The Ventura Gem & Mineral Society, Inc. (VGMS)
Government In Action 1997 Archive.
Table of Contents.
January.
QUARTZITE.
From the January 1997 CFMS Newsletter - If you are planning to go to Quartzite any time in the future please read this carefully.
The Bureau of Land Management in conjunction with local government have agreed to ban all overnight camping on public lands within the city limits of Quartzite. Day parking will still be available at these areas. Overnight camping will still be allowed on all public land outside the city limits. The 14 day limit areas and Long Term remain unchanged. Weekly permits are also available at LTV areas and cost $10.00 for one week. Four weekly permits can be purchased, however. The October to April permit is only $50.00 and is good at all LTV (Long Term) areas.
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Table of Contents.
March.
ALAA WARNING from AFMS Newsletter.
BLM may require a permit and charge a fee for use of wilderness areas. They may insist that all collecting forays of any type be covered by oral permission in some cases and written permission in others. This can be done by restricting certain areas or regions. Caves, fossil collecting, archaeological resources and some others are already protected by separate statute.
BLM lists required permission for collecting rocks, minerals, fossils or petrified wood. ALAA suggests that field trip chairpersons NOT lead anyone on a field trip into a wilderness area without contacting BLM in advance.
Contributed by Florence Meisenheimer.
Table of Contents.
May.
ZZYZX INCLUDING AN ADVISORY.
If you read Colleen McGann's "Seven Days at ZZYZX" you will know we really had seven wonderful days. There never was time to be bored or have time on your hands. The long evenings were filled with relaxing or interesting programs and speakers.
Isabella Burns, on the Desert Advisory Council to BLM, spoke on the history of land usage from pioneer days to the present, a very interesting account.
Isabella also reported on the mis-use of the desert, since the "Desert Protection Act" was forced into law by Diane Feinstein.
Since no border patrol officers can enter Wilderness areas, the illegal aliens in the Otay Mountain area cross the border into California by the thousands. They have trashed and contaminated hundreds of acres, trampled deep paths, and set hundreds of fires from untended camp fires. A total of 68,000 acres were burned in the past year, as no fire fighters could enter.
This past winter a number of illegal persons froze to death on the mountain crossing, and it was days before permission could be granted to bring out the bodies. In the summer several persons died from heat exhaustion and dehydration crossing the mountain. Again, it was days before they could be removed.
Recently permission was granted to construct a short, narrow road, just inside the California border to try to control the influx of people wanting to come into the United States.
Another subject Isabella touched on was the number of National organizations that help control our land. The Bureau of Land Management, National Park Service, National Preserve Service, National Forest, National Monument and National Wilderness Service all have similar goals for protecting and preserving our land and resources, but each one has their own set of rules, which makes it difficult for an ordinary citizen to keep track of them all.
Florence Meisenheimer,
Federation Director.
Table of Contents.
BLM NEWS.
Secretary of the Interior Bruce Babbitt announced that he has directed BLM to halt further actions on a proposal to consolidate law enforcement regulations for more study.
"My decision to stop further action on this proposal is based on the confusion and misinformation about how these regulations would affect BLM's law enforcement responsibilities under existing law," reported Mr. Babbitt.
The action does not diminish the legal authority of BLM law enforcement officers on public land. But it is very clear that we have not done a good job of clarifying regulations, says Mr. Babbitt.
The rule proposed by BLM attempted to revise, consolidate and rewrite most of its law enforcement regulations, in an effort to help the public understand the actions BLM law enforcement officers may take to implement its existing law enforcement authority.
Florence Meisenheimer,
Federation Director.
Table of Contents.
July.
PUBLIC LANDS ADVISORY COMMITTEE SEMI-ANNUAL REPORT.
This report was made to the Officers and Directors of the California Federation of Mineralogical Societies. Several issues related to public use of public lands have surfaced since our meeting in November, 1996. Planning related to the desert tortoise has been expanded to include some 91 species of animals and plants. Desert Wildlife Management Areas (DWMA'S) are the oncoming designations. These areas will overlap some existing planning areas, such as wilderness areas, military areas, areas of critical concern, national parks, etc., but will also include some of the areas still available for public use. While the total impact of the new designations is not known yet, one suggestion to limit parking only to designated areas is a real threat. At present, parking is allowed within 300 feet of a designated route of travel. Even in wilderness areas, parking is allowed within 25 feet of a designated route of travel. This is one issue we must take a united stand on.
Many rumors are circulating regarding the New United Nations Biosphere Reserves being designated by the Secretary of the Interior. Apparently the designations were made without Congressional approval as several congressmen have voiced their concerns. Several groups and individuals have expressed alarm regarding as to whether the sovereignty of the United States is being destroyed by putting the areas under United Nations Control.
One thing is certain, all the governmental agencies contacted thus far have no idea what the designation means. The Bureau of Land Management and the U S Forest Service said they had never heard of the U N Designation. The National Park Service acknowledged they had heard of the designation but had no idea what it means.
Past experience indicates that once a new designation is made, some official will decide that a new set of rules must be written to put additional restrictions on the use of the areas involved. Hopefully we will have more information by the time of our meeting.
An offer has been made by the Bureau of Land Management in Barstow to work out an agreement with CFMS, or a designated society, to adopt some routes of travel in the South Afton Canyon area. We will have a more complete report at this meeting. The potential access to prime areas could certainly justify such an agreement if acceptable details can be worked out with BLM and any willing club or society.
A resignation from PLAC has been submitted by Carmelita Swarts due to physical limitations. Carmelita has served CFMS on the PLAC for twenty-five years. During that time she and her husband, Bern, have spent hundreds of hours, driven thousands of miles, written numerous letters, and made phone calls almost too numerous to count. We are indeed fortunate to have had such dedicated people who were willing to get involved. We will certainly miss them as a part of PLAC.
Bob Lawton has also tendered his resignation from PLAC due to his wife having suffered a major stroke. We ask that you remember Bob, his wife, and Carmelita & Bern in your prayers.
The Bureau of Land Management has a booth at this show. Be sure to take a look at the planning maps they have produced related to the current Northern & Eastern Colorado Desert CMP. The stated purposes of this plan are: "to implement the requirements of the USFWS Tortoise Recovery Plan" & "To amend the Desert Plan with new resource management requirements." This means additional restrictions on public use of public lands.
We just recently received a copy of the Environmental Impact Statement on the KOFA National Wildlife Reserve in Arizona. The document is dated October, 1996, but was not distributed until late April, 1997. It states that all rock & mineral collecting at Crystal Hill, south of Quartzsite, is prohibited. The current U S Fish & Wildlife Preserve Manager has stated he does not want to eliminate crystal collecting and still has signs posted giving the rules on collecting crystals. Unless we can get USFWS to amend their EIS to allow crystal collecting, we eventually will lose this area.
The only way we can keep our hobby alive and well is for all of us to get involved.
Jim Strain,
PLAC Chairman.
Table of Contents.
August.
WHO OWNS OUR BIOSPHERES?
There has been considerable concern over the fact that Secretary of the Interior has designated 47 Biosphere Reserves and 20 World Heritage Sites in the United States under United Nations control. There is no evidence the United Nations has ever made a direct management decision for any U.S. Sites, however a review of U.S. Park Service documents was found in UNESCO World Heritage Committee Minutes.
Even more fundamental is the fact that we have bound ourselves to International agreements and a treaty that stipulates that the United States will manage these lands in prescribed ways in order to achieve certain international goals and objectives. In other words, we have agreed to limit our right of sovereignty over these lands.
Congress, however, has never passed any law permitting the U.S. to enter into agreements that commit the U.S. to the incredible list of provisions and socialistic goals contained within the UNESCO International Biosphere Program.
Not only has the Federal Government been using these treaties and agreements to limit access to, and use of, these lands to all Americans, but they have also used these documents to limit the use of private property outside the boundaries of these lands. The most recent example of this is the invitation by the Clinton Administration to the World Heritage Committee to list Yellowstone National Park as a World Heritage Site In Danger.
The U.S. Man and Biosphere Program is touted in UNESCO documents as being "the first step in implementing the Convention of Biological Diversity". If fully implemented, it would be a bureaucrat's dream come true. It is based on a communal-feudal concept of land tenure where "stakeholders", including non-residents and non-governmental organizations, get to participate in deciding how private as well as public land is used.
It is structured around the idea of private/public "partnerships" where non-elected, unaccountable commissions, agencies, or councils "represent" the people's will and implement and enforce land use regulations across jurisdictional boundaries.
By Michael S. Coffman, PH.D,
from People of The West.
Table of Contents.
AMERICAN HERITAGE RIVERS.
In his May 19 State of the Union Address, President Clinton stated that he gets to designate 10 rivers each year for permanent status as Heritage Rivers. A "River Navigator" (caseworker) is assigned to a five year term coordinating federal aid to "River Communities" seeking to "restore and protect their river resources". It sounds nice, but is worded broadly enough for abuse. If an activist group can get the sympathetic ear of a "Navigator" they concentrate their influence at a point where governmental power is concentrated as well.
On June 10, Idaho Representative, Helen Chenoweth, introduced HR-1842 which prohibits all funding for this program. (We should support it).
From People of The West.
Table of Contents.
NATIONAL PARKS GET NEW NAME, from ALAA Issue, 1st Quarter, 1997.
In a recent article entitled "The Taking of America" by Karen Lee Bixman, it was suggested that Americans might be losing control of management of some of our most precious assets, our National Parks. Several National Parks already have entrance signs calling them "International Biospheres", a creation of UNESCO, part of the United Nations. The facts seem to be that because of this UN designation, UN is becoming "advisors" on management of our National Parks.
The ALAA would not be officially concerned except that the management concept of these "International Biospheres" divides them into 3 sections, a wilderness zone, a buffer zone and a cooperation zone. Therefore some of our collecting sites are in "harm's way". It is interesting to us that this whole concept was first brought to our attention through an article by June Gulp Zietner in the Lapidary Journal, July 1988 entitled "IS ROCK COLLECTOR AN ENDANGERED SPECIES" in which June pointed out that a proposed enlarging our National Parks was a real threat to many popular collecting areas. Now it looks like they may have found a different way to restrict our activities. The ALAA is not certain of just how many of our National Parks have received this designation, but we are told it is quite a number of them. Of note is a Bill in Congress, introduced by Congressman Don Young, (HR 901 in the 105th Congress) which is titled The American Land Sovereignty Protection Act. which would terminate any UN control over our National Parks. Possibly we should support it.
JS&BC,
Via CFMS Newsletter,
August 1997.
Table of Contents.
September.
CALIFORNIA SALES TAX, by Mike Kokinos, Tax Advisor.
In the March 1994 issue of the CFMS newsletter, substantial sales tax information was published. Based on the experience at the recent show in Ventura, some of the information is included herein as well as information on obtaining sales tax permits.
At Ventura, representatives of the Board of Equalization (sales tax) verified that every dealer had a valid sales tax permit to sell at the show. In addition, they required the host society to obtain a seller's permit for their sales booth(s).
Any society putting on a show must determine that each dealer has a valid sales tax permit. The society must have a record of each dealer. The records should include the number on their sales tax permit and their address. The list must be available to the Board even after the show is completed. In the event an out of state dealer is present, they must obtain a temporary or permanent California sales tax permit unless they can demonstrate they already have a permit.
Obtaining a seller's permit can be a "royal pain". A northern California society, without a local sales tax office, attempted to obtain a permit through an automated system. They needed the permit immediately. Needless to say, it would take at least a couple of weeks or more to obtain the permit.
For several months efforts have been made to simplify obtaining temporary sales tax permits. At present, the Board requires the signature of four officers including their social security number and driver's license number. On the other hand, a permanent permit can be obtained with only the signature of one officer. This was pointed out to the Executive Director of the Board. The comedy occurs when the aforementioned northern California society attempted to get a permanent permit. They were told it now required the four signatures as a temporary. At the same time the host society at Ventura obtained the permit with one signature.
The northern California society avoided the permit by offering the "grab bags" free but asked for a $1.00 donation. This was an interesting approach. It reminded me of the tickets for door prize drawings that are "free" but a donation of $1.00 is requested. Whether the sales tax or gambling issue would be satisfied with this approach would seem to hinge on a society's response when someone asks for the item or admission without paying the donation. What would happen if the person denied admission or a "grab bag" was an enforcement representative?
via CFMS Newsletter,
September 1997.
Table of Contents.
October/November
AFMS NEWSLETTER EXCERPTS, via Florence Meisenheimer, Federation Director, CRYSTAL HILL, ARIZONA.
You may recall that BLM proposed to close Crystal Hill to collecting. Crystal Hill has been one of the field trips at Quartzsite. The new interagency management plan adopted a year ago closes Kofa National Wildlife Refuge to collecting entirely, with the exception of Crystal Hill. However, no detection equipment or hand tools will be allowed, only the taking of surface occurring rocks will be permitted. If it is determined in the future that rockhounding activities are degrading the landscape, the area will be closed.
The AFMS Central Office has received several inquiries regarding the availability of a new "Guidelines for Exhibitors Manual." The understanding is that this is being compiled and will be completed at a later date.
Many of you old time rockhounds have heard of, and/or visited the Sheffler Geode mine near Alexandria, Missouri. The geodes are beautiful and rare, known as Keokuk Geodes. You may be interested to know that the State of Missouri decided that this very spot had to have a highway overpass. The state has claimed the land encompassing the mine and the owner's personal home to build the overpass. The beautiful crystal geodes from this area will be closed to collectors as mounds of cement cover this precious resource. The owner's health has been affected by the stress, made even worse since she has been now diagnosed with cancer.
The Florida Paleontological Society has published a new paper, titled "Petrified Wood in Florida". To get a copy, send $4.00 to Florida Paleontological Society at University of Florida, Florida Museum of Natural History, Gainsville, FL 32611.
Table of Contents.
CFMS NEWSLETTER EXCERPTS, via Florence Meisenheimer, Federation Director.
A public Hearing on Proposed Regulations which would allow jade collecting in the Jade Cove area has been held. Changes include:
- Allows the collecting of loose jade,
- Limits the size of jade collected to be only what can be carried by hand by one person,
- Allows use of hand tools, with no moving parts, up to 36",
- No pneumatic, mechanical, electrical, hydraulic or explosive tools may be used,
- Stones larger than 200 pounds would require a special permit.
The Northern & Eastern Colorado Coordinated Management Plan, which has been in progress for some years, is still proceeding. Rumors keep surfacing about proposed restrictions in access to the Hauser Geode Beds and other areas. We are involved in the middle of this and will push for a reasonable management plan. The concept of placing people being less important than plants and animals simply doesn't make any sense.
Edited by Florence Meisenheimer,
CFMS Newsletter October 1997.
Table of Contents.
THE DESERT AND THE LAW, Desert News - Fall 1997, by Sue Hickman, CFMS, PLAC Committee.
Hi Folks. It's been a while since I wrote an article for the Newsletter but deem this subject extremely important. Since passage of the California Desert Protection Act of 1994 (S-21) there has been a lot of confusion about where we can lawfully collect material on Our Public Lands. We may not agree with the California Desert Protection Act and how it has impacted our hobby BUT - it is the LAW and I certainly hope we all will strive to be law abiding citizens. Ignorance of the law is not a viable excuse for being caught collecting material or driving your vehicle in a restricted area. When on Public Land YOU are responsible to know where you are and if you can collect material legally. If you are caught collecting material or driving in a restricted area it is a Federal offense punishable by substantial fines and possible imprisonment besides giving ALL rockhounds a bad image! Recently I have been contacted for clarification of the status of collecting in several long time rockhounding locations in my area. My research for a few areas has determined the following:
We are working with 3 types of land management policies:
- The National Park Service: There is NO COLLECTING on Public Lands managed by the Park Service.
- The BLM (Bureau of Land Management): You can still collect material on BLM managed land except for those areas set aside for specific management purposes.
- Wilderness Areas: Wilderness designation does not preclude collection of material. HOWEVER, you cannot legally drive your vehicle into a wilderness area even if there is an existing road into the area. You must park your vehicle and hike into the collecting area.
Due to the expansion of Death Valley National Park (managed by the Park Service) there is no collecting Indian Paint Rock (off Hwy 127) or in the Owlshead Mts. You can still legally drive to these locations but it is illegal to collect material.
Due to the creation of the Mojave National Preserve (managed by the Park Service) you can no longer collect material in the Hackberry Mts. or Copperworld. Again, you can still legally drive to these locations but it is illegal to collect material.
Due to creation of the Bristol Mountains Wilderness Area (managed by BLM) you can no longer legally drive into the Strawberry Onyx collecting area. You can park your vehicle on the power line road and hike to the onyx area to collect material.
These are only a few areas affected by the California Desert Protection Act of 1994. Current status maps can be obtained from:
- National Park Service, Death Valley National Park, Death Valley, CA 92328;
- National Park Service, Mojave National Preserve, 222 E. Main St. #202, Barstow, CA 93211;
- Bureau of Land Management local Resource Offices or the California Desert District Office, 6221 Box Springs Blvd., Riverside, CA 92507.
I hope this information helps clarify the collecting status of some rockhounding areas. The PLAC Committee is continuing to work on this issue through all legislative processes available.
| Please . . . | Be Safe!! |
| Obey Signs!! | |
| Be Legal!! |
via CFMS Newsletter,
October 1997.
Table of Contents.
December.
PUBLIC LANDS ADVISORY COMMITTEE SEMI ANNUAL REPORT, by Jim Strain, Chairman, Public Lands Advisory Committee.
In the October CFMS Bulletin we reported that the U S Fish & Wildlife Service did not list the Horned Lizard as endangered. Since that time, the Bureau of Land Management has held meetings to discuss the management plans to keep the lizard from being listed. Those plans include further restriction on public access and public activities on public lands. i.e. The area west and north of Plaster City (west of El Centro) has been used for several years for off-road vehicle races. New restrictions planned to "protect" the lizard will affect public use of the open area.
The current open area has petrified wood, invertebrate fossils, and assorted minerals of interest to CFMS members and numerous classes from UCSD, SDSU, Imperial County, San Diego County, Riverside County & San Bernardino County schools. In the past we have had groups from Germany, France and other Countries come to this area for collecting & research.
Needless to say, we have voiced our concerns to the responsible organizations and hope to have much of our information reflected in the final management plan.
Another new wrinkle has surfaced recently. A proposal to create a 5 mile protective buffer zone around endangered plants was discussed at a recent BLM Desert District Advisory Council Meeting. One attendee surmised that if an endangered plant was located every 4 1/2 miles the entire desert could be closed to public access.
Numerous organizations are concerned about this proposal and have offered their opinions to the responsible agencies.
A meeting will be held on November 19th to discuss the possibility of constructing tortoise fences along many of the currently existing highways and roads crossing the desert.
The cost to taxpayers would be staggering and the impact on other animals, rodents, and desert wildlife could be major. One concern to rockhounds is that many of the access roads to prime educational and recreational areas are not heavily traveled and therefore may not be considered as a designated route of travel. If openings are not left in the tortoise fences then access may be restricted by the fence. We have already experienced this around some of the sand and gravel pits in the Southern California Counties.
As you know, several Congressional Hearings were held to determine what changes should be made in the Endangered Species Act to correct the major inequities that have come about because of the various interpretations by regulatory and management agencies.
Since President Clinton has stated that he will veto any effort to correct the deficiencies, Congress has taken no action due to the fact that they don't have the necessary 2/3 vote to override his veto. Some public lands users have commented that we are being held as environmental hostages.
No matter how we feel as individuals we all recognize that more restrictions are being planned by almost every regulatory and management agency at all levels of government. We must become involved in the planning stages as once a management plan has been approved it is very difficult to get the plan changed.
We (P.L.A.C.) again emphasize the need to have someone in every club or society designated as your Public Lands Representative so your organization can be heard when plans are being formulated by city, county, state or federal governmental agencies. Also, if there are collecting areas on private land in your vicinity, personal contact to assure a good relationship with the landowner is a necessity.
We also ask your help in upholding the image of rockhounds. We all know how wonderful we are. We need to let the public know all the positive things we do. Educational programs, school activities, community service efforts, our gem & mineral shows, museum support activities---these are just a few of the things we do. While it is not the norm for Rockhounds to brag, we must let the public know what we do. We need the support of the public in order to keep our hobby alive and well.
Jim Strain,
Chairman Public Lands Advisory Committee,
Via Florence Meisenheimer,
Federation Director.
Table of Contents.
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