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Mmac power point4-17-15 - copy
1. The miners declaration of
independence
Minerals and Mining Advisory Council
(mmac)
www.mmacusa.org
Use your mouse to click and advance to each slide.
2. The Council’s Mission
• To Unite Groups, Organizations
and Miners. All Unified Fighting
For One Cause.
• To Show the Power of the Unified
Mining Districts to the
Government. Then to take back
Our Miners Rights and Our Public
Lands under Nationally Organized,
Modernized and Unified Mining
Districts.
• There are many organizations and
one district that feels their thunder
has been stolen and the fear of
losing their donation pool, member
pool or egos will struggle. They are
working on a local or regional
level. MMAC is working on a
Federal Level. A National, Federal
Law, Changing level.
• Everyone is going different directions and
not getting to the end result. Changing the
National Federal Laws.
• Most mining districts (99%) are not even
active or known about. We have to
change that. The government does not
fear miners, mining groups, miners
organizations that are not together. The
The Government Fears Unified Causes.
• Miners are not respected or known at all
as owners of the public land mineral
rights from most government officials. So
miners are not included in the land use
process or decisions. MMAC can change
this. Told to MMAC by BLM and Federal
Advisory Councils, “There is not one
national group that the government and
land decision makers can address”. When
letters go to government they get tossed
as they know the miners cannot agree on
one thing.
3. • To organize the Traditional
(Historic) Mining Districts in easy
to manage state districts called
MMAC Administrative Districts.
• To have the miners owning mining
claims vote in the MMAC
Administrators for a Nationally
Recognized, Organized and
Unified Council.
• After miners vote in the MMAC
Administrators then the
Administrators can assimilate the
needs and problems of the
Traditional Mining Districts and
report to the National MMAC and
to the MMAC appointed United
States Department of Minerals and
Mining for help and change.
• There are thousands of Traditional
(Historic) Mining Districts. It is
impossible to organize that many
mining districts. So the easiest way
to manage the thousands of
Traditional Mining Districts and to
show unity to the Federal
Government and the States was to
slice states into easy to manage and
unify areas called MMAC
Administrative Districts.
• Miners who have their name on
mining claims or clubs that can
give a miner the power to represent
the club or organizational claim,
can put in a MMAC Administrative
Application on behalf of the mine
claim owner.
• So to all the winer miners, quit
your wining and step up. Let the
miners vote you in. Quit hindering
the best thing that has happened to
the miner since 1866.
4. • To be recognized as Federal
Agents and a Federal Agency as
the Law Already States and
provides for if decided by the
miners. (There are private
alternatives with as much strength)
• Funding can be from Congress
without the government running
the Mining Districts or funding
from large mining concerns, this is
only 2 examples. (MMAC already
has funding options unsolicited)
• Unity = Power and Strength.
There needs to be one unified voice
for the mining districts. MMAC is
already accomplishing this
accomplishment and will show that
the Mining Districts could be one
of the strongest agencies or entities
in the United States.
• This is not a bad thing as
misleading organizations may state.
The Law already provides for it.
The law is still on the books and
the government has conveniently
just let it dissolve into the air
because the mining districts could
not unify in the 21st
century as the
mining districts were unified in the
1800’s.
• Funding can be from Congress
without the government running
the Mining Districts or by backing
from large mining concerns, this is
only 2 examples.
5. •To be recognized as Federal Agents if
decided by the miners. (There are
private alternatives with as much
strength) Funding can be from
Congress without the government
running the Mining Districts. (Not
under FACA) Or by backing from
large mining concerns, these are only
2 examples.
•MMAC has already started a new bill
for Congress. The Miners Bill of
Rights; A Clear Path. The Bill should
be ready to go to the attorney by the
end of April 2015. At that point all
miners will need to get a minimum of
62 Senatorial and Congressional
sponsors. YES it will be done.
•Miners, Mining Districts. We
need to Unify now. At the end of
2015 it is to late. TO ALL
MINERS THAT HAVE THEIR
NAME ON A MINNING
CLAIM. PUT IN YORU MMAC
ADMINISTRATIVE
APPLICATION AND
ACTUALL DO SOMETHING
INSTEAD OF SITTING IN THE
SHADOWS LETTING THE
GOVERNMENT TAKE OUR
RIGHTS AND LANDS.
6. Bureau of Land Management (BLM); Why? They know the 1872 Mining Law and
we are supposed to work side-by-side with them according to the law. They consult
mining and mining approves or disapproves. If they got rid of their MOU’s with other
agencies, mining could get back to the old ways and days and other agencies would
not bother mining.
California Desert District Mining Coalition (CDDMC); Has been the only one
with a position at the tables for Minerals and Mining at the state and federal level that
is known about, for over 5 years. What does that mean? CDDMC has shown up and
has a chair on committees and boards to have a vote on changes against public land
take over. Others have had positions on the outside of the table in the public area
where the voice really doesn’t count and there is no voting from the public accepted.
National Mining Association (NMA); The NMA sort of looks out for the larger
mining concerns, but we have had talks with them. They will back us once we are
together as one voice. Why is this good? They have the money and power to lobby for
us.
7. Public Lands For The People (PLP); PLP has been the silent and loud warrior for the
miner for years. Battling in court and cases that others might have taken credit for. They
have been very loyal to the miners for years. MMAC has chosen to partner with PLP as
they are not new on the block and have a proven trustworthy track record. Some people
might not agree with some of PLP’s old tactics, but what can you say. They get the job
done. Please keep donating to them.
The Emerald Planet (TEP); Everyone asks why would you want to be associated with
a greeny like this? It started with Sleepy Bear Mining (SBM). Quick summary. SBM
had known TEP for a while and they found out about SBM’s green and environmentally
friendly mining practices. TEP came out filmed it and blessed the mining operation as
green and environmentally friendly. Did that help? A resounding YES! Other green
groups have seen that the mining operation is friendly to the land, animals and
environment. All mining operations need this help. Instead of the greenies fighting
miners they leave them alone. Mines can educate them.
Political Partners; Who doesn’t need political partners nowadays. This also started
with SBM at the first East Kern Economic Development Summit and the SBM mine
site. Over 200 politicians from city councils, mayors, assemblymen, supervisors,
congressman, senators and out of country dignitaries showed up. SBM has brought
that over to MMAC.
8. The National Association of Mining Districts (NAMD); This organization was put
into the path of MMAC and MMAC has had invaluable help from them. One of the
founders, mining lawyer and legal expert on mining districts left a legacy that was
priceless. MMAC currently receives a lot of direction from the NAMD and one of the
other founders.
There are many other partners, associates and helpers. To many to mention, but
we could not do this without them. The VIP’s. Thank you
9. Organize and Modernize Mining Districts
Pass New Bill. “The Miners Bill of Rights”
Create and Fill Positions
Hold Elections by the Miners for Positions
Gain Strength/Support as Public Land Users and Mineral Rights Owners
Unite All Miners/ All Sizes Under One Voice
Write and Implement Bylaws, Rules, Regulations, to Police Minerals and Mining
Work with Congress and the States to recognize Minerals and Mining as a Federal
Public Land Stakeholders
GOALS
10. Northern Traditional
Mining Districts
Central Traditional
Mining Districts
Southern Traditional
Mining Districts
Northern MMAC
Administrative
District (3-5)
Administrators
Central MMAC
Administrative
District (3-5)
Administrators
Southern MMAC
Administrative
District (3-5)
Administrators
MMAC National Advisory Council
National Director, Regional Directors (3),
Mining Experts (1-3 Issue Driven), Legal
Services (1-3 Issue Driven), Law
Enforcement (1-3 Issue Driven)
Total (7-13)
Law Enforcement General Legal Services
USDMM
Agency Director
NR CR SR NR CR SR
Sub-Committee
If Needed
(1-Legal, 3-Miners, 1-LEO)
Voted in by MMAC Admin
Sub-Committee
If Needed
(1-Legal, 3-Miners, 1-LEO)
Voted in by MMAC Admin
Sub-Committee
If Needed
(1-Legal, 3-Miners, 1-LEO)
Voted in by MMAC Admin
11. Right to Mine
Basis of Rights
No Unreasonable
Inference
Non-Discretionary Right
Miners Must Assert
Rights
Right granted by Congress not permit granted by an
Agency
1866 and 1872 Mining Laws (30 USC Sections 21A-
54)
Mitigation of surface impacts cannot prohibit, hinder,
violate, materially interfere, encroach, impede, or
clash with miners property rights under
Congressional Law.
Agency authority is advisement and notice…exempt
from permissive system (Karuk V. Forest Service 379
F. Supp. 2d 1071 N.D. Ca 2005
Use Agency Appeal Procedures and Judicial Review
Process
Self-Initiated
It’s Law
30 USC 612 (b)
Permit Irrelevant
Challenge Agency
12. Read full bullet point on, “Power of the Mining Districts”
Read full bullet point on, “Power of the Mining Districts”
Read full bullet point on, “Power of the Mining Districts”
Districts can open Federal Lands to multiple use to the public
Districts can use MOU’s, laws and other ways to override state/federal laws that conflict with 1970 Minerals Law and
1955 Surface Use Act Read full bullet point on, “Power of the Mining Districts”
13.
14.
15.
16. Thank you from MMAC. Gathering the districts together under unified representation is
scaring the Federal Government as well as the environmentalists, that MMAC could be a
SUPER POWER. The meetings that MMAC have already attended have made a substantial
imprint upon the BLM, counties, cities, environmentalists, recreation, Congressmen and
Senators in the Mining Districts favor. Now it is time to put the Mining Districts into gear.
There has been major interest in MMAC districts currently including California, Colorado,
Montana, South Dakota, Idaho, Oregon, Washington, Arizona, New Mexico, Nevada,
Alaska, North Dakota, Utah, West Virginia and Virginia. This is an awesome start.
Administrative Application for your District
http://www.mineralsandminingadvisorycouncil.org/Administrative-Application.html
WHAT IS NEXT?
17. MMAC has received many Administrative Applications but needs more in the
above mentioned states, plus other states. Most people are asking the same
questions, so MMAC is putting up a FAQ’s (frequently asked questions) page as
soon as we can.
Here are some of the questions and the answers.
FAQ’s
Q: I do not know if I qualify to be a MMAC Administrator.
A: Put in your Administrative Application and the Miners will decide.
Q: I heard someone else was putting in their Application for our District.
A: Don’t count on one. It takes all of the miners to be involved.
Q: Are there any liabilities?
A: No, not the way it has been incrementally set up. Plus MMAC has attended
meetings with legal counsel and other consultants on this question.
Q: What if I can only do it part time?
A: Better to be involved than not. So put in your application and let the miners
decide. Administrators only have to go to one local meeting per month and one
regional meeting per quarter.
18. Q: What do you want to achieve by unification of the mining districts?
A: Unification of the Mining Districts gives the miner, through the MMAC
administrators, the power to operate as a federal agency (if they wish), and to work
in partnership with BLM. The mining districts can have a Memorandum of
Understanding (MOU) with the BLM and nominate them as a lead mitigation
agency so miners will not have to deal with all the other federal and state agencies
that presently exist. By unification of the mining districts they will have legal
deference of the customs of miners in the application of reasonable mining
regulations. The problem that exists today is that the courts defer to hostile
interpretations of reasonable regulations by agencies that hobble the miner, and the
miner’s voice is rarely heard.
Q: I had problems on the application.
A: If you have a problem it is probably because you left something blank. Just put
in Non-Applicable if you do not know, and it will go through. Or have your kids or
grandchildren help you.
19. Q: What does a MMAC Administrator have to do?
A: A MMAC Administrator takes in all the information and needs for their district
and assimilates it and talks with other state MMAC administrators to find out how
to help their specific districts. Also the MMAC administrator sits on the boards,
committees and round tables representing MMAC in their respective districts for
minerals and mining with BLM over land planning decisions that will affect
mining. This translates to strength all the way to Washington DC under unified
representation. (Like a Union) It will be the new beginning of the mining districts
to exercise its federal power under congressional statute. The MMAC
Administrators will be trained on how to work with BLM on mining regulatory
issues, (Through the MMAC and BLM MOU) changes and concerns, and will
have training tools on how to educate their respective districts on the progress
being made. This information then can be passed on via monthly MMAC meetings
put on by the respective MMAC Administrator. The respective MMAC
Administrator will be the one to hammer out the MOU’s, namely with the BLM
and the reasonable rules regulating the miner. Legal counsel will be active in this
as well to provide legal guidance to make sure that the rules and MOU’s are
consistent with congressional intent rather than activist courts that have created
such regulatory chaos in the last couple of decades.