Swan Lady

[kneezer5555]

Hi, Everybody,
My friends and relatives have all said I became a miner because I can talk a rock to death, and here I go again.
I appreciate your posts very much, sometimes I scare myself doiing what I am doing, so I need all of your support.
Windbreaker always says I have a lot of courage but he is wrong. I am doing what I am doing with a lot of fear and trepidation but I am going to keep right on doing it because it is the right thing to do. I could not live with myself if I wimped out, now. We have not won the fight yet, but we have made a difference, and we kept me from being put in federal prison by Hector. Now what am I going to do with that property in Mexico? I say, "we" because I have had a lot of help.
Mailman, the best way to explain why it always appears like the AAC program is a BLM program when it is not is to ask you to do a DOI Partnership Program search, and ask you to pay particular attention to what the BLM is allowed and not allowed to do concerning their partnership with their civilian partners. Lin Gum described them to me as independent contractors. He said they are not BLM employees. The BLM is writing said they did not know exactly what the AAC volunteers did but they thought they were the same as the Adopt-a-Highway volunteers of various highway departments. The BLM did not know who they were exactly but thought they were a group out of L.A.
That is the beauty of this well organized fraudulent scam. It is made to appear to be a BLM program but it is not. All of the AAC's are made to appear as if they are now BLM owned abandoned structures and claims, but they are almost all still privately owned miner's homes and valid legal mining claims. At that 2005 meeting you posted the link to Mailman, (Thank you for posting the link) Hector said the BLM only owned the deed to the Dawson Mead AAC's, that means the rest of the 100 or so were all privately owned located on underlying valid miners claims, in 2005.
This well organized racket is accomplished by civilians dressed in BLM apparel impersonating federal agents doing official agency taking of the miners property work, under the color of authority. At that meeting Hector and Steve both admitted the AAC program had not been in compliance with the laws since it was invented in 1989. Hector said he knew the volunteers had been out there for years but he had not paid much attention to them. He said he knew they had turned all of the area miners property into AAC eminent domain public use property by just assuming all of the area miners had just abandoned their valuable property and that had become a problem for the BLM. Hector said he did not even know where any of their AAC projects were located. He said he just funds their efforts and showed up occasionally to show his approval. Steve said the volunteers called him occasionally and told him what they had been doing and he would say, great. They were giving a speech about the AAC program because they were trying to get the DOI appointed members to codify it as a legal BLM program due to the successful efforts of this civilian way of taking the miners property away from the miners. Hector said he wanted to take this AAC method of taking property nationwide.
There is not any way possible for the public to find out the AAC program is a scam. They are told it a civilian volunteer effort to protect and maintain historic miners cabins and sites, that are now public property on public land, abandoned years ago when the miners claims played out. The public cannot find out they are really miners private homes on their currently active but idle claims, because the volunteers give them new fictitious claim names.
I challenge all of you to call the Ridgecrest, Ca. BLM field office after picking out ten AAC's to inquire about. Ask the BLM to tell you what the lEXACT legal underlying claim name and CAMC serial number really is. Ask the BLM to send you or show you any document to prove the AAC program is a legal Congressionally mandated, DOI authorized, listed on the Federal Register, BLM program. You can do a FOIA request if they will not tell you, but if they won't tell you, ask yourself what they are trying to hide?
We all know what shameless arrogant braggarts they are. If the AAC program were legally a BLM program the BLM would boast about it all of the time and certainly would not want to deny it. If the BLM owned any of the miner's homes and claims they would proudly prove it to you, not refuse to prove it. The BLM would have the documents to back it up.
If any of them were legal the BLM would be posting BLM information about them on their own BLM.gov websites.
Instead the AAC's are all heavily promoted for tourism on privately owned websites which they also use to maliciously slander the miners and their property to garner public support for their taking of the miners property. I am currently being slandered on one website this week where my property is being promoted for tourism as the White Swan, BLM, AAC, today. Mail fraud internet fraid, newspaper fraud and several other public media, all makes this public scam possible and so easy to pull off.
The BLM has spent a great deal of effort to prove to me and others, this AAC program is a crime commited by civilians. It appears the BLM and the County officials are helping them out by being derelict and complicit, by aiding and abetting and covering up this crime. Why would the BLM spend so much time convincing the miners that we are a victim of a crime instead of a BLM taking of our property, a civil matter, if it were not true? If innocent people like you or I went out on a miners claim and started a hotel and public recreation mining business in this area we would be arrested immediately. Hector proved he knows it is a criminal use of a mining claim because he charged me with this crime.
I disagree with a major portion of the IBLA's decision and have 60 days to file an appeal. in fact I have just a few days to make up my mind which way to go next. If I file a BLM wrongful taking of my property civil case against the BLM it might fall apart because neither the BLM, The Volunteers or I can prove it is a legal BLM program. That is the only way I could be compensated with any money for my losses. If I continue to pursue my Justice Department Rico Act criminal investigation and wait for the outcome, I could see charges brought against all that have and are involved with the AAC program, including the volunteers. That way I would not be financially compensated for my loss unless my attorney will pursue a combination civil and criminal action.
I have to make up my own mind before I talk to the Attorney again.
Unless the BLM admits a BLM taking of my property and settles with me immediately, I think I will pursue this as a criminal matter and forfeit my chances of receiving financial compensation for my losses. I think the civilian individuals and groups of volunteers and a few BLM officials would look better all dressed up in the same prison blues they wanted to put me in. What do you think?
I would appreciate any imput.
I will take Shifting Sands advice and try to answer your other questions over a period of time instead of answering them all tonight. I apologize for all of the typos.
Swanlady Louise
Louise Hall

[XRumerFan]

Here is the RCW for Mineral Trespass here in Washington State Thanks to the efforts of Resources Coalition


RCW 78.44.320
Definitions applicable to RCW 78.44.330. (Which Follows)

The definitions in this section apply throughout RCW 78.44.330 unless the context clearly requires otherwise.

(1) "Bedrock sluice" means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bottom of the unit and used to recover heavy mineral sands.

(2) "Dredge" means a subsurface hose from one and one-half to ten inches in diameter that is powered by an engine and is used to draw up auriferous material that is then separated in the sluice portion of the unit.

(3) "Flume" means a trough used to convey water.

(4) "Mining claim" means a portion of the public lands claimed for the valuable minerals occurring in those lands and for which the mineral rights are obtained under federal law or a right that is recognized by the United States bureau of land management and given an identification number.

(5) "Quartz mill" means a facility for processing ores or gravel.

(6) "Rocker box" means a unit constructed of a short trough attached to curved supports that allow the unit to be rocked from side to side.

(7) "Sluice box" means a portable unit constructed of a wood or metal flume or trough equipped with transverse riffles across the bottom of the unit and that is used to recover heavy mineral sands.


RCW 78.44.330
Mineral trespass — Penalty.

(1) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder or person conducting the mining operation:

(a) Interferes with a lawful mining operation or stops, or causes to be stopped, a lawful mining operation;

(b) Enters a mining claim posted as required in chapter 78.08 RCW and disturbs, removes, or attempts to remove any mineral from the claim site;

(c) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill, or other mining equipment at a posted mining claim; or

(d) Defaces a location stake, side post, corner post, landmark, monument, or posted written notice within a posted mining claim.

(2) Mineral trespass is a class C felony.

[kneezer5555]

Hi, everybody,
This info might interest you. At the 4-1-2005 Desert Dac meeting Mailman kindly posted a link to, Hector said the BLM only held the deed to the Dawson-Mead AAC's. Hector and Steve Smith both said the AAC program was not and had not been in compliance with the laws.

Mailman, you might want to read and post (please) the link to the 1-8-2005 Desert DAC meeting minutes, too.
At this meeting, Hector reported, "we have 25,000 hours of volunteer work that was done in 2004 and a lot of that was in the volunteer program. (matching funds for every volunteer hour from the taxpayers?)
Steve Smith the AAC program director said there were 46 (there are more)AAC's in the program with only 15 signed MOU's.

Steve said "the AAC program has been handled mainly by the volunteers since 1989."

Most people do not know, when we miners learn our homes and claims are now one of the areas most popular BLM, AAC public use tourist traps, we are stunned.

Next we learn are homes and claims are left legally registered in our names and we remain the property taxpayers because the civilian AAC volunteers acting on their own without any BLM direction and authority have committed this criminal theft of our property and owner/claimant obligations and rights, not the BLM.

Because we are always left the legal registered owner/claimants when our property is turned into an AAC, the BLM was able to file a case against me for this AAC ongoing unauthorized recreational occupancy trespass federal crime. I am still the legally responsible claimholder, just like the rest of the area miners that have had their property turned into an AAC, without their knowledge or consent.

When we contact Attorney's, we learn we cannot sue the BLM for a wrongful taking of our property, because the BLM does not get involved in the volunteers AAC projects until years AFTER our property has already been turned into an AAC and adopted for the volunteers and the pub;lic masses year round use.

Next we learn we cannot charge the volunteers for this crime because the local County officials are derelict, complicit and actively help the BLM in covering up the AAC crimes. We can only prove a crime, not a civil matter.
I have a ton of cartons full of evidence to prove a crime and only one document to prove a civil matter.

We learn the AAC volunteers have BLM tort insurance, but we cannot evict them from our homes and claims or sue them, because they are committing a federal crime, and acting on their own without the BLM's knowledge or authority, the BLM says. Their tort insurance does not cover them if they commit a crime.

In correspondence to me in 2002, the BLM said they did not know who the Adopt a Cabin volunteers were, what they did, or where they lived, but the BLM thought they lived in L.A. or some other out of the area big city.

This AAC public fraud and theft of property is almost a perfect crime. I repeat, almost!

The IBLA decision affirmed in part and denied in part. I am still working hard on my IBLA appeal, the part that was not in my favor. If I do not appeal this IBLA decision it will set a precedent we miners will all have to live with for decades.

That is, the BLM will be able to continue to allow the AAC civilian volunteers to take our property and turn it into BLM eminent domain AAC public use property for them, and charge us later for the volunteers federal crimes, in order to obtain legal BLM ownership of our homes and claims.

Mailman, I sent you a lot of info to your PLP1 address, you might want to check your email. I like your new PLP site.
Thanks,
Swanlady Louise
Louise Hall
PO Box 87215
Tucson, AZ
85754
Email, swanladylouise@yahoo.com
Phone 520-883-8852 (unblock first)
Fax 520-908-0426

[kneezer5555]

Hi everybody,
We have a thread started on our sister site, PLP1, everybody is welcome to post there too, or just say Hi. We need to support this other PLP forum.

I am working hard on my, "Petition for Reconsideration," per 4.403 to the IBLA. I have 60 days after their decision to submit it. I am asking them to reconsider the parts of their decision they affirmed in the BLM's favor, because it has set a dangerous precedent for the BLM to continue to let the civilian volunteers Adopt a cabin program do the taking of the miner's property for the BLM, so the BLM can find the miner's guilty of the AAC unlawful use of the miner's property, like they did me.

I am giving the IBLA several other compelling and urgent reason's for this reconsideration, such as leaving all of the miner's liable for the AAC using public's injuries. All of the AAC's are used for mining tunnel and shaft exploration. I have seen several photos of the public with their small chaildren in our dangerous AAC mining shafts.

I am still celebrating my win because it opens the door for further litigation, hopefully for every other area miner that has had their homes and/or claims stolen by the AAC taking of their property, and a full win. Without the IBLA decision it was impossible to proceed. In this case I am certain half a win will lead to a full win.

This petition might be an option for other miner's to consider in the future, if they do not agree with all aspect's of an IBLA decisions. We do not need an attorney to file this petition.
Swan Lady Louise

[kneezer5555]

Hi again everybody,
Well here is more news about my long drawn-out sad, sad, Swansong. The IBLA denied my Petition for Reconsideration, but more about that later. First I want to review the IBLA's March 15, 2007 decision in my case and my response to it, instead of my earlier "reaction," to it.
The Ridgecrest, CA. Bureau of Land Management manager Hector Villalobos filed an IBLA case against me in 2004.

IBLA CACA 45693,2004-204
Mining Claim Occupancy
Mary Louise Hall
Affirmed in part: reversed in part

I appealed the BLM's decision. I won the only part of my case I could possibly appeal. The BLM filed this case to hold me legally responsible for the expense (usually $250,000 or more) of the removal of their BLM, public use White Swan (WS) Adopt-a-Cabins(AAC) after their own volunteers and the unsupervised masses of the AAC using public the BLM invited to occupy these structures destroyed them. Legally they were the Silver Swan (SS) structures and my privately owned home and buildings, when the BLM turned them into an AAC in the winter of 1999-2000. They are located on my SS legally active but idle mining claims.
Both the BLM and the IBLA knew when Hector issued the Notice of Non-compliance, (NON) I had sold my home and buildings and was only the renter with plans to own my structures again by now, if they had not been turned into an AAC. I had a buy back option with the new owner when I met the terms of my financial obligations in our agreement. Hector knew, I could not legally comply with Hector's orders and his following Cessation Order, (CO) because I did not own the structures anymore. Hector knew he was filing the NON and CO against the wrong person.
When the BLM Gear Grinder's and the Sierra Club AAC groups seized my property and turned it into an AAC the BLM gave all of my home ownership and mining claimant obligations and rights, away from me, and gave them to third parties.
When the IBLA, in their decision, gave the BLM the legal ownership of these structures to the BLM they were owned by another person.
This man resides in Mexico and suffered a heart attack that resulted in heart surgery the same day I told him the BLM had turned our property into an AAC and refused to return our property rights, or stop their AAC use of our property. The BLM had refused to recognized this transfer of ownership. They said I did not have the legal right to sell my structures to him. Our attorney's at that time said I did. He has asked me to help him find an Attorney (U.S.) to represent him in his case against the BLM and the IBLA. The BLM told the IBLA I still owned my structures because I am still paying the taxes on them. The BLM is wrong, I have only paid the taxes on my land since I sold the structures.
I did not even try to deny or appeal the unlawful occupancy portion of my case because I knew the BLM, WS, AAC, occupancy recreational and business use of my home and claims were an unlawful occupancy because the AAC use was not incidental to my mining activity. In my Statement of Reason's in my appeal, I said, The law does not require me to submit a plan or notice concerning structures I do not own anymore, nor will the law alllow me to remove structures I do not own, located on a BLM, AAC, designated public recreation site.
When I asked the BLM, field officer, Lin Gum how the BLM avoids compliance with the mining and occupancy federal regulations when they turn a miner's property into an AAC, he said it was easy. He said, in my case and in all of the AAC cases, after the volunteers turn the miner's property into an AAC they assign a new fictitious AAC claim name to their AAC's. Lin said he assigns a new serial number to the miner's claims, closes the miner's files and removes the miner's claims to mineral entry. Lin said next he reopens the miners files as an AAC 8365 file that turns the miner's claims into a BLM designated public recreation site, closed to all but the public's recreational mining and rock and gem collecting. Lin faxed the BLM 8365 regulations and my new serial number to me and told me I had to prove I owned mining claim rights under the new serial numbers, if I ever wanted to visit or work my claims recreationally, or as a casual operation, again.
I won my appeal because the IBLA on page 14 of their decision said, the BLM acknowledged it's error in "adopting" Hall's cabin. BLM clearly had no authority to give written authorization for others to use the cabin or the SURFACE of Hall's claims without her consent, or to enter into an MOU with respect to third parties. However the issue in this case is whether the BLM properly issued a NON, that reguired her to provide a notice or a plan of operations that would justify the presence of the structures on the claims or remove them. There can be little doubt that we would have affirmed the NON had BLM issued it before adopting Hall's cabin.
Thus the only issue is whether BLM's "adoption" relieved Hall of responsibility for it.
At the end of the IBLA's decision the IBLA said. under these circumstances and in view of Hall's clear intent to not use the cabin in a manner reasonably incident to mining, we find that BLM may remove the cabin, but the BLM cannot require appelant to remove it after having adopted it for public use.
Accordingly, we affirm BLM's finding in the NON that the cabin and other structures on the Silver Swan claim were not being used for any purpose reasonably incident to mining as required by 43CFR 3715.2 and are therefore subject to removal.
Therefore the descision is affirmed in part and reversed in part.
The IBLA affirmed the BLM, NON that resulted in Hector's, CO. The IBLA said, the CO was deemed to be in effect on May 25, 2004.
"The CO said anything left on public lands after 90 days will become the property of the U.S. Government. All mineral operations at this cabin are CEASED."
I did not appeal the CO but I did appeal the NON. In my Statement of Reason's I told the IBLA I did not think I had the legal right to appeal the NON because it concerned structures I did not own anymore, but they could consider my statements to be an appeal if they wanted to.
The NON required me to remove the structures or demonstate the cabin was genuinely needed for mining operations. I could not comply because I did not own them and the BLM refused to let me submit a new POO and post a reclamation bond and both the BLM and the County Sheriff, Wayne Reed, District Attorney Maillet and the County Supervisor's legal council refused to help me get my property rights back, because they are all BLM, AAC, Partners. I was not able to do it alone. I was beaten and shot at in my efforts several times before I gave up, so the SS property illegally remained the public use eminent domain, BLM, WS, AAC property.
Some of the AAC volunteers and the AAC using public are very nice people and community leaders. I like three or four volunteers very much. Other AAC volunteers and users are very mean dangerous, threatening, drugged up, drunks, carrying firearms. They arrive at the AAC's in the Maturango Museum's commercial tour bus and in DOI-BLM advisors commercial 4wd caravans of 15 or more vehicles packed full of AAC users. Most of the AAC's like my property enjoy several hundred over night occupants and day visitors per month due to the frudulent newspaper articles, and the heavy Internet world wide promotion of them, as BLM owned public use AAC's available for transient tourism on the privately owned Internet websites of the DOI, appointed BLM advisors, the BLM steering committee board members, BLM's Jawbone OHV community, the PSR resort owner, the Sierra Club and other privately owned webisites.
I have the documents to prove between 1996 until the end of 2004, I made numerous attempts to obtain the BLM's permision to move the SS structures to private land nearby to bring my claims into BLM compliance, keep them in BLM compliance, and to protect my property and me from the repeated trashing of my property by the volunteers and their terrorism of me personally in their attempts to force me into agreeing to their AAC use of my property out of fear.
The BLM submitted the photos the BLM took of the volunteers repeated trashing of my property at my request, both before and after they adopted it, to the IBLA and told the IBLA I had trashed and destroyed my home, buildings, roads, mining tunnels, mining shafts and land myself, not the BLM volunteers.
I can prove the BLM refused to let me remove my structures from my claims to comply with the BLM regulations. They just kept telling me the only thing I could do to come into compliance was to donate my home and all of my claims to the BLM for their AAC use. Legally I needed the BLM's permission for my contractor to remove them for me, but the BLM refused. I even went to the Ca. State BLM, Director Mike Pool, for his BLM permission to remove my structures or the due process or just compensation for Hector's AAC eminent domain plans for my property. I was so traumatized by the volunteers and the BLM by that time, I offered to let the BLM have my property just for the return of the $10,000 in claim fees I had paid the BLM. The IBLA partially quoted my letter to Pool in their decision.
Mike Pool said I had to voluntarily agree to the AAC donation of my property, instead of removing my structures to comply with the law.
The IBLA said, the BLM does not have the legal authority to waive the occupancy regulations that order the miners to remove their structures if they are currently are not being used for purposes incidental to the miner's substantial and regular mining activity, but the BLM did in my case, in the BST case, the Bickel Camp, Ruth Mine, Sieberts, Sears cabin and approximately 100 or more area official and unofficial AAC owner/mining claimants cases since 1989. It is the only way the BLM can have AAC's and the only way the BLM can charge the miner for their own and the volunteers wrongdoing later like they did me.
MORE LATER........End of Part one
Louise Hall

[kneezer5555]

Part 2 from my previous post. As usual I apologize for all of my spelling errors and typos.
The BLM told me the law did not require miner's to submit a new POO or NOI conserning the occupancy of their structures until 1996. By 1996, I did not submit a new POO or NOI stating I needed my structures to benefit my mining activity because by that time I had decided to remove my structures because the BLM refused to issue me an occupancy permit so I could protect and care for my property during the times my claims were idle.
I did not have any other legal choice because the BLM regulations state we are obligated to maintain our property even when our claims are idle but the BLM's own regulations will not permit occupancy on idle mining claims, so we can do our maintenance work.
I knew due to prior legal committments and financial obligations I could not work my claims more substantially than my occasional casual operation and my prospecting of my claims, until 2001-2002.
The BLM regulations concerning a casual use operation only allowed me to work my claims occasionally for up to two weeks at a time.
By 1996 the volunteers repeated trashing of my home and claims and their terrorism of me personally forced me to stop working my claims until the BLM gave me their legally required permission for my copntractor to remove my structures.
By 1996, I had already removed and placed most of my possessions and our mining equipment in storage while I waited for the BLM's permission to move my structures to nearby private land. I did not submit a new plan stating I needed my structures to benefit my casual operation because a casual operarion does not support the need for structures according to the BLM regulations and federal statutes. I did not submit a new POO or NOI, stating I needed the structures, because that was not my intent. My intent was to remove my structures from public land, but the BLM refused to give me their permission. The BLM constantly told me I had to agree to the AAC use of my property instead of removing my structures to comply with the BLM's own regulations. I believe the BLM deliberately forced me into BLM non-compliance by refusing to let me remove my structures so the BLM could file the IBLA case against me to obtain legal BLM ownership of my home and buildings they coveted.
In 1999, I entered into an Alternate Dispute Resolution (ADR) with the BLM officer and AAC Director Don Peterson, as a mititigation measure, to resolve our conflicts. Under extreme duress I was forced into voluntarily donating the ownership of my 10 White Swan claims (200 acres) to Hector for Don Peterson's local China Lake amateur astronomers AAC group, because the BLM said that was the only way I could bring my Silver Swan home, buildings and claims into BLM compliance, again. I donated one of my smaller Silver Swan outbuildings to the astonomers so they could move it around to their White Swan claims for their AAC use. It is the only SS outbuilding the BLM archaeologist did not remove later after turning my SS property into an AAC. She had my caretakers house/pump house, blacksmith shop and other tool and storage buildings removed because they were not historic enough to receive the million of dollars available in private, state and federal historic preservation funding.
In exchange Don and the astronomers promised to protect my SS home and claims from what Don called the "bad' volunteers and the BLM erected BLM signs on my home and buildings stating they had BLM authority to remain on public land on my idle claims forever. I moved my personal possessions and our mining equipment out of storage back to my SS home and claims, because Hector and my contractor convinced me they were still easily restorable.
I thought due to this donation of my WS claims to the BLM and the AAC astronomers late in the year 2000, meant my BLM and AAC volunteer problems were over but I was wrong. A short time later in 2001 the BLM declared both my SS and WS claims null and void.
The IBLA said in their decision, apparently the BLM had confused my SS and WS claim names, again. I was not aware yet that the Maturango Museum's Gear Grinders 4wd AAC group had already adopted my SS property in the winter of 1999-2000.
Hector through Jan Bedrosian in BLM external affirs told me he did not know my SS property had been incorporated into the volunteers AAC program until I told him in 2002, when I discovered it.
When the BLM declared my SS claims null and void, I proved to the BLM's own adjudication, I had kept my SS claims and had paid my annual claim fees, so the adjudication officer vacated the BLM's decision and told the BLM to return the legal ownership of my SS property to me.
After learning of their mistake, instead of terminating the Gear Grinder's BLM, AAC contracts, and returning my SS property, the BLM entered into another BLM, AAC legal binding contract with the Sierra Club AAC group, a few weeks later in 2001. The BLM officer Steve Smith is the executive officer of this particular Sierra Club charter of the BLM, AAC, volunteers.
In the year 2000, after the BLM posted the BLM authority for my structures to remain on my idle SS claims, I still had to work my claims on a regular basis more substantially than casual use and I had to submit a new POO and post a bond before I could live in my home full time, while working my claims. So myself and my financial backers traveled around establishing a market to sell my minerals. In 2002, we finally established a business in Tucson, AZ to sell my gemstone and silver material from my claims.
I phoned the BLM and told them I was ready to submit a new plan and work with them on my reclaimation financial guarantee bond, when I returned to the area.
The BLM did not tell me my SS claims were already the Lone Pine, CA. areas most popular BLM tourist trap, and were now the BLM, WS, AAC's.
We had two more large trailers full of my personal possessions and our mining equipment delivered to my claims. When we arrived a couple of hours later the two trailers were gone and some of my possessions were spread around the outside of the main house on the ground. We found the empty stolen trailers later that day in the nearby Talc City abandoned mine area.
When we arrived we were shown the BLM, AAC contracts that gave the Gear Grinder's and the Sierra Club all of my former ownership and mining claimant rights, my personal property and our mining equipment, and the BLM authority for their AAC's to remain on my claims forever as BLM protected property. There were dozens of BLM ownership and BLM, WS, AAC signs posted all over the SS structures and all over my SS claims.
The man I sold the SS structures to, was told by the BLM ranger, I did not have the legal right to sell my SS structures to him and I was told by the ranger, I had lost all of my SS claimant rights, before he and the volunteers ran us off of the claims be force and threatened to arrest us if we ever returned.
End of Part 2, Part 3 later.
Louise Hall
swanladylouise@yahoo.com

[kneezer5555]

Russ,
Thanks so very much for your good luck wishes. You know I really don't care if the judge is green or purple anymore. I just can't wait to see my case in court. I think the BLM used me as a test case just to see how much they could get away with. Win or lose in court they will have to explain their actions, won't they?
Unless they want to prove they discriminated against me they now have to apply the regulations throughout their BLM, FO area uniformally and not arbitrarily, so they will have to do the same to all of the other miner's that have had their homes and claims turned into an AAC by their volunteers, as they did to me.
I am trying to tell my story in the hopes it will help the other miner's. I made a lot of mistakes, mostly the mistake of trusting government officials, for way too long. I just want others not to make the same mistakes as I have and after hearing my story they will know what to expect.
Other miner's harmed by the AAC program are looking for attorney's to represent them, so even if I lose in court, somebody will win sooner or later and set matters right again. However I do not believe I will lose.
Early in this thing one of Tonie Seger, the owner of Burro Schmidt Tunnel friends named Larry told me, "Don't worry, right always has a way of coming out right if you give it the time to do it. I have held on to that thought, because I believe it too.
Thanks again Russ,
Louise
Part 3... later

[Shifting Sands]

Read this quick download

Find out what really is going on.

Look Here http://www.deathvalley.com/dvtalk/messages/173014.shtml

Then click the link (Download PDF of IBLA...) on that page

Louise do you agree with this? are you happy?

~Shifting Sands~

[kneezer5555]

Shifting Sands,
Boy! Thanks for posting the link to the IBLA decision. Now I can show everybody how the BLM deliberately forced me into noncompliance so they could file the IBLA case against me. Randy posted the IBLA decision on his website knowing I could not respond because he had banned me from posting there because I was letting the public know the truth about the AAC program and it was starting to hurt his and his resort owner's bosses, AAC volunteer and AAC related businesses.
They have used this very popular Internet website to slander me and the other area miner's and their property for several years, so they could garner public support for their AAC takings of the miner's property. The volunteers use their websites to promote our privately owned homes and valid underlying claims for world-wide transient tourism. They use the internet to fraud the public by telling the public all of our homes and claims they turn into an AAC are BLM owned, public use property. They change our claim names to new fictitious BLM, AAC claim names to prevent the miner's from asserting their owner/claimant rights, again.
While the volunteers are taking our property rights away from us under the color of authority, authority even the BLM does not have, the BLM has been boasting at four of the 2005 DDAC meetings that the BLM let's the volunteers do the AAC taking of the miner's property for the BLM, to avoid affording the miner's due process or the just compensation for the public use, eminent domain AAC taking of their property.
As civilians the volunteers are forced to leave the miner's as the legal registered owners and property tax payers, after they turn the miner's homes and claims into an AAC, so the BLM and the volunteers can avoid County and IRS tax collection responsibility too, while leaving the miner's with all of this legal responsibility.
By deliberately leaving us as the legal registered owner's the BLM is able to charge miner's like me for the volunteers unlawful AAC use of an idle mining claim and this violation of federal law.
Unless the BLM is acting arbitrarily and capriciously with a personal discrimination towards me the BLM with a uniform application of the law legally has to move forward now and do the same to all of the area AAC victim's.
The BLM now has to charge every area miner for the volunteers AAC taking of their property in the same way they did me.
I won the only part of my appeal I could legally appeal but Randy and his gang are celebrating their win, because the IBLA gave the BLM the legal ownership of their beloved White Swan AAC's, located on my Silver Swan claims, so that means the volunteers can keep them legally now.
Due to their celebration, I asked the BLM when they planned to remove their BLM owned, WS, AAC's. The BLM responded not for years and maybe never.
It matters very little to the BLM or the volunteers, the IBLA said the BLM could remove their AAC's because they were unlawful, because they were not incidental to my mining activity. It matters very little to any of them, the IBLA described their recreational occupancy use of my claims as unlawful due to my grandfathered in pre-1955 mining claim status.
It should worry them just a little that prior to the IBLA's decision I could not litigate for my losses because they were partially reversible. Now I can proceed on to court, thanks to the IBLA's decision.
I could not legally comply with the NON because I had sold the SS structures.
The IBLA said I did not comply with the BLM, NON so the BLM issued a Cessation Order, the IBLA said was deemed to be in effect on May 26, 2004. The IBLA affirmed all of the BLM's decision except for the part that made me responsible for the removal of the structures. That was the only part of my appeal I could legally appeal. The IBLA said the BLM could not hold me responsible for their removal after the having adopted them for public use.
The IBLA said the CO gave the BLM legal ownership of the Silver Swan aka BLM, WS, AAC structures on August 25, 2004. The IBLA did not mention it but the CO also stated,"ALL MINERAL OPERATIONS AT THIS CABIN ARE CEASED."
I think I have been permanently harmed now and the BLM and the volunteers are subject to lawsuits, to compensate me for my losses, thanks to the IBLA decision.
Maybe they are all celebrating too soon.
However, I am happy with my win.
Louise

[kneezer5555]

Shifting Sands, Thanks for posting about Tonie Seger and her BLM problems.
Tonie was a great lady and a fighter. Tonie in her 90's did the best she could to force the BLM into complying with the laws, but even with her family and friends around to protect her the BLM would sneak around and show up unannounced without her family and friends there, trying to get her to sign documents when she was almost blind and could not hear very well anymore.
Fortunately her friends and family were around to help her deal with the public, the volunteers and the BLM part of the time. They did the best they could.
When this BLM, AAC, thing happened to me it was so bizarre I could hardly believe it, myself. When I learned the same thing was happening to Tonie and dozens of my miner friends and neighbors I was stunned.
What happened to me was a travesty but what happened to Tonie and her BST property was just plain evil and certainly not in accordance with the laws. The AAC program is a good deal for the volunteers and the BLM but not for the elderly area miner's, that worked their whole lives to own and care for their property.
The BLM wanted Tonie to keep all of her historic structures, antiques and artifacts, and depression era junk on her idle claims, because of the BLM's mandate to protect all historic and cultural resources on public land.
Like most of the area miner's Tonie never agreed to the historic designation or the AAC public use of her BST property because it made it impossible for her to comply with federal laws, and put her ownership rights in legal jeopardy, but the BLM did it anyway, without her consent.
The BLM depends on funding from various powerful recreational, environmental, political, and historic preservation organizations. These groups and the local Maturango Museum, wanted to turn Tonie's privately owned home and mining claims into another location for their commercial tour guided business and for various other commercial reason's.
In their efforts to force 92 year old Tonie into agreeing to donate her property to them, they made Tonie's failing years pure hell. To expidite the pressure on Tonie in their efforts to terrorize and force her into agreeing to this arrangement, the BLM erected a large Official BLM, Burro Schmidt Tunnel sign on the road to her home, which forced Tonie in her 90's into being an unpaid BLM caretaker docent for the public the BLM signs invited to her claims. It was normal for Tonie to have up to 600 BLM invited visitors to deal with every weekend, and more during the week.
Some of the BLM, DOI appointed advisors, BLM steering committee and Jawbone Station board members, in what appears to be an obvious, agency Conflicts of Interests Ethics violation, and area resort and museum owners use their BLM advisor and volunteer positions to benefit their commercial tour guide outings, outdoor outfitters and pathetic gift shop businesses, by using the area miner's private property and AAC's as a business location to promote their commercial endeavors.
When we try to remove our historic structures to comply with federal mining law we are met by hundreds of angry threatening civic minded civilians on our property, only there to stop us. They are not about to let us remove their cash cows.
The Sierra Club, the AAC volunteers, and other privately owned internet websites promoted Tonie's privately owned home and mining claims as BLM owned public use property. This internet fraudulent promotion and newspaper articles with fraudulent information in them brought the transient tourists to Tonie's home with their constant demands on her to provide shelter and other public amenities.
While Tonie and her caretaker, did all of the work the agency and the volunteers collected all of the AAC and historic preservation financial profits.
At a Maturango Museum, Historic Society of Upper Mohave, public meeting in 2003 the BLM described Tonie's property as the BLM, AAC property and the most popular of their area AAC's.
Tonie's claims were very rich in minerals. When the public is told fraudulently, the miner's private homes and claims are BLM owned AAC public use property, the AAC using public and the volunteers know they are invited by the BLM to do some small scale mining and rock and gem collecting on the miner's claims. They are all invited to commit the federal crime of mineral theft and mineral trespass and can haul off up to 25 pounds per day of the miner's commodity, their minerals, but usually our minerals are hauled off by them by the truckloads.
The AAC volunteers all practice and preach the principals of "tread Lightly and leave only footprints." When the cheap, sleezy, but usually rich volunteer, environmental and recreational groups, organizations, and their leaders, rob the miner's of their minerals, that is what they do for the miner's, they leave only footprints.
Occasionally one of the cheap low class or no class, 4wd commercial tour guide group owners earning several hundred dollars for each of about 15 vehicles they brought to Tonie's property left some pastry and $2 or $3 dollars for Tonie, as a jesture of charity and extreme generosity for putting up with all of them and forcing her to wait on them hand and foot for a whole day.
I was told by somebody that was there at the time, one of the BLM officials sat in Tonie's living room and told her how great her large antique hutch was going to look in his living room after they were able to force her out of her property.
The IBLA in my decision said the BLM does not have the authority to waive the regulations but this BLM has and does all over this BLM, FO area on a regular basis since 1989 to accomodate the volunteers AAC program. If the BLM did not waive the regulations and refuse to enforce them, there would not be any miner's homes left for the volunteers unlawful adoption of them.
In a local newspaper article the BLM official Lin Gum told the reporter the BLM had waived the regulations for Tonie and the BLM was looking for an on-site live in AAC caretaker for her property.
The BLM waived the regulations for Tonie and knowingly forced her into BLM noncompliance with federal law when one of the BLM's AAC partners, the California Archaeological Site Stewardship Preservation (CASSP) program nominated Tonies property and had it listed on the National Historic Preservation Registery (NHPR) without Tonie's legally reguired involuvement in the nomination process. The BLM knew this listing prevented Tonie from complying with the federal mining occupancy laws by removing her structures. Tonie did not give her consent for the NHPR listing or the AAC public use of her property because she knew either would force her into noncompliance with the laws.
The BLM proved they knew the AAC use of a miner's property was an unlawful use of them when they filed the IBLA case against me after turning my property into an AAC.
After Tonie passed away her caretaker and mining partner in her claims became the sole owner of her world famous BST mining claims and her grandaughter Cheryl Kelly according to Tonie's will, inherited Tonie's historic home and buildings. Tonie was very intelligent to have separated the ownership of her home and the claims in that way.
I will always believe she did it that way to have the last laugh on the BLM that had harrassed and terrorized her for years. I am certain the BLM gave her the same line of B. S. they gave me.
One of the times the BLM tried to force me to sign the legal ownership of my home over to Hector my BLM field office manager, with the use of threats of retaliation if I refused, the BLM told me the how the federal mining occupancy laws work. Like Tonie the BLM refused to let me comply with federal laws by removing my structures, so the BLM told me I did not have any other legal choice except to donate my historic property home ownership to Hector and agree to keep my mining claims registered in my name. The BLM told me I had to voluntarily agree to allow the AAC business use of my property and agree to share sleeping arrangements and the working of my claims with Steve Smith and the same AAC volunteer, dirty transient desert rats that had trashed and terrorized my property and me personally for years.
The BLM told me I had to voluntarily agree to donate the legal ownership of my large beautiful historic home and buildings to the BLM so their occupancy on public land would be legal because the BLM refused to give me their legally required permission for my contractor to move them for me to private land nearby. The BLM in a letter to me said the mining occupancy laws read, miner's structures can remain on public land on the miner's idle mining claims if not personally owned by the mining claimant.
The BLM reasoned if Hector owned the clear title to my home it would not be personally owned by me, the mining claimant anymore and I would be BLM compliant with the federal mining occupancy laws, so I sold my structures to one of my financial backers and Tonie wisely left the legal ownership of her home to her grandaughter Cheryl Kelly and her claims ended up belonging to Dave Ayers. Cheryl lives back east so she assigned Dave Ayers as her property caretaker.
More about Tonie and her BST property later. My guy just said, "I am hungry, let's go eat." Sounds good to me.
Louise Hall

[kneezer5555]

Part 2 about the Burro Schmidt Tunnel Property history with the BLM

The BLM would not give me an occupancy permit so my own caretaker, I knew and trusted could care for and maintain my historic Silver Swan home and claims at my own expense when my claims were idle, nor would they let Dave Ayers occupy the BST property to maintain and care for his mining claims and Cheryls historic BST structures after Tonie passed.
The BLM regulations state it is a violation of federal law if the miner's fail to maintain their own property and the BLM can condemn the miner's property and take the miner's property away from them if they voilate this law.
The IBLA mentioned it in their decision in my case.
Without a BLM authorized occupancy permit it is unlawful for the miner's to occupy their claims when their claims are idle but the BLM will not give us their legally required permission to remove our structures.
This forced by BLM regulations absences makes it easy for the volunteers to succeed in the theft of our private property ownership and mining claimant obligations and rights and all of our personal property and assets. Maybe that is the reason the BLM promotes their volunteer programs as a very rewarding experience.
To rectify this problem of private property maintenance you will all be happy to know the BLM is now using your public dollars to support the housekeepers, cooks, maintenance men, and caretakers for the privately owned homes and mining claims, like they are doing for the Bickel Camp private property owners, and other area miner's.
Some of the Bickels Camp caretaker funds come from Ed Waldheims, BLM Jawbone Station group, and funds from various other State and OHV organizations.
At the January 28, 2006, Ca. Desert District Advisory Council meeting (DAC) Hector announced he was changing the name of the Adopt a Cabin program to the Historic Cabin Site Stewardship program. Hector announced we have received $30,000 and he is going to use this money to survey the AAC's.
Hector said basicly these cabins are associated with mining claims. Hector said he wanted the BLM archaeologist to look at Burro Schmidt, the Big Hole Cabin, and Bickel Camp. Hector said the BLM is going to take legal BLM ownership of the Burro Schmidt, AAC soon.
Like at all of the rest of the AAC's the BLM signs and internet promotions invited hundreds of transient individuals and groups to BST leaving the owners responsible for the public injury liability and the removal of the accumulation of the trash the public brought to and left on Daves mining claims.
After Tonie passed Dave did the best he could to handle the public trash problem while mourning the loss of his best friend, Tonie Seger, but the BLM said it was not good enough.
Cheryl the inheritor of the structures told me Lin Gum from the BLM phoned her and asked her permission for the BLM to take some volunteers out there to pick up some of the trash left by the tourist. Cheryl innocently said, "yeah go ahead."
Apparently Lin took his own bulldozer to BST and knocked down some of the historic BST buildings. With hundreds of volunteers from Jawbone and other places. The BLM held Dave Ayers at gunpoint while the BLM and the volunteers seized and hauled off all of Tonies priceless antiques and artifacts and everything else of any significant value. Yes, they hauled off somr trash too and threatened to charge Cheryl $33,000 for doing this work if she did not voluntarily donate the world famous BST structures to the BLM.
Cheryl did nothing so the BLM kicked her caretaker Dave off of the property so the BLM could declare the BST structures as abandoned property and take legal ownership away from Cheryl, which is what they did later.
The BLM instead of contacting Cheryl posted her property as abandoned property with an abandonment notice in a seldom read small town obscure newspaper in 2006, where they knew she would never be able to see it.
The BST property was promoted as the BLM's most popular area AAC in 2003, the BLM took legal ownership of the BLM, BST, AAC's in 2006. The name the BST, AAC claim name is a fictitious name and not the legal claim names, like my legal Silver Swan claim names, were renamed and promoted as the BLM, owned White Swan AAC claims to prevent the public from searching public records to learn the BLM has invited them to trespass and occupy our privately owned property, not BLM owned property.
The local community in the Lone Pine area were outraged over the AAC destruction of my historic structures, their local National Historic Treasure and local landmark, and local mining history and personal roots. I have been humbled to see the local older people's eyes well up with tears when talking about their sweet memories of my property.
The local community leading citizens around Tonie's property are ten times as outraged over the destruction of BST, and the BLM's and the volunteers deliberate destruction of Tonie's memory and legacy.
The BLM, AAC's are partially funded by the State and Federal Historic Preservation offices. They are allowing the BLM to change local mining history by changing all of the AAC legal claim names and destroy the historic integrity of our historic structures with the use of unskilled volunteer sloppy building practices with new building materials. Several of the AAC's including my property and the BST historic property, safe from harm for over 50 years are now totally destroyed due to the unsupervised, uncaring public use of them by the masses. The ones the volunteers and the public AAC party goers burn down, the BLM, laughs and calls them "Budweiser" fires.
Some of the volunteers file over the top of our claims. The BLM leaves all of the miner's responsible for paying the property taxes on all of their BLM, AAC, public use cabins.
Apparently a down on his luck commercial outdoor outfitter businessman, a friend of the BLM officer Craig Beck, wanted Tonie's property to boost up his failing business, so Craig helped him get it and made him the BST, AAC coordinator owner. He is now in partnership with the Bickel Camp owner in a corporation to promote the BST and BC property as an AAC for recreational occupancy and as a location for their public recreational mining business so they can apply for and receive the millions of dollars available in historic and recreational preservation funding public donations and grants.
Apparently they have "adopted" all of Last Chance Canyon.
Thanks to them Dave Ayers as the legally responsible claimholder is now in violation of the same occupancy federal laws the BLM just filed an IBLA case against me for violating.
There are structures on his idle claims he does not own anymore that are being used as an AAC for purposes not incidental to his active substantial mining activity, the same as I was.
The good news is recently Cheryl asked me to help her find an attorney to represent her against the AAC coordinator and the volunteers and of course the BLM.
I have asked the Ca. State Historic Preservation Officer to intervene and look into these AAC cases and the AAC using volunteers and public's destruction of them. The destruction of historic property, inviting the public to commit mineral trespass and mineral theft, is certainly not in the best interest of the public as a whole.
The AAC use of miner's homes and claims are in direct contradiction to the Mining Safety and Health Act office policy of, "Stay out and stay alive."
It is insane this BLM is using volunteers to circumvent the laws, just so the BLM can obtain BLM ownership of all of the areas miner's property and just so they can run all of the miner's out of the area.
I cannot say the BLM does not appreciate the unlawful efforts of the volunteers, however.
Every year some of the AAC volunteers are selected to compete for awards for their public service. The ones that win are sent to Washington, D.C. to receive awards from the DOI Secretary for their hard volunteer work.
Steve Smith a BLM officer and Sierra Club executive officer and one of the director's of the AAC program he invented in 1989 with one of his political activist friends, received this DOI award one year.
So did George Balard one of the AAC coordinators.
Sorry, but I get angrier about Tonie's BST property than I do about my own.
As usual I apologize for the bad spelling and typos.
Louise Hall
PO Box 87215
Tucson, AZ.
85754
email: swanladylouise@yahoo.com
phone 520-883-8852 (unblock prior to calling)
fax 520-908-0426

[kneezer5555]

This is the first part of my response to the Interior Board of Land Appeals (IBLA) decision in my case, decided on March 15, 2007.

IBLA 2004-204
CACA-45693
Mary Louise Hall
mining claim occupancy
Affirmed in Part- Denied in Part

I won the only part of my decision I could legally appeal because I did not own the Silver Swan aka BLM, White Swan, public use Adopt-a-Cabins (AAC) structures anymore. The BLM and the IBLA knew I had already sold my SS home and buildings to a man, one of my financial backers in my mining endeavor's, before the BLM issued the 2004, Notice of Noncompliance (NON) and Cessation order (CO), but I have retained ownership of my SS claims. I was only the renter of my home at that time with plans to own my structures again (by 2003) when I had met the terms of our financial agreement. I still refer to them as my SS structures because the BLM said I did not have the legal right to sell them, but the legal owner's attorney disagreed. He resides in Mexico and is looking for a U.S. Attorney to represent him against the BLM and the AAC volunteers, because the IBLA gave the legal ownership of his property to the BLM without affording him his right to due process.
I apologize that I am going to repeat some of the things in my former posts but this post is also going to go to my Alternate Dispute Resolution officer in the Ca. BLM State Office. He has not heard the whole story yet. I am working with him because the IBLA in my case described the BLM's Adopt-a-Cabin, recreational use of my claims as unlawful because the AAC's were not being used for purposes incidental to my mining activity. The BLM and the AAC volunteers have both let me know this unlawful AAC recreational use of my Silver Swan mining claims are going to continue. It has already continued uninterrupted since the winter of 1999-2000.
One of the BLM, DOI appointed TRT advisors Randy Banis, posted an editorial about the IBLA's decision on his and the Panamint Spring Resort owner's internet AAC and volunteer related chat room website, Death Valley. com, celebrating the fact they are going to be able to keep their beloved BLM, White Swan AAC's, because the BLM now own's them. The IBLA gave the legal ownership of the SS structures to the BLM, only so the BLM could remove them. Randy said, the IBLA affirmed in part and reversed in part the (2004) Cessation Order of the Ridgecrest, Ca. Bureau of Land Management's decision. After the BLM and the volunteers turned my claims into an AAC site and refused to stop this AAC occupancy use of my claims, the IBLA said, "We affirm the BLM's finding that the cabin was not being used for any purposes incidental to mining as reguired by 43CFR 3715.2. I agreed. I have told the BLM and the volunteers for years the AAC use of the miner's homes and legal underlying valid mining claims are a violation of County, State, and Federal mining and occupancy laws and I could not legally agree to it, even if I had wanted to do so. The minute the volunteers turn our privately owned homes and mining claims into a public occupancy, recreational AAC business location the miner's are automatically in violation of the laws.
Most people would be ashamed of causing elderly men and women and their children, to lose everything they worked hard their whole lives to own but not this BLM and AAC volunteer group. They are extremely proud of it.
After I saw Randy's editorial I phoned the BLM Solicitor and asked her when the BLM planned to stop their unlawful AAC use of my claims by removing their AAC's, because the IBLA described their AAC use as unlawful. She angrily responded, not for years and maybe never. I reminded her I was still charging the BLM a rental fee for their AAC use of my SS mining claim, that started at $2800 per month on January 1, 2000, until the BLM removes their AAC's. The IBLA in their decision said Hall had been willing to forgive this debt if the BLM would return my rights and stop their AAC use of my claims, but the IBLA said the BLM refused to.
After the Solicitor told me this, I filed a Petition for Reconcideration with the IBLA asking them to order the BLM to remove their AAC's immediately because they have left me legally liable for the AAC tunnel explorer's and the AAC occupants of my claims, injuries, and have left me still in violation of the mining and occupancy laws, because the IBLA said the occupancy of the BLM's, WS, AAC's are unlawful.
"The IBLA denied my Petition a couple of weeks ago. The IBLA said it has long been decided, the IBLA did not have the authority to force the BLM to comply with the laws, however the BLM should consider the IBLA's ruling to be the law in this case."
The AAC program is a collaborative effort between the BLM and AAC volunteers from the very powerful recreational and political activists the BLM depends on for millions of dollars worth of funding annually. I am just one of the approximately 100, Kern and Inyo County, AAC victims since 1989.
The BLM filed the IBLA case against me to charge me, they said, $250,000 or more for the removal od the SS structures afther the unsupervised, uncaring, BLM officers, the AAC volunteers and the AAC using public masses destroyed the SS structures, my roads, my mining tunnels and shafts and my formerly well maintained land.
The civilian AAC volunteers incorporated my SS property into the AAC program in the winter of 1999-2000, but the records prove the BLM did not get involved until 2001.
I won my case, because the IBLA said the only issue in this case is whether the BLM's "adoption" of Hall's home relieved her of the legal responsibility for it. The IBLA decided it did and decided in my favor. The IBLA did not find me guilty of any wrong doing but decided the BLM recreational use of the surface of my pre-1955 claims was an unlawful use of them.
The IBLA said the BLM could not charge me for the removal of the structures after "adopting" them for public use but said the BLM could remove them because their presence was unlawful, because I was not using them for mining. None of the 100 or more, official and unofficial area, privately owned miner's homes and private claims, that have been turned into AAC's by the volunteers are being used by the miner's for purposes incidental to the miner's mining activity. Some of the AAC's are only being used as party houses and vacation homes for the exclusive use of BLM officials, the volunteers, and their personal friends and families, and are being kept secret from the public that supports them. Other AAC's are also being used as a party location, like the week long sleep over beer bashes hosted by the BLM officials, like the ones the BLM officials hosted in my home. Most are being used as a business location for the BLM officer's, the Volunteer's and the DOI, BLM advisors, and the Maturango Museum's, AAC related commercial business endeavors. The AAC program is promoted as a private citizen volunteer historic cabin site preservation effort. The truth is this program has caused the total destruction of my home and dozens of other area historic homes safe from harm for over 50 years prior to their incorporation into the AAC program. The local communities are outraged over the destruction of the Burro Schmidt Tunnel, AAC's and my historic property and other's. They were the communities local national treasures and landmarks and their own personal family roots and histories.
The IBLA critisized me for my posts on the internet and said I clearly did not understand the laws because I had told the BLM and the volunteers their AAC recreational occupancy use of my home and claims were unlawful due to the grandfathered in, stricter, tighter, more exclusive surface rights of my pre-1955 claims, located in 1930, but the IBLA said the same thing. The IBLA said the BLM clearly did not have the authority to issue a right of way across any portion of the public land which is subject to a valid unpatented mining claim located before July 23, 1955 without the express permission of the claimant and without proceedings.
In reference to the AAC program, the IBLA said while we recognize the common sense underpinning's of BLM's representation's to Hall, we express no opinion on the legality of this method to remedy unlawful occupancy of a mining claim under the Subpart 3715 regulation's.
The IBLA said at no time during Hall's ownership of her property did she try to justify their occupancy and presence on public land, of her structures. The IBLA was right because that was not my intent.
In their decision in my case the IBLA said I did not need to notify the BLM of my occupancy as long as my mining was only a casual operation, (it was) until 1997.
In 1996 federal laws changed. The new BLM regs. stated I had to remove my large beautiful historic 1932 Silver Swan home and buildings because my casual operation did not justify the occupancy and presence of my structures on public land. The laws said neither myself or my own caretaker could occupy my claims anymore to care for and protect them.
Due to other legal prior committments and various other reason's I could not live in my home while I worked my claims full time until 2001 or 2002.
It is legal for a miner's claims to remain idle for long periods of time due to market fluctuations or the miner's ability to sell their material at a profit but the occupancy of the miner's structures on idle claims only being used by me for prospecting and casual operations were an unlawful occupancy. It is a federal crime with criminal penaties attached to it, such as federal imprisonment, if violated.
I did not have any other legal choice except to remove my historic home and buildings, to comply with federal law. I had until 1997 to comply with the new laws.
The IBLA said I had never operated under a Notice of Intent (NOI) or POO, but the IBLA is wrong, one was always on file with the BLM.
I placed almost all of my personal possessions and our mining equipment in storage elsewhere, in 1996. I submitted a new Plan of Operations (POO) to the BLM in 1996, stating my intent to mine, after my operator moved my SS home and buildings to private land nearby. I described how my operator planned to do the work for me and reclaim the portion of the land my house was located on.
The BLM refused to authorize my POO because the BLM had designated my home and buildings as histo9ric property and a local effort had started to nominate my home for a listing on the National Register of Historic Preservation. (NRHP)
I continued in my efforts to obtain the BLM's legally reguired authority to move, demolish, or even burn down my structures, between 1996 and November of 2003 when I told my BLM, Field Office, manager Hector Villalobos, I had given up, he had won. I told him he could fight it out with the man that owned the SS structures from now on.
End of Part one of my response to the IBLA's decision, more later.
Louise Hall

[kneezer5555]

Part 2 of my response to the Interior Board of Land Appeal decision in my case filed in 2004 and decided on March 15, 2007.

The volunteers have admitted publicly in their Death Valley. com internet chat room, they seized my property and kept it deliberately without any BLM authority or direction. The BLM agreed and said I did not do anything wrong. The volunteers, not the BLM, took and kept my property due to a property identification error. The BLM said it was a mistake because neither the BLM or the volunteers can be sued for making a mistake (for eight years,) due to their sovereign immunity from prosecution, yet I knew the BLM and the volunteers took and kept my property deliberately. I just could not prove it until recently when I received a foot tall stack of documents from the BLM. I received them about two months ago in the BLM's response to one of my very expensive, but worth it, BLM FOIA requests. Now I can prove almost all of my allegations against the BLM and the volunteers are true. Hector and Steve Smith have already proved most of them are true in their 5 speeches about the AAC program to the Desert District Advisory Council members at their meetings in 2005-6. The minutes to these meetings are still available on line on the CA. BLM. gov. internet website.
In my recent Ridgecrest, Ca. BLM, FO., FOIA request, I asked for all of the copies of the BLM interoffice email memo's concerning my case, because my PLP friend, Jerry Hobbs, told me that is what he usually does. Thank You, Jerry.
In one of their emails between the BLM, State and FO they were discussing my ongoing efforts to remove my structures to comply with federal law instead of agreeing to share living arrangements with the BLM officer's, and the dangerous filthy desert rat volunteers and transient dangerous public and instead of agreeing to violate federal mining laws for Hector by turning my home and claims into a recreational occupancy AAC business location in violation of the same laws Hector used to file the IBLA lawsuit against me.
They were discussing the fact I had worked with the BLM official George DeVerres, for years in my attempts to obtain the BLM's legally required permission to remove my structures, and George kept trying to get me to agree to the AAC public occupancy of my home and claims, instead.
They said after pursuing this issue for years George transferred to the Tonapah, NV., Field Office in 1999, so the BLM officer Steve Smith decided to just go ahead and seize my property anyway without my knowledge or consent. This interoffice email proved the BLM officer Steve Smith and his Sierra Club AAC volunteers, seized my property deliberately not accidentaly, while Steve worked outside of his authority for the BLM and outside the scope of his duties for the BLM. He did this with the assistance of most of the same Sierra Club AAC volunteers listed on the volunteer page of Ed Waldheims, BLM,OHV, Jawbone.org website. The BLM has a contract with the California Archaeological Site Stewardship Preservation program (CASSP) to train some of these AAC volunteers for the BLM, apparently without bothering with the nuisance of veryfying the miner's private property ownership.
In 1996 I submitted a new POO to the BLM, stating my intent to mine, after my operator moved my historic Silver Swan home and buildings to private land nearby so I could comply with the new federal occupancy trespass regulations and protect my property and myself from the volunteers. In my plan, I described how my operator planned to do the work for me and reclaim the site when he was fininshed. The BLM has never approved my plan. I was not able to receive Hector's permission to move my structures, or demolish or even burn them down, while I still owned them. So I phoned the CA. BLM State Director Mike Pool and asked him for his BLM permission to remove my SS structures because Hector refused to give his.
By that time I was so traumatized by the BLM and the volunteers I could not eat, sleep, or think, anymore. I was so traumatized O was willing to let the BLM have my property for the AAC program, for just the return of the $10,000 in claim fees I had paid to the BLM.
I asked Pool for his permission to allow my operator to remove my structures or my Constitutional right to due process or just compensation for Hector's eminent domain, public use, AAC plan's for my home and claims. At Pool's request I followed up our phone conversation with a short letter, the IBLA partially quoted in their decision in my case.
In Pool's response to me he said, the BLM does not purchase miner's property for their AAC eminent domain use. He too, said the only solution to my occupancy trespass problem was to donate the ownership of my home to Hector and agee to the AAC unlawful recreation use of my claims.
The BLM interoffice email memo, explained my situation better than I can.
Lin Gum told one of the State BLM Director's, Jim Hamilton, "several years ago when the occupancy laws came into effect, about 1997, Ms. Hall told us she would rather burn her cabin down or demolish it instead of agreeing to the AAC public use of them."
For years I have told the BLM as the owner of the SS structures, I should have the legal right to comply with the federal law by removing them.
Because, I said I had the legal right to remove my structures instead of agreeing to violate federal laws for Hector, Lin told Jim, Ms. Hall was confused about the laws and her rights on her claims despite our efforts to explain the AAC program and the new 3809 and 3715 regulations to her.
I understood the laws, I just did not want to violate federal law or agree to the dangerous volunteers and AAC using public preventing my rights to ever work my claims, again. I opted to remove my structures instead.
Hector in an email to the State Director's staff dated 6-12-2002, said Ms. Hall has been asking permission from the BLM to burn her cabin for some time now. I believe we have written her several letters telling her about some options, but the BLM will not give her permission for her to burn her cabins because of the fire danger, and liability issues, since the structures are her property, about the only way to deal with the issue is to start proceedings to CANCEL HER CLAIMS.
In another email to Jan Bedrosian in BLM external affairs, dated 6-18-2002, Hector told Jan, about a year ago Ms. Hall asked me for permission to burn her cabin. I know I told her that we could not authorize anyone to burn her cabin. I explained that this is not a policy for the BLM. I also told her if a fire were started and it got out of control we would have to investigate and perhaps charge someone for arson. Jan responded to Hector and said, Ms. Hall asked if we could refer her to someone to burn her cabin down to relieve her of this (public AAC injury) liability, I told her I know of no one.
At that time I had a notarized Power of Attorney from the legal owner of the SS structures, to represent him with the BLM on his behalf.
The BLM told me I did not need to be relieved of this AAC public injury liability problem because the rumor's that the SS property had been turned into the BLM public use White Swan, AAC's were incorrect.
In another email to the state office dated 7-22-2003, Hector said, for everyone's information my first experience with Ms. Hall, started years ago when she first called me and asked me (at George DeVerres suggestion) to burn her cabin down. (I asked for a free BLM Fire Department practise burn and reclamation of my site.) I told her that we would have to go through the mining law regulations and process to insure we had the title to the property or some written agreement, because if we didn't, she could turn around and claim I burned her property, a taking, and take it from there. I suggested other options such as AAC. We wrote her a letter or letters, trying to explain the options, give her information concerning the mining regulations, our AAC program, etc. Since then we followed up with several more phone calls, and/or letters and one phone call she specifically asked me to give her permission to burn her cabin and I refused and tried to explain I could not do that because of other factors such as Historical and Archaeological significance, and NEPA, and fire restrictions and regulations, and funding.
(When the BLM does not want to enforce or comply with federal laws, they blame it on funding)
Hector went on to say, I tried to explain that we need to address title questions before any action is taken or authorized by the BLM. She then started her accusations, letter writing, generally saying I wanted her mining claims and property. In less than a year's time, Hector proved all of myallegations were corect.
Hector knew, I knew, he already had taken illegal BLM ownership of my property. My property was already a BLM public use AAC. A few months later to prove I was right, in 2004, Hector took legal BLM ownership of the SS structures and ordered, all mineral operations at this cabin are ceased, but Hector does not consider that to be a taking of property because the SS claims are still registered in my name.
Hector was right I accused him of refusing to let me comply with federal law by refusing to authorize my POO and by refusing to give me the BLM's legally required permission to remove the SS structures while I still owned them. He refused, so he could obtain legal ownership of them for the BLM's continual unlawful AAC recreational use of my SS claims and the BLM's continuing AAC public occupancy use of the SS structures, by blaming me for his own and the volunteers wrong doing, and violation of the laws.
I accused the BLM and the Inyo County Officials of dereliction and complicity because they are allowing civilian volunteers to take and keep area miner's property illegally without owner consent or BLM authority or direction. I accused the BLM, the Sierra Club and the County District Attorney Maillet of failure to enforce the laws or comply with them, to benefit their very own deep pockets.
Everytime I asked Hector to enforce the law by proceeding with whatever he had to do to give us the authority to remove the SS structures, he refused.
At the 4-1-2005 DDAC public meeting Hector said the BLM only owned the deed to the Dawson-Meade AAC's.
In 2002, I asked Lin Gum how he circumvented the federal mining laws and criminal laws in all of the AAC cases, and particularly in my case because almost all of the AAC's are privately owned miner's homes located on the miner's underlying valid mining claims, so all of them are unlawful because they are not in compliance with the laws. None are being used by the miner's for purposes incidental to the miner's substantial and regular mining activity.
Linn said it was easy, he said he removed my claims and all area AAC mining claims from mineral entry and changed their legal claim names and serial numbers. Lin faxed my new White Swan, CAMC, serial numbers to me along with the BLM 8365 regulations, he said he used to turn my claims into a BLM designated AAC public recreational site, which removed them from mineral entry.
Lin explained it best in an email to the State office in an email dated 8-1-2003, when they asked Lin the same question. Lin told them according to our local office agreement, the measure for when we can enter an MOU with a group of "Friends of...." is supposed to be when we have a quitclaim from the owner of the structure(s) and equipment that gives the BLM as owners of the structures and equipment. The quitclaim is then sufficient evidence of ownership, I feel, to allow me to close our 3715/3809 case file(s) and opening a new case file under 8365. In theiry the first documents in the 8365 case file would be the MOU. (Memorandum of Understanding) The 8365 case file is established, adjudicated, maintained, monitored and managed through the Recreation and Wilderness Branch: i.e., there ceases any further affiliation with the mining law program in order to remove confusion in how we manage the AAC property.(ies)
In the case of Ms. Hall our agreed on process failed; i.e. an MOU was created before we got a quitclaim. WE WON'T MAKE THAT MISTAKE AGAIN!
Apparently almost 100 absentee area miner's whose property has been turned into an AAC have continued to pay the BLM annual assessment fees and do their annual fillngs and their legally required paperwork with the County and the BLM, unaware that Lin has removed their claims from the BLM 3715/3809 minerals program. As Lin said, he has in effect removed their claims from mineral entry, to prevent us from ever being able to work our claims ever again.
Everytime I have asked the BLM to terminate the BLM, AAC, MOU's, that gave others my owner claimant rights and obligation, return my legal claim names and CAMC serial numbers and restore my mining claimant status and rights they have refused.
End of Part 2 in my response to the IBLA's decision. More later...
Louise Hall

[kneezer5555]

This is the third part of my response to the IBLA's decision in my case.

In 2002, I told the BLM I wanted to submit a new POO and bond to work my claims full time while living in my home. The BLM responded a new POO and bond were not neccessary. I had sold my Silver Swan structures and was only the renter of them, but I retained the legal ownership of my SS mining claims. When the new owner and I arrived at our SS property, we were shown the Gear Grinder's and Sierra Club's legal binding BLM, AAC, contracts that gave them all of my former home ownership and mining claimant obligation's and rights and the BLM authority for the SS structures, now known as the BLM, WS, AAC's to remain on my idle Silver Swan mining claims forever.
We were both run off of the claims by the BLM volunteers and a BLM ranger, who threatened to arrest of if we ever returned.
We had two 40' trailer loads of my personal possessions and our mining equipment delivered that morning.
The delivery driver said he was also run off and forced to leave our possessions on the claims. We were not allowed to retrieve our possessions before we were run off at gun-point, after we received a few warning shots.
After a few unsuccessful attempts to get his equipment and SS property rights returned the owner of the SS structures returned to his home in Mexico and I kept trying without success, to get our property and property rights returned.
I tried to obtain help from the Inyo County Officials and law enforcement but they refused to help me, apparently because they are BLM, AAC partners.
When we arrived at my claims there were dozens of BLM ownership and BLM, WS, AAC signs erected all over my SS home, buildings and claims, along with public health "Hanta Virus" disease warnings. The SS main house 3-car garage and other structures were destroyed.
The caretaker's house, blacksmith shop, pump house, and other out buildings had been removed, along with everything else of any significant value.
The AAC using public and the volunteers were occupying my home and claims with RV"s and tents.
When I contacted the BLM the BLM denied my property had been turned into the BLM, WS, AAC public use property and said I was still the legal registered owner when I asked them to remove the trespassers so we could work my claims.
The BLM and other federal agency's have entered into numerous partnerships with civilians, so the BLM can deny all culpability in siturations like mine.
In 2002, I had planned on living in my home for the rest of my life with my grown children and grandchildren, while earning a lucrative income from selling my material from my claims. I had hired a full time caretaker and people to work for me in Tucson, AZ. in our retail business, processing and selling my material from my claims.
Apparently the IBLA believes the BLM admitted turning my property into the BLM, WS, AAC property for public use by mistake and not because I did anything wrong.
The IBLA is wrong. The BLM denied it.
The BLM described the adoption of my property for their own and the public's use as criminal activity committed by the volunteers, not by the BLM.
Ar first, Hector Villelobos, my BLM, FO manager told Senator Kyl he had the Sheriff investigate all of my BLM, AAC allegations and Inyo County, Sheriff Wayne Reed, reported all of them were wrong.
Hector said only one sign was erected on my SS property due to a property identification error on the part of the volunteers, without BLM knowledge direction or authority. Hector said nothing else happened to my property.
In a letter to me dated July 29, 2002, Hector said no new Notice is nessessary at this time, because I told him I wanted him to remove the AAC trespassers so I could submit a new POO and bond. The IBLA said he meant no new Plan Of Operation (POO) or Notice of Intent. (NOI) In this same letter Hector apologized for the volunteers one small error. Hector implied his apology for the volunteers error, not the BLM's, was sufficient to settle the AAC problem for me. I told Hector the Gear Grinder's and Sierra Club's legal binding BLM, AAC contracts, Memorandum of Understanding (MOU'S) prevented our ability to evict the AAC trespassers, or even have them arrested and prosecuted. Hector disavowed all knowledge of these BLM, WS, AAC contracts, he said he knew he had not seen or signed them. Hector said if they did exist without his legally required signatures on them as the BLM, FO manager, they were bogus documents, even if his BLM officer Steve Smith had signed them.
Later in 2005, when a fellow Public Lands for the People, member ( Thank You forever, Windbreaker, Aucourant and wife) and his wife traveled all of the way to Ridgecrest to do an onsite FOIA in Hector's BLM, field office, conserning my property and the Burro Schmidt Tunnel AAC property, Hector produced a copy of the Sierra Club's MOU on my property for him, which he forwarded to me. They were still not terminated and Hector was right he had not signed them. They were bogus, with bogus information on them, but were still legal binding contracts because they were on official BLM letterhead, MOU, and Steve Smith, a BLM officer had signed them.
When we learned our property was now BLM, public use property we returned to our efforts to remove the structures at my expense, for the public's safety and because that was the only realistic way to stop the AAC using public from occupying these uninhabitable, unsafe, diseased, AAC's because they were now no more than an attractive nuisance, but again Hector blocked all of my attempts.
In his July 29, 2002 letter Hector refused to release me of the AAC using public liability or stop the AAC use of our property and said that was solely my responsibility because the public had the legal right to visit my property. Hector is right but the public only has the legal right to visit the miner's homes and claims once annually, by appointment, and only for inspection purposes, with the BLM and the miners present during their tours. (43CFR3809.900)
What Hector is doing is in direct contradition to the County, State, and Federal occupancy and mining laws and the BLM's public policy of, "Stay out and Stay Alive." He has turned almost all of the area miner's privately owned homes and the miner's idle but valid mining claims into some type of Disneyland three-ring Circus.
Inyo County District Attorney Maillet told me to go out there and do a citizens arrest by myself if I wanted the AAC volunteers and the public trespassers removed, and do it without his or the Sheriff's help. I tried but I was beaten and shot at several times before I gave up, so the AAC use of my claims have continued to this day.
I was desperate to remove the AAC trespassers, because the AAC use of the SS claims by several hundred volunteers, the BLM officer Steve Smith and the public masses were preventing us from working my claims for the badly needed income. We were in danger of losing our huge financial investment in the retail/wholesale business we had set-up to sell my material from my claims, in Tucson, AZ.
In the year 2000, the BLM officer Don Peterson posted BLM signs on my SS home for me stating my SS home and buildings had BLM authority to remain on my idle claims, on public land forever as protected historic property.
Some of the signs said I would be prosecuted if I removed the signs or ever tried to demolish or destroy my SS home and buildings. Under extreme duress due to the BLM's constant threats of severe retaliation if I refused, in 2000, I had reluctantly donated my ten mineral rich White Swan claims, (200 acres) to Don Peterson's local China Lake Amateur Astronomy, Adopt a Cabin group. I had also given one of my smaller SS outbuildings to them to move around to their WS, AAC claims to use for their sky viewing, AAC. Don and the local astronomers as neighbors, promised to protect my SS home and claims for me, from what Don called Steve Smith's, "BAD" Sierra Club AAC volunteers. Hector and my contractor convinsed me my historic 1932 SS home and buildings were still easily restorable to their former unique beauty. I retrieved everything I had placed in storage and returned everything back to my SS home and claims. My SS home and buildings had BLM authority to occupy my idle claims forever but I didn't nor did my caretaker until I could work my claims full time, more substantially than my former prospecting and casual operation, so myself and my financial backers in my mining endeavors started traveling around establishing a market to sell my material from my claims.
When we were set-up and ready in 2002, we were stunned to learn the SS house, buildings, and mining claims were now the Lone Pine, Ca areas most popular BLM tourist trap, but Hector denied it.

End of part three... More later.
Louise Hall

[kneezer5555]

Part 4 of my response to the IBLA's decision in my case.

At the 4-1-2005, DDAC meeting Hector admitted he had authorized the official BLM signs the BLM officer Don Peterson erected on my SS home and buildings authorizing their occupancy on my idle claims forever as historic protected property.
I had constantly complained to the BLM about the volunteers repeated trashing and vandalism of my SS home and claims, so Hector told the DDAC members, he let the volunteers haul off all of my possessions and I took it wrong. (????) Hector said I accused the BLM, not the volunteers, for the taking of my property.
The IBLA said my allegations the BLM had removed all of my possessions and mining equipment were wrong because I had reported a few items of furniture and appliances had been stolen, and my property trashed again, on my reports to the County, but Hector admitted it at the DDAC meeting.
The IBLA said the BLM had reported my SS home and buildings had been stripped of everything in their 1997 inspection report, but the BLM was wrong. I had simply placed almost everything of any significant value in storage when I submitted the POO to the BLM asking the BLM to authorize my removal of the SS structures.
In 1997, I had asked the BLM ranger to meet me at my property to show him the most recent trashing, burglary and destruction of my property by the volunteers. They had left porn photos of themselves on my bed and the BLM ranger identified them as the AAC volunteers.
The IBLA said at no time during my ownership of my property did I justify the occupancy of my structures, and the IBLA is right. I did not because my intent was to remove my structures because I would not be able to meet the five legal requirements to justify occupancy until 2001 or 2002, but when the BLM authorized their occupancy for me in 2000, my intent was to keep them to benefit my claims during mining activity, to house me and my mostly electric production mining equipment. My SS structures had BLM authority to occupy public land on my idle claims but I didn't in 2000, so my financial backers and I traveled around establishing a market to sell my material from my claims. When we set-up our retail/wholesale business in Tucson, AZ in 2002, to sell my material, I was ready to submit my new POO and bond and notified the BLM, the BLM responded no new notice is needed at this time. When we arrived at my claims we learned our SS home, buildings and claims were now the BLM, very popular, public use White Swan, AAC's and recreation site, with several hundred AAC day visitor's and overnight occupants per month, but the BLM denied it. I could not submit a new POO or NOI anyway, because the BLM described this AAC possession of my property as a crime committed by civilian volunteers without the BLM's knowledge, direction or authority. If I submitted a new POO, it would have to be an AAC, POO, and financial guarantee bond, and it would appear as if I had turned my property into an unauthorized, occupancy, recreation, AAC business, myself, without BLM approval, instead of the volunteers. I was right the BLM did anyway, when Hector filed his IBLA case against me, blaming me for the ongoing AAC occupancy use of my claims for purposes not incidental to my mining activity. Apparently the IBLA believed Hector, in certain aspects of their decision, when they lectured me about the laws instead of the BLM.
When I learned about the AAC use of my claims, I knew I would not be able to work them because some of the volunteers and the AAC using public (also called BLM volunteers) are very nice decent people and community leaders but other's are not. Some are mean, threatening, dangerous, drugged-up, drunken, gun packing, miserable masses of humanity. I knew I could not work my claims with a reasonable expectation of privacy and safety with them constantly oozing in and out of my claims, after arriving by commercial tour buses and tour guided 4wd caravan groups of 15 or more vehicles, led by the volunteers and official BLM advisors. They all believed the BLM had invited them there, so I had lost my legal right to exclude them from my property.
My SS property was and is still being promoted fraudulently to the public as BLM owned public use property in several AAC related chatrooms and on the privately owned internet websites, of the BLM advisor's, Death Valley.com and the Sierra Club, internet websites. All of them refuse to do a retraction. Like the volunteers, the Bishop Inyo Register and other newspapers fraudulently posted articles about my private property and the 100 or more AAC's as BLM owned property. My property is still being promoted as the BLM owned White Swan public use property in several very popular Death Valley tour and guide books.
The BLM may have or may not have been willing to let us have our property back but they refused to let the volunteers and the AAC using public know the BLM, WS, AAC, property was legally the Silver swan privately owned home and mining claims, so the volunteers and the AAC using public would not let us have our property back or relinquish their adverse possession hold on it. The BLM has eminent domain taking of private property powers but the BLM did not evoke their eminent domain authority.
I am, I believe wisely afraid to even visit my hometown area of my claims again, due to the volunteers threats, and past actions.
The Death Valley. com editor Randy Banis, in his editorial about my case, said the IBLA affirmed in part and reversed in part the BLM's Cessation Order, but he is wrong. I did not appeal the BLM's CO, so it stands as written, because I did not receive it in time to appeal it. The IBLA said the CO was deemed to be in effect on May 25, 2004. I only received the BLM's, NON, in time (barely)to appeal it.
The owner of the SS structures gave me a notorized Power of Attorney to represent him with the BLM until the P of A expired in November of 2003. At that time I told Hector it was too late, he had won, I had given up and he could fight it out with the man that owned the SS structures from now on.
I made the mistake of telling Hector I would be traveling for awhile and would not leave anyone with the authority to sign for any time-sensitive certified mail for me in my absence. I gave Hector my cell phone number to reach me if he needed to for any reason. The confusion about my receipt of my CO and NON, the IBLA mentioned happened because Hector took advantage of this information and mailed the NON and CO to my home address instead of phoning me to find out where to send them. When I returned home, I was able to get the BLM to mail the NON again in time for me to appeal it, but they did not send the CO again, in time for me to appeal it.
The IBLA said at no time during my appeal did I try to justify the occupancy of the SS structures by stating I needed them to benefit my mining activity, but legally I couldn't. The CO said the BLM now owned the SS structures, all surface improvements, and all of our personal property, and "ALL MINERAL OPERATION'S AT THIS CABIN ARE CEASED!"
The IBLA said the BLM said they took (and kept?) my property due to a property identification error, not because I did anything wrong. The evidence indicates, the BLM taking and "keeping" of my property without notification or a proceedings were a deliberate BLM wrongful taking of property not an accidental taking. As the IBLA noted, Hector refused to do anything to rectify his mistake or even release me of the AAC using public liability. The IBLA said my concerns over this liability had merit.
End of part 4, more later....
Louise Hall

[kneezer5555]

Part 5 of my response to the IBLA's decision in my case.

Due to the changes in the laws in the 1990's I kept asking the BLM if I was still in compliance. The BLM admitted they were even confused by all of the changes.
Between 1996 and 2004, the BLM kept telling me the POO already on file with the BLM concerning my SS home and claims was sufficient, and I did not need to submit a new POO, NOI or bond, even with the constant evolution of the laws during the 1990's, but Hector changed his mind in 2004, when he issued the Notice of Noncompliance against me. In his NON he ordered me to cover-up the volunteers unlawful use of my SS claims by submitting a new POO to make it appear as if I, not the volunteers were quilty of the ongoing AAC unlawful occupancy, recreational use of the SS structures and claims, a violation of federal laws. Hector, pretended like he was not aware of it.
I refused to appear to be associated with this AAC crime in any way at all. Hector also gave me the option of violating criminal law by removing the SS structures, he knew I did not own anymore and no longer had a Power of Attorney, on, so I could.
The evidence indicates the Ridgecrest, CA. Maturango Museum's, 4wd, AAC group, the Gear Grinder's, led by a man that calls himself, Bill "Rottencrotch, Maddog" Maddux, were the first illegal adoptees of my SS property in the winter of 1999-2000. Apparently they did not do much damage to my property unlike the second AAC group of Sierra Club leaders. The BLM officer Steve Smith is the executive officer of this Sierra Club chapter and AAC volunteer group and they have over 30 AAC's listed on their official Sierra Club internet website. They use the AAC's as a location for their public tour guide and outings for a fee, businesses.
While we were trying to put together our business to sell my material from my claims, in 2001, I received a certified letter at my home address of record in BLM's database, in Citrus Heights, Ca., so I received it in time to appeal it. The letter said the BLM had declared both my Silver Swan and White Swan claims, null and void. I managed to prove to the BLM's own Adjudication officer, Debra Marsh, within the 20 day time frame, that my Silver Swan claim fees and property taxes were paid and current and all of my County and BLM paperwork was in order. Adjudication agreed within a few weeks, and vacated Hector's decision and ordered him to return the legal ownership of my SS home and claims to me.
The IBLA said, it appears the BLM had confused my SS claim names with the WS claim names I had recently donated to the BLM officer, Don Petterson's AAC astronomers, however that seems unlikely because instead of returning my property by terminating the Gear Grinder's BLM, Silver Swan, AAC contracts, a short time after adjudication's decision, as the IBLA noted, the BLM changed the names of my SS claims to the White Swan claims. Instead of returning my property per Adjudication's order's, the BLM officer Steve Smith signed another BLM, AAC contract, an MOU, with his Sierra Club's, "Friends of..." (only themselves) AAC group, on my Silver Swan privately owned home and claims, as the BLM owned WS property.
The law requires the BLM to notify the owners of any property the BLM feels has been abandoned on public land to let them know their property rights are in jeopardy, before disposing of that property in any manner. The BLM clearly knew I owned the SS structures, regardless of the disposition of the claims or whether or not they were defunct mining claims. The BLM never notified me.
Later after denying it to Senator Kyl for a long time, the BLM told Sen. Kyl the BLM gave my property to the volunteers without affording me, due process or notification, because my SS home and claims had been BLM non-compliant since 12 years prior to my purchase of them.
The BLM had shown me the prior owners POO on file in Hector's office and assured me all of their paperwork was in order and was without any noncompliance issues, prior to my purchase of my property. Through Sen. Kyl, I requested proof of the prior owners 12 years of noncompliance so I could sue the prior owner, a retired BLM employee and his legal secretary wife, for selling me BLM noncompliant property. After a dilligent search of over a month for this evidence the BLM, (Jan Bedrosian,) told Senator Kyl, the BLM had been wrong, my claims were now and had always been BLM compliant. Next the BLM put all of the blame for the taking of my property on the criminal acts of the volunteers, and told my Attorney at that time, Richard Harris in Reno, NV., the volunteers had stolen my property, without the BLM's knowledge. Attorney Harris, told me he could not help me because I had a criminal matter not a BLM, taking of my property, civil matter. After that the BLM changed their excuses at a drop of the hat. The BLM told CA. mining Attorney William Tilden and Laura Skauer of the Northwest Mining Association, in Spokane Washington, the BLM had ordered me to remove my structures, years earlier, and I refused to comply, so without investigating the truth, they both refused to represent me. Attorney Tilden, returned my $500 retainer. Various Attorney's insulted me or yelled at me, for wasting their time. I was traumatized because I never knew what untrue, unproven, story the BLM was going to tell the next Attorney or Government official that called the BLM on my behalf. Apparently, they even lied to DOI Secretary Gale Norton and U.S. BLM, Director Kathleen Clark, when they called the BLM on my behalf. The BLM various stories were effective and obstructed my right to seek the return of my property or justice because no Attorney would represent me. I even had to act as my own Attorney in front of the Interior Boardf of Land Appeals. The Government's word, true or not is always believed over that of a private citizen's word.
When I sold the SS structures, I forwarded a copy of the notarized Bill of Sale, signed quitclaim deed and our rental buy back option, financial agreement contract to Hector. I forwarded a copy of the notarized Bill of Sale to the Inyo County tax assessor. I have only paid property taxes on the SS land since then and not the SS structures, but Hector told the IBLA I had resumed the ownership of the structures again because I was paying the property taxes on them. I submitted my property tax records from Tom Lanshaw, the Inyo County Tax Assessor, as evidence to the IBLA to prove Hector was wrong.
When privately owned homes and legal valid mining claims are turned into BLM, AAC public use property in this area it is almost always left legally registered in the miner's names, because the civilian volunteer's, not the BLM do the taking of the miner's property for Hector. Hector said as long as we still retain the legal ownership of our property, we cannot accuse the BLM of a taking of our property, after our property has been turned into a public use AAC. I agree, it is a crime, and a theft of property.
The IBLA in their decision implied the AAC use of my property did not matter anyway, because there was not any evidence Hall ever worked her claims, apparently because I reported idle claims, no production, and no mining on my production reports to the County. The BLM told me to report idle claims because the BLM concidered a casual operation and prospecting the same as idle claims.
Between 1993 and 1996, before the volunteers forced me to stop working my claims due to their repeated trashing of my property and terrorism of me personally, in their efforts to force me into abandoning my property so they would have another AAC party location, I had worked my claims as a casual operation and prospected them. I was using my production processing equipment to process, stockpile, and store my gemstone and silver material for future sales to the trades. The BLM and the County Assessor, both told me to report, no production and no mining on my production reports to Inyo County, at least until I actually sold my material, because the County reports were for tax collection purposes only.
As the IBLA said I was not legally required to report my occupancy to the BLM or my casual operation until 1997 and even then the laws were vague causing more changes in 2001, but by then the SS structures had BLM authority to remain on public land forever and unknown to me my SS property was already a BLM public occupancy AAC, business.
End of part 5.... more later....
Louise Hall

[kneezer5555]

This is Part 6 of my response to the IBLA's decision in my case.

The IBLA knew the laws changed in 1996 and my caretaker and I were not allowed to live on my claims to care for or protect my property anymore. I submited evidence to the IBLA to prove I had let my home and buildings run down because I was trying to obtain the BLM's authority to remove them to comply with the laws and also I did not believe the volunteers were going to let me work my claims again until I removed the structures they wanted to turn into another of their AAC party locations.

The BLM said I had to let the BLM officer Steve Smith and the volunteers be my caretakers and maintenance people at the taxpayers expense, instead of letting my own caretaker I knew and trusted, care for my property at my own expense. I argued if it were legal for the volunteers and the BLM officer Steve Smith to occupy my idle claims to care for them, it was legal for my own caretaker to do the same. I argued if the Bickel Camp private property owners and other's could operate their own AAC public mining businesses, with their caretakers, cooks, and housekeepers, wages paid for by the BLM's Jawbone Station and other public funds, I should have the same legal services, paid for by the taxpayers, for my own caretaker.

In 1999, I submitted a new POO to the BLM. I told the BLM since they would not authorize the removal of my structures, I planned to operate my own AAC public mining business like the Bickel Camp owners. I told the BLM, I planned to operate my own AAC public rock and gem collection area, for a fee, on a portion of one of my claims, while I lived in my home for the rest of my life earning an income from my AAC business like the Bickel Camp owner's and other area miner's. I told the BLM I would pay for my own caretaker to live on my claims and operate my public recreational mining business.
The BLM refused to authorize my AAC, POO. Greg Thompsen the acting BLM, FO manager, in a letter to me, stated my AAC plan was a violation of the laws. He forwarded copies of some of the same laws the IBLA quoted in my decision, to me, to prove his point. He knew I planned to patent my property to obtain the clear title to my land. He told me my AAC, POO would nullify my patent rights, so of course I changed my plans.
A short time later, Hector solicited me to violate the same laws Gregg had just brought to my attention. He said I had to voluntarily donate my clear title to my home to him and agree to the AAC use of my claims. He said that was the only way I could stay in compliance with the laws.

Knowing all of this, the IBLA said Hall was unwilling to maintain or even repair her cabin and was unwilling to let the AAC volunteers maintain them for her.
My property is next to a major tourist traveled highway and entrance to Death Valley Park. The IBLA did not see me all of the times I traveled hundreds of miles from my home in Citrus Heights, CA., to Lone Pine, CA., to do the repair and clean-up from the the most recent trash left by the volunteers but the BLM did, and visited me several times while we were there working. The BLM and the volunteers could see me plainly from the highway they traveled everyday and knew everytime I entered or left my property. Immediately after I cleaned up the volunteers trash and did their repairs, the volunteers would immediately do it all over again, in their attempts to force me into abandoning my property out of fear and fatique, so they could have another AAC party location and vacation home. I continued in my attempts to have the BLM authorize the removal of my structures instead of letting the volunteers scare me into letting them have both my home and claims.
I told the BLM, Congress had passed the new occupancy regulations to prevent groups or individuals from purchasing a mining claim just to have a vacation home, retreat, or business location, not so the BLM officers, the Sierra Club, other Recreationists, and the volunteers could have one, instead.

In 2002 I told the BLM I wanted them to stop the AAC use of my claims and return my claimant rights so I could submit my new POO and post my financial guarantee bond with the BLM, so we could work my claims. The BLM responded, no new Notice is neccessary at this time. The IBLA said the BLM meant, no new POO or NOI.
The IBLA said the BLM did not have the authority to waive the occupancy regulations for me, but I did not know that. The BLM refused to enforce the regulations and waived them all of the time. At the 4-1-2005, DDAC meeting Hector admitted the BLM had waived the occupancy regulations for me in 2000, when the BLM Officer Don Peterson posted the BLM signs on my SS home and buildings authorizing their occupancy on my idle SS claim, forever as protected historic proterty in direct violation of the mining occupancy laws.

The IBLA had a copy a several correspondences to me from the BLM over the years, Hector submitted to the IBLA, soliciting me to agree to the AAC recreational occupancy business use of my privately owned home and mining claims. In each of the solicitations the BLM was refusing to enforce the regulations and the BLM made it clear they were waiving them for me and all of the area miner's. Most of the letter's I had not seen until recently because the BLM had not sent them to my home address of record in Citrus Heights, CA.

The BLM and the volunteers have incorporated 100 or more miner's privately owned homes on the miner's underlying idle mining claims into the AAC program since 1989, both officially and unofficially and usually without the owner's consent or knowledge. It is obvious this BLM, FO is not enforcing the laws and neither are the Inyo and Kern County officials. It is obvious the BLM has waived the regulations for 100 or more miner's and the BLM has treated the other AAC cases differently than mine, with an arbitrary and capricious, application of the laws. As far as I know I am the only AAC case where the BLM has charged the miner's for what the BLM knows are the AAC volunteers and the AAC using public's federal trespass crimes to cover them up, with the help of the local Inyo County officials. By accusing me for their crimes Hector in effect covered-up for their federal mineral trespass and mineral theft crimes.

In a letter dated September 15, 2003 I asked the BLM for the last time to return my claimant rights, status, and terminate the MOU's so I could submit a new POO and bond so we could work my cloaims before we all went bankrupt by losing our investment in our Tucson business to sell my material from my claims. The BLM refused to do anything I asked.

The IBLA said in a letter in November of 2003, I told Hector I had given up. I withdrew my offer to remove the now destroyed, unsafe, uninhabitable Hanta Virus diseased, BLM, WS, AAC public use structures, for him, for the public's safety, at my own expense. I told Hector the Power of Attorney I had from the owner of the SS structures expired in November of 2003, so Hector could fight it out with him from now on, I had given up, Hector had won.

Knowing this a short time later Hector issued the NON ordering me to remove the SS aka WS, AAC structures for him, he knew I could not legally remove because I was only the renter at that time. In the NON Hector also gave me the option of proving I needed to occupy these unsafe structures to benefit my mining activity knowing the structures were uninhabitable and I could not submit a new POO or work my claims until he straightened out the paperwork on them.
The IBLA said, in a letter dated 1-19-2004, I told the BLM, the BLM was now the owners of the structures after having adopted them for public use, unless we agreed to another resolution to resolve our conflicts. I offered to let the BLM pay me their past due AAC rental fee they owed me for their use of my claims and continue paying me this rental fee until they removed their BLM, AAC's. The IBLA said I had been willing to forgive this debt if the BLM would immediately remove their AAC's and return my claimant rights, but the BLM refused.
In response, in a letter dated 1-21-2004, the BLM said they did not consider their AAC possession of the SS structures and claims to be a BLM taking of the ownership of my property because I was still the legal registered claim owner and property taxpayer. I responded the AAC using public does not know that, because the BLM and all of the volunteers, had told the public the BLM now owned the SS property and had renamed it the BLM, owned, White Swan, AAC public use property.

I told the BLM, I was now the laughing stock of the mining community and the local community. The volunteers described me publicly on the BLM, DOI advisors Death Valley. com internet website in 2004, as "the slightly dangerous, troublemaking, senile old lady kook, that just "thinks" the BLM, WS, AAC property is legally the SS property and the claims are hers. Be careful of her if you see her lurking around her claims, just call a ranger and he will run her off. Go ahead and occupy the property but be careful of her."
The editor Randy Banis has access to the BLM database and knew the truth about my property, the Burro Schmidt Tunnel and the World Beater, and other AAC's. He knows the truth but he uses his media company and the Panamint Springs Resort owner's internet website Death Valley.com chatroom, to fraud the public into believing all of the AAC's are BLM owned.

At the DDAC meeting in 2005 Hector said the BLM only owned the deed to the Dawson-Meade AAC's. As the IBLA said the BLM refused to do anything to dispel the public's perception that the SS structures and claims were available for public use. Randy Banis and the PSR owners have refused to post a retraction about my property and all of the AAC properties, on the same very popular website they used to ruin my life and other area miner's lives. I was banned from posting because I was telling the public the truth about the volunteers unlawful use of all of the area miner's private property as BLM public use AAC properties. This Death Valley.com, chatroom has been used since 2001 to maliciously slander me and the other miner's, our historic homes, mining claims, to misinform the public about the mining laws and to promote the miner's private property as BLM owned AAC's available for transient, world wide tourism, by the AAC using public masses. Internet fraud is a federal crime.

Hector and later the IBLA, knew I had sold the SS structures when Hector issued the NON and CO, in 2004. In my Statement of Reason's in my NON appeal, I said I cannot legally comply with Hector's decision. I cannot legally remove structures I no longer own. I am not obligated to submit a new plan conserning structures I no longer own, on mining claims you (BLM) have taken (unlawful) owership of and later incorporated into your AAC program for the publics use, and changed the status of from mining to recreation status, under 43CFR 8365.

The BLM told the IBLA, I was the one using the SS structures for the ongoing recreational occupancy use of my SS claims for purposes not incidental to my mining activities, instead of the BLM officers, the AAC using public and volunteers. The IBLA lectured me about the laws throughout their decision, as if I were the one violating them instead of the BLM.
End of part 6... more later..
Louise Hall

[kneezer5555]

This is part 7 of my response to the IBLA's decision.

The volunteers got me into trouble with the BLM. The records prove I was not in any legal trouble with the BLM prior to when the volunteers, not the BLM, turned my SS property into BLM public use AAC property, illegally, in the winter of 1999-2000. The volunteers AAC use of my property forced me into noncompliance with the County, State and Federal mining and occupancy laws, causing me to lose my property ownership rights.

There are several hundred individuals and powerful recreationist groups that call themselves BLM, AAC, volunteers in Inyo and Kern County, Ca. Even the AAC using public calls itself AAC volunteers. If you think you are one you are one.

There is not any official agency list of the AAC's or an official list with all of the volunteers names on them. Hector said at a DDAC meeting the volunteers never verify property ownership before they turn the miner's privately owned homes and mining claims into a BLM, public use AAC property for him, and that has become a problem for the BLM due to the ownership issues.

Anyone from anyplace can come to Inyo and Kern County and take any miner's property they want, without fear of prosecution. All they have to do is say they are a BLM volunteer. The volunteers wear agency apparel to impersonate federal agents doing official agency work. It is impossible for the miner's or the public to know if we are dealing with an agency official or some intercity gang leader from Las Angeles. They look the same.

Hector's civilian volunteers do the seizure and turning of the miner';s private property into an AAC without any legal agency involvement, so Hector can circumvent the laws, and avoid the nuisance of affording the miner's their right to due process or Constitutional rights to just compensation for the BLM eminent domain public use AAC taking of their property.

As civilians acting independently of the BLM, the volunteers are always forced into leaving the miner's as the legal registered home and claimowner's and property tax payers, when they turn the miner's private property into AAC property, so Hector can blame the miner's for this AAC unlawful use of their claims, like he did me.

In 2006 in response to one of my FOIA reguests, the BLM stated the BLM does not have any documents to prove the AAC program aka Historic Cabin Site Stewardship Preservation program is or ever has been a legal BLM program.

During 2005-2006, Hector and Steve Smith gave 5 long speeches about the AAC program to the DOI appointed BLM advisors at their Desert District Advisory Council (DDAC) public meetings.
Steve and Hector at all five meetings described the AAC program as a civilian volunteers effort, not a BLM program. They both described their volunteers AAC projects as criminal activity because the BLM has never been involved in their AAC projects since, 1989.

I was shocked when I read the minutes to all of these meetings and learned Hector and Steve are both aware of these AAC crimes on federal land but refuse to do anything to stop them. The volunteers in all of their internet chatrooms agree and say they do not need the BLM telling them what they can or cannot do.

In their own chatrooms and here on our miner's PLP2.org forum, the volunteers have admitted, they know their AAC activity is illegal and criminal but as long as the County and BLM law enforcement let them get away with it they are going to keep right on doing it. Without any area law enforcement we miner's are helpless to stop them. there are hundreds of volunteers to every one area miner.

Legally the volunteers are considered BLM partners, under the umbrella of the National Landscape Conservation System, DOI Partnership Program and FACA legal framework and legal guidelines. The authority the BLM uses for this AAC civilian efforts is listed on the volunteers AAC projects, legal binding contracts called Memorandum's of Understanding's. (MOU's)

It is a FLPMA policy. It states, "the BLM is authorized to enter into cooperative agreements with individuals and organizations pursuent to Section 307 of the Federal Land Policy and Management Act (FLPMA) of 1978 P.L. 94-379 (90 Stat. 2766 USC 1737) however there is nothing in FLPMA that allows an agency or an individual to impede, endanger, or materially interferre with the miner's rights or ability to work their claims. FLPMA imposed apon the Secretary to prevent all unneccessary and all undue degradation to public land. Almost all of the AAC's create an undue and unneccessary degradation to public land because they are an unlawful occupancy.

I have had everything I owned blatantly and publicly stolen by the volunteers, not the BLM, including my personal identity. I have over 50 cartons full of documents to prove I am a victim of a crime committed by civilian volunteers. I only have one document to prove BLM involvement in the theft of my property, under the SS or WS claim names. That is the MOU on my property Steve Smith signed, and Hector said was bogus because he did not sign it. I have one other partial Gear Grinders MOU that clearly stated their WS, AAC was located on my underlying SS claims, it was bogus too because Hector did not sign it.

I can produce a ton of evidence to prove the BLM and the County Officials were derelict and complicit and allowed me to be a victim of criminal activity, but none to prove a BLM rightful or wrongful taking of my property, a civil matter, prior to Hector's CO, NON, and the IBLA's decision.

Apparently the IBLA believed the BLM admitted their mistake in taking my property for public use to me, but the IBLA is wrong. The BLM only admitted wrongdoing on the part of the volunteers, not the BLM and the volunteers have admitted it publicly.

Hector and Steve Smith after clearly describing the 100 or more AAC's volunteers AAC projects as criminal activity because there is never any BLM involvement said they approved and condoned the volunteers criminal activity. Hector said he only funds their AAC activity but does not know where any of their AAC projects are located.

A few of the miner's about a handful, like Siebert's, Bickel Camp, Sears Cabin and Ruth Mine, have agreed to violate federal laws for Hector by turning their privately owned homes or trailers on their underlying valid mining claims, into an AAC businesses. Hector openly admits BLM involvement in their AAC businesses and BLM funding for their housekeepers, cooks and caretaker's of their privately owned homes, but does not admit any legal BLM involvement in any of the volunteers other AAC projects.

In response to one of my FOIA requests the BLM could not identify any of the "exact" underlying claim names and serial numbers to any of the BLM or privately owned AAC's, except for the handful of miner's claims that had agreed to the AAC business use of their privately owned homes and valid mining claims in violation of several federal laws. The BLM told me the law does not require the BLM to keep records to identify their BLM, FO area miner's home ownership.

The volunteers give all of the miner's homes and claims new fictitious AAC claim names and serial numbers to prevent the public from searching public records to learn they are being invited to criminally trespass in privately owned homes on legal mining claims. Apparently Lin Gum makes it all look legal for them later with his creative use of two sets of books on each miner's property. This creative use of two sets of books prevents the volunteers from having to pay property taxes and avoids IRS reporting requirements for their AAC related financially lucrative commercial businesses.

At the 4-1-2005 meeting Hector said he plans to take this civilian AAC volunteers method of taking miner's property away from the miner's for the BLM, nationwide due to it's success. The DDAC members consisting of mostly AAC volunteers, users, promoters and profiteers, unanymously agreed it was a good idea.

In one of the interoffice email memos between the state and field BLM office they asked Lin Gum, "Who directs the AAC program?" Lin responded, "Steve Smith does." They asked, "Does Steve Smith report to Hector's Field Office?" Lin responded, "No!"
End of part 7.... more later.
Louise Hall

[kneezer5555]

This is part 8 of my response to the IBLA's decision.

Hector filed a fraudulent IBLA case against me in 2004, because he knew my person or nothing I owned were occupying public land anymore, except my commodity, my minerals.

All of the AAC's invite mineral theft and mineral trespass in violation of federal law. It is a class C felony. The MOU on my property said the claimant (me) will be permanently limited to recreational mining (casual use mining) and my tailing piles and mining artifacts are attractive features for public exploration and rockhounding. The BLM invites the public to collect 25 pounds per person per day of the miner's minerals at the AAC sites but ton's of my silver and gemstone minerals were seen being hauled off of my claims by the truckloads, by the volunteers and the AAC public users. There are new mining shafts and tunnels on my claims, that were not there before.

The MOU said the BLM will help the volunteers in obtaining any materials necessary for the care and maintenance of these cabins.
"BLM rangers will actively enforce public land regulations pertaining to visitor use in the area and at the cabins."
Instead of enforcing the laws these historic structures were destroyed and the BLM rangers and County officials in violation of their oath of office, helped the volunteers and the AAC using public violate the laws, by not enforcing them.

On June 22, 2005, I phoned the BLM Solicitor and told her I had a high dollar cash buyer for my claims that would not purchase my claims unless the BLM would return my mineral rights, release him of the AAC using public liability problems and removed their BLM owned public use AAC's, so he could work the claims. The Solicitor said the CO removed my mineral rights and I did not appeal the CO, so the BLM could not return my mineral rights. Only the IBLA could return my mineral rights. She said, I would have to wait for the IBLA's decision. The IBLA did not reverse Hector's Cessation Order, the IBLA said was deemed to be ineffort on May 25, 2004.

She responded to our phone conversation in a letter to me dated June 7, 2005. Instead of letting me sell my claims, she forwarded a document for me to sign, stating I donated my SS structures and all of my personal property located on the surface of my claims to Hector. Hector's CO gave him the legal ownership of the SS structures and all of my personal possessions including our mining equipment on August 25, 2004, but the Solicitor said if I would sign these documents Hector would immediately file a notice to dismiss my case with the IBLA and rescind his January 21, 2004 decision.
It is a crime to bribe a BLM official with any gift or donation.
If any person attempts to bribe a government official to effect his decisions in the cource of his official duty, that person can be charged with a federal crime, so I respectfully declined Hector's offer.

The Solicitor said, if I signed the document it would resolve my unlawful occupancy of my SS claims under 43CFR 3715.2 and 43CFR 3809.11(a).
I told her Hector resolved any occupancy problems on August 25, 2004, when he gave the BLM legal ownership of the SS structures and all surface improvements, with the use of his CO. I told her Hector now had an unlawful occupancy AAC problem, not me. Later the IBLA confirmed it. I told her we would not bribe Hector, or sign the documents, we would wait for the IBLA to decide the case Hector filed against me.
I lost the sale of my claims.

Like Hector the CA. State BLM Director Mike Pool, said Hector's apology for the one BLM, WS, AAC, sign erected on my property in October of 2001, by the volunteers, not the BLM, was sufficient to resolve the AAC matter for me, instead of stopping the AAC use of my property and returning my claimant rights, so I could work my claims.

I have the evidence to prove Randy erected dozens of BLM, WS, AAC signs all over my SS home and mining claims as early as February 16, 1999, but Mike Pool said the (one) sign was not erected until October, 2001, when the Sierra Club became the second AAC owner's of my property, with the use of their bogus MOU, a few weeks after the BLM's own Adjudication officer let Hector know he had made a property identification error, when he declared my SS claims null and void, and ordered Hector to return all of my SS home and claimant rights to me.

In a letter to me dated August 2, 2003
RE: Adopt a Cabin Complaint
Mike Pool wrote,
Dear Ms. Hall,
The Secretary of the Interior, Gale Norton, asked me to respond to your recent letter to her filed in her office concerning the AAC program.
The Adopt a Cabin program was formulated and came into existance in 1989. The goal of the program was to save cabins located on public land that were determined to have historic or recreational use values. He went on to describe how the BLM waives the regulations for the miner's to resolve their unlawful occupancies by incorporating the miner's privately owned homes and claims into the AAC program.
Mike Pool said, Addressing your issue's involving the BLM's erroneous posting of the cabin located on your mining claims as a BLM, AAC in October of 2001, that matter was addressed and a letter of apology issued to you on July 29, 2002.
Additionally, as stated in several communications with you since that time, the BLM has no interest in your cabin or other structures located on your unpatented claims, other than your compliance with the laws.

In another letter to me dated September 20, 2000 from the BLM, the BLM said I needed a BLM approved 3809/3715 plan before I could legally demolish my structures. Pool knew he and Hector had refused to approve my plan (POO) to remove my structures. Instead the BLM continued to deny my SS home and claims were now BLM public use AAC's with several hundred AAC occupants per month. The BLM continued to waive the regulations for me and refused to enforce the federal mining laws, so Hector could charge me for the volunteers crimes.

In a letter to me dated August 1, 2003 the CA. State BLM Deputy Director, Richard Grabowski, said, Your buildings are not in the AAC program, and they are not open for public use. NOTHING has been taken from you, the claims and structures are yours to enjoy. If you plan to occupy your cottage beyond 14 days, or propose mining activity beyond casual use, you first need an approved mining plan that addresses those activities.
Now that he knew I did not own the structures anymore and they were destroyed and diseased with "Hanta Virus," unsafe, and not worth the expense of the move, Richard said, As you requested, (in 1996-7) you may remove your cottage to private property now and clean up the site. The BLM is not interested in moving the cottage at BLM expense.

Richard knew I could not submit my new POO and bond without looking guilty of the AAC criminal trespass occupancy of my claims, myself, so I could not work my claims. He also knew the laws had changed and would not allow me to (enjoy) occupy my structures during a casual operation anymore, but again the regulations were waived and not enforced for me. The IBLA said the BLM does not have the power to waive the regulations but they all do all over this Ridgecrest, CA., BLM, FO area, all of the time.

Richard's letter prompted me to phone BLM and ask if Richards letter meant we could demolish or burn the SS structures now, to comply with federal regulations and to stop the AAC users. I was told I would receive a certified letter from the BLM authorizing the removal of the SS aka BLM, WS, AAC structures. I never received this certified letter, so when the Power of Attorney I had from the owner of the structures expired in November of 2003, I told Hector it was too late now. I told Hector I had given up, he had won, he could fight it out with the man that owned the SS structures from now on, instead of me. I gave Hector the owners address in Naco, Mexico and my cell phone number. I told Hector I would be traveling for awhile and away from my PO Box address.

A short time later Hector issued his NON and CO, to my home address, he knew I could not legally comply with, because I did not have own the structures anymore. I appealed the only part of Hector's decision I could legally appeal. I claim that victory because I won that part of the IBLA's decision. I could not legally appeal any other part of Hector's decisions because I did not own the structures anymore.

In each of the letters the State and Field Office management sent to me, they set-up a papertrail of evidence for the IBLA's benefit to make it appear as if only one sign was erected on my property due to the volunteers property identification error, not the BLM's. and nothing else happened to my property. Apparently they tricked the IBLA but not as much as they had hoped. However the IBLA decided my case as if the IBLA believed only one sign was erected on my property and nothing else happened to it.

The BLM did not tell the IBLA about all of our attempts to remove the SS structures and all of Hector's successful efforts to stop us. The BLM did not tell the IBLA, the volunteers do their AAC work independently of the BLM or that the volunteers without the BLM's direction or orders seized my property, kept it and turned my property into an AAC for their own and the public's use or that the volunteers refused to let me have my property rights back.

The BLM did not tell the IBLA the same thing they told me, that Steve Smith working outside the scope of his duty for the BLM and outside of BLM authority, and his Sierra Club AAC volunteers partner's, turned my property into one of their 30 or more area Sierra Club AAC's and kept it, while frauding the public into believing my property and all of their Sierra Club area AAC's are now BLM owned public use AAC property, instead of private property. Or that the various volunteers groups have continued to promote my property and almost all of the area miner's privately owned historic property as exclusively BLM owned AAC public use property, fraudulently, on their privately owned internet websites.

The volunteers refused to post a retraction, at my request on their internet websites, to let the public know they are criminally trespassing in privately owned homes on privately owned mining claims and they are hauling off the miner's privately owned minerals on their active valid mining claims, a class C felony.

There are millions of dollars available to the volunteers in historic preservation grants and donations and public funding for their AAC's. Steve Smith was able to retire from his BLM officer position and now holds his same AAC Director position as a BLM volunteer officer. In an appearance of conflicts of interests ethics violations, Steve and all of the BLM advisors and steering committee members, have used their BLM decision making positions concerning the miner's and their properties with the BLM, to benefit their AAC related commercial businesses out in the field. The business use of a mining claim like the Bickel Camp and all of the AAC businesses are another federal law violation.

The volunteers hate me due to my efforts to get my mining claimant rights back. They erected public signs in my SS home for the AAC using public. It said this is the White Swan Cabin it is under restoration. Please destroy it, do not enjoy it!
After causing me to lose everything I worked at very difficult jobs to own, for over 30 years, while raising a fmaily as a single woman, the volunteers insanely have demanded my complete and undying gratitude. They have forced me to be homeless for awhile, forced me into poverty and bad health, with only my $600 per month widow's pension as an income and at 67 years of age it is too late for me to start all over again someplace else.

The owner of the SS structures suffered a heart attack that resulted in heart surgery the day I told him Hector refused to do anything to stop the AAC use of our SS property. He and all of my financial backers were forced into a state of bankruptcy because we were not able to work my claims before we lost our huge investments in setting up our business in Tucson, AZ. to sell my material from my claims but insanely the renegade vigilante AAC volunteers groups, demand our undying gratitude for causing us to lose so much. Just as insanely the volunteers with the biggest pack-rat skills and mentalities are sent to Washington DC to receive official recognition and awards for all of their hard work in their AAC volunteer efforts, instead of being arrested and prosecuted.

Local community leaders, officials and business owners are also AAC volunteers, AAC partners and users. I cannot do business locally anymore because I have been so badly and maliciously slandered by the BLM and the volunteers, for so long.

My claims have been slandered and lost their good names and respect in the mining community, and the trades. This has cost me my future ability to sell to the trades. The volunteers hate me because I am not grateful. That is good, because they are right.

End of part 8... morer later...
Louise Hall

[kneezer5555]

This is part 9 of my response to the IBLA's decision.

The BLM repeatedly pointed out to me prior to the IBLA's decision, I could not litigate against the BLM for a wrongful taking of my property because I was a victim of a crime committed by civilian volunteers, not the BLM. I was a victim of a crime, a criminal matter, not a BLM taking of my property, a civil matter, because I remained the legal registered claimholder. The BLM was right, I still had the legal right to work my claim's if the BLM would have terminated the volunteers MOU's, returned my mining status rights and if I had been able to stop the AAC use of my property. I was not able to because I am not a law enforcement officer. Without any area BLM or County law enforcement assistance the task was impossible.

I was only the victim of AAC criminal activity prior to when the IBLA did not reverse the BLM's, CO on March 15, 2007. when the IBLA made their decision my AAC problem also became a civil matter that can now be litigated.

Apparently the volunteers AAC efforts are common old fashioned thievery and claim jumping, with or without the BLM's involvement. In any other areas other than California the BLM and County law enforcement, would arrest and prosecute the volunteers for what they are doing, because the IBLA said the BLM does not have the authority to use a valid unpatented mining claim for recreation without owner consent or a proceedings. The IBLA said there was not any evidence of a proceeding.

The BLM has not been able to produce any evdence of a proceeding in any of the AAC cases. Only a handful of the 100 or more miner's have given their consent.
In response to a FOIA, in 2006, the BLM proved to me the volunteer AAC effort is only a civilian effort, it is not a legal BLM program.

The only BLM involvement in the AAC program is as advisors and funders. The BLM supplies training for a few of the volunteers through CASSP. The trained volunteers recruit and train other volunteers. The AAC volunteers are running and controlling this BLM, FO area.

The volunteers are a loosely knit group of people that have given themselves agency authority. The BLM did not formally give it to them, but the BLM depends on the volunteers for millions of dollars worth of funding annually.

The volunteers wear agency apparel to fraud the miner's and the public into believing they are agency officials doing legal official agency AAC taking of private property work. When the volunteers see any miner's private property they want, they just take it, without the BLM's or the miner's knowledge or consent. Some of the volunteers simply file over the top of a miner's claims like they did at their very popular World Beater AAC privately owned structure and mining claims.

For a long time, I had wrongly believed some of the volunteers had innocently involved themselves in what they believed was a legal BLM program, without knowing they were involved in a well organized crime, before I and other miner's pointed it out to them. Since then the volunteers have let me know publicly on the internet, they know they are committing County, State, and Federal crimes and they simply do not care, rrgardless of how many miner's lives they ruin. Without any area BLM or County law enforcement, we miner's are helpless to stop them. There are several hundred volunteers to every one miner. The volunteers have used their force of numbers to take and keep our property.

As the IBLA noted my efforts to educate the volunteers, and the public about the AAC program with my incessent posts on the internet only made all of the AAC's more popular, but that was not my intent. I wrongly believed if they knew the truth it would deter their illegal use of the areas miner's privately owned property but the IBLA was right it only increased their popularity, because the volunteers and the AAC users only care about what they want and to hell with the miner's ownership and mining claimant rights. I owned these rights ever bit as much as I had owned my home, and I have fought the volunteers and BLM theft of them for years.

Hector encourages their theft of the miner's property rights. Hector enables this public theft of miner's property by waiving the laws for all of the area miner's and refusing to enforce them, because of his mandate to protect all of the area miner's historic homes, listed or unlisted, on the NHPR. If Hector enforced the laws or allowed the miner's to remove their historic structures or did not waive them for the miner's, there would not be any area AAC's and the BLM would lose millions of dollars worth of historic and recreational funding annually, but the theft and destruction of historic property is still not in the public's best interests.

Hector knows the minute the miner's property is turned into an AAC or like the Burro Schmidt Tunnel property (fictitious name) is listed on the NHPR without the legally required owner's involvement in the nomination process, it is impossible for the miner's to comply with federal mining laws, so Hector can and does cancel their private property ownership rights.

Hector's mandate to prevent the miner's from removing their historic homes when their claims are idle and the federal occupancy mining laws ordering the miner's to remove them, are in a direct contradiction to each other, but Hector has law enforcement powers. Hector can manipulate the laws to suit himself, and to help him run all of the miner's out of the area so he can accomplish his and his Sierra Club and other AAC partners mutual agenda to close off all public land to all but his own BLM officer's and his Sierra Club and other AAC partners use.

The area miner's are the only stakeholder's Hector does not consider in his official public land recreation plans, caused by another recent BLM mandate called the Federal Land Recreation Enhancement Act (FLREA) mandate to charge the public fees to visit all BLM improved AAC recreation sites. Public parking lots are built on the AAC sites and public use roads are built to them. Other BLM public use conveniences are erected on the miner's private property with public funds to facilitate Hector's FLREA plans.

I should not have believed the BLM when they told me Hector has the authority to force the miner's into violating the federal mining laws by refusing to approve my plan to remove my structures and his waiving of the occupancy regulations for me. His legal trickery caused me to lose everything I owned, due to the volunteers illegal actions, because the IBLA said the BLM did not have the authority to waive the regulations for me.

After I had sold the SS structures, in 2002 I asked the BLM if the new owner also had the BLM's authority for his structurres to remain on my idle claims, forever. In a letter to me the BLM official Randy Porter, responded any structures on public land on idle mining claims can remain forever as long as they are not personally owned by (me) the mining claimant.

When Randy addressed my concerns about the AAC volunteers unlawful use of our SS property and my request for their names so I could have them arrested, and evicted, Randy said, the BLM did not know them. They were not local BLM, AAC volunteers. He said they were a group from some big city BLM out of the area. Randy described this particular AAC groups efforts as the same as the civilian volunteer efforts of various highway departments.

The BLM denied my property had been turned into a BLM public occupancy recreational use AAC in 2002, when I discovered it. Steve Smith told me I might be the victim of terrorists. Our nation was under high alert after 9-11 at that time, so I was scared he was right, so I notified the FBI, but the FBI said Steve was wrong.

Due to the FBI's response, I did not believe the BLM. Like everybody else I was frauded into believing the BLM, AAC program was a legal BLM program and the volunteers worked for the BLM, but the BLM continued to deny it.
I blamed the BLM and accused the BLM of being corrupt, of conflicts of interests ethics violations, of misuse of public funds, of a conspiracy with their AAC partners and staff, Sierra Club and OHV and other Recreational Group leaders and employees, to financially benefit their very own deep pockets, of misinforming me and the public about the laws, and of making some of the laws up as they went along.

The BLM was not able to prove to me, I was a victim of a crime committed by civilians, not the BLM, until 2006. Ocassionally the volunteers had admitted it to me, but I thought they were just covering up for their AAC partners and friends in the BLM.

Late in 2006, I accidentally found the minutes to the 5 speechs Hector and Steve Smith gave about the AAC program in detail to the DDAC members, in 2005 and 2006.

During their 5, DDAC speeches Hector and Steve both admitted knowing the AAC volunteers actions have been criminal and not legal since 1989, because the BLM has never been involved in any of their AAC projects, but Hector said he approved of the volunteers activity and funded their AAC projects, anyway.

Hector complained that some of the volunteers are out of control. In his DDAC speechs Hector explained to me how the volunteers have caused the total destruction of several miner's privately owned historic homes and claims, caused them to lose their historic integrity with the use of bad unskilled building practices with new materials, the loss of the area mining history by changing the legal claim names, and caused most of them to become diseased with a fatal airborne disease, called Hanta Virus. Hector said, that was alright he was going to continue to invite the unsuspecting public's occupancy of them anyway. Apparently until somebody actually dies.

The Sierra Club on the internet promotes the AAC program as a civilian volunteer effort consisting of mostly Sierra Club members, a civilian effort to protect and preserve all area historic cabins that were abandoned by the miners when their claims played out, years ago.

The AAC program was invented by Steve Smith and other political activists in 1989, because they needed extra shelters for their public tour guide and outings for a fee businesses.

Hector admitted he knows most of the AAC's that have been AAC's for several years are privately owned miner's homes and valid legal mining claims. Hector said, the ownership issues have become a problem for the BLM.
Hector carefully explained to the DDAC members how he was going to cover up these crimes now by taking legal BLM ownership of them in any way he can think of so the volunteers can keep their illegal adoptions. Most of the AAC's he mentioned including my property and the BST property had already been public use AAC's for several years, illegally.

In 2006 years after the volunteers AAC use of them had forced the miner's into abandoning their property, Hector posted them as abandoned property with public notices in a seldom read obscure small town newspaper where he knew the miner's would not see them, instead of notifying the miner's at their addresses of record always available to him in his BLM database. Hector took legal BLM ownership of almost 20 AAC's that had already been used by the public and the volunteers as BLM, owned public use AAC's and recreation sites for years.

Hector told the volunteers at their BLM steering committeee meeting he was taking BLM ownership of the White Swan AAC's for them with the use of the IBLA case he filed against me, so they could keep my property.

Hector admitted the Public Health Departments and the BLM Hazmat teams do not approve of the public's use of the AAC's, but he said, that is alright.
Hector said he knows the AAC, MOU's are not quite legal but he is going to keep all of them in effect anyway.
Hector said the BLM had lost the AAC historic records and he just learned about the section 106 compliances that he had not known about before.

Hector characterized how the miner's property is taken away from the miner's without owner notification or consent, because the volunteers do not bother to verify ownership of any of the private property they turn into a BLM public use AAC. The volunteers just assume 100 or more area miner's since 1989 without any known reason, have simply abandoned their large beautiful historic homes, (and doghouse's) their personal possessions, including their cartons of legal mining paperwork, family photos and keepsakes, their household contents, priceless antiques and artifacts, their heavy equipment and trailers used for mining and just abandoned their mineral rich claims.

The unlawful AAC program has caused the loss of and destruction of millions of dollars worth of miners privately owned historic property, equipment, minerals and mineral production, since 1989.

Hector said he knew the volunteers were out there working for years but had not paid any attention to them. He said he did not even know where their AAC projects were located.

Steve Smith, said the volunteers have been working basically on their own independently of the BLM since 1989, because the BLM just does not have the time or the funds to monitor their AAC activity.
Steve and the volunteers have been using their BLM employee, their BLM advisory positions, their access to the miner's records and their BLM decision making positions concerning the miner's property to benefit their unlawful AAC activity out in the field for years.

End of part 9.. more later...
Louise Hall

[kneezer5555]

This is part 10 of my response to the IBLA's decision.

The IBLA did not rule that I did anything wrong but ruled the BLM was guilty of wrongdoing in my case. The IBLA said the BLM did not have the authority to issue a right-of-way across any portion of public land (RS-2477) which is subject to a valid unpatented mining claim, without a proceeding and without my consent.

The IBLA did not rule on the merits of my case caused by the BLM's unlawful continuing AAC trespass occupancy use of my claims, because that was not withing the IBLA's jurisdiction and not the issue in front of the IBLA.
The IBLA did not rule that I did anything wrong or that I was the one guilty of the unlawful AAC trespass occupancy use of my claims.
The IBLA simply said the occupancy of my claims were not being used for purposes incidental to my mining activity, therefore they are unlawful so the BLM may remove them.

The IBLA said the BLM acknowledged it's error in adopting the cabin. (not to me) The BLM clearly had no authority to give written authorization for others to use the cabin or the surface of Hall's pre-1955 claims without her consent, or to enter into an MOU with respect to it with third parties.

The IBLA said, the BLM contends that this board has no jurisdiction to address Hall's taking arguement and that if Hall believes she is entitled to compensation for the BLM's "adoption" of her stone house because of a taking, trespass, or some other legal basis, she may seek relief before a tribunal that has authority to consider such matters.

Hector refused to recognize my sale of the SS structures so I asked the IBLA to require the BLM to do a quiet title search before making their decision, but this did not happen.

Prior to the IBLA's decision I only had an AAC volunteer criminal matter to deal with. After the IBLA's decision I now also have a BLM, civil matter to deal with.

This area BLM encourages the volunteers civil disobedience and violations of the laws, so there is not any reason to litigate and petition the courts for the return of the ownership of our SS property because what the volunteers are doing now illegally, they will continue doing because the BLM and the Inyo County law enforcement, and District Attorney Maillet refuse to enforce the laws and keep their oath of office and let them get away with it.

The volunteers and the BLM have already told me their AAC unlawful use of my claims are going to continue as they have uninterrupted since 1999, even after the IBLA described the AAC's as an illegal occupancy on federal land.

In my Petition for Reconsideration to the IBLA, I asked the IBLA to order the BLM to remove their AAC's immediately, because they leave me in the same legal predicument as I was prior to the IBLA's decision with the same AAC public liability problems and leave my claims still in noncompliance with federal laws.
The IBLA denied my Petition for Reconsideration because the IBLA said "it has long been decided the IBLA does not have the power to force the BLM to comply with the laws, but the BLM should consider the IBLA's decision to be the rule of the law in this case."

My dear friend and our PLP President, Jerry Hobbs has told me several times, if we allow somebody to rob our bank without doing something about it they will keep right on robbing our banks. I agree, we now have to proceed on to court, to stop the BLM from continuing to rob our banks, by violating the laws. The IBLA's decision was a win for me and all miner's because it make it possible to go to court against the BLM, it is no longer just a criminal matter.

We have to proceed on through the legal system because the IBLA set some dangerous precidents in my case that can harm other miners for decades. Mainly the IBLA decision set a precident that means the BLM can charge the wrong person, a renter for the trespass occupancy of structures they do not own instead of affording the owner of the structurctures his right to due process and continue to use civilians to take our property and force us into noncompliance with the federal mining laws so the BLM can obtain the legal ownership of our homes and "CANCEL" our claims.

The good news is the BLM will not be able to charge the area miner's for the removal of their unlawful AAC's due to the IBLA's decision in my case. The BLM has lost their coercive blackmail power against the miner's to force the miner's into donating their property voluntarily to the BLM or the BLM will retaliate by charging the miner an exorbinate fee for the removal of their structures after having adopted them for public use, like they did in my case. That is a big win for me and all miner's.

Some Attorney's told me prior to the IBLA's decision, my case was not ripe enough for a case against the BLM because the harm to us was partially reversible harm and not a complete harm because I remained the legal registered claimholder. The BLM could have remedied the AAC problem but chose not to. I could not remedy the problem because I am not a law enforcement official and the BLM and the area law enforcement officials refused to do their law enforcement duty.

We had an ongoing criminal matter that appeared to be caused by civilian,volunteers not the BLM. The IBLA did not reverse the BLM's Cessation Order that gave the BLM legal ownership of the SS structures and cancelled all of my mining and patent rights. Now, we still have a criminal matter to deal with but we also have a civil matter, thanks to the IBLA's decision.

When the volunteers turned my property into the BLM, AAC property I still owned the clear deed to the SS structures, when the IBLA made their decision, somebody else owned the SS structures, the IBLA gave to the BLM. I was only the renter with a buy back option. Our case should prove to be a very interesting case. The IBLA's decision made our harm complete irreversible harm because not even the BLM can reverse an IBLA's decision.

The only thing we can do now is to seek justice and financial compensation for our loses by,
1. litigate for our losses against the BLM for a wrongful inverse taking of our SS property in the courts.

2. continue to help the Office of the Inspector General, Special Agent in his criminal investigation of the Adopt a Cabin Program, all of the volunteers and all of the BLM officials involved with it.

3. pursue a Grand Jury investigation against Inyo County District Attorney Maillet, the County Supervisor's and their Legal Council and other Inyo County officials.

4. now thanks to the IBLA's decision we can file lawsuits against each of the volunteers in small claims court, and pursue criminal charges against each one of them individually.

5. continue to charge the BLM a rental fee for their AAC use of my claims, until they remove their BLM, WS, AAC's. As the IBLA said I had been willing to forgive this debt but I am no longer willing to.

6. the legal owner of the Silver Swan structures can prepare a rental bill to present to the BLM for their rental fee plus damages for their use of his structures until the BLM became the legal owner of them and file his own wrongful takings case against the BLM.

7. Report the BLM and the volunteers to the inyo and Kern County tax collector and the IRS for an investigation for not reporting their financial profits and property ownership of their AAC's.

8. report CASSP, the OHV, the BLM, the State Parks and Recreation, Historic and Receational groups and other financial supporters of the AAC program to the California and U.S. Attorney General's for misuse of public and private funds to support unlawful actions and the AAC program, the BLM says does not exist.
9. report local newspapers, CASSP, Death Valley. com, other privately owned Death Valley AAC-volunteer related internet websites.the Sierra Club, the OHV and recreation communities and several individual volunteers for their AAC internet public fraud, personal and property identity theft and public fraud against all of the area miners they have had their privately owned homes and claims, fraudulently promoted world wide for transient occupancy on their internet websites and with the use of U.S. Mail fraud, as BLM owned AAC public use property.

10. continue to work with the State and Federal Historic Preservation Officer's to help them put a stop to this AAC program destruction of all of the area miners historic homes and cabins.

11. pursue complaints concerning the public's occupancy of the unsafe AAC mining area with the State Mining Safety officials and the publics occupancy of the unsafe "Hanta Virus" diseased AAC's. with complaints to the State and Federal CDDC Public Health Departments.

12. force the BLM and the volunteers into eventually complying with the laws through litigation and any other way we can think of.

I still claim a victory in the IBLA's decision in my case because I won the only part of the BLM's decsion I could legally appeal because I did not own the SS structures anymore. I was not even certain I could legally appeal that portion of it, because I no longer owned the SS structures but I did. I am hoping this is only the first victory. I will fight hard to win the rest of them.

This is the end part 10 of my response to the IBLA's decision in my case with the use of all of my allegations against the BLM, the volunteers and all involved with the non-existant fraudulent BLM, AAC program. Nothing about the AAC program can possibly be legal because the BLM said it does not exist.

Louise Hall
PO Box 87215
Tucson, AZ
85754
email swanladylouise@yahoo.com
Phone 520-883-8852 (unblock first)
Fax 520-908-0426 (phone first)

[kneezer5555]

You are both right.
For that matter how many miners do you know that have had their homes, land, possessions, mining equipment and Constitutionally protected property rights blatantly and publicly stolen by a dirty looking filthy group of civilian, desert-rats, for the BLM and then they use the world wide internet to call the victims of their robberies names like, slightly dangerous, troublemaking, senile old kooks, while they boast about how much they have stolen from the unsuspecting elderly trusting country folk of Inyo and Kern Counties, in California.

If I do not prevail you will all know a lot of us soon because the BLM plans to bring the use of the volunteers AAC program and civilians, to take private property for them, to your neighborhood soon. Please tell all other small scale miners, you know.

They are big city gang leaders from out of the area, that think they are now some type of big time Mafia when in reality they are nothing more than common thieves that have sunken lower than low because they can't do any better on their own, without stealing what they want by the sheer force of numbers, like vigilante groups out of an old west BAD movie.

What a shame some people have sunken so low all in the name of laziness, socialism and liberalism.

They are all getting away with it because the BLM and all of the volunteer partners enjoy the same "sovereign immunity" from prosecution or litigation.
The good News? My attorney in the past few days has introduced me to a wonderful law called the Tucker Act. I love, love, love, this Act. Using this act, individuals can file cases against the BLM and the volunteers and they can not hide behind their soveregn immunity. The Tucker act is based on the "takings" claus of our Constitution but it is not quite the same type of charges. I love this Act.

More Good News. I paid my property land taxes and filed my claim fees again for this year.
How many miner's do you know that have filed a claim to a BLM designated public occupancy recreation AAC site without mineral rights?

Does this mean I can start an AAC non-profit corporation like the claim-owners of Bickel Camp and receive a cut of the millions of dollars worth of historic and recreational funding anually, too?
Maybe we can establish a much needed funding source for PLP, this way. Who knows? Anything is possible.

Thanks for reading all ten of my responses to the IBLA decision. I know it was a hard read, but at least I know there are at least two of you out there that know the truth. After what the BLM and volunteers have put me through for years, you have no idea how much I appreciate your continuing interest and support.

I wish they had let me remain a small scale miner, but by now I bet they do too!

Lin Gum told me once, "we already have too many area lady miner's, we don't need any more." I said, "you are wrong Linn, more lady miners are exactly what you need." That remark was for you, Tonie.

Thanks again,
Senile TROUBLEMAKING, (thank you, thank you) old lady Koot,
Mean Ol' Swanlady Louise
Louise Hall

[kneezer5555]

BLM-Adopt a Cabin update.

The BLM, AAC volunteers are planning a big celebration on my Silver Swan claims this week, to pat each other on the backs for their good work.

I am not allowed to be there because I made the mistake of telling the BLM I wanted to be there to retrieve some of the gemstones, jewelry, gold and silver buried under my home when I still owned it. Everybody else can use my claims as an AAC site and the BLM will not relieve me of this public liability, but ironically the BLM said (in a letter to me) I can not be on my claims this week to retrieve my treasures due to the BLM's liability concerns.

The IBLA ordered the BLM to remove their BLM, White Swan, AAC's off of my Silver Swan claim because they were not being used by me the mining claimant, for purposes incidental to my substantial regular mining activity, therefore they are unlawful. None of the 100 or so historic AAC's are being used by the claimant for mining purposes, therefore they are all unlawful and will have to be removed.

BLM-NOTICE...... Silver Swan claim-CAMC 49332

"RE: Notification of the Removal of the Structures at the Silver Swan Unpatented Lode Claim, November 8 and 9, 2007."

The BLM has posted a formal Notice of the BLM's intention to remove, burn and bury their 1932 historic unauthorized White Swan, AAC's and reclaim the disturbed ground at the Silver Swan unpatented lode mining claim located in the SE/4NW/4, Section 23, Township 18 South, Range 39 East Inyo County, CA. The BLM will also fence any open mine shafts on-site to provide for safer conditions on these public lands for the public masses the BLM has invited to this site as a BLM year round public recreation camping site.

The claims are located on highway 190 at mile marker 33 or 34 turn off, north of and visible from the highway outside of Lone Pine and real close to the Death Valley National Park Boundary, if any of you want to watch your tax dollars at work.

The BLM last week informed me the BLM can not stop the public or the AAC volunteers they trained AAC trespass use of my Silver Swan claims or their promotion of them for public occupancy as the BLM owned White Swan public recreation site, with the use of internet fraud.

When I complained to the BLM that the volunteers would not quit my property and I could not evict them because they have legal BLM, contracts that gives them all of my former obligations and mining claimant rights the BLM has said, "Well, gee whiz, that is too bad. "

The BLM suggested I have the BLM, AAC volunteers arrested and file lawsuits against them to stop them because the BLM does not have any control over what their volunteers as civilians do in their off hours or during their lunch breaks, so the BLM does not have the power to stop them.

I guess the BLM has forgotten their oath of office to enforce the laws and the Constitution and me and my property from all enemies foreign and DOMESTIC. I already know Inyo County District Attorney Maillet and Sgt. Reed has.

I will post some good news about my BLM, AAC problem, for everybody in a few days.

Kudoos, to the volunteers. You have finally gotten what you wanted, the removal of one more historic set of structures on public land, because you forced them to be non-compliant with federal mining occupancy laws, by turning them into a public occupancy BLM, AAC, illegally.

Don't you just love it when another of your well organized AAC plans comes together? Once again I admire your devotion to your civic minded hard work.
Louise

[kneezer5555]

Russ,
Thanks,
My friends that live near my claims and my daughter plan to go out there on the days of the demolition. A lady I know, another miner is going to go out there today with a U.S. Marshall and see if she can get to the items for me, first, so my other friends and daughter don't have to be there for two days.

My friends locally have told me and sent photos to me indicating the volunteers and AAC using public have been working my claims because their AAC, MOU from the BLM gave them the right to do so. If they did not work too near the main house, my treasures should still be there.

Hector disavowed all knowledge of the volunteers, AAC, MOU so he said he could not terminate it for me, so it is still in effect. When our plp member Windbreaker obtained a copy for me in 2005, Hector said he did not have to terminate it for me because it was a bogus document. The IBLA did not agree, when they made their decision in my case.

It doesn't matter I guess, because the BLM said they do not have the authority to tell the volunteers they train, what they can or cannot do, because they are civilians. That is the reason the volunteers have been a bigger problem for me than the BLM. At least the BLM has to comply with the laws occassionally (rarely) but the volunteers don't have to.

The BLM is hiding behind the wrongdoing of the volunteers and the volunteers have been working under the "color of agency authority," authority the IBLA said even the BLM does not have.

The AAC program is a well organized racket, pure and simple.

I have met some of the volunteers that have been duped by this AAC program as much as I have and I like them very much. Unfortunately some of the volunteers are usually mean, dangerous, drugged up, bullying drunks, gun carrying, threatening, knife weilding, dirty, filthy talking, mottley looking individuals and groups that arrive at their AAC's in caravans of 15 or more vehicles at a time, or by busloads.

Eventually the BLM can be controlled by law but the volunteers do not know there are any laws protecting the mioner's and their property and of course the BLM will not tell the volunteers. In fact the BLM tell's everybody the miner's do not have any private homeownership or mining claimant rights. We are all just squatters. Our homes are described as "squatters shacks" while we own them but after the volunteers illegally adopt them they are called the "National Treasures and Historical Landmarks."

In 2004, when Hector filed the IBLA case against me he knew he was charging me for his own and his volunteers crimes. By pretending he did not know my property was being occupied by his own BLM officers, his AAC volunteers and the AAC using public, he was able to charge me for their crimes to obtain legal BLM ownership of the beautiful historic Silver Swan structures he had coveted for years. This plan worked. The IBLA did not reverse Hector's 2004 Cessation Order that gave the BLM the legal ownership of the SS structures and ordered all mineral operations at this cabin are CEASED.

Crime pays, but a well organized crime in a conspiracy with other rich powerful influential groups the BLM depends on for millions of dollars in funding annually pays much better. For million of dollars I would be tempted to be derelict and complicit, too, and look the other way when I saw crimes being committed, who wouldn't?

The BLM officers, volunteers and AAC using public, were using my property for the federal crime of recreational occupancy in violation of the 3715/3809 regulations not me, in 2004 and Hector knew it. By charging me for his and their crimes, he effectively covered up theirs. Clever, huh?
Louise

[kneezer5555]

Shifting Sands, What next?

Thanks for asking because I have been dying to tell everybody. I did not want to say anything until the BLM had the time to receive the GOOD, GOOD, NEWS!!!!!

On November 2, 2007, my Attorney filed a complaint against the BLM on my behalf, under the Tucker Act.

It says,

This case asserts the taking of private property by the United States of America, California, Bureau of Land Management, Ridgecrest Field Office ("BLM") through it's "Adopt-A-Cabin" program. The name of the program has subsequently been changed to the "Historic Cabin Site Stewardship program."

21 pages later are the,

REQUESTS FOR RELIEF.

WHEREFORE, the Plaintiffs request that the court:

A. Enter a declaratory judgement against the United States finding that the defendants took the Plaintiffs private property in violation of the Fifth Amendment of the U.S. Constitution;

B. Award the Plaintiffs damages which include the reasonable value of the mining equipment, the structures, and mining claim, including the minerals, taken in the amount of $1,187,310.00 to be specifically proven at trial;

C. Award the Plaintiffs the fees and costs of litigation; and

D. Grant such other and further relief as the Court deems just and proper.

RESPECTFULLY SUBMITTED this 2nd day of November, 2007.

No, I couldn't retrieve my little treasure cache. The BLM Ranger, would not let my daughter and friends and neighbors drive up the road to my property to retrieve them and they were not able to get a U.S. Marshall's help in time.

I don't have any knowledge of what else was bulldozed or burned, but the BLM, AAC volunteers on the Death Valley.com, Forum are talking about posting photos soon.

I sent a copy of this Complaint to Jerry, so he has known about it for a few days. Jerry is pleased, and so am I. I hope the rest of you, including you Russ, Windbreaker, and Shifting Sands, are equally as pleased.

Thanks, everybody again for your ongoing support. None of you will ever know how very much it has meant to me. Shifting Sands will you please post this post on the Death Valley. com forum, for me. I love to see grown bullying men, I mean the BLM, AAC, volunteers, deny and cry.
Louise

[Seamus]

Louise wrote - Mailman, you might want to read and post (please) the link to the 1-8-2005 Desert DAC meeting minutes, too.


I didnt find this link posted so Here it is. Better late then never?

http://www.blm.gov/ca/news/rac/dac/m...08_dacmtng.pdf

[Seamus]

I posted this for Louise Hall at her request.

On November 2, 2007, I filed a Million Dollar lawsuit against the Ridgecrest, CA. BLM, Field Office.
I did not file a case against the BLM for their AAC taking of the Silver Swan structures. I filed a case against the BLM for the unconstitutional wrongful taking of my private property, my Silver Swan mining claims, with the use of the civilian volunteer effort known as the Adopt a Cabin program, because the IBLA in their March 15, 2007 decision in my case, held the BLM responsible for the AAC volunteers wrongdoing.

In several letters to me the BLM said the BLM did not have an AAC program, it was a civilian effort, exactly the same as the Adopt a Highway volunteer effort of various highway departments. The BLM said the BLM itself did not turn my Silver Swan private property into the BLM, WS, AAC public occupancy property, so it is clear the civilian AAC volunteers committed this federal crime without mine or the BLM's knowledge, permission, directions, or authority.

In 2004 the BLM filed an IBLA case against me charging me for the criminal unauthorized Adopt a cabin recreational occupancy trespass use of my idle claims even though, the BLM knew their own volunteers were at fault. The IBLA decided in my favor.
I did not recently file a BLM, Constitutional taking of "Public" property, for AAC eminent domain public use. I filed a million dollar case against the BLM for the unconstitutional taking of my "private property," my Silver Swan mining claims, with the use of the AAC volunteers.
The BLM said this AAC taking of my SS property happened due to a property identification mistake. The Interior Board of Land Appeals proved the BLM did it deliberately.
The IBLA said when the BLM realized they had made a property identification error after the BLM's own Adjudication Officer vacated the BLM's decision against my Silver Swan claims making them null and void, the BLM decided to let the Sierra Club AAC group keep my property anyway, by entering into a BLM, MOU, Adopt a Cabin legal agreement with the Sierra Club. This MOU was a legal binding agreement that gave the Sierra Club AAC volunteers all of my former homeownership and mining claimant OBLIGATIONS and rights and the BLM's authority for their AAC's to remain on public land forever, under the Sierra Club members care and protection.
The BLM disavowed all knowledge of the MOU and has still not terminated it, to prevent my own visits or use of my private property, my Silver Swan mining claims.

The IBLA said the BLM issued a Cessation Order ("CO") on April 21 that was deemed to be in effect on May 25, 2004. The CO gave the BLM (the Public) the legal ownership of the Historic Silver Swan structures on my claims. The BLM wrongly calls the historic Silver Swan structures the White Swan structures. The CO ordered all mineral operations at this cabin are ceased. The CO mandated that Hall cease maintaining her claims on public land.

The IBLA ordered the BLM to remove their publicly owned AACs because they were not being used by me for purposes incidental to my substantial regular mining activity therefore their presence on my claims were an unauthorized occupancy trespass on my valid mining claim. Unless structures on idle valid mining claims are being used by the miner for purposes incidental to mining they are an unauthorized occupancy. None of the AACs are being used by the claimant for mining purposes, so they are unlawful.

During the week of November 5, 2007, the BLM removed the publicly owned historic White Swan, BLM, Adopt-A-Cabin, with the help of an archaeologist from the CA. State Historic Preservation Office.

The BLM has told everybody my mining claims were public property, not my private property. I have tried to tell the AAC volunteers and AAC using public masses, my mining claims are to be considered as my private property, not their public property.

My Attorney is one of the most famous, competent public land attorney's in the world. The following are some of the excerpts from the case my attorney filed against the BLM, so you can decide if the BLM is telling the public the truth, or I am, through my attorney.


EXCERPTS: "This case asserts the taking of private property by the United States of America, California Bureau of Land Management, Ridgecrest Field Office ("BLM") through the "Adopt a Cabin" program. The name of the program has subsequently been changed to the Historic Cabin Site Stewardship Program."
"By virtue of including the unpatented mining claims in the Adopt a Cabin program, the BLM effectively denied plaintiff Mary Louise Hall access to her Silver Swan mining claim for mining purposes, and allowed the public to trespass on the claim."
"The BLM has failed to follow regulations with regard to allowing public access to unpatented mining claims resulting in a taking of the claims and the property related to the claims."
"BLM took Plaintiff's private property without due process and just compensation in violation of the Fifth Amendment of the United States Constitution."
"Mary Louise Hall is the owner of the Silver Swan unpatented mining claim CAMC 49332, located in Inyo County, CA. This area is known as the Talc City Hills. Hall's claims were for silver, gemstones, clay, marble, talc and "rare earth minerals."
"The mining law of 1872 provides that the locators of mining locations situated on public domain, their heirs and assigns...so long as they comply with the laws of the United States shall have the "Exclusive" right of possession and enjoyment of all of the surface within the lines of their location. See 30 U.S.C. @26"
"The United States of America has held that a mining claim on public lands is a possessory interest in land that is mineral in character. Best v. Humbolt Placer Mining Co. 371 U.S. 334, 335-336 (1963), citing Cameron v. United States 252 U.S. 450, 456 (1920) Owners of unpatented mining claims hold fully recognized possessory interests in their claims."
"Owners of claims located prior to 1955 "gained the exclusive right of possession and enjoyment of the surface of the claim." Nevada Pacific Mining Co.,164 IBLA 383, 384 (2005); see also Talache Mines v. U.S., F,2d 491, 500 (9th Cir. 1955); U.S. v. Langley, 587 F. Supp. 1258, 1258 (D.C. Cal.1984)"
"""""Claimant whose claims were located prior to 1955 have the right to exclude the public from the claims.""""""
"As Hall's unpatented mining claim was located prior to 1955, she is entitled to exclude the public from her property."
"The BLM has admitted that it has not given the proper due process to mining claimants or owners of structures on such mining claims prior to "taking" the structures for public use. Upon information and belief, there have been over 32 structures in California incorporated into the Adopt a Cabin program. However only two of the structures were quitclaim deeded to the BLM and that for the remainder "we (BLM) never really did anything to declare that the property was abandoned and/or no longer needed for the mining claim."

CLAIMS FOR RELIEF; "The Fifth Amendment of the United States Constitution provides in part; nor shall private property be taken for public use, without just compensation. Even if the actions of the government were not authorized or were not proper, the plaintiff is entitled to just compensation."
"Although Hall owns an unpatented mining claim in which the government holds the title in fee simple estate, unpatented mining claims are property protected by the Fifth Amendment against uncompensated takings."
"Hall's mining claims have been determined by the Department of Interior to be a valid mining claim and valuable minerals have been discovered within the claim."
"The BLM's action of allowing the public to enter into and use the unpatented mining claims is a "taking of private property" without due process and just compensation in violation of the Fifth Amendment of the U.S. Constitution."
The requested award for damages is in the amount of $1,187,310.



If the historic Silver Swan structures had not been incorporated into the AAC program there were not any legal reason they could not have remained on my claims forever and the IBLA would not have ordered the BLM's removal of their unauthorized AAC structures.
Now these historic structures and local beloved historic landmarks and their related depression-era mining history is gone forever.

I would like to add, the prior owner of the Silver Swan structures located on my underlying SS claim, is also a party in this combined case against the BLM for their use of civilians to take private property illegally, for BLM Adopt a Cabin public use, so the BLM can ignore the home owner and mining claimants birthrights under the 1872 mining laws and our U.S. Constitution.

When hundreds of individuals and groups from the recreational and environmental community, decided to steal my property rights for the BLM, long enough for the BLM to cancel my claims, I felt outnumbered by two thousand to one, so I went looking for and found Public Lands for the People, our PLP. PLP has supported my efforts to fight this AAC violation of the federal criminal occupancy trespass laws by the BLM and thousands of their civilian partners for five years now.

It appears the BLM's partners in this AAC civilian effort are also the Inyo and Kern County Supervisors, law enforcement and department heads. If Inyo County District Attorney Maillet, my County Supervisor, and any one of the Inyo County Department heads had kept their oath of office, I would not have lost everything I owned, due to criminal activity.

With the help of Jerry Hobbs, the PLP members and my better half, I have been able to prevail so far. Our smaller PLP group is starting to make the thousands of "THEM" squirm and feel outnumbered, themselves, this is as it should be.

The AAC program is not in the public's best interests. This AAC program and the lawsuits against the BLM, for it's illegal use of it, has the potential of costing the taxpayers over a billion dollars and the AAC lawbreakers nothing, except a raise in pay and a job promotion.

That is the reason I am still pursuing a Rico, and public fraud case against the BLM, it's partners and everybody involved in the AAC program, even a few law breaking miners, through the proper agencies.

Louise Hall PO Box 87215 Tucson, AZ 85754 Phone; 520-883-8852 Fax; 520-908-0426 Email; swanladylouise@yahoo.com

[kneezer5555]

I would like to add, the prior owner of the Silver Swan structures located on my underlying SS claim, is also a party in this combined case against the BLM for their use of civilians to take private property illegally, for BLM Adopt a Cabin public use, so the BLM can ignore the home owner and mining claimants birthrights under the 1872 mining laws and our U.S. Constitution.

When hundreds of individuals and groups from the recreational and environmental community, decided to steal my property rights for the BLM, long enough for the BLM to cancel my claims, I felt outnumbered by two thousand to one, so I went looking for and found Public Lands for the People, our PLP. PLP has supported my efforts to fight this AAC violation of the federal criminal occupancy trespass laws by the BLM and thousand of their civilian partners for five years now.

The BLM's partners in this AAC civilian effort are also the Inyo and Kern County Supervisors, law enforcement and department heads. If Inyo County District Attorney Maillet, my County Supervisor, and any one of the Inyo County Department heads had kept their oath of office, I would not have lost everything I owned, due to criminal activity.

With the help of Jerry Hobbs, the PLP members and my better half, I have been able to prevail so far. Our smaller PLP group is starting to make the thousands of "THEM" squirm and feel outnumbered, themselves, this is as it should be.

The AAC program is not in the public's best interests. This AAC program and the lawsuits against the BLM, for it's illegal use of it, has the potential of costing the taxpayers over a billion dollars and the AAC lawbreakers nothing, except a raise in pay and a job promotion.

That is the reason I am still pursuing a Rico, and public fraud case against the BLM, it's partners and everybody involved in the AAC program, even a few law breaking miners, through the proper agencies.
Louise Hall

[kneezer5555]

Russ,
You are wrong, the war is just starting. It is not just about my property anymore, it is about the private property and mining rights of all of the 100 or so area miners property that have had their property turned into an AAC by civilians for the BLM, in Inyo and Kern County, CA. since 1989. Russ, I saw your response to the article in the recent PLP Sentry Newsletter you just posted on PLP. Thanks, so very much.

My daughter said, "Now that you have an Attorney to help you, you can get back to your paintings, lapidary work and jewelry making, Mom."
I told her my artwork is a gift and fighting the BLM is a duty in this case, and a labor of love. I think she thinks I am pretty corny, but oh well. it is what I believe, corny or not. Besides I seem to be working harder now that I have an attorney, helping her help me. My attorney is looking at another AAC case. I am helping her obtain the evidence in that case, too.

Scott, You did such a good job on the new Sentry, I can hardly believe it. Thanks from all of us. That must have been a lot of really hard work. Thanks for posting my AAC-BLM war story, for me. I hope my story helps other miner's in the same type of legal predicument.

Shifting Sands, Yes, the BLM, to comply with the IBLA's orders removed their BLM, WS, AAC's during the week of November 5, 2007. Actually they just buried them on my claims along with tons of hazardous materials, old BLM junk construction trailers and tires, asbestos, sheet metal and other junk and then covered it all up with several feet of material from somebody elses claims.They did it to prevent Don Fife's ability to do a good mineral validity exam, for me, the BLM knew was scheduled the following week. The BLM covered up my entire rich silver deposit, clay and rare earth minerals, with several feet of worthless material from somebody elses claims. Aren't they cute when they get mad? However I already know my talc has proved a good valuable mineral deposit anyway. We are waiting for the results from the minerals lab now on the rest of my material.

The public has been occupying the SS structures and claims since 2001 as the BLM, WS public occupancy AAC's and BLM, historic WS area, BLM designated public campground and recreation site. All of the AAC's are being used for public rock and gem collecting. The public is still camping there even with the structures gone because popular area internet sites and tour guide books and other forms of public fraud are still promoting them as the BLM, owned WS, public use, emminent domain property. The same with my friends BLM Burro Schmidt Tunnel AAC's. Legally the BST-AAC's are the Copper Basin claims and are private property. These popular tour guide books about the BLM, AAC's available for public opccupancy, are readily available at the area BLM visitor centers and even here in Tucson. The Sierra Clubber's love them.

A friend that attends all of the BLM meetings told me at the next BLM Ridgecrest, Steering committe meeting, after burying their junk on my claims the BLM, Linn Gum, said they discovered several boxes of crystalized dynamite and large sheets of asbestos in their AAC's, during their demolishment of them. In an email to another friend the BLM said they had an officer from the State Historic Preservation Office there when they demolished and buried their BLM owned, WS, AAC's.

The BLM had to, because the IBLA Judge said they were an unlawful unauthorized by Congress trespass occupancy. Almost all of the privately owned and BLM owned AAC's are unlawful because they are not being used by the mining claimant for purposes incidental to mining, so the BLM will have to remove all of them at the taxpayers expense or purchase the property from the legal owners, the miners.

Linn said the BLM had to call in the DOD to blow up their dynamite, from the red, orange, blue, and purple, plumes of smoke, (seen 30 miles away) Linn said the dynamite must have had heavy metals in it. I am surprised the BLM would admit they had invited the public's occupancy with dynamite, asbestos, and heavy metals, for years, (since 2001,) or why the BLM would have placed it there. None of it was there when I was there. Now the public is camping on claims laced with exploded heavy metals, hazardous materials and asbestos.

I had an underground contractor with me when we met Don Fife at the claims. My Contractor said the BLM did such a bad dirt job when they covered my claims with several feet of dirt to cover up their mess, that during the next good rainstorm the Silver Swan (aka BLM, WS, AAC's) may slowly reappear again, as the rain washes the dirt off of the huge piles of dirt the BLM covered them with. A few days after I returned home, I submitted a new Plan of Operations and financial guarantee reclamation bond. In it I ordered the BLM to remove their junk and the dirt from other peoples claims, they covered up my claims with, for the public's safety.

The BLM returned my Bond and did not approve the POO. It has been over two months now. I am so, so, very surprised that the BLM does not want to comply with the law or protect the public's health and safety. Actually no, I am not.

The IBLA said in response to my Petition for Reconsideration, that it has long been decided the IBLA does not have the authority to force the BLM to comply with the laws, but the BLM should consider the IBLA Judge's decision to be the law in this case and proceed accordingly.

Recently the BLM filed a Motion to Dismiss my case on the grounds I cannot sue the government for the unlawful, actions of its BLM management staff and employee's. "IT IS ALRIGHT WITH ME IF THE BLM STATE AND FIELD OFFICE MANAGEMENT AND STAFF WANTS TO GO TO PRISON BECAUSE THEIR ACTIONS WERE UNLAWFUL, INSTEAD." My attorney is preparing a response now to their MTD. I will keep you all updated as these things work their way (slowly) through our legal system. I hope all of you hang in there with me, you too, Windbreaker Bill and Jerry Hobbs.
Thanks, everybody,
Louise Hall
PO Box 87215
Tucson, AZ
85754
Phone 520-883-8852
Fax 520-908-0426
Email swanladylouise@yahoo.com

[kneezer5555]

Hi everybody,
More good news!
Another miner's Attorney is preparing an Adopt a Cabin case against the BLM for a BLM, AAC taking of their private property for public use.
The BLM should receive a copy of his case in about a month. I am not at liberty to tell you which AAC it is until then, but as soon as I can I will post it here on PLP.
My AAC case is still waiting for the Judges decision.
Louise Hall
swanladylouise@yahoo.com

[kneezer5555]

Jerry,
I know what you mean, I talked to the Ruth Mine AAC owner in Homewood Canyon outside of Trona, earlier this week. If I understood him correctly, the BLM turned his property into an AAC with his consent and then afterwards told him he had to donate his property to the BLM voluntarily or the BLM would charge him several hundred thousand dollars to clean up his site, so he signed his property over to the BLM. So sad.

The BLM told me after a miners property has had federal AAC funds spent on them the BLM could not remove the AAC property. The BLM used the old tired unproven, mercury, cyanide, in the tailings story on him, to force him into voluntarily donating his property to the BLM. (as an expensive bribe to influence their decisions.) I told him he probably has a takings case against the BLM worth several million dollars but apparently like the rest of us we are scared to death after the BLM threatens to put us in federal prison if we do not bribe them, by voluntarily donating the quitclaim deed to our property to them. The BLM says that is not a solicitation to bribe them but I don't know what else you can call it.

Our mutual friend in the BLM, CDCA office told me the miners are not responsible for old tailings unless they created or worked the tailings themselves. A local newspaper article about the clean-up of the contaminated tailings in the Randsburg, CA area said the government owns the tailings on our claims. Do you think any of that is true? I know you are busy working on cases for plp, so I don't expect you to have the time to answer me immediately, but please do so when you have the time.
Thanks,
Louise

[maksutaSTAR]

Louise

The BlM nor the Gov. own the minerals or the land. The Federal Government holds that land and mineral in trust for the Citizens and those who intend to become Citizens of our country.

Jerry

[Shifting Sands]

Found this and asked permission to post, OK to post.

http://www.flickr.com/photos/nobodz_home/

Shifting Sands

[Shifting Sands]

I only know of one person who has stood up and taken the BLM treat of jail time and that is you.

About 10 plus years ago a guy named Dick Piano, yeah it's his real name, was hauled off to jail early one morning. They nabbed him on his way to work. He was in jail a day or two.

He did not remove a trailer from his claim land after the BLM asked him to. The BLM was hassling him for years about his property. The land was in his family for three generations. He gave it up due to all the BLM hassling. It was near the Burro Schmidt Tunnel.

Shifting Sands

[au courant]

Hope... This does actually post!!! How about an UPDATE on Swanlady's lawsuit??? Realize that these things take YEARS... WOULD like to hear that Swanlady is doing fine and still FIGHTING the GOOD(!!!) fight :-)