John McCafferty, Chief Administrative Supervisor, advised Thomson Reuters had acquired ...

327 Pages·2014·18.5 MB·English

APPROVED ONJUNE18, 2014
BYTHEBOARD OFCOUNTYCOMMISSIONERS
AT THE WEEKLYBUSINESSSESSION
WEEKLYBUSINESS SESSION—June 4, 2014
9:00 a.m.—Anne G. BaskerAuditorium
604N.W. Sixth Street, Grants Pass, OR97526
Present: Cherryl Walker, Chair; Keith Heck, Vice-Chair; and Simon Hare, Commissioner; Terri Wharton, Recorder
These are meetingminutes only. Onlytextenclosedinquotation marks reports a speaker's exactwords.
Pursuant to notice through the media and in conformance with the Public Meeting Law, Cherryl Walker, Chair called the
meetingto orderat 9:00 a.m.
Items discussed were as follows:
1. ADMINISTRATIVE ACTIONS IN CONSIDERATION OF:
BOARDDECISIONS UNDERADMINISTRATIVE ACTIONS WEREMADEAFTERPUBLICCOMMENTWASRECEIVED
ApprovalofAmendment# 1 to Agreement OR2012.002 with Manatron, Inc.; and Escrow Agreement( One
a.
originalAmendmentandEscrowAgreementfiledwith theCounty Clerk)
John McCafferty, ChiefAdministrative Supervisor, advised Thomson Reuters had acquired Manatron, Inc. and discovered
one module ofthe original software package does not work as well as their program. He explained Thomson Reuters had
suggested a substitute module along with offering several concessions to the County totaling approximately $200,000 in
savings overthe nextfive years, and agreedtoplace the County's money into anescrowaccount.
2. REQUESTS/COMMENTS FROM CITIZENS: (Eachperson willbegiven three(3) minutestospeak)
David Everist,Josephine County, discussed and submitted ExhibitA—Lawsuit.
Jack Swift,Josephine County, discussed several petitions thatwere broughtto Boardwith little ornoresponse.
DaleMatthews, GrantsPass, discussedthe recall process and deadlines foran Elected Official.
SandiCassanelli,Merlin,discussed whatshe feltwas misappropriations ofthe PEG funds.
JosephRice, Josephine County, readand submitted Exhibit B—Petition forRedress ofGrievance.
JudyAhrens,Josephine County,discussed severalbooks and holding a Weekly Business Sessions at7:30 p.m.
BillPatrick,Josephine County, readand submittedExhibit C—Petition forOpen Roads.
RobertLee, Josephine County, asked for an update onthe Open Roads Ordinance petition.
Larry Ford, Grants Pass, suggested the Bureau of Land Management discontinue private land ownership in Josephine
County.
Board Discussion and Action—Agenda Item 1( a)
Commissioner Hare made a motion to approve Amendment # 1 to Agreement OR2012.002 with Manatron, Inc.; and
Escrow Agreement. seconded by Commissioner Heck Upon roll callvote, motionpassed3-0; Commissioner Hare—yes,
Commissioner Heck—ves- andCommissioner Walker—yes.
3. CONSENTCALENDAR:
Approval ofMinutes( Draft minutes are available forviewing in the Board's Office)
a.
County Administration Workshop—May 15, 2014
General Discussion—May20, 2014
Weekly Business Session—May 21, 2014
Executive Session— May 21, 2014
County Administration Workshop—May 22, 2014
Resolution In the Matterofan Appointment to theJosephine County Rural Planning Commission (One original
b.
Resolutionfiledwith theCounty Clerk)
c. ODOT Agreement 29939 —'5311 Rural Operating Funds (One electronic Agreement returned to Transitforfull
execution)
Approval of$35,000 Economic Development Request from Josephine Community Libraries, Inc. Effective July
d.
1, 2014( One originalRequestreturnedto Finance)
BoardDiscussion and Action:
Commissioner Hare made a motion to approve the Consent Calendar Agenda Items 3(a) through 3(d) as listed, seconded
byCommissionerHeck. Upon rollcallvote, motionpassed3-0; Commissioner Hare—yes, CommissionerHeck—yes, and
Commissioner Walker—yes.
WeeklyBusiness SessionJune 4, 2014 Page 2
4. OTHER: (ORS.192.640(1) ". . . notice shall include a list oftheprincipal subjects anticipated to be considered at the
meeting, butthisrequirementshallnotlimitthe abilityofagoverningbodyto consider additionalsubjects.')
None reported.
5. MATTERS FROM COMMISSIONERS:
Commissioner Hare announced the Public Hearing on June 5, 2014 regarding the formation ofthe Library District and
advised he would be out ofthe office that afternoon and on June 9, 2014. He discussed thejoint City/County meeting on
June 9, 2014 regardingthe Economic Development RFP.
CommissionerHeckannounced the Solution Revolution meetingon June 7, 2014 atthe Josephine County Fairgrounds, the
Moon Tree Run and Firefighters Fair on June 7, 2014 at the Illinois Valley Airport. He recognized the outstanding team
effort atthe Jailregardingthe bookingoften new prisonersto the ICE beds all during one shift.
Commissioner Walker announced the Governor signed the Disaster Declaration for Josephine County and encouraged
citizensto be careful with their water usage. She announced the Cow Scrabble Fundraiseron June 14, 2014 atthe Library
and a five minute presentation on the history ofthe flag at the June 11, 2014 Weekly Business Session. She reminded
citizensthatkids are out ofschool andto watch forthem.
Weekly Business Session was adjournedat 10:25 a.m.
Terri Wharton, ecord
Entered into record:
Exhibit A—Lawsuit
Exhibit B—Petition forRedress ofGrievance
ExhibitC—Petition forOpen Roads
TA
c
LAX?
6 I
David D Everist Date 6-2-2014 " Case# 14358
secretary on mining
for Twin Cedar mining District
township mining Claim and
Unincorporated City
7447 Thompson Cr Rd
Applegate Oregon 97530
Phone [phone]
Us court appeals for the Federal cir court Washington DC
PLAINIFT
Everist
vs
DEFENDANTS
USDAUSFS USDI BLM ETALATAL
LETS GET BACK TO THE POINT OF MY CASE VALUABLE MINERALS DEPOSIT LAND
GRANTAND TRUST WHAT HAVE I BEEN ASKING FOR THE INSPECTOR GENERAL USDI
BLM TO BE POINTED AS TRUSTEEAS REQUIREDMENT OF THE LAW GRANTAND LAW
OF TRUSTAS TRUSTEE THE DUTIES IS TO THE GRANTEEAND OR BENIFISARY OF THE
VALUABLE MINERALS DEPOSIT LAND GRANT TRUSTAND TO CONDUCTAUDIT OF
COUNTABLELY TO MYMOTION ABOUT SEPRATEION ALL THE DEFENDANTATTORINEY
HAVE SAME ATTORNEYAGAINST HAVING FAIR HEARING DO TO THE FACT THE
INSPECTOR GENERAL WHATING TO BE POINTED OTHER WIZE INSPECTOR GENERAL
WOULD BE DEFENDING USDI BLMAND THEIR NOT SO I DEMAND ORDERTHAT COURT
POINT THE TRUSTEE TO THEAND RULE SEPERATION OFATTORNEYAND ON MY
MOTION AND MOTION TO MOVE THE OTHERS CASE I ENTERING FROM MYATTORNEY
IN THAT JUST FILE WITH 9 CIR COURTAS EXHIBIT IN TO THE RECORDERS FROM 9 TH
CIR COURT TO THIS COURTUS COURT OFAPPEALS FORTHE FEDERAL CIR COURT
WASHINGTON DCAND TO REMOVEAS THIS JURISDICT IS THE TUCKERACT FOR THE
TAKING AND ORDER TO DO FOLLOW E.O. 12630 TAKINGS IMPLACATION ASSESSMENT
DAVID D EVERIST SECRETARY OF MINING FOR TWIN CEDAR MINING DISTR•
TOWNSHIP MINING CLAIMAND UNINCORPORATED CITY '
6
1
UNITED STATES COURT OF APPEALS
FOR THE
NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAVID DUANE EVERIST,
Defendant-Appellant.
No. 13-30355
CERTIFICATE OF COMPLIANCE WITH RULE 32(a)
1. This briefcomplies with the type-volume limitation ofFed. R. App.
P. 32(a)( 7)( B) because it contains 2985 words, excluding the parts ofthe brief
exempted by Fed. R. App. B. 32(a)(7)( B)(viii).
2. This briefcomplies with the type-face requirements ofFed. R. App.
P. 32(a)(5) and the type style requirements ofFed. R. App. P. 32(a)( 6) because this
briefhas been prepared in a proportionally spaced type face using Word Perfect in
14-point Times New Roman font.
DATED this 14th day ofMay 2014.
s/ Brian C. Butler
Brian C. Butler
Attorney for Defendant-Appellant
17
Xki
No. 13-30355
UNITED STATES COURT OF APPEALS
FOR THE
NINTH CIRCUIT
UNITED STATES OF AMERICC A ,,
Plaintiff-Appellee,
v.
DAVID DUANE EVERIST,
Defendant-Appellant.
Appeal from the United States District Court
for the District ofOregon
OPENING BRIEF OF APPELLANT
Brian C. Butler
Assistant Federal Public Defender
15 Newtown Street
Medford, OR 97501
541) 776-3630
Attorney for Defendant-Appellant
p
TABLE OF CONTENTS
Page
TABLE OF AUTHORITIES
STATEMENT OF JURISDICTION 1
STATEMENT OF ISSUES. 2
STATEMENT OF THE CASE . 3
Nature ofthe Case. 3
Course ofProceedings. 3
Custody Status. 5
Standard ofReview. 5
STATEMENT OF FACTS. 5
li
SUMMARY OF ARGUMENT. 6
ARGUMENT. 7
I. Federal Statutes Recognize Property Rights Related To Mining
Claims On Federal Land 7
II. The Organic Act Of 1897 Exempts Valid Mining Claims From
Regulations That Otherwise Apply To National Forest Land 9
III. The Federal Land Policy And Management Act Expressly Limits
The Reach OfGovernment Regulations With Respect To
Mining Claims. 11
I
IV. Federal Regulations Regarding "Public Lands" Do Not Apply To Mr.
Everist's Mining Claim, And The Authority OfThe United States To
Regulate That Claim Is Limited To Determining The Validity Of
That Claim. 12
V. CONCLUSION. 15
CERTIFICATE OF RELATED CASES. 16
BRIEF FORMAT CERTIFICATION. 17
CERTIFICATE OF SERVICE. 18
ii
TABLE OF AUTHORITIES
Page
FEDERAL CASES
Best v. Humboldt PlacerMin.Co.,
371 U.S. 334, 336 (1963) . 8
Davis v. Nelson,
329 F.2d 840, 844-45 (9th Cir. 1964) . 8
Erlenbaugh v. United States,
409 U.S. 239, 243 ( 1972) . 12
Humboldt County v. UnitedStates,
684 F.2d 1276, 1281 ( 9th Cir. 1982) 13
United States v. Bachlund (andEverist),
689 F.3d 986, 990 (9th Cir. 2012) 6
United States v. Gorman,
314 F.3d 1105, 1110 (9th Cir. 2002) 5
Hoefler v. Babbitt,
139 F.3d 726, 728 (9th Cir. 1998) 8
United States v. Olander,
572 F.3d 764 (9th Cir. 2009) 5
United States v. Shumway,
199 F.3d 1093, 1098 (9th Cir. 1999) . 7, 8, 13
United States v. Youssef
547 F.3d 1090, 1093 (9th Cir. 2008) 5
iii
Ruckelshaus v. Monsanto Co.,
467 U.S. 986, 1001 ( 1984) 14
Swanson v. Babbitt,
3 F.3d 1348, 1350 (9th Cir. 1993) 8
Wilbur v. United States ex rel. Krushnic,
280 U.S. 306, 316 (1930) . 8
FEDERAL STATUTE
16 U.S.C. § 471 . 9
16 U.S.C. § 478 . 9, 10
16 U.S.C. § 482 . 10
16U.S.C. § 551 . 10
30 U.S.C. § 22 7, 13
30 U.S.C. § 26 7, 13
30 U.S.C. § 28 . 7
30 U.S.C. § 612(a) . 9
30 U.S.C. § 612(b) 9
43 U.S.C. § 207 . 11
43 U.S.C. § 311 . 11
43 U.S.C. § 401( f) . 11
43 U.S.C. § 1701 . 11, 13
iv
43 U.S.C. § 1702 . 9
43 U.S.C. § 1702(e) . 12
43 U.S.C. § 1732(b) 11
43 U.S.C. § 1740 . 11
FEDERAL REGULATIONS
36 C.F.R. § 261.6 . 3
36 C.F.R. § 261. 10(b) . 3
36 C.F.R. § 261. 10(p) . 3
36 C.F.R. § 261. 11 3
V