Public Evidence & Charges: AZ FS + BLM TREASON

From the desk of Frank Lavoie

Public Notice {The only notice to FS/BLM}  TO THE BLM:

"You have effectively abandoned and abbrogated your responsibility, resulting in a (con)ceding of Public Lands to Criminals and Terrorists: this being unconstitutional, illegal, and intolerable, knowledgeable members of the public are emboldened to assert possession, occupancy and DEFENSE of the Public Lands [in your stead]: a TAKING, by force if neccessary, of the CORONADO NATIONAL FOREST south of interstate 10."

 I recommend, advice, and support the public Taking Adverse Possession of ALL BLM LAND. I promote the idea of homesteading, farming, and mining, timbering and other lawful uses of the public lands by the general public, of, for and by the People. {Without the government or ‘permits’.} Mr. President, where’s my 40 acres and a mule? I want to start working right now! …working for myself and my family, not for your corporate enslavement scheme; nor will I wait until tomorrow. I shall take what I need starting with MY FREEDOM!

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 36CFR 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.

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. 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 is

patently 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


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

as all uses 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. With everyone concerned now with the collapsing economy, is it time to

tolerate or allow such tremendous resources….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



, it is important to reiterate that although specialty ‘niche’ rare minerals are well

represented by beautiful gemstones at a substantial billion dollar annual domestic production

level, there are

many relatively unknown minerals which are far more significantly precious in

terms of their being essential to high technology alternative energy and the wireless transmission

of power. An example of true worth is an inexpensive beryllium ceramic material which can

safely hold high-level radioactive wastes as a near-indestructible solid ‘container’ strong enough

to survive re-entry from space, facilitating the possibility of saving humanity from the inevitable

plutonium doom by permitting the sending of these wastes into the Sun. That’s priceless!

Amateur recreational prospectors expend much more field time than their professional

counterparts. They account for a majority of New Discoveries & new local wealth benefits.

RIGHT NOW the BLM is screwing up an AZ mining boom in niche minerals & small mines,

and ruining much of the last remaining opportunities for regional economic recovery and local

independence. Here’s a 1984 news clipping as a reminder of what this is about and how long this

back-door highgrading collusion has gone on between officials and commercial interests

. {Sierra

Vista AZ Forest Service District Office TAKE NOTE:}


The massive

amounts of excavated materials permitted in large corporate

mine operations make any fool Forest Ranger (Law Enforcement) like Erik Kim

{Badge #1942} who decides that a mere campsite or prospectors mining camp

occupied for more than 14 days, is “causing significant impact” sound like an

absolutely corrupt criminal interfering with lawful use of Our Public Land on a

lame false excuse, without authority, and his tickets constitute solicitation of a

bribe since the fines are to be mailed to some post office box in North Carolina,

according to the stick-on label! He is a criminal official I intend to ‘arrest’ on

sight. I remind those BLM fools in Phoenix that they cannot act, as they have,

when the economic impact is $100 million or more.

{From 1984 Rock & Gem Magazine, ‘What’s New in Minerals’ by Bob Jones}

The Moat Mtn. Amethyst, Smoky Quartz, & Topaz gem fields NOW can be

estimated in the BILLION$ in potential production…HAND_DIGGING ..if the Forest

Service were HONEST. Here’s an appraisal to show the point:

My Arizona discovery-strike, I assert, is of material ranging in value

from these prices and higher, in considerably larger deposits. Too much may be

lost, and too many other citizens affected, for me to allow such a loss, for myself

or others, and above all, is OUR public responsibility to protect the legacy for our

children, beyond that small bit of land for which we have assumed stewardship.

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


th June 2010

(Also see the addendum of 29 June to follow.)

Addendum for Mineral Estate Notice of Intent from the Desk of Frank Lavoie

If nothing else, the oil disaster has restored appreciation for the outdoor life and renewed

the public’s love for not just the natural treasures of our National Parks and Public Lands, but the

national treasures of plentiful rural landscape and avenues of escape, recreation, and access to

natural resources. The burdened urban soul righteously fears the potential loss of refuge, peace,

and sanctuary of our National Forests. The loss of The Gulf in many ways reinforces how

important the recreational opportunities & local management of natural resources, interrelated

and interdependent businesses are to the over-all health & economy of the larger population.

The failure of government and corporate entities is the reality: their impotence &

cowardice, their irresponsibility & incompetence was the primary reason why the 1866 Mineral

Estate Grant put the Great National Treasure of the minerals NOT into the hands of government

or corporations, but reserved, given, and granted to the PEOPLE.

So by curious irony, we have laid claim to our part of the legacy, and the means to ‘save

the day’. This estate was not intended to be ‘locked away’ but to serve as the means to restore

and empower ourselves, our culture, our skills at self-governance, and to enjoy a clear, simple,

honorable re-connection with our basic success, our prudent use of natural resources. Such a life

of peaceful productivity is so meaningful it pulls the rug out from under those who now act to

expand the city ant-hill’s political pyramid of sand at the expense of the rural population and

landscape. The consumers, destroyers and war-mongers shall continue in their confusions &

rituals of social conditioning, inculturation and control, yearning for a distant & abstract ’peace

and independence’- freedom itself.

Meanwhile, back at the Ranch, we have seen corporate encroachment assisted by corrupt

land management agencies. The Buenos Aeries N.W.R. and Coronado National Forest have been

effectively abandoned to criminals & terrorists by officials posting closure & warning signs

discouraging public use. FS & B.L.M. have harassed & driven out campers and mining claim

owners; sent letters announcing, without due process, notice, or hearings that the claims are

“Forfeit” without any offer of compensation.

NONE of the laws are being followed. ALL the

Federal Officials, with shared responsibility with Border Patrol/ICE, paid to protect and

administer the Public Lands, and the public uses of the Public Lands, are stealing their pay by

NOT doing their duty. Overwhelming us like an oil gusher, corporate greed and closed-door

political abuse of power [in this case aided by Grijalva & Giffords] has positioned the incredible

mineral wealth of southern Arizona beyond the reach of the normal citizen prospector, but NOT

beyond the reach of the Cartel’s corporate copper mining monster money laundering fronts. This

also explains why the rest of the ‘iceburg’ keeps coming across the border unopposed.


The F.S. & B.L.M. has FAILED to DENY haven & sanctuary & support to terrorists and

criminals and foreign agents; FS/B.L.M. (B.P./I.C.E.) has KNOWINGLY acted in support of

terrorists and criminals to wit: obstruction of justice & due process; violation of private property

rights & rights of occupation; denial of and/or obstruction of public use of public lands; lies,

theft, and solicitation of bribes; making threats and bureaucratic assaults on Rights to Mine;

material interference of permitted conduct of business.

Further, F.S. has provided support to terrorists & criminals by acts of omission, to wit:

Abandonment of mission duty & responsibility to protect the land, resources, and public by

discouragement & opposition & acts to deny public presence upon the Public Lands; Failing to

publish the locations of smuggling trails, failing to capture or kill ‘marauders, raiders or

bushwhackers’. Failing to confront or capture Cartel ‘spotters’ who occupy observation posts and

act in direct support (traffic control) of cartel smugglers; Failing to confront threats to the public;

Failing to acknowledge internal corruption or to act in a manner trustworthy.

My Arizona discovery-strike, I assert, is of material ranging in value

from several thousand per pound of rough raw gem-stock to about $500,000 per pound of cut

gemstones, in considerably larger deposits. Too much may be lost, and too many other citizens

affected, for me to allow such a loss, for myself

or others, and above all, is OUR public responsibility to protect the legacy for our children, beyond

that small bit of land for which we have assumed stewardship.

When the associated high-value rare metal deposits are included, the value of just one 20 acre

mining claim may attain several billion! Even if a find is below the threshold of corporate interest

or official regulation, it should NOT BE DENIED, for every citizen is entitled to an honorable living,

an occupation, which is our right and legacy under the 1866 Mineral Estate Grant. There is nothing

wrong with a citizen

hitting it big, either, and if the advantageous circumstance is being able to

Hand Mine values from relatively easy to dig “soft” rock, that just means such good fortune when it

occurs EXEMPTS the miner from filing “Notice Level” or “Plan of Operations” papers, or even to

file a mining claim since there is No Significant Disturbance (as defined in the regulations). So that

just rots the officials’ socks, but THERE IS NOTHING THEY CAN DO ABOUT IT, though if they had just

been uncorrupted and cooperative, instead of hostile, they could have imposed conditions of

acceptability on the surface disturbances and excavations and manner of operation. As is, we enjoy

the loophole, and the legal “gray” area.

In view of substantive, substantial charges with abundant credible evidence and

testimony, I submit a simultaneous incredulity exists toward the court system based on these

officials already in Prima Facie defiance & contempt of 36 CFR Part 261. The avenue of remedy

thus compromised, impotent, and broken, the remaining course of redress is herein and hereby


IN THE PUBLIC Interest, (represented by) Frank Lavoie, dba as

“Amethyst Ranch” and “Timeless Mining Company” for himself, these

entities of endeavor and other citizens affected, in assertion and exercise of

the sovereign rights clarified by 36 CFR Part 261 WE do hereby publicly

claim and intend to hold forevermore with full rights superior to the U.S.

Government, {

which has NO RIGHTS} these lands described, including

patented claims formerly held on our behalf by the F.S./B.L.M. Santa Cruz

County Arizona, T24S, R16E, in Sections 3, 4, 5, 8, 9; ~ 500 Acres, Including

all those claims we recorded prior to this date, on public record.

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, Tombstone, Arizona, 29 June 2010