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Opinions January 17, 2008 |
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Letters
Mineral Lands: Important National Interest And Security
To The Record-Courier:
In reading the letter to the editor in The Record-Courier, about citizen’s rights deprived, by Guy Michael.
He states in the article: “Legally, when the grant was made, the federal government’s interest in the land underlying the right-of-way became ‘subservient estate.” It’s not clear in this statement if he is quoting the Forest Service views or his own as to what is called a “Split Estate” statute.
Most people I’ve talked to in the past don’t even know what a “Split Estate” is. A “Split Estate” is when minerals are on the surface, called ‘surface minerals’, is severed from the ‘sub-surface minerals’ within a given area. Vis-a-vis, ‘sub-surface’ rights versus ‘surface rights’.
In Terry S. Maley’s “handbook” of law of mining and mineral, copyright 1990, on page 117, of the chapter on “mineral interest” I quote: “Relative rights of surface owner and mineral owner; the mineral owner has the dominant estate and the surface owner has the servient estate. Even though the surface estate is ‘inferior’ to the mineral estate, the extent of the mineral owner’s surface rights is determined on a case-by-case basis and depends on the language in the reservations of conveyance, the intentions of the parties and mining customs and technology at the date and place of severance.” The right of the “owner” of the ‘mineral’ estate to enter, traverse, occupy, and utilize the surface, even where such right is merely implied, has been held to be in the nature of an easement RS 2477 where the “mineral” estate is “dominant” and the surface estate is “Servient. Such implied rights of entry and development are based on the logical assumptions that the “mineral” estate was reserved for the purpose of retaining the rights to develop the mineral in the grantor.”
Of course, the owner of the mineral estate owes certain duties to the surface owner as well, such as the duty not to commit waste and refrain from unreasonable interference with the surface owner’s right of enjoyment of “his property” (and vice-a-versa?).
In federal language, the meaning of the wording “minerals” is complex, but render the 1872 mining “grants” by U.S. Congress, the key to “over sight” and the BLM’s authority to adjudicate (not Forest Service) as assigned by the Congress, the “locatable” mineral that has subsurface “minerals” designated as “hard” base minerals such as nickel, copper, zinc, quick silver, lead, gold, silver, etc. In so called system lands these base metals are reserved from the location laws as reserved minerals that have leasable only statutes that require contracted agreements. (The F.S. takes out of context?) “Managerial lands?”
Under the Multi-use Act, known as the Public law 167-Surface Resource Act of 1955. In this Act it states, (Fed agents) its “permittees” or “licensees”, shall be such as not to materially interfere with mineral related operations, i.e., on Public domain lands open to location laws.
This doesn’t imply to reserved lands of forest system lands open to contracted agreements. Most lands under the Public domain of Federal lands are located in western U.S. mountain states that have base metals, etc.
The question is, what has all this to do with RS 2477 ways? Well, the 1970’s Mining and Minerals Policy Resources Act signed in to law by President Nixon, was that lands that have any minerals of value such as locatable minerals and/or other non-locatable minerals such as coal, oil, shale, etc., has a significant value to the interest and security of the United States.
The U.S.F.S. doesn’t have this resources interest in the public domain, but they are supposed to view the importance of mineral resources as an objective view of the Mining and Minerals Resources Policy Act (1970) to the interest and security of the U.S. in their handbooks? The point in disclosure to access (egress-ingress) these vital mineral resources in highly mineralized eastern Oregon Federal lands is vital to the benefit and security of the U.S. in the national interest (and the county interest also?).
When Congressman Greg Walden (R-OR), stated in his view that “closed to open-open to closed” was like putting his finger and holding it in the wind like others in the political arena do. (To which way the wind blows, as a cop out gesture? He wouldn’t get my vote that’s for sure.)
I’m a Libertarian in this view of partisanship. He should view the RS 2477 Act as a civil right and the 1970 Federal Mining and Minerals Resources Policy Act as essential to the security of the U.S.
We should hold our elected officials feet to the fire and vote them out of office.
We can’t do this to un-elected officials such as the Federal agents that represent big government policies by “Proclamation” of rules that weren’t initiated by congress. What a disgrace to his constituents as I see it.
Some people claim he’s ignorant of the laws, but he does have a staff that should have investigated this before he made that statement.
The letter to the editor by Guy Michael referred to a statement from Steve Ellis, Wallowa-Whitman National Forest Supervisor, that a right-of-way grant is a property right should be stated as a right to access property; not in itself a property right.
In the language of Terry Maley’s mineral law book, as described here above states, the right of the owner of the mineral estate to enter, traverse, occupy, and utilize the surface, even where such right is merely implied, has been held to be in the nature of an easement (RS 2477 pre-1976 acts) where the mineral estate is the dominant and the surface estate is servient. This is spelled out under PL 167 US Code 601, Section 612 (b) of the Surface Resources Policy Act of 1955. (This excludes permittees and licensees)
As an added comment, to Mr. Michael, as to the constitutional law, he should read the part of the Declaration of Independence as one of the grievances against King George that states, “He (the King) has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and to eat out their substance.” Today we call that big government.
In essence, the F.S. and BLM are what might be called signatories to a memorial systems of government of the old English feudal system in which citizens were serfs (serfdom) in which citizens were bound by the terms of a signed documented agreement; having signed, signatory powers, as one who has signed or is bound by a document, especially a nation so bound, i.e., dictionary definitions.
Servitude; the conditions of, or duties of a servant; menial service, or a state of subjection to a person or thing. Plan of ops?
The New World Order?
Bruce Parke
Sumpter, Ore.
Butler Supports Strommer
To The Record-Courier:
This letter supports the announcement that I am resigning from the Oregon House of Representatives to serve in other pursuits. For the past nine years it has been an honor to represent you in Oregon’s Legislature. With my sweetheart wife, Darlene, as my Legislative Assistant, I have worked to protect your rights, promote effective and efficient government, and keep Salem regulators off your backs and out of your wallets!
The next logical question is, “Who will be the Republican to represent House District 60?” We need a replacement who understands the unique needs of all of Southeastern Oregon. We need a successor who recognizes the importance of family, farms and forests. We want our State Representative to reflect our conservative social and fiscal values – someone who is prepared to work full-time in promoting and protecting our property rights and personal liberties.
From the many qualified men and women who are willing to serve, Deon Strommer of Baker City is my top choice to be our State Representative. I have known Deon for years. He is a strong family man and a capable business owner. Deon has a background of civic service in his Rotary Club and with Boy Scouts of America. He currently serves on his school board, the ESD Board, and in the past has served on several other community boards. Deon understands our farm and ranch communities and worked for several years as a ranch manager. He currently operates restaurants and owns other small businesses in Eastern Oregon.
If selected, Deon Strommer will be a State Representative we can trust. I’m convinced that as he maintains offices in both Ontario and Baker City he will be better able to dedicate his full time to fight for eastern Oregon in a legislature controlled by liberals from Portland, Salem and Eugene.
Please join me in supporting Deon Strommer as District 60’s next State Legislator.
R. Thomas Butler
State Representative
Four Presidential Candidates On Ten Most Corrupt Politicians List
To The Record-Courier:
In time for the upcoming primary, Judicial Watch, a non-profit group devoted to reining in the corruption so evident in our nation’s capital, has released its annual “Ten Most Wanted Corrupt Politicians” for 2007. Four of the 10 are seeking the highest office in the land, the Presidency. Take a look and see if your choice made the list.
#1. Senator Hillary Rodham Clinton (D-NY): In addition to her long and sordid ethics record, Senator Hillary Clinton took a lot of heat in 2007-and rightly so- for blocking the release of her official White House records. Many suspect these records contain a treasure trove of information related to her role in a number of serious Clinton-era scandals. Moreover, in March 2007, Judicial Watch filed an ethics complaint against Senator Clinton for filing false financial disclosure forms with the U.S. Senate (again). And Hillary’s top campaign contributor, Norman Hsu, was exposed as a felon and a fugitive from justice in 2007. Hsu pleaded guilt to one count of grand theft for defrauding investors as part of a multi-million dollar Ponzi scheme.
#5. Former New York Mayor Rudy Guilliani (R-NY): Guilliani came under fire in late 2007 after it was discovered the former New York mayor’s office “billed obscure city agencies for tens of thousands of dollars in security expenses amassed during the time when he was beginning an extramarital relationship with future wife Judith Nathan in the Hamptons… “ABC News also reported that Giulliani provided Nathan with a police vehicle and a city driver at taxpayer expense. All of this news came on the heels of the federal indictment on corruption charges of Giulliani’s former Police Chief and business partner Bernard Kerik, who pleaded guilty in 2006 to accepting a $165,000 bribe in the form of renovations to his Bronx apartment from a construction company attempting to land city contracts.
#6. Governor Mike Huckabee (R-AR): Governor Huckabee enjoyed a meteoric rise in the polls in December 2007, which prompted a more thorough review of his ethics record. According to the Associated Press: “[Huckabee’s] career has also been colored by 14 ethics complaints and a volley of questions about his integrity, ranging from his management of campaign cash to his use of a nonprofit organization to subsidize his income to his destruction of state computer files on his way out of the governor’s office.” And what was Governor Huckabee’s response to these ethics allegations? Rather than cooperating with investigators, Huckabee sued the state ethics commission twice and attempted to shut the ethics process down.
#8. Senator Barack Obama (D-IL): A “Dishonorable Mention” last year, Senator Obama moves onto the “ten most wanted” list in 2007. In 2006, it was discovered that Obama was involved in a suspicious real estate deal with an indicted political fundraiser, Antoin “Tony” Rezko. In 2007, more reports surfaced of deeper and more suspicious business and political connections. It was reported that just two months after he joined the Senate, Obama purchased $50,000 worth of stock in speculative companies that had major investors who were his biggest campaign contributors. One of the companies was a biotech concern that benefited from legislation Obama pushed just two weeks after the senator purchased $5,000 of the company’s shares. Obama was also nabbed conducting campaign business in his Senate office, a violation of federal law.
Hope you find this interesting and that it opens a few eyes.
David Cheney
Baker City
My Political Predictions
To the Editor:
I guess being some what of a local pundit I should be making my political predictions, picking out my favorites. O.K. here goes. The Democrats will nominate a liberal. You know all for open borders, gun control and unrestricted abortion. Issues they don’t have to talk about during primaries, but will after Super Tuesday.
The Republicans will anoint their man as a conservative. The question is will the Republican product actually be what the label on the package says it is? Take John McCain for instance, a short time ago he sided with the best president Mexico ever had, George W. Bush, and cozied up to Ted Kennedy and GWB on the Kennedy McCain amnesty bill and made light of the Minute Men and other border security organizations calling them bigots, nativists and vigilantes. McCain was in trouble years back with the NRA for his anti gun stances and here in Oregon was partially responsible for Oregon outlawing private sales of guns at gun shows, a Portland liberal Ginny Burdick idea.
Rudy Giulliani has a lifetime position of gun banning, sanctuary city, pro abortion far left record to reengineer for general election.
Mitt Romney can be found on You Tube saying that he would ban weapons of “extraordinary lethality” whatever those are, probably a Democrat “assault weapon,” which really means an Australian type gun ban and confiscation program.
Mike Huckabee probably really is pro second amendment. At least his pheasant hunt went better than John Kerry’s goose hunt, but his immigration stance in the past doesn’t measure up to reality.
Fred Thompson is mostly conservative when he is awake or has a script.
Tom Tancredo, a real life close the borders, fence building Conservative is gone and Duncan Hunter another real deal borders security, pro war, with a son in the marine corps three tours in a combat zone, is going down for the third time.
So what I’m left with is a Lou Dobbs scenario. Lou says we get the best government money can buy. That would indicate a Hillary and Romney future. The voters might throw a monkey wrench in that prediction though. John McCain is proving to be a better chameleon than Rudy. He is telling the Republican base he has learned his lesson on borders and immigration. We are not hearing too much on lousy trade deals from him or the rising Chinese military threat because of those deals. He tells Michigan he is going to restore their rightful place as a manufacturing base, but I didn’t hear anything about trade deals and his surge in Iraq stance is getting some traction.
Of course the real surge, the first Gulf War, when the first George had 660,000 troops there and a real coalition with Arab troops and Colin Powel, the Powell Doctrine author, failed to remove Sadam because they were afraid we would have what we have now. I didn’t hear John advocating for taking out Saddam then.
My predictions are that after the primaries we will still have a basic conflict in this country that gets pasted over while we decide between a Hillary, Obama, McCain, Romney or other choice. There will be a basic divide between Americans and Globalists. The free trader empire builders who would sell out the middle class will put someone in power with no real choice, except for the one consistent anti empire, pro constitution, America first candidate. That one being Ron Paul and I’ll bet most voters haven’t heard of him or haven’t actually listened to the message.
I’m endorsing Ron Paul. I’ll vote for him, put a check by his name or write him in if he isn’t on the ballot. I’m getting old and crotchety and what could be my last presidential vote will be one for real change not some warmed over rehash of the past.
Steve Culley
Baker City
Cliff Bentz Prepared For The Task
To the Editor:
I write in support of Cliff Bentz for the Oregon State House District 60 seat.
Mark Hatfield , early in his political career, warned about a serious issue confronting democracy; the failure of dedicated and competent people running for public office. Cliff Bentz is a pleasant exception to that apprehension.
Cliff, five brothers and one sister were reared on a cattle ranch near Drewsey, Ore. I have noted children raised on farms and ranches usually bring a sense of discipline and hard work reflective of that rearing, Cliff exemplifies that trait.
He graduated from Eastern Oregon University and got his law degree from Lewis and Clark Law School. He has worked as a lawyer in Ontario since 1977. He and his wife Lindsay (a practicing veterinarian) have brought to their community and this area an enviable record of accomplishment.
The fields of law he has practiced have thoroughly prepared him for his political task. He has concentrated in real estate, business estate planning, natural resources and ranching law. He is a recognized expert in water law and livestock and ranching law. He now serves on the Ontario 8-C School Board. He is a director of the Oregon Historical Society.
He has prepared himself for this task. He has always, even as a young lawyer, wanted to serve in the legislature. He has studied the issues. He will need no on-the-job training. He will be a respected voice immediately. Frankly, he is one of the best if not the best prepared person for public service I have seen in some 50 years of watching state and local elections. This is not a “local” issue, but rather who best will represent all of our counties. Cliff Bentz is that person.
Coral and I are giving Cliff our full support. We hope you will too. Call your county commissioners and voice your support for Cliff’s appointment and them vote for him in May. Thank you.
Gene C.Rose
Baker City
Strommer To Replace Butler
To The Record-Courier:
I am a small business person in Baker City since 1975. I have known Deon Strommer and looked up to him for the last 20 years. He is a very capable and outstanding person; he has high energy and is very self motivated. I have observed him in numerous leadership capacities and he has demonstrated that he is fiscally responsible, completely honest, has strong moral character, and is dedicated to family values.
He also is a quick study; he thoroughly researches issues; studies and politely listens to all sides and then makes a decision. I have witnessed him negotiating sensitive issues on the school board. He is an outstanding public speaker. He is always looking out after the rights of his constituents.
As an ESD board member, Deon focused on the key problems of ESD, financial improprieties and mismanagement. Through the efforts of Deon and others they put ESD back on track. The thing that impressed me about Deon is that he communicated to the people of Baker County the problems and issues of ESD and then he organized a successful door to door campaign to inform the citizens and to put a recall on the ballot.
I fully endorse and recommend Deon Strommer as Tom Butler’s replacement in District 60.
Don Giles
Baker City
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