The Washington Division of Geology and Earth Resources has announced two new applications available through its new Geologic Information Portal.
One application is called The Washington Interactive Geologic Map and "provides access to geologic mapping at several scales, earthquake and tsunami hazard mapping, and earth resource information."
The other application, called Earth Resources Permit Locations, "provides access to oil and gas exploration drillhole locations and surface mine reclamation permit sites."
In addition to base information such as highways, cities and towns, USGS quadrangles, county boundaries, rivers and Public Land Survey data, other layers show geologic features, aerial photography, and site locations. More layers are to be added in the future.
The Geologic Information Portal has been added to the Resources for Prospectors section of the right-hand sidebar.
Sunday, December 7, 2008
Tuesday, December 2, 2008
Commission Appoints Interim WDFW Director
Following up on yesterday's post, the Washington Fish and Wildlife Commission has appointed WDFW deputy director for resource policy Phil Anderson as interim director following the resignation of Dr. Jeffrey P. Koenings. According to the press release, the Commission will conduct a nation-wide search for a permanent director beginning next year.
The press release is available at the link here.
Monday, December 1, 2008
Koenings Resigns as Director of WDFW
Word has come that the current director of the Washington Department of Fish and Wildlife, Jeff Koenings, Ph.D., has announced his resignation effective December 11.
As far as I am aware, there is no word yet on a possible successor.
Read the entire press release at the link here.
Monday, November 10, 2008
New Prospecting Rules Adopted by Fish and Wildlife Commission
The Washington Department of Fish and Wildlife announced in a news release dated today that the Fish and Wildlife Commission approved the proposed mineral prospecting rules at the meeting in Olympia on November 8. The press release states in part:
Adopted changes include establishing new work times designed to protect fish life, offering additional opportunities for prospectors and expanding the use of certain types of mineral prospecting equipment. The rules, which were developed with input from a 17-member workgroup and the public, become effective April 3, 2009 and are available on WDFW’s website at http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm. A new Gold and Fish pamphlet reflecting the changes will be available by that date.
The full text of the announcement can be found at the link here.
Adopted changes include establishing new work times designed to protect fish life, offering additional opportunities for prospectors and expanding the use of certain types of mineral prospecting equipment. The rules, which were developed with input from a 17-member workgroup and the public, become effective April 3, 2009 and are available on WDFW’s website at http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm. A new Gold and Fish pamphlet reflecting the changes will be available by that date.
The full text of the announcement can be found at the link here.
Wednesday, November 5, 2008
Washington Fish and Wildlife Commission Meets Saturday to Consider Adoption of New Rules
The Washington Fish and Wildlife Commission will meet in Olympia on Friday and Saturday (November 7 & 8) to consider adopting permanent amendments to the Gold and Fish Pamphlet. This meeting follows the public hearing held on October 3 at the last Commission meeting, also in Olympia.
Action on the mineral prospecting rules is currently (as of today's agenda revision) scheduled as the third item of business for the Saturday session which begins at 8:30 A.M. It does not appear that public comments will be accepted at this meeting, although WDFW staff members Greg Hueckel and Perry Harvester are listed under the heading, "Staff Report".
Additionally, the agenda contains a link to a "Greensheet and proposed rules" document which contains, among other things, changes to the proposed rules submitted by WDFW as a result of comments received from the public. The proposed changes are too numerous to discuss here, but it is worrisome to this writer that for some of the streams in Kittitas, Pend Oreille, Skagit, and Yakima counties, the originally proposed work window dates have been reduced to "Submit Application" status.
The meeting will be held in Room 172 of the Natural Resource Building, 1111 Washington Street SE, in Olympia.
As changes to the agenda are still possible, interested parties are encouraged to check the latest version at the link here.
Action on the mineral prospecting rules is currently (as of today's agenda revision) scheduled as the third item of business for the Saturday session which begins at 8:30 A.M. It does not appear that public comments will be accepted at this meeting, although WDFW staff members Greg Hueckel and Perry Harvester are listed under the heading, "Staff Report".
Additionally, the agenda contains a link to a "Greensheet and proposed rules" document which contains, among other things, changes to the proposed rules submitted by WDFW as a result of comments received from the public. The proposed changes are too numerous to discuss here, but it is worrisome to this writer that for some of the streams in Kittitas, Pend Oreille, Skagit, and Yakima counties, the originally proposed work window dates have been reduced to "Submit Application" status.
The meeting will be held in Room 172 of the Natural Resource Building, 1111 Washington Street SE, in Olympia.
As changes to the agenda are still possible, interested parties are encouraged to check the latest version at the link here.
Friday, October 10, 2008
WDFW Discontinues Current "Gold and Fish" Pamphlet
According to the WDFW web page devoted to mineral prospecting, the current issue of the Gold and Fish pamphlet will no longer be available once the current supply runs out. To quote from the site:
It seems they're pretty confident the new proposed rules will be adopted.
NOTE: Because a new edition of the Gold and Fish pamphlet will be printed in 2009, WDFW will no longer distribute the 1999 edition when the current supply is exhausted. If you wish to prospect before the new pamphlet is issued you will need to print the online version of the 1999 Gold and Fish pamphlet.
It seems they're pretty confident the new proposed rules will be adopted.
Wednesday, September 24, 2008
Miners Take Note: New Rules Hearing Scheduled
Word has just arrived that the Washington Fish and Wildlife Commission hearing on the proposed mineral prospecting and placer mining regulations will be held in the afternoon of Friday, October 3, in the Natural Resources Building, Room 172, 1111 Washington Street S.E. in Olympia. (Note that this location has been changed from Ellensburg.) Attendees should arrive no later than 2:00 P.M. to sign in. Discussion of the proposed rules is #9 on the hearing agenda.
Following is agenda item #9 as it currently appears on the Commission website:
A good showing of miners and their supporters at this event will demonstrate to the commissioners and WDFW staff the importance with which the mining community regards this matter.
To stay abreast of any changes to the agenda, check the Commission web page here.
Following is agenda item #9 as it currently appears on the Commission website:
A good showing of miners and their supporters at this event will demonstrate to the commissioners and WDFW staff the importance with which the mining community regards this matter.
To stay abreast of any changes to the agenda, check the Commission web page here.
Thursday, September 18, 2008
WDFW Commission's October Meeting Moved from Ellensburg to Olympia
Please note that the Washington Fish and Wildlife Commission meeting scheduled for October 3-4 reported in my post of August 18 has been moved from Ellensburg to Olympia. This change is reported on the WDFW website here and on the Commission's website here.
This is an important meeting for us miners as the Commission will be accepting public comments from those present on the new proposed mineral prospecting and placer mining rules. Written comments may still be sent to WDFW by mail or email until September 26 at:
Washington Department of Fish and Wildlife
Attn: Lisa Wood
RE: Mineral Prospecting Rules
600 Capitol Way N.
Olympia, WA 98501-1091
and
sepadesk@dfw.wa.gov
Thanks to Mark Erickson for alerting me to this change via his comment here.
This is an important meeting for us miners as the Commission will be accepting public comments from those present on the new proposed mineral prospecting and placer mining rules. Written comments may still be sent to WDFW by mail or email until September 26 at:
Washington Department of Fish and Wildlife
Attn: Lisa Wood
RE: Mineral Prospecting Rules
600 Capitol Way N.
Olympia, WA 98501-1091
and
sepadesk@dfw.wa.gov
Thanks to Mark Erickson for alerting me to this change via his comment here.
Tuesday, August 26, 2008
WDFW Announces New Proposed Prospecting Rules
The Washington Department of Fish and Wildlife (WDFW) has announced new proposed rules for mineral prospecting in Washington State. The Department will accept comments on the proposed rules until September 26.
For details, visit the Department's web page here:
http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm
A .pdf file containing the text of the proposed rules may be accessed here:
http://wdfw.wa.gov/hab/goldfish/2008_proposed_prospecting_rules.pdf
For details, visit the Department's web page here:
http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm
A .pdf file containing the text of the proposed rules may be accessed here:
http://wdfw.wa.gov/hab/goldfish/2008_proposed_prospecting_rules.pdf
Monday, August 18, 2008
New Proposed Prospecting Rules for Washington Released
Here is the latest news from WDFW regarding the new proposed mineral prospecting rules:
Pat Chapman
Regulatory Services Coordinator
Habitat Program
Washington Dept. of Fish and Wildlife
600 Capitol Way N.
Olympia WA 98501-1091
(360) 902-2571
(360) 902-2946 FAX
chapmpfc@dfw.wa.gov
In addition to the above message, a reliable source has also provided the following pertinent documents:
Proposed Rule Making notice filed with the Office of the Code Reviser
Final Draft of Proposed Mineral Prospecting Rules, Part I
Final Draft of Proposed Mineral Prospecting Rules, Part II
The above links will allow you to view or download these documents as .pdf files.
As the message from Pat Chapman at the beginning of this post states, the deadline for comments on these proposed rules is September 26. This is our chance to get a set of rules we can live with so let's let the good folks at WDFW in Olympia hear from us.
From: Pat Chapman
Sent: Monday, August 18, 2008 8:28 AM
Subject: Proposed mineral prospecting rules filed with Office of the CodeReviser
Mineral Prospecting Rule Development Workgroup:
Please distribute this message to anyone you think might be interested in commenting on proposed rules for mineral prospecting.
Washington Department of Fish and Wildlife has filed proposed rules for mineral prospecting with the Office of the Code Reviser. The proposed rules will be published on September 3, 2008 in the Washington State Register. The official public comment period begins with publication in the register on September 3, and WDFW will accept comments through September 26, 2008. Comments WDFW receives before the official public comment period will be accepted provided they are sent to the following:
Lisa Wood
Washington Department of Fish and Wildlife
600 Capitol Way N.
Olympia, WA 98501-1091
email: sepadesk@dfw.wa.gov
FAX: (360) 902-2946
We will be posting the proposed rules on WDFW's Habitat internet page soon. On October 3 or 4, 2008 WDFW will present the proposed rules, any adjustments to them warranted by comments, and a synopsis of the comments we have received from the public to the Fish and Wildlife Commission at their meeting in Ellensburg. The Commission will accept further public comments at that meeting. Likely at the Commission’s November meeting they will vote on adopting the rules.
You may view the Washington State Register at: http://www.leg.wa.gov/CodeReviser/Washington+State+Register/
WDFW's Habitat internet pages for mineral prospecting can be viewed at:
Regulatory Services Coordinator
Habitat Program
Washington Dept. of Fish and Wildlife
600 Capitol Way N.
Olympia WA 98501-1091
(360) 902-2571
(360) 902-2946 FAX
chapmpfc@dfw.wa.gov
In addition to the above message, a reliable source has also provided the following pertinent documents:
Proposed Rule Making notice filed with the Office of the Code Reviser
Final Draft of Proposed Mineral Prospecting Rules, Part I
Final Draft of Proposed Mineral Prospecting Rules, Part II
The above links will allow you to view or download these documents as .pdf files.
As the message from Pat Chapman at the beginning of this post states, the deadline for comments on these proposed rules is September 26. This is our chance to get a set of rules we can live with so let's let the good folks at WDFW in Olympia hear from us.
Sunday, August 10, 2008
Free Topo Maps of the US and Canada
If you have any use for topographic maps from the USGS, USFS, and Natural Resource Canada, check out Free Printable Topo Maps (http://www.digital-topo-maps.com/).
Getting the maps is easy. You just zoom in to your area of interest in "Map" view (which shows a road map), switch to "My Topo" view, and select the topo zoom level you want. Then click on either "Landscape" or "Portrait" next to "Print from your computer:" located below the map image. A new window will open containing your map. The map of Horseshoe Bend on the Sultan River shown below was captured by right-clicking on the map in this new window and selecting "Save image as..." from the drop-down menu. (Note: The real image measures 1800x1200 pixels and is much more detailed than Blogger's scaled-down view shown here.)
The "Hybrid" view button next to the "My Topo" button shows a satellite image with a road map overlay. Both "Map" and "Hybrid" appear to work for anywhere in the world but "My Topo" only displays results for the US and Canada.
For ease of reference, I have added the link to Free Printable Topo Maps to the "Resources for Prospectors" section of the right-hand sidebar.
Getting the maps is easy. You just zoom in to your area of interest in "Map" view (which shows a road map), switch to "My Topo" view, and select the topo zoom level you want. Then click on either "Landscape" or "Portrait" next to "Print from your computer:" located below the map image. A new window will open containing your map. The map of Horseshoe Bend on the Sultan River shown below was captured by right-clicking on the map in this new window and selecting "Save image as..." from the drop-down menu. (Note: The real image measures 1800x1200 pixels and is much more detailed than Blogger's scaled-down view shown here.)
The "Hybrid" view button next to the "My Topo" button shows a satellite image with a road map overlay. Both "Map" and "Hybrid" appear to work for anywhere in the world but "My Topo" only displays results for the US and Canada.
For ease of reference, I have added the link to Free Printable Topo Maps to the "Resources for Prospectors" section of the right-hand sidebar.
Friday, August 8, 2008
Prospecting Information at "Chris' Prospecting Encyclopedia"
In the course of wandering around the World Wide Web I came across a site called Chris' Prospecting Encyclopedia that contains a rather large amount of information covering various aspects of gold prospecting. Although a lot of the material here is geared for California and the Southwest, there is still a great deal of knowledge that would be useful anywhere.
Many of you may already know of this site (which is hosted at nevada-outback-gems.com) but, for those who don't, I've added the link to the "Resources for Prospectors" section in the right-hand sidebar.
Enjoy.
Many of you may already know of this site (which is hosted at nevada-outback-gems.com) but, for those who don't, I've added the link to the "Resources for Prospectors" section in the right-hand sidebar.
Enjoy.
Saturday, August 2, 2008
Letters Needed to Protect Dredging in California
As you probably already know, the Karuk Tribe of California has persuaded certain of that state's legislators having a political greenish tinge to attach a rider to the 2008 California budget bill that would place a moratorium on the issuance of suction dredge permits. Were this tactic aimed at banning dredging for gold to succeed in California, it might give certain parties in our fair state (and elsewhere) ideas that could prove detrimental to the activities of us small-scale miners.
Therefore, it may well behoove us to help nip this particular threat in the bud while there is still time to do so. The best way to do that appears to be sending a message to Governor Schwartzenegger urging him to veto the rider. There are detailed instructions on how to do this as well as a sample text which you can copy/paste/modify or use as is at this link:
http://www.goldgold.com/legal/rider_actionalert08.htm
As of this writing, the California legislature has not agreed on a final budget bill but will probably do so sooner rather than later. Therefore, as is usual in matters such as this one, time is of the essence.
Therefore, it may well behoove us to help nip this particular threat in the bud while there is still time to do so. The best way to do that appears to be sending a message to Governor Schwartzenegger urging him to veto the rider. There are detailed instructions on how to do this as well as a sample text which you can copy/paste/modify or use as is at this link:
http://www.goldgold.com/legal/rider_actionalert08.htm
As of this writing, the California legislature has not agreed on a final budget bill but will probably do so sooner rather than later. Therefore, as is usual in matters such as this one, time is of the essence.
Thursday, July 31, 2008
Yea Summer!
It's that time of year again and I finally got out to play with my sluice box.
That's me feeding classified aggregate into the flare:
After running about a tenth of a cubic yard of material (it was really hard digging!), here is the result:
Oh, well! That big nugget is still out there somewhere.
Hope everyone is having a good summer.
That's me feeding classified aggregate into the flare:
After running about a tenth of a cubic yard of material (it was really hard digging!), here is the result:
Oh, well! That big nugget is still out there somewhere.
Hope everyone is having a good summer.
Saturday, May 10, 2008
Odds and Ends
Things seem rather quiet. Our State Legislature has adjourned without taking any further action on HB2871 decriminalizing violations of the Gold and Fish Pamphlet; WDFW has a new PDF document on their website titled Freshwater Mussels of the Similkameen River; other than that, I could not find anything about the new proposed prospecting regulations or the status of applying for an HPA for beach mining.
Turning to other matters, I have added a link to the Northwest Mining Association website under Clubs and Organizations on the right-hand sidebar. Also, the link for the Washington Prospectors Mining Association is still producing gibberish.
Looking ahead, general work times begin June 1 in Benton, Kittitas, San Juan (Is there anyplace to prospect there?), and Yakima Counties as well as on the Columbia and Snake Rivers for Special Class I. Check your Gold and Fish Pamphlet for details. Hooray for summer!
Turning to other matters, I have added a link to the Northwest Mining Association website under Clubs and Organizations on the right-hand sidebar. Also, the link for the Washington Prospectors Mining Association is still producing gibberish.
Looking ahead, general work times begin June 1 in Benton, Kittitas, San Juan (Is there anyplace to prospect there?), and Yakima Counties as well as on the Columbia and Snake Rivers for Special Class I. Check your Gold and Fish Pamphlet for details. Hooray for summer!
Saturday, April 26, 2008
Mining Reform "Stalled"; Solons Unhappy
According to an article in yesterday's Las Vegas Review-Journal, a collectivist-environmentalist claque of ten anti-mining U. S. Senators (which includes Washington's own Maria Cantwell) has sent a missive to the chairman of the Senate Energy and Natural Resources Committee in an apparent effort to stimulate creation of a Senate version of mining reform legislation similar to the bill (H.R. 2262) passed by the House of Representatives last November. According to the newspaper, the House bill is quite "dead" in the Senate, if not quite buried, and the afore-mentioned solons are most unhappy that their efforts at "mining reform" seem "stalled."
There is some indication in the story that saner heads may prevail in the drafting of a Senate bill.
You can read the article for yourself by clicking on the link above.
We shall see in due course how this all pans out.
There is some indication in the story that saner heads may prevail in the drafting of a Senate bill.
You can read the article for yourself by clicking on the link above.
We shall see in due course how this all pans out.
Tuesday, April 8, 2008
Forest Service Solicits Comments on Proposed Rules for Locatable Minerals Operations
The U.S. Forest Service is soliciting public comments on proposed revisions to the rules regulating locatable minerals operations on National Forest Lands.
According to the Forest Service's notice published in the Federal Register for 25 March 2008, "The revised rule would apply to prospecting, exploration, development, mining and processing operations, and reclamation under the Mining Law of May 10, 1872, as amended."
Comments may be submitted until 27 May 2008.
For full details on the proposed revisions and on how to submit comments, see the entry in the Federal Register here.
According to the Forest Service's notice published in the Federal Register for 25 March 2008, "The revised rule would apply to prospecting, exploration, development, mining and processing operations, and reclamation under the Mining Law of May 10, 1872, as amended."
Comments may be submitted until 27 May 2008.
For full details on the proposed revisions and on how to submit comments, see the entry in the Federal Register here.
Monday, March 31, 2008
Note to my readers:
I will be away from a computer for the next week as a result of which there will be no postings during this time.
I shall make every effort to "catch up" on any pertinent news upon my return.
In the meantime, thank you for your understanding.
I shall make every effort to "catch up" on any pertinent news upon my return.
In the meantime, thank you for your understanding.
Wednesday, March 26, 2008
Back to Square One on New "Gold and Fish" Rules
Washington State's Department of Fish and Wildlife has officially withdrawn the latest proposed mineral prospecting rules in the wake of written comments received from the public.
According to the department's website, WDFW will propose new rules and will be accepting public comments on them as soon as they are published; reportedly "soon".
The pertinent web page may be accessed here and the official letter of withdrawal to the Office of the Code Reviser here.
According to the department's website, WDFW will propose new rules and will be accepting public comments on them as soon as they are published; reportedly "soon".
The pertinent web page may be accessed here and the official letter of withdrawal to the Office of the Code Reviser here.
Monday, March 24, 2008
Pan for Gold at the Beach This Summer?
On 20 March 2008, Governor Gregoire signed SB 6343 into law. This law, which takes effect on 12 June 2008, requires the State Parks and Recreation Commission and the Department of Fish and Wildlife to establish a pilot program to allow small scale prospecting and mining on Washington's ocean beaches beginning 1 July 2008.
The law requires the establishment of at least three demonstration areas located between the southern border of Cape Disappointment State Park and the southern border of the Quinault Indian Reservation. Furthermore, these areas must be 1) located in separate areas along the coast; 2) located in areas suitable for small scale prospecting; and 3) located in areas having minimal potential for damage to the beach environment, birds, shellfish, other beach marine life, fish habitat, and other recreational use.
The law further requires the Department of Fish and Wildlife to issue individual hydraulic project approval permits for small scale prospecting within the demonstration areas. Hopefully, WDFW will provide details on applying for these HPAs in the not too distant future.
The text of the bill as signed into law may be read here.
The law requires the establishment of at least three demonstration areas located between the southern border of Cape Disappointment State Park and the southern border of the Quinault Indian Reservation. Furthermore, these areas must be 1) located in separate areas along the coast; 2) located in areas suitable for small scale prospecting; and 3) located in areas having minimal potential for damage to the beach environment, birds, shellfish, other beach marine life, fish habitat, and other recreational use.
The law further requires the Department of Fish and Wildlife to issue individual hydraulic project approval permits for small scale prospecting within the demonstration areas. Hopefully, WDFW will provide details on applying for these HPAs in the not too distant future.
The text of the bill as signed into law may be read here.
Saturday, March 15, 2008
A Brief Summary of, and Comments on, SB 2750
SB 2750, aka the Abandoned Mine Reclamation Act of 2008, would bring a number of changes to the general mining laws that should be of concern to small-scale and recreational miners.
Like its predecessor in the House, HB 2262, SB 2750 would apply to "any mining claim...located under the general mining laws, before, on, or after the date of enactment of this Act". This means that placer claims, as well as lode claims, would fall under its control. Also, this act would apply to existing claims as well as to new ones.
Also like HB 2262, "production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act...shall be subject to a royalty of 8 percent of the gross income from mining." In any event, "(t)he royalty...shall be 4 percent in the case of any Federal land that is subject to an operations permit on the date of the enactment of this Act; and produces valuable locatable minerals in commercial quantities on the date of enactment of this Act."
One unfortunate aspect of this proposed legislation is that it makes the claim owner responsible for any "theft (of) the locatable minerals, concentrates or products derived therefrom which are produced or stored on a mining claim," although the act does not specify what penalty, if any, would be exacted from the victim of such a crime.
Also, as with HB 2262, SB 2750 requires "any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate." No mention here, at least, of forest rangers or police officers stopping motorists on the public highway to search their vehicles for "undocumented" minerals as was the case with HB 2262.
SB 2750 would also impose significant record keeping requirements on the claim holder who "shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section." The claim owner must also cooperate with any demand for an audit of his records and that "(f)ailure by a claim holder, operator, or other person...to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim."
As a claim owner, your mining-related records are also subject to audit "at reasonable times and upon request," and the Secretary shall "have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person."
Furthermore, if you accidentally dump your sluice box or tip your dredge into the river, you shall be "liable for royalty on all locatable minerals, concentrates, or products...lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this Act...." There is no mention of how one would go about determining the value of any minerals so "lost or wasted."
In addition to the above provisions, the act would increase the annual maintenance fee to $300 per claim. If you have 10 or fewer claims and do the required assessment work, you can still qualify for the familiar "small miner exemption" and avoid paying the $300 fee. The act also imposes a $50 per claim location fee and a $100 per claim transfer fee. All of these fees are slated for increases to keep up with inflation, as and when the Secretary sees fit.
The above pretty much sums up this bill as far as it would apply to the small-scale and recreational miner. My main problems with this proposed legislation are:
1. It treats placer mining the same as lode (or "hardrock") mining when the two are entirely different in terms of the deposits they exploit, the methods used to extract the minerals, and the impact they have on the environment. Although billed as an "abandoned mine reclamation act", it appears blind to the fact that the abandoned mines in need of reclamation are lode mines, not placer mines.
2. It contains no exemption for small-scale and recreational miners and, as such, threatens to render these activities impractical even though they do not and never have contributed to the problems associated with abandoned lode mines.
As small-scale and recreational miners already know, their placer mining activities are already highly regulated at the state level and hardly need new legislative burdens applied; especially when those burdens appear tailored to large-scale commercial "hardrock" operations. Perhaps the congressional sponsors and supporters of the legislation are simply unaware of the thousands of amateur and recreational prospectors and miners and of the local economies that have grown up around providing for their needs?
Perhaps we can enlighten our Congresspersons to our existence and activities so that they do not allow us to get squashed in the gears of their general mining reform legislation? I certainly hope so.
To read the entire text of the proposed bill, visit the link here.
Like its predecessor in the House, HB 2262, SB 2750 would apply to "any mining claim...located under the general mining laws, before, on, or after the date of enactment of this Act". This means that placer claims, as well as lode claims, would fall under its control. Also, this act would apply to existing claims as well as to new ones.
Also like HB 2262, "production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act...shall be subject to a royalty of 8 percent of the gross income from mining." In any event, "(t)he royalty...shall be 4 percent in the case of any Federal land that is subject to an operations permit on the date of the enactment of this Act; and produces valuable locatable minerals in commercial quantities on the date of enactment of this Act."
One unfortunate aspect of this proposed legislation is that it makes the claim owner responsible for any "theft (of) the locatable minerals, concentrates or products derived therefrom which are produced or stored on a mining claim," although the act does not specify what penalty, if any, would be exacted from the victim of such a crime.
Also, as with HB 2262, SB 2750 requires "any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate." No mention here, at least, of forest rangers or police officers stopping motorists on the public highway to search their vehicles for "undocumented" minerals as was the case with HB 2262.
SB 2750 would also impose significant record keeping requirements on the claim holder who "shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section." The claim owner must also cooperate with any demand for an audit of his records and that "(f)ailure by a claim holder, operator, or other person...to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim."
As a claim owner, your mining-related records are also subject to audit "at reasonable times and upon request," and the Secretary shall "have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person."
Furthermore, if you accidentally dump your sluice box or tip your dredge into the river, you shall be "liable for royalty on all locatable minerals, concentrates, or products...lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this Act...." There is no mention of how one would go about determining the value of any minerals so "lost or wasted."
In addition to the above provisions, the act would increase the annual maintenance fee to $300 per claim. If you have 10 or fewer claims and do the required assessment work, you can still qualify for the familiar "small miner exemption" and avoid paying the $300 fee. The act also imposes a $50 per claim location fee and a $100 per claim transfer fee. All of these fees are slated for increases to keep up with inflation, as and when the Secretary sees fit.
The above pretty much sums up this bill as far as it would apply to the small-scale and recreational miner. My main problems with this proposed legislation are:
1. It treats placer mining the same as lode (or "hardrock") mining when the two are entirely different in terms of the deposits they exploit, the methods used to extract the minerals, and the impact they have on the environment. Although billed as an "abandoned mine reclamation act", it appears blind to the fact that the abandoned mines in need of reclamation are lode mines, not placer mines.
2. It contains no exemption for small-scale and recreational miners and, as such, threatens to render these activities impractical even though they do not and never have contributed to the problems associated with abandoned lode mines.
As small-scale and recreational miners already know, their placer mining activities are already highly regulated at the state level and hardly need new legislative burdens applied; especially when those burdens appear tailored to large-scale commercial "hardrock" operations. Perhaps the congressional sponsors and supporters of the legislation are simply unaware of the thousands of amateur and recreational prospectors and miners and of the local economies that have grown up around providing for their needs?
Perhaps we can enlighten our Congresspersons to our existence and activities so that they do not allow us to get squashed in the gears of their general mining reform legislation? I certainly hope so.
To read the entire text of the proposed bill, visit the link here.
Friday, March 14, 2008
HB 2871 Update
The Senate passed a resolution on March 13 returning HB 2871, the bill to decriminalize violations of the state's Gold and Fish Pamphlet, to the House Rules Committee for third reading.
Thursday, March 13, 2008
Son of HR 2262: SB 2750 Introduced in U. S. Senate
Remember HR 2262, the House bill that would have put an 8% royalty on the gross value of any minerals extracted from public lands, among other outrageous enactments? Well, it's back! This time it comes to us in the form of SB 2750: A bill to modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.
This new version of the old abomination was introduced in the Senate yesterday by Senator Dianne Feinstein of California. It has been read twice and referred to the Senate Energy and Natural Resources Committee.
I have only skimmed the text of this proposed measure, but it appears to embody most of the provisions of its predecessor almost verbatim as well as imposing higher fees for locating and maintaining unpatented claims.
To read the text as published in the Congressional Record, visit the link here and scroll about halfway down the page. There you will find Senator Feinstein's introduction followed by the text of the bill.
The current status of SB 2750 can be found here and an RSS feed for updates here.
I figure this is another bill we all need to keep a close watch on while sending comments to the appropriate parties.
This new version of the old abomination was introduced in the Senate yesterday by Senator Dianne Feinstein of California. It has been read twice and referred to the Senate Energy and Natural Resources Committee.
I have only skimmed the text of this proposed measure, but it appears to embody most of the provisions of its predecessor almost verbatim as well as imposing higher fees for locating and maintaining unpatented claims.
To read the text as published in the Congressional Record, visit the link here and scroll about halfway down the page. There you will find Senator Feinstein's introduction followed by the text of the bill.
The current status of SB 2750 can be found here and an RSS feed for updates here.
I figure this is another bill we all need to keep a close watch on while sending comments to the appropriate parties.
Tuesday, March 11, 2008
SB 6343 Update
The beach mining bill, SB 6343, which was passed by the House on March 5, signed by the President of the Senate on March 6 and by the Speaker of the House on March 10, was delivered to the Governor this morning.
More news after it happens.
More news after it happens.
Wednesday, March 5, 2008
One Down; One to Go
Senate Bill 6343 - Authorizing small scale prospecting and mining in certain areas - passed the House today 96 to nothing. Next stop: the governor's desk.
We now await progress on HB 2871, the bill to decriminalize Gold and Fish Pamphlet violations.
Stay tuned.
We now await progress on HB 2871, the bill to decriminalize Gold and Fish Pamphlet violations.
Stay tuned.
Tuesday, March 4, 2008
More Progress on SB 6343
SB 6343 - the beach placer mining bill - was placed on second reading by the House Rules Committee today.
The link for this bill is here.
The link for this bill is here.
Friday, February 29, 2008
Update on the Bills in the Legislature
SB 6343 - the beach mining bill - emerged from the House Committee on Agriculture & Natural Resources today and was passed to the Rules Committee for its second reading.
HB 2871 - the bill to reduce Gold and Fish Pamphlet penalties - was in the executive session of the Senate Committee on Natural Resources and Ocean & Recreation yesterday morning. No word yet on exactly what action was taken.
Check up on these bills for yourself at SB 6343 and HB 2871. You may find something I've missed.
HB 2871 - the bill to reduce Gold and Fish Pamphlet penalties - was in the executive session of the Senate Committee on Natural Resources and Ocean & Recreation yesterday morning. No word yet on exactly what action was taken.
Check up on these bills for yourself at SB 6343 and HB 2871. You may find something I've missed.
WPMA Link Down?
The link to the Washington Prospectors Mining Association web site is currently producing a page full of gibberish. I'm going to leave it up until the situation gets clarified one way or another.
Division of Geology and Earth Resources Launches New Web Site
Washington State's Division of Geology and Earth Resources has launched a new web site at a new address: http://www.dnr.wa.gov/AboutDNR/Divisions/GER/. The old addresses which begin with http://www.dnr.wa.gov/geology/ are no longer valid.
The sidebar link on this page has already been updated.
Wednesday, February 20, 2008
Further Progress on the Two State Mining Bills
HB 2871, the bill to decriminalize violations of the Gold and Fish Pamphlet, is scheduled for a public hearing in the Senate Committee on Natural Resources and Ocean & Recreation at 1:30 PM. on Monday, February 25th in Senate Hearing Room 2, J.A. Cherberg Building.
SB 6343, the bill to create a pilot program to examine the impacts of small scale mineral prospecting on coastal areas, had its first reading in the House today and was referred to the House Committee on Agriculture & Natural Resources. In what appears rapid progress, the bill is scheduled for two hearings: the first is a public hearing in Agriculture & Natural Resources at 1:30 PM on February 25th in House Hearing Room B, John L. O'Brien Building; the second an executive session in the same committee at 8:00 AM on the 27th and in the same room.
It appears that those interested in attending both public hearings on Monday the 25th will have to figure out a way to be in two locations at the same time; a neat trick if they can do it!
Stay tuned as the legislative follies continue.
Click these links for the latest on HB 2871 and SB 6343.
SB 6343, the bill to create a pilot program to examine the impacts of small scale mineral prospecting on coastal areas, had its first reading in the House today and was referred to the House Committee on Agriculture & Natural Resources. In what appears rapid progress, the bill is scheduled for two hearings: the first is a public hearing in Agriculture & Natural Resources at 1:30 PM on February 25th in House Hearing Room B, John L. O'Brien Building; the second an executive session in the same committee at 8:00 AM on the 27th and in the same room.
It appears that those interested in attending both public hearings on Monday the 25th will have to figure out a way to be in two locations at the same time; a neat trick if they can do it!
Stay tuned as the legislative follies continue.
Click these links for the latest on HB 2871 and SB 6343.
Monday, February 18, 2008
SB 6343 Clears the State Senate
SB 6343, which has been revised for 1st Substitute: Creating a pilot program to examine the impacts of small scale mineral prospecting on coastal areas, passed the State Senate today by a vote of 45 to 3 and is on its way to the House. Text of the substitute bill may be found here. Details of the vote and the latest information on this bill may be found at the website here.
Friday, February 15, 2008
Two Mining Bills Continue to Progress Through the State Legislature
HB 2871, the bill to decriminalize violations of Washington State's Gold and Fish Pamphlet, had its first reading in the State Senate today and was referred to the Senate Committee on Natural Resources, Ocean & Recreation.
Meanwhile, SB 6343, the bill to authorize limited small-scale placer mining on some Washington ocean beaches, was placed on second reading today by the Senate Rules Committee.
Meanwhile, SB 6343, the bill to authorize limited small-scale placer mining on some Washington ocean beaches, was placed on second reading today by the Senate Rules Committee.
Thursday, February 14, 2008
Mining Bills Progressing Through State Legislature
HB 2871, the bill to decriminalize violations of Washington State's Gold and Fish Pamphlet, passed the House yesterday by a vote of 96 to 0. Details are available on the Legislature's website. The bill is now headed for action by the state Senate.
SB 6343, the Senate measure to permit limited placer mining on some of Washington's ocean beaches on a trial basis, was made eligible to be placed on second reading yesterday as well. Details can be found here.
More posts will follow as developments warrant.
SB 6343, the Senate measure to permit limited placer mining on some of Washington's ocean beaches on a trial basis, was made eligible to be placed on second reading yesterday as well. Details can be found here.
More posts will follow as developments warrant.
Tuesday, February 12, 2008
HB 2871 Update
HB 2871, the bill to decriminalize violations of Washington State's Gold and Fish Pamphlet, was placed on second reading by the Rules Committee today.
You can follow the action here: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2871#0.
Or wait for further updates to be posted on this blog.
You can follow the action here: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2871#0.
Or wait for further updates to be posted on this blog.
Friday, February 8, 2008
Weekend Report on the two Mining Bills in the State Legislature
There are two mining bills working their way through the Washington State Legislature. One is HB 2871 (sponsored by Representatives Kretz and McCune) which would decriminalize violations of the State Department of Fish and Wildlife's Gold and Fish Pamphlet. Under current law, a violation of the Pamphlet's provisions is punishable as a gross misdemeanor. As the law now stands, merely using a gold pan at the wrong time of year or in the wrong place could lead to a criminal conviction. HB 2871 would reduce such a violation to a civil transgression known as a "Natural Resources Infraction." On February 5th the Agriculture & Natural Resources Committee of the House passed HB 2871 to the Rules Committee for its second reading.
The other bill, SB 6343 (sponsored by Senators Morton, Carrell, and Roach), would allow small-scale placer mining in selected locations on Washington's ocean beaches. Under current law, any such mining is prohibited. On February 7th the Natural Resources, Ocean & Recreation Committee of the Senate voted to pass a substitute bill to the Rules Committee for second reading.
The next step for both of these bills is for the respective Rules Committees to place the bills on the second reading of the calendar for debate before the entire body of the respective branches of the Legislature. At the second reading, each bill is then subject to debate and amendment before being placed on the third reading calendar for final passage. After passage, each bill would be sent to the opposite chamber of the Legislature to go through the entire process again. Once both chambers of the legislature have agreed upon, passed, and the leaders signed the same version of the bill, the bill then goes to the Governor for signature. The entire process is explained in detail here.
We shall keep a mindful eye on the progress of these two items.
The other bill, SB 6343 (sponsored by Senators Morton, Carrell, and Roach), would allow small-scale placer mining in selected locations on Washington's ocean beaches. Under current law, any such mining is prohibited. On February 7th the Natural Resources, Ocean & Recreation Committee of the Senate voted to pass a substitute bill to the Rules Committee for second reading.
The next step for both of these bills is for the respective Rules Committees to place the bills on the second reading of the calendar for debate before the entire body of the respective branches of the Legislature. At the second reading, each bill is then subject to debate and amendment before being placed on the third reading calendar for final passage. After passage, each bill would be sent to the opposite chamber of the Legislature to go through the entire process again. Once both chambers of the legislature have agreed upon, passed, and the leaders signed the same version of the bill, the bill then goes to the Governor for signature. The entire process is explained in detail here.
We shall keep a mindful eye on the progress of these two items.
Friday, February 1, 2008
Update on WDFW's Proposed Prospecting Rules
In the ongoing saga to revise Washington's small-scale prospecting and mining regulations, commonly known as the "Gold and Fish Pamphlet", we observe that WDFW now has the following notice posted on it's web page:
WDFW has extended the deadline for accepting written comments on the rules until further notice.
The good news here is: we all have more time to study the proposed rules and submit comments.
In news relating to the Fish and Wildlife Commission meeting scheduled for tomorrow, WDFW is asking the Commission to "Delay the presentation of the proposed rules and the public hearing to a future date." According to a "Green* Sheet" from WDFW, this situation came about as a result of "significant discontent about the proposed rules not only among members of the prospecting community, but also among those prospectors that sat on the workgroup." This "discontent" was evidenced at the four public workshops and in the comments received by WDFW. The "Sheet" goes on to state that "Prospectors have expressed significant dissatisfaction with proposed work windows, numerous specific work requirements, and in the rule development process itself. Because of this, Habitat Program is delaying presentation of the proposed rules to the Commission until outstanding issues can be resolved."
It does indeed sound like the mining community is making itself heard.
* Interesting choice of word.
WDFW has extended the deadline for accepting written comments on the rules until further notice.
The good news here is: we all have more time to study the proposed rules and submit comments.
In news relating to the Fish and Wildlife Commission meeting scheduled for tomorrow, WDFW is asking the Commission to "Delay the presentation of the proposed rules and the public hearing to a future date." According to a "Green* Sheet" from WDFW, this situation came about as a result of "significant discontent about the proposed rules not only among members of the prospecting community, but also among those prospectors that sat on the workgroup." This "discontent" was evidenced at the four public workshops and in the comments received by WDFW. The "Sheet" goes on to state that "Prospectors have expressed significant dissatisfaction with proposed work windows, numerous specific work requirements, and in the rule development process itself. Because of this, Habitat Program is delaying presentation of the proposed rules to the Commission until outstanding issues can be resolved."
It does indeed sound like the mining community is making itself heard.
* Interesting choice of word.
Update on HB 2871 - Regarding penalties for small scale prospecting and mining violations
HB 2871, the bill to reduce the penalty for a Gold and Fish Pamphlet violation from a gross misdemeanor to a natural resources (civil) infraction, is scheduled for executive session in the House Committee on Agriculture & Natural Resources at 1:30 PM on Monday, February 4th (subject to change - as always).
To keep up with the progress of this bill yourself, visit the Washington State Legislature's web page here.
To keep up with the progress of this bill yourself, visit the Washington State Legislature's web page here.
Sunday, January 27, 2008
This Week in Hearings
There are two public hearings this week which are of interest to the prospecting and mining community:
1. January 30
Agriculture & Natural Resources - 01/30/08 8:00 AM - Full Committee
House Hearing Rm B
John L. O'Brien Building
Olympia, Washington
Of interest is the fourth item on the agenda, namely HB 2871 - Regarding penalties for small scale prospecting and mining violations.
This bill, if passed, would reduce the penalty for a Gold and Fish Pamphlet violation from a gross misdemeanor to a "natural resources infraction."
If you plan on attending, be advised that parking is a major problem and you should probably plan on taking the shuttle to the building.
The meeting agenda is available here: http://www.leg.wa.gov/house/committees/agnr/agendas/
2. February 2
Washington Fish and Wildlife Commission
February 1-2, 2008, Commission Meeting
Natural Resources Building
1111 Washington St. SE
First Floor, Room 172
Olympia, Washington
Of interest here is item number 11 on the agenda (scheduled as the fourth item on Saturday right after the break), namely MINERAL PROSPECTING (a.k.a. “GOLD AND FISH”) REGULATION PROPOSALS UPDATE – BRIEFING.
The meeting agenda is available here: http://wdfw.wa.gov/com/feb0208.htm
The more prospectors and miners who attend these meetings the better for the small-scale mining community in Washington State. If you cannot attend these meetings, please contact the members of the Agriculture & Natural Resources Committee to express your support for HB 2871 and the Fish & Wildlife Commission to comment on the proposed rule changes for mineral prospecting. And remember, you can still send comments regarding the rule changes to WDFW until March.
1. January 30
Agriculture & Natural Resources - 01/30/08 8:00 AM - Full Committee
House Hearing Rm B
John L. O'Brien Building
Olympia, Washington
Of interest is the fourth item on the agenda, namely HB 2871 - Regarding penalties for small scale prospecting and mining violations.
This bill, if passed, would reduce the penalty for a Gold and Fish Pamphlet violation from a gross misdemeanor to a "natural resources infraction."
If you plan on attending, be advised that parking is a major problem and you should probably plan on taking the shuttle to the building.
The meeting agenda is available here: http://www.leg.wa.gov/house/committees/agnr/agendas/
2. February 2
Washington Fish and Wildlife Commission
February 1-2, 2008, Commission Meeting
Natural Resources Building
1111 Washington St. SE
First Floor, Room 172
Olympia, Washington
Of interest here is item number 11 on the agenda (scheduled as the fourth item on Saturday right after the break), namely MINERAL PROSPECTING (a.k.a. “GOLD AND FISH”) REGULATION PROPOSALS UPDATE – BRIEFING.
The meeting agenda is available here: http://wdfw.wa.gov/com/feb0208.htm
The more prospectors and miners who attend these meetings the better for the small-scale mining community in Washington State. If you cannot attend these meetings, please contact the members of the Agriculture & Natural Resources Committee to express your support for HB 2871 and the Fish & Wildlife Commission to comment on the proposed rule changes for mineral prospecting. And remember, you can still send comments regarding the rule changes to WDFW until March.
Thursday, January 24, 2008
State House Committee to Hold Hearing on HB 2871
The Washington State House Committee on Agriculture & Natural Resources has scheduled a hearing on HB 2871 - Regarding penalties for small scale prospecting and mining violations. The hearing is set for 8:00 AM on January 30, although the time and date are subject to change.
For further details and pertinent links, see my earlier post here.
Once again, I would urge you to contact members of the appropriate committee and recommend passage. If possible, please attend the public hearing as well.
For further details and pertinent links, see my earlier post here.
Once again, I would urge you to contact members of the appropriate committee and recommend passage. If possible, please attend the public hearing as well.
HR 2262 Appears Stalled After Hearing
The Hardrock Mining and Reclamation Act of 2007, HR 2262, was the subject of a U. S. Senate Committee on Energy and Natural Resources hearing this morning. Following the hearing, the Committee issued a press release which states in part:
"While the House of Representatives has already passed legislation that would change the Mining Law, (U. S. Senator Pete) Domenici indicated that he believes the Senate should start with a clean slate and produce bipartisan legislation that can pass Congress and be signed into law."
Apparently, the beast is down for now but not altogether out as Congress goes back to the drawing board. In what form it may be reborn I shall not venture to guess, but urge everyone to keep a wary eye out.
For my part, I shall strive to keep you posted on future developments.
"While the House of Representatives has already passed legislation that would change the Mining Law, (U. S. Senator Pete) Domenici indicated that he believes the Senate should start with a clean slate and produce bipartisan legislation that can pass Congress and be signed into law."
Apparently, the beast is down for now but not altogether out as Congress goes back to the drawing board. In what form it may be reborn I shall not venture to guess, but urge everyone to keep a wary eye out.
For my part, I shall strive to keep you posted on future developments.
Wednesday, January 23, 2008
Deadline Extended for Comments on New Rules
Word along the stream bank is that the deadline for submitting comments on the new small-scale placer mining rules drafted by the Washington Department of Fish and Wildlife has been extended until March. Apparently, the comments sent in so far and the reception the proposed rules received at the public meetings have resulted in an extension of the process. More workgroup meetings are planned starting in March to work out the differences between WDFW and the miners. Meetings with the Fish and Wildlife Commission are to follow.
The bottom line here is: KEEP THOSE COMMENTS COMING!
To reiterate, you can find the text of the proposed rules here. As before, I urge you to study and comment on these proposed rules. Comments should be mailed to Lisa Wood, Washington Department of Fish and Wildlife, 600 Capitol Way N, Olympia, WA 98501-1091; FAXed to Lisa Wood at (360) 902-2946; or emailed to SEPADesk@dfw.wa.gov.
In addition, I recommend you send copies of your comments to the Commission. Their address is: Washington Fish and Wildlife Commission, 600 Capitol Way North, Olympia, WA 98501-1091; FAX: 360-902-2448; email: commission@dfw.wa.gov. Also, the Resources Coalition has requested copies of all comments.
The WDFW webpage with information on the proposed rules is: http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm.
The Commission's homepage is: http://wdfw.wa.gov/com/comintro.htm.
The bottom line here is: KEEP THOSE COMMENTS COMING!
To reiterate, you can find the text of the proposed rules here. As before, I urge you to study and comment on these proposed rules. Comments should be mailed to Lisa Wood, Washington Department of Fish and Wildlife, 600 Capitol Way N, Olympia, WA 98501-1091; FAXed to Lisa Wood at (360) 902-2946; or emailed to SEPADesk@dfw.wa.gov.
In addition, I recommend you send copies of your comments to the Commission. Their address is: Washington Fish and Wildlife Commission, 600 Capitol Way North, Olympia, WA 98501-1091; FAX: 360-902-2448; email: commission@dfw.wa.gov. Also, the Resources Coalition has requested copies of all comments.
The WDFW webpage with information on the proposed rules is: http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm.
The Commission's homepage is: http://wdfw.wa.gov/com/comintro.htm.
Tuesday, January 22, 2008
Hearing on HR 2262 Scheduled for Thursday
The United States Senate Committee on Energy & Natural Resources has scheduled a full committee hearing on House Resolution 2262 (see post below) for Thursday, January 24 at 9:30 AM Eastern Standard Time.
According to the Committee website, "The purpose of this oversight hearing is to receive testimony on Reform of the Mining Law of 1872."
Further information on the hearing, including lists of witnesses slated to testify, can be found by following the links at http://energy.senate.gov/public/index.cfm?FuseAction=Home.Home.
A live webcast of this hearing should also be available at the "Live Webcast" link on the Committee page linked above.
According to the Committee website, "The purpose of this oversight hearing is to receive testimony on Reform of the Mining Law of 1872."
Further information on the hearing, including lists of witnesses slated to testify, can be found by following the links at http://energy.senate.gov/public/index.cfm?FuseAction=Home.Home.
A live webcast of this hearing should also be available at the "Live Webcast" link on the Committee page linked above.
Monday, January 21, 2008
CLAIMHOLDERS BEWARE: HR 2262 Is a Legislative Nightmare
House Resolution 2262 is without a doubt the worst piece of mining legislation I have yet to see. Passed by the House of Representatives on November 1, 2007, and now under consideration by the Senate Committee on Energy and Natural Resources, HR 2262 is a model of tyranny the mining community can ill afford to ignore.
Space here does not permit a full exposition of the horrors contained in this legislation. A quick read-through of the bill was enough to convince me that if this act is not defeated, we may all be finished as miners, not just in Washington but anywhere in the U.S.
A few examples should suffice to show you what I'm talking about (emphasis supplied by me):
Although billed as the "Hardrock Mining and Reclamation Act of 2007", the "Act" applies to all mining claims, placer as well as lode:
SEC. 3. APPLICATION RULES.
(a) IN GENERAL.—This Act applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, before, on, or after the date of enactment of this Act, except as provided in subsection (b).
First comes the general money-grabbing provision which provides the justification for all that follows:
SEC. 102. ROYALTY.
(a) RESERVATION OF ROYALTY.—
(1) IN GENERAL.—Except as provided in paragraph (2) and subject to paragraph (3), production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act, or mineral concentrates or products derived from locatable minerals from any such mining claim, as the case may be, shall be subject to a royalty of 8 percent of the gross income from mining.
Note that this "royalty" is skimmed off the top; i.e. before any deductions for expenses incurred in producing the minerals. For small-scale miners, who almost without exception operate at a net loss, this royalty amounts to another direct hit in the pocketbook. But wait, it gets worse:
(4) The Secretary* may by rule require any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate.
(*Note: Unless otherwise qualified, the term "Secretary" refers to the Secretary of the Interior.)
Okay, people. Better make sure your papers are "in order" because, as you'll see next, they aren't kidding:
(d) ENTRY AND ACCESS.—Without advance notice and upon presentation of appropriate credentials, the Secretary, or for National Forest System lands the Secretary of Agriculture, or any authorized representative thereof—
(1) shall have the right of entry to, upon, or through the site of any claim, mineral activities, or any premises in which any records required to be maintained under this Act are located;
and
(4) may, on any mining claim located under the general mining laws and maintained in compliance with this Act, and without advance notice, stop and inspect any motorized form of transportation that such Secretary has probable cause to believe is carrying locatable minerals, concentrates, or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such locatable minerals, concentrates, or products derived therefrom as required by law, if such documentation is required under this Act; and
(5) may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying locatable minerals, concentrates, or products derived therefrom from a claim site on Federal lands or allocated to such claim site. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this Act.
Please note that this legislation does not deem that any warrants are necessary for these "inspections." Apparently, you can simply be pulled over on the highway while traveling through a National Forest if some "law enforcement officer" takes a notion that you might have some black sand concentrates from your sluice box or dredge on board. And woe unto you if you lack the required "documentation".
Meanwhile, back at the National Headquarters for the Advancement of Tyranny (Congress), the minions of Darkness have crafted the following sweeping powers:
(d) AUDITS.—The Secretary is authorized to conduct such audits of all claim holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person.
This section seems to mean that if, for example, you sell a gold nugget from your claim to a jeweler, both you and the jeweler (as well as the jeweler's customers) would be subject to "such audits" as both are "persons directly or indirectly involved in the production or sales of minerals covered by this Act". And I'm betting that "reasonable" in the above paragraph is as determined by some government official and not necessarily agreed to by the parties being "audited".
Okay, take a deep breath boys and girls, 'cause here's another one for the books:
(f) TEMPORARY CESSATION OF OPERATIONS.—(1) An operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period greater than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit.
This section represents the perfect "can't win" situation: You're in violation of the law if you mine and in violation of the law if you don't. For example, if the Gold and Fish Pamphlet prevents you from working your claim for a period "greater then 180 days", you would need to obtain approval from the appropriate "Secretary" in order to remain in compliance with the law, or else work in violation of the Gold and Fish Pamphlet. Does WDFW seek to, and in many cases actually keep you from working your claims for longer than 180 days at a stretch? You know the answer to that one as well as I do!
And as if all that's not enough, they just keep coming:
SEC. 306. FINANCIAL ASSURANCE.
(a) FINANCIAL ASSURANCE REQUIRED.—(1) After a permit is issued under this title and before any exploration or operations begin under the permit, the operator shall file with the Secretary, or for National Forest System lands the Secretary of Agriculture, evidence of financial assurance payable to the United States. The financial assurance shall be provided in the form of a surety bond, a trust fund, letters of credits, government securities, certificates of deposit, cash, or an equivalent form approved by such Secretary.
In other words, "How shall I make thee pay? Let me count the ways..."
But wait, they're not finished milking you yet:
SEC. 502. USER FEES.
(a) IN GENERAL.—The Secretary and the Secretary of Agriculture may each establish and collect from persons subject to the requirements of this Act such user fees as may be necessary to reimburse the United States for the expenses incurred in administering such requirements. Fees may be assessed and collected under this section only in such manner as may reasonably be expected to result in an aggregate amount of the fees collected during any fiscal year which does not exceed the aggregate amount of administrative expenses referred to in this section.
Putting it another way, they not only want to take your gold and leave you the shaft, they want you to pay them their expenses for doing it.
Now, in case I've inadvertently given you the impression that this act is thoroughly and lopsidedly evil, I must in all fairness point out that they do allow you to challenge their actions in court, to wit:
(b) JUDICIAL REVIEW.—(1) Any final action by the Secretaries of the Interior and Agriculture in promulgating regulations to implement this Act, or any other final actions constituting rulemaking to implement this Act, shall be subject to judicial review ONLY IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA.
There you have it, folks. They want to require miners, who for the most part reside and operate in the West, to travel nearly 3000 miles to have their "day in court". And, moreover, in a venue that is particularly alien - if not hostile - compared to the one in which they reside.
As I mentioned at the beginning of this article, I only did a quick reading of this bill and these are the points that jumped out at me. Actually, there were a lot of other points that "jumped out" as well, but I wanted to keep this piece short enough that you would feel inclined to finish it. And out of deference to the gastronomic sensitivities of my readers.
For those of you whose digestive systems are up to it, the full 99 page "Thing From The District of Corruption" can be found at http://thomas.loc.gov/home/c110query.html. Under "Enter Search", select "Bill Number" from the drop-down box and enter "HR 2262" (without quotes) in the box to the right. Then click the "SEARCH" button at the bottom of the form. This action will take you to a page which shows all the current versions of the bill from which you may select the latest, or any other, as you choose.
Or you can simply contact your Senators by selecting your State in the upper right-hand corner at http://www.senate.gov/ and urge them to vote "NO!" on this most anti-American piece of legislation.
In my opinion, anyway.
Space here does not permit a full exposition of the horrors contained in this legislation. A quick read-through of the bill was enough to convince me that if this act is not defeated, we may all be finished as miners, not just in Washington but anywhere in the U.S.
A few examples should suffice to show you what I'm talking about (emphasis supplied by me):
Although billed as the "Hardrock Mining and Reclamation Act of 2007", the "Act" applies to all mining claims, placer as well as lode:
SEC. 3. APPLICATION RULES.
(a) IN GENERAL.—This Act applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, before, on, or after the date of enactment of this Act, except as provided in subsection (b).
First comes the general money-grabbing provision which provides the justification for all that follows:
SEC. 102. ROYALTY.
(a) RESERVATION OF ROYALTY.—
(1) IN GENERAL.—Except as provided in paragraph (2) and subject to paragraph (3), production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act, or mineral concentrates or products derived from locatable minerals from any such mining claim, as the case may be, shall be subject to a royalty of 8 percent of the gross income from mining.
Note that this "royalty" is skimmed off the top; i.e. before any deductions for expenses incurred in producing the minerals. For small-scale miners, who almost without exception operate at a net loss, this royalty amounts to another direct hit in the pocketbook. But wait, it gets worse:
(4) The Secretary* may by rule require any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate.
(*Note: Unless otherwise qualified, the term "Secretary" refers to the Secretary of the Interior.)
Okay, people. Better make sure your papers are "in order" because, as you'll see next, they aren't kidding:
(d) ENTRY AND ACCESS.—Without advance notice and upon presentation of appropriate credentials, the Secretary, or for National Forest System lands the Secretary of Agriculture, or any authorized representative thereof—
(1) shall have the right of entry to, upon, or through the site of any claim, mineral activities, or any premises in which any records required to be maintained under this Act are located;
and
(4) may, on any mining claim located under the general mining laws and maintained in compliance with this Act, and without advance notice, stop and inspect any motorized form of transportation that such Secretary has probable cause to believe is carrying locatable minerals, concentrates, or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such locatable minerals, concentrates, or products derived therefrom as required by law, if such documentation is required under this Act; and
(5) may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying locatable minerals, concentrates, or products derived therefrom from a claim site on Federal lands or allocated to such claim site. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this Act.
Please note that this legislation does not deem that any warrants are necessary for these "inspections." Apparently, you can simply be pulled over on the highway while traveling through a National Forest if some "law enforcement officer" takes a notion that you might have some black sand concentrates from your sluice box or dredge on board. And woe unto you if you lack the required "documentation".
Meanwhile, back at the National Headquarters for the Advancement of Tyranny (Congress), the minions of Darkness have crafted the following sweeping powers:
(d) AUDITS.—The Secretary is authorized to conduct such audits of all claim holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person.
This section seems to mean that if, for example, you sell a gold nugget from your claim to a jeweler, both you and the jeweler (as well as the jeweler's customers) would be subject to "such audits" as both are "persons directly or indirectly involved in the production or sales of minerals covered by this Act". And I'm betting that "reasonable" in the above paragraph is as determined by some government official and not necessarily agreed to by the parties being "audited".
Okay, take a deep breath boys and girls, 'cause here's another one for the books:
(f) TEMPORARY CESSATION OF OPERATIONS.—(1) An operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period greater than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit.
This section represents the perfect "can't win" situation: You're in violation of the law if you mine and in violation of the law if you don't. For example, if the Gold and Fish Pamphlet prevents you from working your claim for a period "greater then 180 days", you would need to obtain approval from the appropriate "Secretary" in order to remain in compliance with the law, or else work in violation of the Gold and Fish Pamphlet. Does WDFW seek to, and in many cases actually keep you from working your claims for longer than 180 days at a stretch? You know the answer to that one as well as I do!
And as if all that's not enough, they just keep coming:
SEC. 306. FINANCIAL ASSURANCE.
(a) FINANCIAL ASSURANCE REQUIRED.—(1) After a permit is issued under this title and before any exploration or operations begin under the permit, the operator shall file with the Secretary, or for National Forest System lands the Secretary of Agriculture, evidence of financial assurance payable to the United States. The financial assurance shall be provided in the form of a surety bond, a trust fund, letters of credits, government securities, certificates of deposit, cash, or an equivalent form approved by such Secretary.
In other words, "How shall I make thee pay? Let me count the ways..."
But wait, they're not finished milking you yet:
SEC. 502. USER FEES.
(a) IN GENERAL.—The Secretary and the Secretary of Agriculture may each establish and collect from persons subject to the requirements of this Act such user fees as may be necessary to reimburse the United States for the expenses incurred in administering such requirements. Fees may be assessed and collected under this section only in such manner as may reasonably be expected to result in an aggregate amount of the fees collected during any fiscal year which does not exceed the aggregate amount of administrative expenses referred to in this section.
Putting it another way, they not only want to take your gold and leave you the shaft, they want you to pay them their expenses for doing it.
Now, in case I've inadvertently given you the impression that this act is thoroughly and lopsidedly evil, I must in all fairness point out that they do allow you to challenge their actions in court, to wit:
(b) JUDICIAL REVIEW.—(1) Any final action by the Secretaries of the Interior and Agriculture in promulgating regulations to implement this Act, or any other final actions constituting rulemaking to implement this Act, shall be subject to judicial review ONLY IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA.
There you have it, folks. They want to require miners, who for the most part reside and operate in the West, to travel nearly 3000 miles to have their "day in court". And, moreover, in a venue that is particularly alien - if not hostile - compared to the one in which they reside.
As I mentioned at the beginning of this article, I only did a quick reading of this bill and these are the points that jumped out at me. Actually, there were a lot of other points that "jumped out" as well, but I wanted to keep this piece short enough that you would feel inclined to finish it. And out of deference to the gastronomic sensitivities of my readers.
For those of you whose digestive systems are up to it, the full 99 page "Thing From The District of Corruption" can be found at http://thomas.loc.gov/home/c110query.html. Under "Enter Search", select "Bill Number" from the drop-down box and enter "HR 2262" (without quotes) in the box to the right. Then click the "SEARCH" button at the bottom of the form. This action will take you to a page which shows all the current versions of the bill from which you may select the latest, or any other, as you choose.
Or you can simply contact your Senators by selecting your State in the upper right-hand corner at http://www.senate.gov/ and urge them to vote "NO!" on this most anti-American piece of legislation.
In my opinion, anyway.
Thursday, January 17, 2008
Fish & Wildlife Commission Vote on New Prospecting Rules Canceled
The vote at the Fish and Wildlife Commission rule adoption hearing scheduled for February 2, 2008 has been canceled. Instead of voting on whether to adopt the new prospecting and mining rules proposed by the Department of Fish and Wildlife, the Commission will receive a briefing from WDFW. The meeting agenda for Saturday, February 2, states:
MINERAL PROSPECTING (a.k.a. “GOLD AND FISH”) REGULATION PROPOSALS UPDATE – BRIEFING:
Department staff will brief the Commission on the status of developing proposed amendments to WAC rules regulating mineral prospecting activities while protecting fish and wildlife habitat. The amended rules, once finalized and adopted, will be published in a new “Gold and Fish pamphlet.”
Staff Report:
Perry Harvester, Region 3 Habitat Program Manager; and
Pat Chapman, Regulatory Services Coordinator, Habitat Program
Apparently, the change in the agenda came about as a result of the comments received by WDFW regarding the proposed rules and from the input they received at the four public meeetings which concluded January 16 in Mill Creek.
At this point, the entire rule revision process appears to be up in the air. I understand that representatives of the mining community will be present at the commission meeting to video record WDFW's presentation to the Commissioners.
Details on the Commission meeting are:
February 1-2, 2008, Commission Meeting
Natural Resources Building
1111 Washington St. SE
First Floor, Room 172
Olympia, Washington
The Fish and Wildlife Commission's home page is http://wdfw.wa.gov/com/comintro.htm.
The link for the meeting calendar is http://wdfw.wa.gov/com/meetings.htm where you will find links to the agendas for the upcoming meetings.
If you can possibly attend the February 2 meeting, please do so.
MINERAL PROSPECTING (a.k.a. “GOLD AND FISH”) REGULATION PROPOSALS UPDATE – BRIEFING:
Department staff will brief the Commission on the status of developing proposed amendments to WAC rules regulating mineral prospecting activities while protecting fish and wildlife habitat. The amended rules, once finalized and adopted, will be published in a new “Gold and Fish pamphlet.”
Staff Report:
Perry Harvester, Region 3 Habitat Program Manager; and
Pat Chapman, Regulatory Services Coordinator, Habitat Program
Apparently, the change in the agenda came about as a result of the comments received by WDFW regarding the proposed rules and from the input they received at the four public meeetings which concluded January 16 in Mill Creek.
At this point, the entire rule revision process appears to be up in the air. I understand that representatives of the mining community will be present at the commission meeting to video record WDFW's presentation to the Commissioners.
Details on the Commission meeting are:
February 1-2, 2008, Commission Meeting
Natural Resources Building
1111 Washington St. SE
First Floor, Room 172
Olympia, Washington
The Fish and Wildlife Commission's home page is http://wdfw.wa.gov/com/comintro.htm.
The link for the meeting calendar is http://wdfw.wa.gov/com/meetings.htm where you will find links to the agendas for the upcoming meetings.
If you can possibly attend the February 2 meeting, please do so.
Two Small-Scale Mining Bills Before the State Legislature
Two pieces of legislation affecting small-scale mineral prospecting and mining are under consideration by the Washington State Legislature.
The first of these bills is SB 6343 - Authorizing small scale prospecting and mining in certain areas.
Among other provisions, this bill would authorize limited placer mining on Washington's ocean beaches.
The history and current status of SB 6343 is:
Jan 15 - First reading, referred to Natural Resources, Ocean & Recreation.
Jan 21 - Scheduled for public hearing in the Senate Committee on Natural Resources and Ocean Recreation at 1:30 PM. (Subject to change).
Senators Morton, Carrell, and Roach are the sponsors.
You can read the text of SB 6343 here: SB6343.
You can contact the members of the Natural Resources, Ocean & Recreation Committee through the links here: NROR.
The second bill is HB 2871 - Regarding penalties for small scale prospecting and mining violations.
HB 2871 would reduce the penalty for violating the rules published in the gold and fish pamphlet from a "gross misdemeanor (criminal offense)" to a "natural resources (civil) infraction."
Current status of HB 2871 is: Jan 17 - First reading, referred to Agriculture & Natural Resources.
Sponsors of HB 2871 are Representatives Kretz and McCune.
The text of HB 2871 is available here: HB2871.
The members of the Agriculture & Natural Resources Committee can be reached through the links on this page: AGNR.
Both of these bills would improve the situation for small-scale miners in Washington State so I would urge you to contact members of the appropriate committees and recommend passage.
The first of these bills is SB 6343 - Authorizing small scale prospecting and mining in certain areas.
Among other provisions, this bill would authorize limited placer mining on Washington's ocean beaches.
The history and current status of SB 6343 is:
Jan 15 - First reading, referred to Natural Resources, Ocean & Recreation.
Jan 21 - Scheduled for public hearing in the Senate Committee on Natural Resources and Ocean Recreation at 1:30 PM. (Subject to change).
Senators Morton, Carrell, and Roach are the sponsors.
You can read the text of SB 6343 here: SB6343.
You can contact the members of the Natural Resources, Ocean & Recreation Committee through the links here: NROR.
The second bill is HB 2871 - Regarding penalties for small scale prospecting and mining violations.
HB 2871 would reduce the penalty for violating the rules published in the gold and fish pamphlet from a "gross misdemeanor (criminal offense)" to a "natural resources (civil) infraction."
Current status of HB 2871 is: Jan 17 - First reading, referred to Agriculture & Natural Resources.
Sponsors of HB 2871 are Representatives Kretz and McCune.
The text of HB 2871 is available here: HB2871.
The members of the Agriculture & Natural Resources Committee can be reached through the links on this page: AGNR.
Both of these bills would improve the situation for small-scale miners in Washington State so I would urge you to contact members of the appropriate committees and recommend passage.
Wednesday, January 9, 2008
Deadline Nears for Comments on New Rules
The deadline for submitting comments on the new small-scale placer mining rules drafted by the Washington Department of Fish and Wildlife is January 23. You can find the text of the proposed rules here. Comments should be mailed to Lisa Wood, Washington Department of Fish and Wildlife, 600 Capitol Way N, Olympia, WA 98501-1091; FAXed to Lisa Wood at (360) 902-2946; or emailed to SEPADesk@dfw.wa.gov.
In the meantime WDFW is hosting two more public workshops at which they will "describe the proposed rules to those attending so that they can make informed written comment to WDFW or verbal comment to the Commission during the rule adoption hearing in early February." Dates and times of the remaining workshops are:
If you are a placer miner or prospector I urge you to study and comment on these proposed rules. In general, the work windows for in-stream dredging and sluicing have been either drastically shortened or started in the late Summer or Fall and extended through the Winter months while other rules are what I can only describe as "crazy". When you submit comments to WDFW, I think it would be a good idea to also submit a copy directly to the Commission. Their address is: Washington Fish and Wildlife Commission, 600 Capitol Way North, Olympia, WA 98501-1091; FAX: 360-902-2448; email: commission@dfw.wa.gov. Also, the Resources Coalition has requested copies of all comments.
The WDFW webpage with this information is: http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm.
The Commission's homepage is: http://wdfw.wa.gov/com/comintro.htm.
In the meantime WDFW is hosting two more public workshops at which they will "describe the proposed rules to those attending so that they can make informed written comment to WDFW or verbal comment to the Commission during the rule adoption hearing in early February." Dates and times of the remaining workshops are:
- January 15, 2008 - WDFW Regional Office, 2108 Grand Boulevard, Vancouver, WA, 7-9 pm
- January 16, 2008 - WDFW Regional Office, 16018 Mill Creek Boulevard, Mill Creek, WA, 7-9 pm
If you are a placer miner or prospector I urge you to study and comment on these proposed rules. In general, the work windows for in-stream dredging and sluicing have been either drastically shortened or started in the late Summer or Fall and extended through the Winter months while other rules are what I can only describe as "crazy". When you submit comments to WDFW, I think it would be a good idea to also submit a copy directly to the Commission. Their address is: Washington Fish and Wildlife Commission, 600 Capitol Way North, Olympia, WA 98501-1091; FAX: 360-902-2448; email: commission@dfw.wa.gov. Also, the Resources Coalition has requested copies of all comments.
The WDFW webpage with this information is: http://wdfw.wa.gov/hab/goldfish/mineral_prospect.htm.
The Commission's homepage is: http://wdfw.wa.gov/com/comintro.htm.
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