Mining Wars

As talented and adept at expressing myself as I am, and writing lucidly intellectual honest research and subsequent opinion, I must apologize for being completely inadequate to the task of disparaging Amerika in any vicious fashion commensurate or adequate to the damnation, condemnation, decapitation that it, by any god’s justice, so deserves and is so long overdue to receive, perhaps, as some expect imminently, by the very foudroyant hand of God.
To whom it may concern:
We consider it irrational, unreasonable and irresponsible to accept or tolerate USFS and BLM actions in the Border Zone of Arizona. Both are in defiance and contempt of 36 CFR Part 261  of Dec. 8th, 2008. They are in clear Prima Facie violations of permittee rightts, acted to deny due process, interfered with the lawful conduct of mining in process, unjustly causing financial losses & negative effects beyond the scope of their authority. Little research is required to confirm that operational small mines can & will widen production without interference from government, & can replace corporate giants in supporting the economy of Arizona, for the giants ship out their ore for processing, escaping the payment of royalties. Corporate giants are little restrained from a feeding frenzy upon small operations and their mineral estates. No surprise then small miners are voicing their declarations that their rights are NOT abbrogated, abridged, forfeited, limited, affected, negated, removed or transfered without permission or DUE PROCESS. We declare, demand, & require, exactly as a county sheriff’s authority allows, that the FS/BLM is, by default, removed from the Public Lands by the stewards of record of the mineral estate, and may take whatever measures found prudent and necessary, including the powers of arrest and the use of deadly force. This authority extends beyond the mining claim boundaries to where the agent, instument, or perpetrator of any violation or act affecting mining claim ownership, operation, occupancy, safety, security, privacy, quiet enjoyment, trade secrets or proprietary data, marketability, profitability, or future production. Yes, this would include highgraders & claim-jumpers as well as, you guessed it, "officials" & corporate landsharks & their political toadies.

From the desk of Frank Lavoie

Concerning the Legacy of the Mineral Estate

Granted to The People [not government nor corporation] by Presidential

Proclamation in 1866, and the Imperative to Save both The Estate and the

Citizens’ Control over the great national minerals treasure as per the 1872

Mining Law and the Decision of 36 CFR Part 261 of 8 December, 2008 from

the usurpations and derelictions of the USDI, BLM and Forest Service,

to wit, the Minerals Management which contributed to the on-going death of

the Gulf of Mexico.

I herein document the FS/BLM/USDA practice of intentional mismanagement from 1984 to 2010 : A brief set of well documented examples of not just incompetence, but of purposeful denial of due process, discovery rights, mineral rights, occupancy and operational rights of mining claims and other lawful uses of the Public Lands, but also, very importantly NOW -along the Border with Mexico in the Coronado National Forest of Arizona, “Failing to deny haven or sanctuary to criminals or terrorists”, and “Knowingly providing sanctuary and support to criminals and terrorists.”

Therefor, be On Notice, Concurrent with the Right and Privilege of owning and operating a mining operation on claims upon the Public Lands the Mine Owner has the responsibility to Protect the Lands, the Resources, and the Legacy of the Mineral Estate Grant . There is no legal obligation by the miner to absorb, absolve, or share the liability of the surface and subsurface resource administrators, on behalf of the citizens or other permittees, just to conduct one’s own operation so as to not create cause for legal action. When the Forest Service and BLM act in “Plain Error” and directly cause harm, loss, damage, and clearly actionable violation of due process, private property rights & civil liberties, it’s the obligation and duty for the owner of the mineral estate to take whatever steps as he is sovereign upon the Estate to hold and occupy it.

 The FS, without justification or due process has acted to bring both the livelihood and occupation and operation of profitable mines to a halt with the stewardship and protections of the resources, lands, and Legacy also stopping. Almost immediately begins unauthorized mineral materials removals, vandalism and theft, which makes the economic impacts further reaching and likely to increase while the unfortunately abused small miner is out of work pending resolution of a “mistake” done on purpose to achieve what is not supported by regulation or court decision. That makes it prudent and reasonable to include protection strategies from mismanagement or worse, for the plain reality is that smugglers, criminals, and terrorists are currently using the Coronado National Forest, and the administration’s corruption to their advantage. I may surmise that the officials are both cowardly in failing to promote and protect permittees, and suspect of complicity and cooperation with the Cartel to keep potential witnesses out of the smuggling corridors if only by virtue of their patently uncooperative and hostile relations with those brave citizens willing to undertake the risk and expense of developing profitable small mines for the benefit of a large part of economically depressed southern Arizona.

There’s no honor in winning a fight that could have been avoided.

I personally find no advantage to fighting; it’s in error to think there is justice or an element of ‘fairness’ in a ‘battle’ in which one party has a chance to defeat the other. I generally refuse to

fight, preferring instead to just win/end the war. Just show absolutely no mercy, and do not participate in a ‘fight’, a court battle, a lawsuit, an appeal. Do not dignify or legitimize by response a bureaucratic red tape attempt to interfere with the honest conduct of peaceable and honorable vocation.

I filed, paid my fees…I OWN MY CLAIMS.


Starting in 1978, rising values for varieties of quartz, among other gem specie long dominated by imported, inexpensive gem-stock- rose enough to make domestic sources competitive. Attempts to develop well-known historic deposits of high quality were met with red tape and regulations designed for industrial metal mines and large volume low unit value minerals like copper.

A less skeptical public began to ‘Romance the Stone” when the famous 1972 gem tourmaline strike in Maine had reached a market value of $60 million in six short years. Other fabulous discoveries followed disproving the ‘fluke of luck’ doubters and establishing by 1981 that there were, indeed, large worldclass gem deposits in America worthy of mining efforts.

In 1981, I participated in an investigation for the Senate Committee on Natural Resources at the invitation of Senator Gordon Humphrey, as we looked into Forest Service stone-walling and red tape stalling of mining

permit applications. The Amethyst we found – deep purple- appraised at $150,000.00 per cut pound. {2270 carats}.

I had written a 25 page report, had all the paperwork done & fees paid, when we were ‘raided’ by two FS Rangers who showed up at our very remote campsite pretending to be lost, asking for help, off duty, out of uniform, and without the supervisor on duty’s knowledge or permission. When we returned to our vehicles, they had their uniforms on and pressed false charges to keep us off the mountain all summer until a November trial. Yes, a lot of our discovery was subsequently stolen, and that was the second such incident. At trial, we proved that corrupt Rangers had previously given highgraders directions to my 1st find, as listed on the two-year delayed permit application, and issued a bogus “For Educational, recreational, noncommercial purposes” permit in Jan. ‘81 [deep snow]. The large, distinct crystals appeared just two weeks later at the Tucson Gem & Mineral Show {STD Minerals, Michael Haritos} for sale. We flew out and bought some of our own find for analysis, but it wasn’t until 1990 that a FS commissioned science study proved us right. 1984: We proved the FS ‘wrong’.


This has been a very long war!

What was at stake, the news and CNN reported, was $50 million or more in recoverable gem crystal which could be mined by hand methods. I have produced a documentary film of 1 hour, 33 minutes, on the

NH Amethyst

Strike Story* [

*on VEOH and Google Video.] including an editorial on this court case and Forest Service mismanagement. The 1911 Weeks Law did Not say no mining was to be allowed in the Eastern National Forests, it stated that the local resources were to be administered by, and for, the advantage and benefit of the local communities.

{P.S. We held our $600,000.00 civil judgement ‘in abeyance’ pending Forest Service ‘cooperation’. I thusly expected in subsequent mining operations, that the FS would not be taking a ‘hostile’ attitude toward small specialty miners. I was wrong, but it took years to find out, and a lot of effort to prove that even now, the FS/BLM is in Contempt and defiance of 36 CFR Part 261. }



1984 – 1988

For about 5 years I mined quartz in Arkansas at my commercial, bonded operation until Sen. Dale Bumpers and Gov. Clinton imposed a lease scheme by which we had to bid to keep our own mines. Corruption! (Uncompensated 14

th Am.‘taking’.) Six tons of production and a great business was destroyed by politicians. So I testified, and moved my business to Colorado.

Here we go again:

For “The Rest of the Story” please watch my 1 hour documentary

film ”Saga of the Blue Frog Mine” on Google Video. Also appears in the archives of this website & on THIS PAGE.

In 1994 or 1995, a “Terrorist Training Camp” and madrassa was raided in Buena Vista and Colorado Springs, Colorado. It was complete with AK’s RPG’s, explosives, the usual stuff, which was also found in a storage unit in Colorado Springs. After 911 in 2001, a local TV station re-ran the raid story under the ‘local terrorist connection’ byline, and an FBI spokeswoman said they apparently missed some of the members and the whereabouts of their new training camp.

We found it in the Pike National Forest, 37 miles from Ft. Carson. Automatic weapons fire all night long at Sportsmens’ Paradise on the South Platte River. I know, I was fired upon with about 300 rounds, and I fired back only three…but that’s a story for another time. Twice before the huge Hayman wildfire, attempts were made to initiate a forest fire within ten thousand feet of the Rocket Mine at Crystal Creek. On Day One of the ‘Towers’ operation June 8th [and a nice strike] FS Ranger Terry Barton Starts fire with two pages of meth lab instructions. [pers comm FBI].

From the full letter, these relevant portions:

{Part of the dragged- out process of getting a “Plan of Operations” OK’d for a ½ acre mine!}…

OK, fast forward to last year and now, June, 2010, Santa Cruz County, Arizona:

Frank Lavoie:

I DID NOT REPLY. They did not follow due process, failed to notify me PRIOR to trespass without my permission. FS Does not mention where they went or what location they are talking about. What claim? Where? When? Who? This is speculative, with surmise & conjecture..IN VIOLATION and defiance of 36 CFR Part 261..a CRIME,

and the notice below was sent to me 45 days beyond the Due Process date, also violating my rights. This DOES NOT CHANGE the rights of discovery, my ownership of the mineral estate, or my rights to occupy and mine. In that it ispatently wrong and “Plain Error” in defiance and contempt for the 36 CFR Part 261 decision IN OUR FAVOR as parties to the class action suit against the Forest Service following the Hayman Wildfire. SO FOR REASONS STATED ABOVE

we shall hold our ground and claims as well as the 8-billion $ estimated value of

the deposit we discovered and claimed.

YES I said a huge number- which can be substantiated by

structural geology and geochemistry & by inclusions in quartz crystals, something the local authorities say is not a

‘locateable’ mineral, denying that it is the prospecting key to establishing the existence of a related and associated

metal deposit. [note 2006 falsehood of gem amethyst “not locatable”; revelation of material found is not an AZ


In this case, its 5% RHENIUM in molybdenite in 200 ton pods & pockets in a fault-bounded stock-work structure with pegmatite and aplite and alpine cleft deposits. Look it up and figure it yourself at current prices. So it’s not too shocking that Corporate mining giant Freeport- McMoran’s exploration geologist, Ian Merkle, visited me in an admitted case of industrial espionage 1 ½ years ago.

And its obvious that someone recently has utilized a willing Phoenix BLM office to advance Rep. Grijalva and Rep. Giffords’ stated agenda and proposed legislation

halting all mining claims in Pima and Santa Cruz Counties [as well


all ues of the Coronado National Forest] regardless of the methods used.

I refuse to recognize nor obey such a compromised, politicized, and corrupt administration.

I intend to hold and occupy those claims I have recorded and to use all rights to effect the safety, security, and integrity of my authorized mining operations and the rights of all others accepting the legacy and responsibility for the Mineral

Estate Grant of 1866.

If I am offered compensation for this illegal “Taking” commensurate with the current market value for all the components of the Mineral Estate…and this did not affect other miners I might consider it, but considering the value of US Currency and the irresponsible nature of the government, I may

not consider it for it would be a travesty and an injury to the Lands to abandon them to the carelessness of a demonstrably irresponsible corrupt government.

Highgraders and Claim-Jumpers in uniform!


Take note of the DATES! Why did they wait so long? So the reply time would be expired

and nothing could be done! THEFT BY ADMINISTRATIVE “ERROR”!

Worse, this appears to be a common practice.

How clearly can it be said? This is a classic violation of due process. They think I have to prove that they made yet another error, when its already been revealed & made a court decision that they are NOT ALLOWED to do this deceptive illegal mismanagement any longer. Maybe they have NOT READ 36 CFR Part 261.

So, after such a history, the FS/BLM continues the 25 year policy of resisting lawful mining while doing nothing to curtail or prevent criminal use of the public lands. The economic repercussions can be estimated to be in the range of TRILLIONS of dollars nationally, but the social and practical losses are inestimable.

Personally, I can acquire all the raw materials I need to make a very good living for my family and friends WITHOUT filing a mining claim or operating at commercial levels. BUT I had endeavored to file and develop commercial mining claims for the employment and benefit of the entire area.

The only thing accomplished by the BLM is ECONOMIC INJURY and loss

of opportunity as well as destruction of the trust between the owners of the Mineral Estate Grant and the current administration.

“Frank & Barbara, this is a fascinating plan you have and it would seem to help fill the

demand for mineral collecting and historical/recreational opportunities. Publicly accessible

sites are surprisingly rare in this region. We did a bit of Googling about the area and it looks

like you could have some spectacular mineral specimens. We’ve talked it over here and are

not quite sure how we can best help you. This is a different type of inquiry than we normally

receive. Are you working with AZ Office of Tourism or Dept. Of Commerce in any way? We

have contacts in both who can help us identify programs or grants that could be applicable,

although state funds are really tight these days. We’d like to continue the dialog & see what

we can do to assist you. Thanks for including us.”

Lee Allison, AZ State Geologist

Maybe the BLM & FS have been TREASONOUS LIARS and thieves, looting the resources, all along, but with everyone concerned now with the collapsing economy, is it time to tolerate or allow such a tremendous resource….billions upon billions, to be mismanaged, or worse, diverted from the intended beneficiaries, the people, to corporate types?

This is about

private property rights and Taking Back Our National Sovereignty. Its about this:

I DARE CALL IT TREASON. The treasure is no small gift, it is ours and the means to our independence and our freedom, and that of generations to come.

It is our DUTY TO


This editorial opinion and finding of facts is the sole product of Frank Lavoie. It

was not influenced, sponsored, or financed by any other entity or party and its

sole purpose is to serve as a notice of intent and policy position statement.

Frank Lavoie  13

th June 2010


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