Oakview2
Silver Member
Helen Birss, Branch Chief
Please note that there are more than one EIR's, done at the taxpayers expense that shows no significant disturbances from underwater suction mining. The illegal emergency action by the state to change the definition of a suction dredge makes this attempt illegal as well. The state has NO jurisdiction on federal mining claims to prohibit underwater mining under federal preemption, by the 1872 mining law which grants miners all rights to the waterways and the right to extract minerals from their sovereign property in the most economical manner. The US Constitution's Supremacy Clause dictates the Federal Law is in fact the law of the land. I urge you to consider the US law you are in violation of, and that you and your offices trampling of the US Constitution will force miners to have their local and Constitutional Sheriffs to arrest your agents in the field under this statue.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are ...done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Thank you for your consideration, as this supposed moratorium has become a outright prohibition by your office, and is illegal and unconstitutional.
Please note that there are more than one EIR's, done at the taxpayers expense that shows no significant disturbances from underwater suction mining. The illegal emergency action by the state to change the definition of a suction dredge makes this attempt illegal as well. The state has NO jurisdiction on federal mining claims to prohibit underwater mining under federal preemption, by the 1872 mining law which grants miners all rights to the waterways and the right to extract minerals from their sovereign property in the most economical manner. The US Constitution's Supremacy Clause dictates the Federal Law is in fact the law of the land. I urge you to consider the US law you are in violation of, and that you and your offices trampling of the US Constitution will force miners to have their local and Constitutional Sheriffs to arrest your agents in the field under this statue.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are ...done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Thank you for your consideration, as this supposed moratorium has become a outright prohibition by your office, and is illegal and unconstitutional.
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