Jeffro is fully aware of what went on years ago,and its still no reason for John to constantly bash people...miners,he has no clue about...he makes a habit of though,regardless what he Has doneJeffro, if you'd been watching what happened years ago on the klamath and now has moved to Oregon you'd understand where John is comming from. I'm just wondering what state is next after Oregon.
Topic: To help respond to the anti-mining legislation threat.
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[TD="class: msgLineDevider"]To help respond to the anti-mining legislation threat in Oregon to all mining law beneficiaries:
Thanks to Tom Quintal, government liaison of Willamette Valley Mining Association, for putting this together for any one wanting to respond. Below are some bullet points to write letters, phone, email or fax the Oregon legislators regarding the new anti-mining bills. The Senate Environment & Resources committee will be hearing SB115, SB401 and SB370 in this committee.
Here's the framework of a letter or email. Make sure to put in the required info and use the bullet points as a guide but come up with your own if you can as well. Make the communication your statement, not a form response.
Communications should begin to be accepted on these bills beginning next week starting around the February 5th after the Legislative Session starts.
Red below is for instruction.
Attention Senate Environment and Resources Committee
Attention: To SB115, SB401 and SB370 Please make this letter part of the public record.
If you write a letter state to make the letter part of the public record, as shown above.
Dear Senator Dingfelder, you can send this email/letter, fax or use it to phone to every member on the committee and every legislative member.
I OPPOSE the following bills SB115, SB401 and SB370 and ask this email be made as part of the public record.
Dear Senator Dingfelder:
All of the bills listed will cause financial hardship including mineral trespass for Oregon citizens with respect to our 1872 mining rights and Oregon mining law.
SB401 in particular will cause a "Takings" for some of Oregon's most valuable placer mining streams with active Federal mining claims. SB401 will also eliminate future mining claims with respect to the new proposed Oregon Scenic Waters. Oregon already has 19 Oregon Scenic Waters including Waldo Lake. Please be aware with the proposed Oregon Scenic Waters addition Oregon cannot afford a "Takings" class action lawsuit from hundreds of Oregon Federal claim owners.
If you write a letter or email I would list your name and address.
John Doe
123 Santa Clause St.
Salem, Oregon 97317 phone number could be optional.
cc:
Here are the folks that need immediate letters, emails, faxes and phone calls to their individual offices.
Senator Jackie Dingfelder Party: D District: 23
Capitol Phone: 503-986-1723
District Phone: 503-493-2804
Capitol Address: 900 Court St NE, S-407, Salem, OR, 97301
District Office Address: PO Box 13432, Portland, OR, 97213
Email: Sen.JackieDingfelder@state.or.us
Website: http://www.leg.state.or.us/dingfelder
Senator Alan Olsenp
Party: R District: 20
Capitol Phone: 503-986-1720
District Phone: 503-936-8605
Capitol Address: 900 Court St NE, S-425, Salem, OR, 97301
District Office Address: PO Box 820, Canby, OR, 97013
Email: Sen.AlanOlsen@state.or.us
Website: http://www.leg.state.or.us/olsen
Senator Alan Bates
Party: D District: 3
Capitol Phone: 503-986-1703
District Phone: 541-282-6502
Capitol Address: 900 Court St NE, S-205, Salem, OR, 97301
District Office Address: 2859 State Street #101, Medford, OR, 97504
Email: Sen.AlanBates@state.or.us
Website: http://www.leg.state.or.us/bates
Senator Bill Hansell
Party: R District: 29
Capitol Phone: 503-986-1729
Capitol Address: 900 Court St NE, S-423, Salem, OR, 97301
Email: Sen.BillHansell@state.or.us
Interim Email:Sen.BillHansell@state.or.us
Website: http://www.leg.state.or.us/hansell
Senator Mark Hass
Party: D District: 14
Capitol Phone: 503-986-1714
Capitol Address: 900 Court St NE, S-207, Salem, OR, 97301
District Office Address: PO Box 536, Beaverton, OR, 97075
Email: Sen.MarkHass@state.or.us
Website: http://www.leg.state.or.us/hass
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[TD="class: msgLineDevider"]Bullitt Points against SB 401
1. The State of Oregon does not have the authority to take private property by establishing a “Scenic easement” one-forth mile from the bank of any river without either the consent of the owner, or without compensation. Establishing a scenic easement is a taking of private property or lands managed by the Federal Government, for public use without first offering compensation under the Oregon Constitution (Article I Section 18).
2. The “right to control the use of related adjacent land” and air space above for future uses that are currently lawful are outside the authority of the State of Oregon, and especially so with no offer of compensation. (Article I Section 18 Oregon Constitution and the Fifth Amendment U.S. Constitution)
3. Mining in all of its forms are the intended use and rights of the citizens; it “shall be free and open” to prospecting, exploring, locating and occupying and purchasing the valuable mineral deposit, which includes the surface in lands open to mineral entry and belonging to the Federal Government. (30 USC 22, 26 & 35)
4. Under the Supremacy Clause, any state law that conflicts with a federal law is preempted. Gibbons v. Ogden, 22 U.S. 1 (1824). Any state legislation which frustrates the full effectiveness of federal law is rendered invalid by the Supremacy Clause, regardless of the underlying purpose of its enactors, Perez v. Campbell, 402 U.S. 637, 651-52, 91 S.Ct. 1704 20 L. Ed.2d 233 (1971). Article VI, Section 2 of the U.S. Constitution provides that the “…Constitution and Laws of the United State…shall be the supreme Law of the Land.”
5. The current scenic waterways statutes conflict with Federal Law governing use of federal lands, specifically prohibiting placer mining. SB 401 not only adds several more waterways to the conflicting law, but also compounds the existing problems by adding an improper savings clause that does not save the future right of use of property by the owner.
6. SB 401 cannot legally apply to “removal or fill activity”, because the gravels in such waterways in the public lands belong to the upland owner, which includes the mining claimant.
7. Certain water rights to use the lakes and running streams were “hereby granted” by the State of Oregon as a “public necessity” and a “beneficial use” for mining purposes (1899 Act) and partly codified in ORS 541.110 and cannot be denied or require permitting to the mining claimant. The State granted that right away.
8. SB 401 or any previous statutes governing the scenic waterway cannot restrict the public use of roads, railroads or utilities constructed within any creeks and rivers or “waterways”, especially RS 2477 right of ways, for maintenance and access to minerals on federal lands also see Oregon Constitution Article I, Section 18, which are “necessary to promote the transportation of raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state…”
9. An emergency has not been established.
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How To Testify Before a Legislative Committee
I found this link to the document:
[URL]http://www.leg.state.or.us/comm/testify.html[/URL]
And here is the text:
How To Testify Before a Legislative Committee Committees are the heart of Oregon's legislative process. The committee process provides legislators more opportunity to closely study a measure than would be possible in a floor debate. Committees may hear from many people who support or oppose the measure.
Giving public testimony before a legislative committee can be an exciting and fulfilling experience if you are prepared.
Your testimony may influence the committee's action. It also becomes part of the permanent record and may be used in future research.
Listed below are suggestions to help make your presentation successful.
- Know Your Audience
The members of the committee are "citizen legislators." They care that you have taken time out of your day to come and testify before them.
- Be respectful.
- Don't accuse committee members of causing your particular problem.
- Resist the temptation to scold, put down, or insult the decision makers or other witnesses. This tactic will likely alienate them from your cause.
- Know the Issue
Support your personal opinions with as many facts as possible. Be knowledgeable of the "other side of the story." You may be asked to discuss the differences. Draw from your own knowledge and experience.
- Be Familiar with the Committee Process
- Know the location of the building, the meeting room, and the meeting time.
- Agendas will be posted outside the meeting room. Check to make sure the measure you are interested in has not been removed from the agenda. The measures may not be heard in the printed order.
- If possible, attend a committee meeting before you testify to become familiar with the process and room layout.
- When you arrive at the meeting, sign the witness registration sheet. Witnesses are not necessarily called in chronological order.
- Presenting Your Written Testimony
- When you are called to testify, give copies of your testimony to committee staff before you begin your presentation. The number of copies requested is printed on the bottom of the committee meeting agenda.
- Begin your presentation by addressing the chairperson first, then members of the committee. "Chair___, members of the committee . . ."
- For the record, state your name, address, and the organization or group you represent.
- State whether you support or oppose the legislative measure being heard and briefly explain. Do not read your testimony to the committee word for word. Prepare an outline.
- Keep in mind you may have a ten minute version of your testimony--be prepared to summarize it in one minute--that may be all the time you are allowed!
- Thank the committee members and offer to answer any questions. "Thank you for the opportunity to testify before you today. I would be happy to answer any questions."
- When a member asks you a question respond: "Chair ______ , Senator/Representative (state name), the answer to your question is . . ."
- Relax! The members understand that this can be an intimidating experience--they don't expect a perfect presentation.
Special Needs
- Group Testimony
- Select several people to cover different topics so the testimony is not repetitive.
- Address the problem, possible solutions, and your group's best solution.
If you require special accommodation in order to testify before a committee, please contact the committee administrator or support staff 24 hours BEFORE the meeting with your request.
Contact Numbers: (503) 986-1813 or (503) 986-1187
TDD (503) 986-1467 (inside Salem)
1-800-332-2313 (outside Salem)
If you need information regarding the legislative process, email the Legislative Liaison, or call 503-986-1000.
If you have technical questions about this site, please email Oregon Legislative Information Systems,mailto:help.leg@state.or.us or call 503-986-1914. However, the staff of the Oregon Legislature cannot respond to requests for legal advice from anyone except members of the Oregon Legislature. To understand and protect your legal rights, you should consult your own private lawyer.
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Jeffro is fully aware of what went on years ago,and its still no reason for John to constantly bash people...miners,he has no clue about...he makes a habit of though,regardless what he Has done
bumpTopic: To help respond to the anti-mining legislation threat.
[TABLE="class: tableBorder, align: center"]
[TR="class: msgEvenTableRow"]
[TD="class: msgLineDevider"]To help respond to the anti-mining legislation threat in Oregon to all mining law beneficiaries:
Thanks to Tom Quintal, government liaison of Willamette Valley Mining Association, for putting this together for any one wanting to respond. Below are some bullet points to write letters, phone, email or fax the Oregon legislators regarding the new anti-mining bills. The Senate Environment & Resources committee will be hearing SB115, SB401 and SB370 in this committee.
Here's the framework of a letter or email. Make sure to put in the required info and use the bullet points as a guide but come up with your own if you can as well. Make the communication your statement, not a form response.
Communications should begin to be accepted on these bills beginning next week starting around the February 5th after the Legislative Session starts.
Red below is for instruction.
Attention Senate Environment and Resources Committee
Attention: To SB115, SB401 and SB370 Please make this letter part of the public record.
If you write a letter state to make the letter part of the public record, as shown above.
Dear Senator Dingfelder, you can send this email/letter, fax or use it to phone to every member on the committee and every legislative member.
I OPPOSE the following bills SB115, SB401 and SB370 and ask this email be made as part of the public record.
Dear Senator Dingfelder:
All of the bills listed will cause financial hardship including mineral trespass for Oregon citizens with respect to our 1872 mining rights and Oregon mining law.
SB401 in particular will cause a "Takings" for some of Oregon's most valuable placer mining streams with active Federal mining claims. SB401 will also eliminate future mining claims with respect to the new proposed Oregon Scenic Waters. Oregon already has 19 Oregon Scenic Waters including Waldo Lake. Please be aware with the proposed Oregon Scenic Waters addition Oregon cannot afford a "Takings" class action lawsuit from hundreds of Oregon Federal claim owners.
If you write a letter or email I would list your name and address.
John Doe
123 Santa Clause St.
Salem, Oregon 97317 phone number could be optional.
cc:
Here are the folks that need immediate letters, emails, faxes and phone calls to their individual offices.
Senator Jackie Dingfelder Party: D District: 23
Capitol Phone: 503-986-1723
District Phone: 503-493-2804
Capitol Address: 900 Court St NE, S-407, Salem, OR, 97301
District Office Address: PO Box 13432, Portland, OR, 97213
Email: Sen.JackieDingfelder@state.or.us
Website: http://www.leg.state.or.us/dingfelder
Senator Alan Olsenp
Party: R District: 20
Capitol Phone: 503-986-1720
District Phone: 503-936-8605
Capitol Address: 900 Court St NE, S-425, Salem, OR, 97301
District Office Address: PO Box 820, Canby, OR, 97013
Email: Sen.AlanOlsen@state.or.us
Website: http://www.leg.state.or.us/olsen
Senator Alan Bates
Party: D District: 3
Capitol Phone: 503-986-1703
District Phone: 541-282-6502
Capitol Address: 900 Court St NE, S-205, Salem, OR, 97301
District Office Address: 2859 State Street #101, Medford, OR, 97504
Email: Sen.AlanBates@state.or.us
Website: http://www.leg.state.or.us/bates
Senator Bill Hansell
Party: R District: 29
Capitol Phone: 503-986-1729
Capitol Address: 900 Court St NE, S-423, Salem, OR, 97301
Email: Sen.BillHansell@state.or.us
Interim Email:Sen.BillHansell@state.or.us
Website: http://www.leg.state.or.us/hansell
Senator Mark Hass
Party: D District: 14
Capitol Phone: 503-986-1714
Capitol Address: 900 Court St NE, S-207, Salem, OR, 97301
District Office Address: PO Box 536, Beaverton, OR, 97075
Email: Sen.MarkHass@state.or.us
Website: http://www.leg.state.or.us/hass
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[TD="class: msgLineDevider"]Bullitt Points against SB 401
1. The State of Oregon does not have the authority to take private property by establishing a “Scenic easement” one-forth mile from the bank of any river without either the consent of the owner, or without compensation. Establishing a scenic easement is a taking of private property or lands managed by the Federal Government, for public use without first offering compensation under the Oregon Constitution (Article I Section 18).
2. The “right to control the use of related adjacent land” and air space above for future uses that are currently lawful are outside the authority of the State of Oregon, and especially so with no offer of compensation. (Article I Section 18 Oregon Constitution and the Fifth Amendment U.S. Constitution)
3. Mining in all of its forms are the intended use and rights of the citizens; it “shall be free and open” to prospecting, exploring, locating and occupying and purchasing the valuable mineral deposit, which includes the surface in lands open to mineral entry and belonging to the Federal Government. (30 USC 22, 26 & 35)
4. Under the Supremacy Clause, any state law that conflicts with a federal law is preempted. Gibbons v. Ogden, 22 U.S. 1 (1824). Any state legislation which frustrates the full effectiveness of federal law is rendered invalid by the Supremacy Clause, regardless of the underlying purpose of its enactors, Perez v. Campbell, 402 U.S. 637, 651-52, 91 S.Ct. 1704 20 L. Ed.2d 233 (1971). Article VI, Section 2 of the U.S. Constitution provides that the “…Constitution and Laws of the United State…shall be the supreme Law of the Land.”
5. The current scenic waterways statutes conflict with Federal Law governing use of federal lands, specifically prohibiting placer mining. SB 401 not only adds several more waterways to the conflicting law, but also compounds the existing problems by adding an improper savings clause that does not save the future right of use of property by the owner.
6. SB 401 cannot legally apply to “removal or fill activity”, because the gravels in such waterways in the public lands belong to the upland owner, which includes the mining claimant.
7. Certain water rights to use the lakes and running streams were “hereby granted” by the State of Oregon as a “public necessity” and a “beneficial use” for mining purposes (1899 Act) and partly codified in ORS 541.110 and cannot be denied or require permitting to the mining claimant. The State granted that right away.
8. SB 401 or any previous statutes governing the scenic waterway cannot restrict the public use of roads, railroads or utilities constructed within any creeks and rivers or “waterways”, especially RS 2477 right of ways, for maintenance and access to minerals on federal lands also see Oregon Constitution Article I, Section 18, which are “necessary to promote the transportation of raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state…”
9. An emergency has not been established.
[TABLE="class: tableBorder, align: center"]
[TR="class: msgEvenTableRow"]
[TD="class: msgLineDevider"]
How To Testify Before a Legislative Committee
I found this link to the document:
[URL]http://www.leg.state.or.us/comm/testify.html[/URL]
And here is the text:
How To Testify Before a Legislative Committee Committees are the heart of Oregon's legislative process. The committee process provides legislators more opportunity to closely study a measure than would be possible in a floor debate. Committees may hear from many people who support or oppose the measure.
Giving public testimony before a legislative committee can be an exciting and fulfilling experience if you are prepared.
Your testimony may influence the committee's action. It also becomes part of the permanent record and may be used in future research.
Listed below are suggestions to help make your presentation successful.
- Know Your Audience
The members of the committee are "citizen legislators." They care that you have taken time out of your day to come and testify before them.
- Be respectful.
- Don't accuse committee members of causing your particular problem.
- Resist the temptation to scold, put down, or insult the decision makers or other witnesses. This tactic will likely alienate them from your cause.
- Know the Issue
Support your personal opinions with as many facts as possible. Be knowledgeable of the "other side of the story." You may be asked to discuss the differences. Draw from your own knowledge and experience.
- Be Familiar with the Committee Process
- Know the location of the building, the meeting room, and the meeting time.
- Agendas will be posted outside the meeting room. Check to make sure the measure you are interested in has not been removed from the agenda. The measures may not be heard in the printed order.
- If possible, attend a committee meeting before you testify to become familiar with the process and room layout.
- When you arrive at the meeting, sign the witness registration sheet. Witnesses are not necessarily called in chronological order.
- Presenting Your Written Testimony
- When you are called to testify, give copies of your testimony to committee staff before you begin your presentation. The number of copies requested is printed on the bottom of the committee meeting agenda.
- Begin your presentation by addressing the chairperson first, then members of the committee. "Chair___, members of the committee . . ."
- For the record, state your name, address, and the organization or group you represent.
- State whether you support or oppose the legislative measure being heard and briefly explain. Do not read your testimony to the committee word for word. Prepare an outline.
- Keep in mind you may have a ten minute version of your testimony--be prepared to summarize it in one minute--that may be all the time you are allowed!
- Thank the committee members and offer to answer any questions. "Thank you for the opportunity to testify before you today. I would be happy to answer any questions."
- When a member asks you a question respond: "Chair ______ , Senator/Representative (state name), the answer to your question is . . ."
- Relax! The members understand that this can be an intimidating experience--they don't expect a perfect presentation.
Special Needs
- Group Testimony
- Select several people to cover different topics so the testimony is not repetitive.
- Address the problem, possible solutions, and your group's best solution.
If you require special accommodation in order to testify before a committee, please contact the committee administrator or support staff 24 hours BEFORE the meeting with your request.
Contact Numbers: (503) 986-1813 or (503) 986-1187
TDD (503) 986-1467 (inside Salem)
1-800-332-2313 (outside Salem)
If you need information regarding the legislative process, email the Legislative Liaison, or call 503-986-1000.
If you have technical questions about this site, please email Oregon Legislative Information Systems,mailto:help.leg@state.or.us or call 503-986-1914. However, the staff of the Oregon Legislature cannot respond to requests for legal advice from anyone except members of the Oregon Legislature. To understand and protect your legal rights, you should consult your own private lawyer.
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