SEND A LETTER! This battle is with pens, paper and email!

email the Governor:  http://gov.ca.gov/interact#contact

Here is a sample of the letter that PLP sent to Gov. Arnold Schwarzenegger. You can use parts and/or reword in your own words. There is a simpler sample below this one:

                            Public lands for the People inc.  

                                    501c-3 non profit org 

                                     7194 CONEJO DR. 

                                San Bernardino Ca. 92404 

Governor Arnold Schwarzenegger

CA. State Governor

Ca. State Capital Bldg.

Sacramento Ca. 95814

RE:  Budget Bill with attached Trailer Bill , 2008, Funding for CA. State Fish and Game                                                                                                                                                 Environmental Impact Report Study on Suction Dredging.

Dear Governor Schwarzenegger

Public Lands for the People inc. (PLP) is a 501 c-3 non profit organization with approximately 40,000, constituent members, most of whom are small scale suction dredge miners and prospectors who would be affected by any moratorium on suction dredge mining. 

It is our understanding that there is an attempt by the CA. State Legislature to add a Trailer Bill to funding recommended for CA. State Budget, Sec.3600, resources, CA. Department of Fish and Game (DFG) funding.  That Trailer Bill would read something to the effect that if the monies for the Environmental Impact Report (EIR) on suction dredging mining are awarded to the CA. State Fish and Game, that there will be a moratorium on suction dredge mining in the state of California until the completion of the EIR (which could be from 2 to 10 years) and a raise in permit fees from approximately $45.00 to $100 for each permit.

We would like to point out PLP’s opposition and legal position on this Trailer Bill too  Governor Schwarzenegger, so that he can understand the problems that may occur down the line between the miners and the State of CA.

First of all the Governor has already vetoed a Bill (AB 1032) which attempted to close some 68 rivers in the State of California just last year, 2007.   The following quoted material is what the Governor had to say about closures on suction dredge mining. In essence a moratorium is a closure for what ever length of time.

“To the Members of the California State Assembly:”

”I am returning Assembly Bill 1032 without my signature.”

”The purpose of this bill is to protect fish and wildlife from the potential deleterious
effects of suction dredge mining. Although I appreciate the author’s intent and the need
to protect our fish, wildlife, and water resources, this bill is unnecessary.”

”Current law gives the Department of Fish and Game (Department) the necessary
authority to protect fish and wildlife resources from suction dredge mining. It has
promulgated regulations and issues permits for this activity. Permits for suction dredge
mining must ensure that these operations are not deleterious to fish and allow the
Department to specify the type and size of equipment to be used. In its regulations, the
Department may also designate specific waters or areas that are closed to dredging.”

”It is unclear why this bill specifically targets a number of specific waterways for closure
or further restrictions. The listed waterways represent only a small fraction of the waters
in our State where suction dredging is occurring. The benefit or protection from such a
minor closure is negligible and supports the notion that scientific environmental review should precede such decisions.”

”Sincerely,
Arnold Schwarzenegger”

The Governor is not the only party to state that, “The benefit or protection from such a
minor closure is negligible and supports the notion that scientific environmental review should precede such decisions.” In a 2007 Court decision, (Karuk Tribe v CA. Department of Fish and Game)Judge Bonnie Sabraw stated that, and I quote:

“Here, the initial PSJ would enjoin suction dredge mining all together in certain areas and during certain periods in others. The closures of the rivers would be generally applicable to all suction dredging while in effect. The injunction would essentially operate as a promulgation of regulations on suction dredging, without such regulations having been subject, as required by law, to the public notice and hearing requirements of the California Environmental Quality Act and the California Administrative Procedures Act. See Cal. Fish and Game Code section 5653.9.”   

The following Federal Case also finds violation of federal law by the state of CA., if this proposed rider were to implement a moratorium on suction dredge mining for the duration of said EIR, it would be a prohibition and in conflict with federal law.  

South Dakota Mining Association v. Lawrence County (Cite as: 155 F.3d 1005) 

“If Congress evidences intent to occupy given field, any state law or local ordinance falling within that field is preempted.  U.S.C.A. Const. Art. 6, cl. 2.” 

“If Congress has not entirely displaced state regulation over matter in question, state law is still preempted to extent it actually conflicts with federal law, that is, when it is impossible to comply with both state and federal law, or where state law stands as obstacle to accomplishment of full purposes and objectives of Congress.  U.S.C.A. Const. Art. 6, cl. 2.” 

“Federal Mining Act preempted ordinance prohibiting issuance of any new or amended permits for surface metal mining within area which included federal lands; ordinance stood as obstacle to accomplishment of full purposes and objectives of Congress of encouraging exploration and mining of valuable mineral deposits located on federal land.  U.S.C.A. Const. Art. 6, cl. 2; 30 U.S.C.A. §§ 21‑26.” 

“The Supreme Court has set forth the analysis we must apply to determine if a state law is preempted by federal law:” 

“State law can be pre‑empted in either of two general ways.   If Congress evidences an intent to occupy a given field, any state law falling within that field is pre‑empted.   If Congress has not entirely displaced state regulation over the matter in question, state law is still pre‑empted to the extent it actually conflicts with federal law, that is, when it is impossible to comply with both state and federal law, or where the state law stands as an obstacle to the accomplishment of the full purposes and objectives of Congress.” 

Peters v. Union Pac. R.R. Co., 80 F.3d 257, 261 (8th Cir.1996). “Congress has codified its declaration of the federal government's policy towards mining:” 

“The Congress declares that it is the continuing policy of the Federal Government in the national interest to foster and encourage private enterprise in (1) the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries, (2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs,” 

Passage of the CA. Budget bill with a moritorium rider attached, prohibiting suction dredge mining, completely frustrates the accomplishment of these federally encouraged activities.   A local government cannot prohibit a lawful use of the sovereign's land that the superior sovereign itself permits and encourages. To do so offends both the Property Clause and the Supremacy Clause of the federal Constitution.  Passage of this portion of the CA. Budget is prohibitory, not regulatory, in its fundamental character.   

For the above reasons PLP asks that Governor Schwarzenegger vetoe any rider attached to budget funding for the CA. Deptarment of Fish and game to do the EIR on suction dredge mining. 

Respectfully Submitted 

Gerald Hobbs 

President 

Public Lands for the People 

909-889-3039 

Jerhobbs2@verizon.net 

Here is another sample you can use: 

July 8th, 2008

The Honorable Arnold Schwarzenegger
Governor, State of California
State Capitol Building
Sacramento, CA 95814

RE: Opposition to proposed Budget Trailer Bill Language: Respective to Suction Dredge Mining Permits

Dear Governor Schwarzenegger,

Last year, you vetoed AB 1032(Wolk); a bill that would have required the California Department of Fish and Game (DFG) to close rivers and waterways to suction dredge gold mining without having to follow the legal process required by the California Environmental Quality Act (CEQA).

It has come to our attention that the proponents of AB1032 are now pushing trailer bill language that will be attached to the 2008/2009 Budget Bill. This would place a moratorium on further issuance of Suction Dredge Mining permits within California. The proponents of this trailer bill language are trying to make an end run to reverse your veto of AB 1032 by using the legislative and administrative process.

The Assembly and Senate propose to shut down suction dredge mining through trailer bill language that would halt permit issuance until the Department completes a new Environmental Impact Report (EIR). Because these permits are issued annually, and DFG's last EIR process took several years to complete, this language would kill the Gold Suction Dredge Mining program in California, upon which 2,500 miners and their families and mining-related businesses depend, for at least several years; probably longer. In addition to the miners themselves, several rural counties, particularly Siskiyou County, would face significant hardship as a cornerstone of their recreation and resource-based economies is removed further harming the state's economy at a time when gold prices are at an all time high of between $900.00 and $1000.00 an ounce.

We would like to point out that throughout all of the litigation and other attempts to kill suction dredge mining by anti-mining activists during the last few years, they have yet to show any proof that a single fish has ever been harmed by suction dredgers. This, while the very same people are promoting that the State must continue to issue fish-kill licenses to millions of fishermen! This is clearly a case where special interests are attempting to subvert the political process to eliminate an important part of California's ongoing, rich heritage; gold mining.

We are asking you to please veto this trailer bill language and allow the continued issuing of Suction Dredge Permits while the required environmental review process is being conducted.

Thank you,

(Be sure to include your full name and address.)

Cc: Senator Dave Cogdill, Senate Republican Leader Senator Don Perata, Senate President Pro Tem Assemblymember Michael Villines, Assembly Republican Leader Assemblymember Karen Bass, Speaker of the Assembly