Washington State Miner

Tom

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.

Tom

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.

Tom

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.

Tom

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.

Tom

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.

Tom

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.

Tom

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.

Tom

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.

Tom

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:

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

The Fish and Wildlife Commission's rule adoption hearing is scheduled to be held in Olympia on February 1 and 2.

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.