use the following terms which appear to imply some sort of continuing obligation on my part to some undisclosed authority on your part, for instance:

1) “As a reminder,”
Your use of the word “reminder” supposes a prior authority that I was obligated to, the orders from which I was required to subject myself. You know there is no such obligation or requirement as will be further discussed. I am not reminded of anything.

2) “in order to work your mining claim”
While identifying it is in fact my claim, and not the government's or yours, You challenge that I cannot work my mineral deposit claim. Where Congress has required that I work my discovery and have the implied right to work my claim, How is your imposition not a taking, and not an infringement of the grant conveying possessory title evidencing that I have exclusive enjoyment and use, including the entire surface within the limits of the claim, assertable even against the United States as your Forest Service Manual explains to you?
a) Show cause, How my mineral deposit location was not restored to public domain, segregated from the forest reserve by operation of law, Act of 1897, and disposed to me and my determinations, exclusively, by operation of law, the mineral disposal acts of 1872 to 1865 and that this grant did not provide a complete authorization other than your approval to work my claim.
b) Show cause how you are not acting contrary to the congressional mandate upon you by the FLPMA that “no provision of this section or any other section of this Act shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act.”

3) “Until you have an approved plan, any mining activities, associated equipment or occupancy,” “is prohibited”.
Where I was working before without a plan of operations, your demand here now for a plan of operations appears to be retaliation and retribution for the trespass and theft of my property that was recently committed by your office, whereby you were caught and returned some of my property.
a) Occupancy was granted to me under the mining laws, not subject to your authority, See # 2 above.
b) This other authorization in the form of a congressional grant is not a special use delegated to your administrative management authority that you have discretion over. Show cause that it is.

4) “is prohibited”
As you know prohibition of a granted property is a facial takings of my granted property. It is also a fiduciary breach, a very serious crime. Show cause how your purported prohibition is
a) Lawful,
b) not an takings; and
c) not a fiduciary breach.
d) For the purposes of establishing jurisdiction between the district court and the United States Court of Claims, for unlawful takings, show cause further, how your action thus far are not torts.

5) You use the phrase, “an approved plan of operations”.
a) Show cause in the Act of 1872, the grant terms of which I am obligated to fulfill, where in that act is a Plan of Operations required?
b) Show cause how my private mineral deposit claim is a major federal action subject to the NEPA.
c) By the most extreme odds that you can show the NEPA applicable, produce the prerequisite Notice of Intent, and Environmental assessment the agency did from which any Plan would be based?
d) Given you can show cause the lawful imposition of the NEPA upon my private property, admit you have the cart before the horse or show cause how you do not.

6) “National Forest System lands”
You fraudulently assert that my mineral deposit claim comprises “National Forest System lands” despite the removal of the segregated land by my discovery by operation of law. Where Congress has mandated a reservation of the minerals and land in the Organic Act of 1897, where it states, lands found valuable for minerals may be restored to the public domain and is by operation of law, and where the mining laws culminating in the Act of 1872, convey possessory title, including authority and jurisdiction, exclusively to me of the public domain so removed from the forest reservation, maintainable against the government grantor's interest, including you or the USFS, show cause how you haven’t committed a fraud to declare my private in-holding under the mining law of 1872, and 1897, is “National Forest System lands”?

Until you show that my mineral deposit claim is other than the private in-holding within the forest reserve Congress granted, Your “prohibition” appears valid only upon land I do not possess or intend to work. Show cause this is not the fact.

Because your letter implies official threat of action, however unlawful, You have 14 days to answer to the above identified frauds and other actions to show cause how you are not committing or have not committed any felony, tort, or taking, or acting or intending to act contrary to law as regards your last email and that you can definitively show contrary to your previous theft that you can lawfully proceed and have been doing so.

It is up to you to make sure all get this notice. Everyone who you sent a CC of the below, the “Fischer, Christopher-FS” email to Mr Hepfner, shall return a response disclaiming their part in the apparent criminal actions taken against me by Mr. Fischer or the USFS, whether privately or officially, or be held to be aiding and abetting, or as accessories to the felonies Mr. Fishers commits or the harm caused by the fraudulent statements made or the actions taken knowingly, willfully, and intending to extort from me the exclusive use and enjoyment of the valuable mineral deposit property granted exclusively to me by Congress. There is no excuse. Not responding to tell me that you do not concur with the Actions of Mr. Fischer to expressly denounce those actions or omissions to act to adversely impact my rights and property contrary to law will bring you into liability as an accessory, if not worse.

I look forward to hearing from you all on this matter.

Mark Hepfner


cc: Secretary of Agriculture.
U.S. Department of Agriculture
1400 Independence Ave, S.W.
Washington, D.C. 20250

cc: The office of Congressman McClintock
428 Cannon HOB
Washington, DC 20515

From:	"Fischer, Christopher -FS" <[email protected]> View Contact
To:	linda rhodes <[email protected]>
Cc:	"Barnett, Gary -FS" <[email protected]>; "Torres, Anthony W -FS" <[email protected]>; "Wiese, Karen -FS" <[email protected]>; "Madrigal, Tom -FS" <[email protected]>; "Weaver, Rick -FS" <[email protected]>; "Tebbe, Mo -FS" <[email protected]>

Mr. Hepfner,

As a reminder, in order to work your mining claim, you will need to have an approved Plan of Operation (POO). Please work with my office to get an authorized Plan of Operations for your mining activities at your earliest convenience. Until you have an approved plan, any mining activities, associated equipment or occupancy of National Forest System lands is prohibited.

I look forward to hearing from you on this matter.

Sincerely,

Chris Fischer
District Ranger
American River Ranger District, Tahoe NF
W: 530-478-6254 x238
M: 530-906-2095
[email protected]


P.S..And lets not forget Chris Fischers own words.

Release Date: Feb 5, 2009 Contact:

Chris Fischer, New District Ranger on American River District, TahoeNational Forest Foresthill — A native Californian from Sacramento, Chris Fischer is the new District Ranger on the American River Ranger District in the TahoeNational Forest. As District Ranger, Chris is the line officer responsible for managing the 235,000 acre American River District, east of Auburn in PlacerCounty.

"I strongly support the mission of the Forest Service and look forward to leading the district, especially now, given the new challenges of urbanization and climate change. I grew up in Sacramento with the Tahoe in my backyard and love it—the beauty, abundance of recreation, and diversity of the forests. I am especially looking forward to working with the communities and sharing in their vision and goals for the National Forest. They have entrusted the management of these lands to the Forest Service and I feel a tremendous responsibility to manage the forests—their forests—to meet their desires. And I couldn’t ask for a nicer and more dedicated group of employees at the Ranger District in Foresthill. It has been a pleasure to get to know them,— stated Fischer.
About Us - Mission


Mission, Motto, Vision, and Guiding Principles

Mission
The mission of the USDA Forest Service is to sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations.
Motto: Caring for the Land and Serving People
The phrase, "CARING FOR THE LAND AND SERVING PEOPLE," captures the Forest Service mission. As set forth in law, the mission is to achieve quality land management under the sustainable multiple-use management concept to meet the diverse needs of people:
Guiding Principles
To realize our mission and vision, we follow these 13 guiding principles:

• We use an ecological approach to the multiple-use management of the National Forests and Grasslands.
• We use the best scientific knowledge in making decisions and select the most appropriate technologies in the management of resources.
• We are good neighbors who respect private property rights.
• We strive for quality and excellence in everything we do and are sensitive to the effects of our decisions on people and resources.
• We strive to meet the needs of our customers in fair, friendly, and open ways.
• We form partnerships to achieve shared goals.
• We promote grassroots participation in our decisions and activities.
• We value and trust one another and share leadership.
• We value a multicultural organization as essential to our success.
• We maintain high professional and ethical standards.
• We are responsible and accountable for what we do.
• We recognize and accept that some conflict is natural and we strive to deal with it professionally.
• We follow laws, regulations, executive direction, and congressional intent.

WHEN

 

[63bkpkr]

I believe a standing Ovation for Mark is in order!!! Awesome Mark! It is just amazing the information and knowledge you've put together/gathered/formulated etc. in the course of suffering through this attack on you and your claim. I also find it astounding how blatently ignorant this Forest Service "Official" is about human rights, mining laws and common decency. In his own words versus his actions he has turned his back on "We the People" and along with others in the FS Community has turned into one real 'stinker'. (I cleaned that up as this forum is visited by younger and gentler folk)


I feel the mining community must be watching this action evolve and are waiting to hear about the responses you receive from your most recent input to the ill informed.......63bkpkr

 

[Hoser John]

Fantasic letter Mark and cool minds do prosper. MOST important factoid to your letter is--laws mandate a answer within the perscribed time limits,14 days--forest circus constantly violates this mandate- and if they do NOT answer in a timely manner than by prescription and non compliance you are thusly legal in all you do as your letter DEFINATELY qualifyes(qualifies hahaha) as a valid NOI and good to go. The dance continues ........................................John

 

[nuggetshooter323]

Just an aside....I don't mean to hijack this awesome thread, but this is all about politics. The current administration has implimented more than 10,000 regulations on it's own. No debate in the House or Senate. One branch dictating to us all.

Please remember there is no politics allowed............

 

[Fullpan]

Gigantic Cajones, Hefty!! I'm feeling a tightness in my gut way over here in Nevada. I'll keep the 1,000 under my mattress for awhile, haha.

 

[Hoser John]

PLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLEASE DO NOT DELETE THREAD... just offending whatever as extremely important moderators----John

 

[russau]

Hefty1,fantastic post! thankyou!!!

 

[Treasure_Hunter]

PLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLEASE DO NOT DELETE THREAD... just offending whatever as extremely important moderators----John

John, as long as thread stays on point about the subject matter and does no break off into politics that has nothing to do with the thread it is in no danger of being locked by me.... I will delete political replies that are not directly related to topic, but will leave thread up since it is related to treasure hunting and your trying to keep it on topic...

 

[63bkpkr]

Just a thought -

If prospecting including metal detecting for gold is slowly illegally outlawed by simply ignoring the mining laws and instituting laws that are never voted in by we the citizens of this country then the content of Tnet will diminish. The owners of Tnet will be in danger of losing their investment in this site.

If prospecting is outlawed as "they" are trying to do through illegal political metods then in town coinshooting, treasure hunting and all types of electronic prospecting will be outlawed and Tnet will no longer have any posts and therefore no Tnet.

In the recent past other prospectors and metal detectorists have posted about this loss of rights. In my prospecting and metal detecting I've not had any run in's with the FS or law enforcement however I am concerned at what is going on as Mark's claim is not far from where I prospect. I do not need some hot shot FS operative using illegal and false statements to harrass me and order me out of the mountains. They think they own the place, they do not. But without folks like Mark standing up for what is legal, true and honorable the collective "we" will all loose. I would hope that "all of us" will band together and fight with Mark to stop what government officials are attempting to illegally foist upon all of us. In my opinion this should include the management of Tnet.

With all due respect..........63bkpkr

As one U.S. General so succintly stated to the NATZI demands for surrender........ "NUTTS"!

 

[Treasure_Hunter]

As stated political comments related to topic will be left alone, political comments that have nothing to do with the thread other than to bash a particular party or candidate are subject to deletion.

 

[greydigger]

Thank you Mark and best wishes.
Thank you also 63, we have had some shutting down of detecting here locally.
"Cannot break the ground" was the term I was told .
I should have gotten the fellows name, but was too shocked at the time.
Grey

 

[RANGER31]

one hell of a letter u covered all the bases there i applaud u sir on Ur fight as u are knot just fighting fore Ur rights u are fighting fore all of us with out Men like u we would loose even more of are rights as they continue to implement more and more of agenda 21 and that's what its all about to kick us off are land knot there land but are land it will take all of us united in fighting this agenda they are implementing. so once again Sir i applaud u for standing up and writing one of the best dang letters i have ever seen.

Thank u fore makeing a stand.
RANGER

 

[Hoser John]

Ifn' ya like that a one(which is great) then you've never read Tom Kitchers body of work for the Oregon Miners in numerous organizations as his eloguence and exacting menace is indeed a breath of fresh air in a world of CENSORED-John

 

[nuggetshooter323]

As I mentioned above, the Obama administration has implimented more than 10,000 regulations. The political appointee in charge of the federal office that oversees implimenting and writing all regulations that come out of Washington is Cass Sunstein. This person has been quoted as saying that he believes in using regulation to "nudge" people in the direction that the administration wants us to go. This is an abomination as far as what the Founders had in mind for our federal goverment to run. The federal goverment is supposed to "support the general welfare", not write regulation that "nudges" us in the direction that in their "opinion" we should go. Regulation is basicly expansion of the federal goverment, and to quote Ronald Reagan, "As goverment expands, liberty contracts." It seems that in the case of Miners, they want to make very inconvenient for us to carry on with our activities, and they are doing their best to turn the general public against us. They want to make the general public think that anybody that wants to dig anything out of the ground is "stealing", and somehow our treasure hunting methods are destroying the Earth.