More Geologic Maps Available

The Washington State Department of Natural Resources, Geology and Earth Resources Division, has announced the publication of geologic maps for the Brinnon and Eldon quadrangles.  The announcement provided the following details:

Map Series 2012-02. Geologic map of the Brinnon 7.5-minute quadrangle, Jefferson and Kitsap Counties, Washington, by Michael Polenz, Eleanor Spangler, L. A. Fusso, D. A. Reioux, R. A. Cole, T. J. Walsh, Recep Cakir, K. P. Clark, J. H. Tepper, R. J. Carson, Domenico Pileggi, and S. A. Mahan. 2012. 42 x 36 in. color plate, scale 1:24,000, with 47 p. text. [http://www.dnr.wa.gov/Publications/ger_ms2012-02_geol_map_brinnon_24k.zip] [23.7 MB]

Map Series 2012-03. Geologic map of the Eldon 7.5-minute quadrangle, Jefferson, Kitsap, and Mason Counties, Washington, by T. A. Contreras, Eleanor Spangler, L. A. Fusso, D. A. Reioux, Gabriel Legorreta Paulin, P. T. Pringle, R. J. Carson, E. F. Lindstrum, K. P. Clark, J. H. Tepper, Domenico Pilegg, and S. A. Mahan. 2012. 42 x 36 in. color plate, scale 1:24,000, with 60 p. text. [ http://www.dnr.wa.gov/Publications/ger_ms2012-03_geol_map_eldon_24k.zip] [77.2 MB]

These publications are available free online. A limited number have been plotted and will be sold through the Washington Department of Enterprise Services for $23.01.

Those wishing to purchase a hard copy as mentioned above should, "(o)rder through the Washington State Department of Enterprise Services (http://www.prt.wa.gov/) Online Ordering Options. Select “MyFULFILLMENT”, sign in, select “Natural Resources (Geology Division)” under Fulfillment (by Agency). Publications are organized by series, and listed prices include shipping and handling; follow the website instructions to complete your purchase."

Resurrecting Dracula: Mining Royalties Bill in the News -- Again

The print edition of The Wenatchee World for Thursday, December 13, carried an article on page B7 titled, "1872 law still saving miners from paying public-land royalties."  (The online version of the article was available at the time of writing at the link here.)

The focus of this article, which is attributed to the Chicago Tribune, is an unspecified piece of legislation co-sponsored by Arizona Representative Raul M. Grijalva (D) that would require those who mine hard-rock deposits of gold, silver, copper and other minerals to pay a royalty of 12.5% to "fix" what the paper quotes Grijalva as calling, "this big hole in the federal government's revenue stream."

A search of the Chicago Tribune website failed to turn up the exact article appearing in the World, although there were several pieces on the subject.  A search of THOMAS turned up one bill dealing with mining that was co-sponsored by Representative Grijalva: H.R.3446, Fair Payment for Energy and Mineral Production on Public Lands Act.

Introduced over a year ago, on November 16, 2011 by Massachusetts Representative Edward J. Markey (D), H.R.3446 is very much like H.R.2262 and its ilk reported on by this writer in 2008-9 here, here, here, and here.  A re-reading of the main points of H.R.2262 presented in the aforementioned posts would do much to educate the reader regarding H.R.3446, the principal difference being the latter's imposition of a 12.5% royalty rate on all mines as opposed to the earlier bills' rates of 4% for existing mines and 8% for new ones.

Below is this writer's summary of some of the noteworthy provisions of H.R.3446, together with the pertinent sections, derived from a cursory scan of the bill's text:

1.  Casual use, which is exempted in the bill, includes hand panning and non-motorized sluicing - SEC. 502. (a)(4)(B) but not suction dredging - SEC. 502. (a)(4)(C).

2.  Establishes a royalty of 12.5% of the gross income from mining - SEC. 511. (a)(1).

3.  Requires recordkeeping - SEC. 511. (c) and establishes audits - SEC. 511. (d).

4.  Penalties for failure to comply with the royalty requirements are the same as under the Federal Oil and Gas Royalty Management Act - SEC. 511. (k).

5.  Specifies which lands are open to mineral location - SEC. 521. (a) and which are not - SEC. 521.  (b).

6.  Requires permits for other than casual use mineral activities - SEC. 532.

7.  Requires a permit for exploration - SEC. 533.

8.  Requires a permit for operation - SEC. 534.

9.  Requires the posting of "financial assurance" payable to the United States for reclamation - SEC. 536.

10.  Establishes "user fees" for mineral activities - SEC. 542.

11.  Establishes inspection and monitoring requirements - SEC. 543.

12.  Judicial review of regulations implementing this bill may only be made in "the United States Court of Appeals for the District of Columbia." - SEC. 545. (b)(1).

13.  Penalties for violations of permit requirements or regulations are up to $25,000 per violation per day - SEC. 546. (d)(1) and $1,000 per violation per day for failing to correct a violation - SEC. 546.  (2).

14.  Federal agents may without notice enter any premises to inspect records - SEC. 552. (d)(1) and may stop and inspect any vehicle suspected of carrying locatable minerals whether on a mining claim - SEC. 552. (4) or off - SEC. 552. (5).

Like the earlier legislative proposals, this one is claimed by its proponents to target the hard-rock mining operations of the large corporations while in reality sweeping all mineral activities except the most miniscule so-called "recreational" placer mining into its maw.

Equally fallacious is the claim by Representative Grijalva that the income to the federal government generated by this legislation would constitute a "fix" for a "big hole" in the government's revenue take.  The World article quotes a GAO report to the effect that "the sales value of hard-rock minerals from federal land (was estimated) to be about $6.41 billion in fiscal year 2011."  Applying 12.5% of this putative $6.41 billion to the government's acknowledged $16.3 trillion debt is equivalent to a man with a $100,000 mortgage making an additional annual payment of $4.92.

Rather than solve the federal governments budget crisis, passage of H.R.3446 would render almost all small-scale mining operations cost-ineffective, thereby increasing unemployment and economic hardship.  After all, it is not the individual gold miner with his small, gasoline-powered dredge who is responsible for the economic death-spiral in which this country finds itself; the real culprit is the unconstitutional Federal Reserve system which, over the past 99 years of its existence, has counterfeited away over 95% of the dollar's value and with it the financial well-being of the American people.  Rather than sucking more of the life-blood out of our already sick economy, Representatives Markey, Grijalva, and their cohorts should concern themselves with measures to solve rather than exacerbate our economic problems.  But that, as the saying goes, is another story.

At the time of this writing, H.R.3446 remains in the House Subcommittee on Energy and Mineral Resources.  Interested parties can follow its progress (or, hopefully, lack thereof) here.

For those interested in the text of this legislation, follow the link here.

In addition, the websites of the two representatives mentioned in this story are linked here should anyone wish to contact them with an opinion:  Congressman Raul Grijalva; Congressman Ed Markey.

Oregon Considers Outlawing 'Motorized' Placer Mining

The Oregon Senate Committee on Environment and Natural Resources has scheduled a work session on December 11 for LC 2125, a measure which, if adopted in its present form, would prohibit placer mining "using any form of motorized equipment or motorized dredge."  For violators, the consequences envisioned include a "maximum of one year’s imprisonment, $6,250 fine, or both."

LC 2125 further declares:

SECTION 6. This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage.

For Washington miners who worry about the suffocating hand of government over-regulation in California reaching ever closer to our own region (which worries appear well founded), a link to the appropriate committee agenda may be found here and the text of the measure here.

WSM intends to keep a weather-eye on this matter.

Lake Joy Geologic Map Available

The Washington State Department of Natural Resources, Geology and Earth Resources Division, has announced the availability of a geologic map of the Lake Joy 7.5 minute quadrangle.  The details are:

Map Series 2012-01. Geologic map of the Lake Joy 7.5-minute quadrangle, King County, Washington, by J. D. Dragovich, M. L. Anderson, S. A. Mahan, J. H. MacDonald, Jr., C. P. McCabe, Recep Cakir, B. A. Stoker, N. M. Villeneuve, D. T. Smith, and J. P. Bethel. 2012. Two color plates, 45 x 36 in. and 36 x 48.5 in., scale 1:24,000, with 79 p. text and 1 Microsoft Excel file.

This publication is available free by download from the link below:

 http://www.dnr.wa.gov/Publications/ger_ms2012-01_geol_map_lake_joy_24k.zip

The announcement also states that hard copies may be ordered "through the Washington State Department of Enterprise Services (http://www.prt.wa.gov/) Online Ordering Options. Select 'MyFULFILLMENT', sign in, select 'Natural Resources (Geology Division)' under Fulfillment (by Agency). Publications are organized by series, and listed prices include shipping and handling; follow the website instructions to complete your purchase."

DNR Releases New Version of Washington Interactive Map

The Washington State Department of Natural Resources, Division of Geology and Earth Resources, has announced the release of a new version of the interactive geologic information portal.

Visiting this link:

https://fortress.wa.gov/dnr/geology/?Theme=wigm

takes you to the DNR Viewer Application displaying the Washington Interactive Geologic Map.  Information available on the map includes Surface Geology at various scales, several Seismogenic Features, Ground Response to seismic events, Tsunami inundation areas, Base Layers, a Street Map, and Aerial Imagery.  Map controls allow one to zoom to a chosen geographic area or to latitude and longitude coordinates, find an address, bookmark points of interest, identify features, query layers, draw and measure on the map, download a georeferenced map snapshot, and create a pdf for printing.

Other map themes are available from a drop-down box in the upper left corner of the map page or from this link:

http://www.dnr.wa.gov/ResearchScience/Topics/GeosciencesData/Pages/geology_portal.aspx

DNR reports that the new application runs on ArcGIS Server 10.0 and is more efficient than the previous version.  They also promise further enhancements in the near future including the addition of new themes and utilities.

WSM intends to report on the future enhancements to this tool as they are announced.  In the meantime, take the time to have some fun playing around with this useful system.

Small-scale Miner Wins Victory in Federal Court

At long last a bit of good news for the small-scale mining community.

Thomas E. Tierney, a pick-and-shovel miner in Arizona, was cited by the Forest Service in May of 2011 for failing to obtain a special-use authorization before working his claim.  The Forest Service charged that Tierney's digging had caused significant disturbance of surface resources.

On October 3, 2012, United States Magistrate Judge Charles R. Pyle found Tierney NOT GUILTY of the charges filed against him by the Forest Service.  In his eleven page order, Judge Pyle did a thorough job of demolishing the Forest Service's arguments, and it is for this reason that I am making a pdf file of the decision available at the link below as it contains information and explanations of the law that could prove useful to miners and prospectors who operate on Forest Service lands.

Download and read Judge Pyle's decision in United States of America v. Thomas E. Tierney here:

https://www.box.com/s/yb1y2thkvyutwbzwdv0t

"Miner Dave" Troubles Continue

The South West Oregon Mining Association (SWOMA) reported today that US Forest Service personnel appear to have stolen two camp trailers and other personal property belonging to David "Miner Dave" Everist from his Twin Cedar Placer property on the Sturgis Fork of Carberry Creek in Josephine County, Oregon.

Full details of this latest outrage are available at the SWOMA webpage here.

Everist's previous difficulties with the USFS were the topic of earlier posts here, here, here, and here.

New Washington Geology Publications Available

Washington DNR's Geology and Earth Resources Division has announced the availability of the following publications:

Open File Report 2011-3. Geologic map of the Hoodsport 7.5-minute quadrangle, Mason County, Washington, by Michael Polenz, B. A. Miller, Nigel Davies, B. B. Perry, K. P. Clark, T. J. Walsh, R. J. Carson, and J. F. Hughes. 2012. 33 x 36 in. color sheet, scale 1:24,000, with 18 p. text. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-3_geol_map_hoodsport_24k.zip [16.9 MB].)

Open File Report 2011-4. Analytical data from the Hoodsport 7.5-minute quadrangle, Mason County, Washington—Supplement to Open File Report 2011-3, by Michael Polenz, B. A. Miller, Nigel  Davies, B. B. Perry, J. F. Hughes, K. P. Clark, T. J. Walsh, J. H. Tepper, and R. J. Carson. 2012. 42 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-4_hoodsport_supplement.pdf  [7 MB].)

Open File Report 2011-5. Geologic map of the Holly 7.5-minute quadrangle, Jefferson, Kitsap, and Mason Counties, Washington, by T. A. Contreras, S. A. Weeks, K. M. D. Stanton, B. W. Stanton, B. B. Perry, T. J. Walsh, R. J. Carson, K. P. Clark, and S. A. Mahan. 2012.  37 x 36 in. color sheet, scale 1:24,000, with 13 p. text. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-5_geol_map_holly_24k.zip [14 MB].)

Open File Report 2011-6. Analytical data from the Holly 7.5-minute quadrangle, Jefferson, Kitsap, and Mason Counties, Washington—Supplement to Open File Report 2011-5, by T. A. Contreras,
S. A. Weeks, and B. B. Perry. 2012. 16 p. (Available online at http://www.dnr.wa.gov/
Publications/ger_ofr2011-6_holly_supplement.pdf [7.9 MB].)

Open File Report 2011-7. Washington State School Seismic Safety Pilot Project—Providing safe schools for our students, by T. J. Walsh, J. D. Schelling, and the Washington State Seismic Safety Committee. 2011. 14 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ofr2011-7_school_pilot_project.pdf [8.3 MB].)

Information Circular 113. Loss estimation pilot project for lahar hazards from Mount Rainier, Washington, by Recep Cakir and T. J. Walsh. 2012. 17 p. (Available online at http://www.dnr.wa.gov/
Publications/ger_ic113_mt_rainier_lahar_hazards.pdf  [2.7 MB].) Printed copies may be obtained free of charge from the Washington State Department of Enterprise Services. (See page 3 of the Publications List http://www.dnr.wa.gov/ResearchScience/Topics/GeologyPublicationsLibrary/Pages/pubs.aspx] for ordering instructions.)

Also released are updates of five Tsunami Evacuation Brochures for the Washington Coast: Aberdeen and Hoquiam (15.5 MB), Clallam Bay (17.6 MB), Cosmopolis and South Aberdeen (14.3 MB), La Push (2.4 MB), Lummi Island (4.0 MB), Neah Bay and Vicinity (4.3 MB), and Port Angeles and Vicinity (5.2 MB). (Available online at http://www.dnr.wa.gov/ResearchScience/Topics/GeologyPublicationsLibrary/Pages/tsuevac.aspx.)

For those of you who would like to receive notification of these publications directly, you may subscribe to the GEOLOGY-PUBLICATIONS list at the following link:

 http://listserv.wa.gov/cgi-bin/wa?SUBED1=GEOLOGY-PUBLICATIONS&A=1

House Passes Mining Deregulation Bill

According to an Associated Press story reported here and elsewhere on the Web, House Republicans have "pushed through" a bill, H.R.4402, that would:

...give the federal government discretion to eliminate its environmental reviews of mining projects and accept state reviews instead. It would curtail the time for environmental reviews by limiting the review period to 30 months unless mining companies and the government agreed to an extension.

It would also set a 60-day time limit to file a legal challenge to a mining project, limit injunctions to what is necessary to correct legal requirements and prohibit payment of attorneys' fees, expenses and other costs billed to taxpayers.

The AP article goes on to state that the measure will likely fail in the Democratic-controlled Senate.  Whether that is the case may depend in good part on the actions of the mining community in support of this legislation.

For those interested, the status of H.R.4402 may be monitored by using the search box here, and the text read here.

New 49'ers To Appeal Dredge Ruling To Supreme Court

WSM has learned that The New 49'ers, a prospecting association dedicated to small-scale gold mining and headquartered in California, plans to appeal to the U.S. Supreme Court the recent ruling of the U.S. Ninth Circuit Court of Appeals regarding suction dredge mining in Northern California's Klamath River. (See related post here.)

Successfully prosecuting the appeal will depend in large part on having sufficient funds to pay the attorneys, according to Dave McCracken, Founder and General Manager of The New 49'ers.

Those wishing to help fund the appeal may send checks to:

The New 49'ers
P.O. Box 47
Happy Camp, CA 96039

Donors should write a note on the check that it is for the legal fund.  They will then receive acknowledgement of the donation from The New 49'ers.

This issue is of importance to miners in Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, and Washington, as the Ninth Circuit ruling opens the door for similar rulings in all of the above states.

WSM will continue to update this story as it unfolds. 

California Sheriff Issues Statement Supporting Miners

John D'Agostini, the Sheriff and Coroner of El Dorado County, California, sent the following letter in support of miners to Jerry Hobbs, President of Public Lands for the People.  Mr. Hobbs has requested that this message be forwarded to as many in the mining community as possible.  The complete text follows:

Dear Mr. Hobbs,

The purpose of this letter is to support your efforts to preserve the constitutional, historical and property rights of miners and to provide you with my perspective on the impact that mining and suction dredging restrictions have on the public health and safety in El Dorado County. As you are aware, miners have contributed to the rich and enduring legacy of El Dorado County. It was, after all, the gold rush of 1849, spurred by the discovery of gold in Coloma, El Dorado County that began the rich and prosperous path to California’s statehood. Obviously, miners contributed to the development and economic vitality of our state and many of our local communities.

I am alarmed at recent attacks against the mining industry in El Dorado County and other parts of the state. The studies and science relied upon to support the suction dredging ban in California is flawed at best. All are smattered with statements that suction dredging “may”, “might”, “could”, “is possible”, regarding harm to the environment.

This is not reliable science when other studies in support of suction dredge mining give specific facts that document proof that suction dredge mining cleans rivers and streams of mercury, lead, trash and other harmful substances and actually improves wildlife habitat.

I am also concerned about the constitutionality and legality of the tactics and strategies used to enact and enforce the laws that deny miners their rights to earn a living for themselves and their families. I have observed a consistent imbalance between laws implemented to protect the natural environment and those that impact people. This includes the unreasonable regulations imposed upon the miners of El Dorado County.

The El Dorado County Sheriff’s Office derives most of its revenue for field operations (deputies, management, detectives, professional staff, public safety dispatchers, specialized units, etc.) and jail staff (correctional officers, management, court bailiffs, etc,) from general fund tax dollars. The majority of these tax dollars come from property and sales taxes paid by citizens of El Dorado County.

Regulatory provisions have increased unemployment, reduced the miner’s ability to survive, have eliminated precious tax revenues, threaten businesses, and jeopardize the constitutional rights of our miners. My responsibility to provide law enforcement services to the people of the county is jeopardized by any regulatory enforcement program that reduces our tax base.

I see no evidence that proper coordination and “consistency” has been initiated or achieved pursuant to federal and state law. The implementation of unreasonable environmental policies at the expense of people and jobs adversely impacts wages and tax revenues. Due to the economic decline of traditionally vibrant activities such as mining, El Dorado County has been impacted.

I support our miners and their Constitutional rights. The decline of the mining industry, along with other vital vocations such as timber, farming and ranching is having a negative impact on our economy, traditions, heritages and public health and safety.

Should you have any questions, please contact me at (530) 621-6576

Sincerely,
John D’Agostini
Sheriff ~ Coroner
Public Administrator
cc: Assemblywoman Beth Gaines
Senator Ted Gaines
El Dorado County Board of Supervisors 

Re:
March 14, 2012
Public Lands for the
People
President Jerry Hobbs
3700 Santa Carlotta
St
La Crescenta, CA 91214-1048
http://plp2.org/forums/showthread.php?521-El-Dorado-County-Sheriff-Coroner-support-property-rights-of-miners

Small-Scale Miners Are Not Represented On The Forest Service Advisory Committee

In February I published a post here about the Forest Service seeking applicants for an advisory committee to assist in the implementation of the new Land Management Planning Rule regarding use of the national forests.

It seems the Forest Service has now chosen the members of this committee and, unsurprisingly, the small-scale mining community has been passed over.

According to an email received recently, here is the breakdown of membership on the committee by interest group (emphasis added):

Representing the Public at Large - 2 members
Representing American Indian Tribes - 1 member
Representing Commercial or Recreational Hunting and Fishing - 1 member
Representing Conservation Organizations or Watershed Associations - 3 members*
Representing County or Local Elected Officials - 2 members
Representing Developed Outdoor or Commercial Recreation - 1 member
Representing Dispersed Recreation - 1 member
Representing Energy and Mineral Development - 1 member
Representing National, Regional or Local Environmental Organizations - 2 members**
Representing Private Landowners/Grazing - 2 members
Representing the Scientific Community - 1 menber
Representing State Elected Officials - 1 member
Representing the Timber Industry - 2 members
Representing Youth - 1 member

As the reader can see, conservation and environmental organizations (for all intents and purposes one and the same), the most vociferous foes of small-scale mining, enjoy a combined total of 5 seats on the committee compared to 1 for mining interests.  But it gets worse.  The mining representative is Greg Schaefer, Arch Coal vice president, external affairs, western region, of Gillette, Wyoming.  While I have no reason to think that Mr. Schaefer is anyone other than a fine and upstanding individual, as a coal company executive he is hardly representative of the small-scale precious metals mining community.  While it may be that no one from our community applied for a position on the committee (which would be unfortunate, if true), the author knows of one such individual who contacted him who was interested in doing so.

For those readers interested in seeing which individuals, and the organizations they represent, were selected by the Forest Service, I have uploaded a copy of the email to the link here.

*The Nature Conservancy, Trout Unlimited, Blue Mountains Forest Partners
**The Wilderness Society, Defenders of Wildlife

Federal Court Ruling Threatens Small-Scale Mining

Just as the summer prospecting season approaches, the U.S. Ninth Circuit Court of Appeals has ruled that suction dredge mining may not be undertaken in endangered species habitat without prior approval of federal wildlife officials.

Judge William A. Fletcher, writing for the majority, said federal law required the Forest Service to consult wildlife agencies before approving activity that might harm an imperiled species. The required review will delay approval for mining operations in endangered species habitat in the circuit's nine states.*

Do note that Washington is one of those unfortunate nine states.

For more information on this lamentable development, please see the *Los Angeles Times article here and the MyNorthwest.com article here.

Forest Service Loots Property From Mining Claim

The South West Oregon Mining Association (SWOMA) website contains yet another report of a miner being victimized by "gangster government" in the form of the U.S. Forest Service (USFS).

The miner in this case is Mark Hepfner of Sacramento, California, and the crime is the larceny of his personal property from the Golden Eagle claim which he owns.  A few of the many items stolen include "water pumps, sluice boxes, a wheel barrow, hoses, tools, wet suits, a winch, tents, sleeping bags, air mattresses, stove, pots and pans, coffee pot, tarps, rope, and all the other things that are typically used by a miner."

Complete details regarding this latest outrage may be found at the link here.

The article includes contact information for a list of USFS officials for miners who wish to complain to those responsible for this felonious act and demand that Hepfner's property be returned.  So far, according to the article, the local sheriff's office and the FBI have failed to respond to Hepfner's criminal complaints.

Higher Claim Fees Coming This Year

Via SWOMA comes word from the Northwest Mining Association that BLM is implementing a new fee structure for placer mining claims that would result in substantially higher annual maintenance fees for claims larger than 20 acres.  Instead of paying $140 per claim as in the recent past, holders of unpatented placer claims will have to shell out $140 for each 20 acres or fraction thereof on each claim.  Under this system, a 160 acre association placer claim would incur an annual fee of $1120.  It does appear, however, that the small miner waiver will remain in place, allowing a claim holder with not more than 10 claims to sign a form that eliminates the need to pay the annual fee.

The new fee structure will apply to the maintenance fees due September 1, 2012.

The SWOMA article, linked below, also reports on provisions included in the Obama Administration's Fiscal Year 2013 Budget Report that, if implemented by Congress, would essentially repeal the federal mining laws, effectively leaving miners at the mercy of federal resource management agencies.

For complete details on the above matters, please read the SWOMA article at the link here.

Upcoming Shows for Miners, Prospectors, and Mineral Enthusiasts

As spring heaves into view, various mining and mineral oriented organizations are hosting shows.  Following are the ones I have been able to locate information on:

March 31 & April 1 - Mt. Baker Rock & Gem Club will have their 2012 Gem and Mineral Show at Bloedel-Donovan Park, 2214 Electric Ave., Bellingham, WA on Saturday from 10AM to 6PM and on Sunday from 10AM to 5PM.  There will be a gold panning demonstration among other exhibits, demonstrations, raffles, door prizes, food service, etc.

More information here.

April 21 & 22 - North Central Washington Prospectors will put on their Gold Show at the Chelan County Expo Center in Cashmere, WA.  Prizes and demonstrations of gold recovery techniques and equipment among other things.

More information here or try contacting the club at NCWProspectors(at)gmail.com.

April 21 & 22 - West Seattle Rock Club will host their Rock and Gem Show at the Alki Masonic Temple.  There will be displays of rocks, minerals, fossils, etc. as well as demonstrations of jewelry and lapidary techniques, among other attractions.

More information here.

April 28 & 29 - Gold Prospectors Association of America will have their Gold & Treasure Show at the County Fair & Expo Center in Spokane, WA.  See the latest prospecting equipment, attend seminars, learn to pan, win prizes, etc.

More information here.

May 4, 5 & 6 - Spokane Rock Rollers will fete their 53rd Annual Gem, Mineral and Jewelry Show at the Spokane County Fair & Expo Center in Spokane, WA.  See rock and jewelry displays and meet over 40 dealers selling supplies, rough rock, etc.

More information here.

May 18, 19 & 20 - Lakeside Gem and Mineral Club will host the Northwest Federation of Mineralogical Societies Annual Show at the Benton County Fairgrounds in Kennewick, WA.  There will be exhibits, demonstrations, seminars, and classes.

More information here.

June 2 & 3 - Everett Rock and Gem Club will have their 59th Annual Show at the Everett Soccer Arena at 2201 California St., Everett, WA.  In addition to hourly door prizes, there will be exhibits, demonstrations, raffle drawings, dealers, refreshments, and a silent auction.

More information here.

August 24, 25 & 26 - The NW Miners Rally will take place at Liberty, WA  Expect hands-on demonstrations of placer mining equipment among other happenings.

More information here.

My apologies to any organizations whose shows I missed.

Interactive Geologic Index Map of Washington

While poking around on the Internet, I came across an interactive geologic index map of Washington that may be of use to prospectors.

Called the Washington State Geology Index Map by creator Christopher Heg (whose homepage is here), the map features click-able quadrangles measuring 1 degree of longitude by 30 minutes of latitude which lead to a detailed geologic map of that area.  On the geologic map, each rock type is shown in color.  By clicking on a color, an information bar at the top of the page displays the color, symbol, era, lithology, and named unit or note about the formation.  There are also buttons at the top of the map page to toggle between the geologic map and a color aerial photo of the same area.  In addition, main cities and highways are labeled on both views.

Check out the link above (or in the right-hand sidebar under Resources for Prospectors/MAPPING APPLICATIONS & ONLINE SPATIAL DATA) to explore for yourself.

More Mining Troubles In Oregon

Those of you who have been following the "Miner Dave" saga (see here, here, here, and here) may be chagrined to hear of another Oregon miner who appears to be under attack by agencies of the federal government.  The following is the text of an email I just received from a fellow miner who has provided reliable information in the past:

This is hot off the press and I want it to go viral. My mining partner down in John Day,Oregon called this morning and said he had just gotten a letter from the BLM at John Day and they had given him 90 days to get everything off the claim. This includes two very old cabins. They are over one hundred years old and are part of the antiquities Act. Mark (Pengelly) has had nothing but grief from the BLM since he tried to mine his claim. He has complied with all their wishes up till now and cleaned the area till it looks like a park but they have not backed off one bit. He took out a bond like they wanted  and complied with ever one of their wishes but still they harass him.

He has had many things stolen off the claim, They told him he could not stay in the cabins to protect his property and kicked him out. There has been much vandalism to the claim and I have had personal things of mine stolen off the claim too but they don't patrol for the thieves so we finally got the sheriff to patrol the area. At one time vandals drove their 4x4's through the kitchen and into the living room causing thousands in damage and the Forest Service and BLM did nothing but give lip service. Is this going to happen to all of us that have machinery and cabins on our valid claims??????????????

This act of causing Mark to remove the cabins is a felony in itself and is punishable by a ten year prison sentence and a big fine for destroying two cabins that are part of the Antiquities Act. I am suspecting entrapment by the BLM if Mark does remove them. If he doesn't remove them they are threatening him with doing it themselves and then charging Mark for the removal. Our government has grown rotten to it's very core and we as miners are going to have to put our feet down on this!

Episodes like the one above and the "Miner Dave" story make me wonder how these actions by the USFS and the BLM can possibly be consistent with the "national mining and minerals policy" set forth in §21a of the Mining Law of 1872, as amended:


The Congress declares that it is the continuing policy of the Federal Government in the national interest to foster and encourage private enterprise in...the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries.  (Emphasis added.)

Perhaps someone should remind the heads of the offending agencies of their responsibility to compel their subordinates to obey the law?  And if that reminder be met with a general refusal, are we then to conclude that we are on our own in looking out for ourselves and each other against the depredations of a government gone rogue?

Stay tuned.

More On The "Miner Dave" Arrest

UPDATE --  As of 10:52 PM tonight I now have a link to the segment of the Bill Meyer Show posted on the SWOMA website featuring David Everist: Miner Dave on the Bill Meyer Show

As reported here, Southwest Oregon miner David Everist was arrested at his placer claim by the USFS last Thursday.

The South West Oregon Mining Association (SWOMA) now has a video on their site in which Everist describes the circumstances of his arrest by the USFS:

USFS Terror:  The Illegal Arrest of "Miner Dave"

According to the video, on the evening of Thursday, February 23rd, representatives of the Jefferson Mining District were contacted by Sheriff Gil Gilbertson of Josephine County, Oregon, who told them that he had been informed by a federal agency that a warrant had been issued for the arrest of miner David Everist and that agents were on their way to the Sturgis Fork of Carberry Creek to make the arrest.

On the video, Everist states that he was arrested at his claim by USFS agent Michael Gardiner, in company with three other agents, at about 4:30 to 5:00 on the evening of February 23rd and transported by them to the Jackson County jail. (Note:  According to BLM records, Everist's claim is in Josephine County.)   Everist says the agents told him that they had no warrant for the arrest as it was based on an "informational complaint."

Everist says he was held in jail overnight and taken to federal court on Friday morning. After the arraignment, he was taken back to the jail by Federal Marshals and finally released about noon.  The charge against him is the unauthorized cutting of timber.

In order to be released, Everist said he was "forced" to sign an agreement that he would remove his personal property from his claim within two weeks.  Also, that he could visit his claim but may not stay overnight nor can he mine or prospect there or anywhere within the national forest.  Everist also says that the USFS's main complaint was that he was living on his claim without their permission and without a plan of operations.

Everist was also scheduled to appear on the Bill Meyer Show on Medford, Oregon, radio station KMED 1440 AM at 8:10AM on February 29th to talk about his arrest.  However, I have not yet been able to locate an audio recording of this broadcast.

More as it happens.

Oregon Miner Arrested For Cutting A Tree On His Claim

Following up on my post here, Oregon placer miner David "Miner Dave" Everist was arrested by the USFS late yesterday, according to a mining community source.

The reason stated for his arrest is cutting a tree on his claim while prospecting.  According to the source, Everist was released from jail this morning.  There is also mention of a "Constructive Fraud Suit" against the USFS over the arrest.

More information as this situation develops.

USFS No Show: Oregon Miner Not Arrested

As reported here on Saturday, USFS officials had threatened to arrest Southwest Oregon miner David Everist if they found him still on his placer claim yesterday, Sunday, February 19.  According to a follow-up report (3rd post down by "GoldPatriot" @ 6:20 pm Monday Feb. 20) on the American Mining Law Forum, while they were in the area, USFS personnel failed to show up at Everist's claim to confront him and the "30 to 35" others who were there in response to Everist's request for witnesses to come and document any events.

Please read the post at the link above for the full story (and some promised video to be posted "later").

Ocean Beach Mining Rules Subject Of Public Meeting

As reported here, the Washington State Parks and Recreation Commission and Fish and Wildlife (WDFW) held a public meeting in Montesano, Washington on February 16 to present information on the recently enacted ocean beach mining rules and to hear comments from the public concerning those rules.

According to a source present at the meeting, over one hundred members of the small-scale mining community were present along with about four anti-mining types.  Also present were the head of State Parks (who sided with the miners) and Pat Chapman.

The results of the meeting were that there will be no fee for the beach mining HPA and that work is underway to incorporate the beach mining rules into the Gold and Fish pamphlet.  Until then, however, the separate HPA is still required.  At the moment, that HPA is taking about 45 days to get.

Oregon Gold Miner Faces Possible Arrest On Sunday

I've mentioned the Southwest Oregon Mining Association (SWOMA) before in connection with the subject of mining districts.  I have just learned from the SWOMA website that an Oregon gold miner, David Everist, has been involved in a legal battle with the USFS since 2009 regarding his occupancy of his placer mining claim.  (You may read the full story here:  USFS Terror.)

According to a Global Announcement In Support Of Miner Dave at the American Mining Law Forum, Everist is facing a possible confrontation with USFS personnel this Sunday, February 19. According to the SWOMA article, on February 9 District Ranger Donna Mickley sent FS employees to Everist's clain who served him with a "cease and desist" order and informed him that if he did not leave his claim by February 19 that he would be arrested and that his possessions on the claim would be either sold or destroyed.  Everist has requested that miners and non-miners alike come to his claim with video cameras on the 19th to document any confrontation.

In response to Everist's request, the American Mining Law Forum announcement reports that the Jefferson Mining District is organizing the gathering at the claim.  (See the "Global Announcement" linked above for details.)  Jefferson Mining District Chairman Kerby Jackson is expecting Josephine County Sheriff Gilbertson, among others, to be present also.

Although this event is taking place in Oregon, the USFS also operates in Washington and what they do "down south" they may decide to do "up north" as well.

More on this story as it develops.

Mineral Exploration Draws Environmentalist Attack

An article by Nansen Malin in the NW Daily Marker reports on the efforts of a Portland-based advocacy group called the Gifford Pinchot Task Force to halt mineral exploration on Mount Margaret in Washington's Saint Helens Mining District in Skamania County.

It appears at this point that the exploration activities underway are aimed at determining if there is sufficient economic potential in the deposit to warrant the development of a mine plan.  Needless to say, if the "advocacy" group has its way, any potential for economic benefit from a potential mine will go the way of the potential mine...nowhere.

It is not my intention to regurgitate the NW Daily Marker piece here.  I would prefer that you read it for yourself at this link.

But I will mention that there are two public meetings scheduled at which citizens will have the opportunity to express their feelings and opinions regarding letting the explorations go forward.  Details on the meetings are given in the NW Daily Marker account as follows:

LONGVIEW SCOPING MEETING
Wednesday, Feb. 15, 6:30-8 p.m.
Cowlitz Regional Conference Center (Loowit Room)
1900 seventh Avenue, Longview, WA

MORTON SCOPING MEETING
Thursday, Feb. 16, 6:30-8 p.m.
Lyle Community Center
700 W. Main Street, Morton, WA

If you wish to be heard on this issue, you now know the 'where' and the 'when' to make that happen.

Forest Service Seeks Applicants For Advisory Committee

The U.S. Forest Service is seeking applicants to serve on a committee to assist in the implementation of the new Land Management Planning Rule for use of the national forests.   According to the web page announcing the creation of this committee, its members "will provide advice and recommendations on issues such as planning rule directives for implementation, best practices, effective monitoring practices and ongoing collaboration efforts."

The announcement further states:

The committee will be comprised of up to 21 members with diverse backgrounds, who represent the full range of public interests in management of the National Forest System lands and who represent geographically diverse locations and communities, within each of the following three categories of interests:

Significant for the small-scale mining community is the inclusion in category 3 of "energy and mineral development."  (Emphasis added.)

The small-scale mining and prospecting community could benefit from having a member on this committee not only from that member's efforts on behalf of miners but also from information provided by that member to the community as to what plans are under consideration that could impact mining activities in the national forests.  A sort of early-warning system, if you will, that could give the rest of us the opportunity to mobilize in support of our rights on forest service administered lands.

Persons interested in applying for the committee should take note of the following information, also from the announcement web page linked above:


Nominations must contain a completed application packet that includes the nominee’s name, resume, and completed form AD–755 (Advisory Committee Membership Background Information). The form AD–755 may be obtained here (pdf version), or here (Microsoft Word version), or from the Forest Service contact person.
The 45-day nomination period closes Feb. 21, 2012.
Completed applications sent through express mail should be sent to:
Jessica Call*
USDA Forest Service
National Forest System
Mail Stop 1106
201 14th Street SW.
Washington, DC 20024
Completed applications sent via the U.S. Postal Service must be
sent to:
Jessica Call*
U.S. Department of Agriculture, Forest Service
National Forest System
Mail Stop 1106
1400 Independence Avenue SW.
Washington, DC 20250–1106
 
*Note that the Federal Register notice said that applications should be addressed to Angela Gee.  Any applications addressed to Ms. Gee will be received with no problems, but since Ms. Gee is no longer working on the Planning Rule FACA Committee, the current contact is Jessica Call.  Applications addressed to Ms. Gee will automatically be forwarded to Ms. Call, so either contact name works.

 Other facts to note are:

The 45-day nomination period closes Feb. 21, 2012. Additional details on the committee are available in the Federal Register, or by calling 202-205-0830.

 See the web page linked at the beginning of this post for more information.

Ocean Beach Mining To Be Subject Of Public Meeting

Note:  Due to a computer crash I have been unable to post to this blog for several weeks.  Things are slowly getting straightened out so I hope to be able to update more regularly now.  My apologies for the lengthy absence.

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The Washington State Parks and Recreation Commission together with Fish and Wildlife (WDFW) will hold an open meeting on February 16 at 6:30 P.M. at the Montesano City Hall, 112 N Main Street, Montesano, Washington.

The purposes of the meeting, as set forth in the official announcement, are to "provide information about small-scale beach prospecting rules that were enacted last year to regulate the activity on Washington’s ocean beaches, and to hear public opinions and preferences about those rules."

Questions about this meeting should be directed to " Lisa Lantz, State Parks Acting Stewardship Program Manager, at 360-725-9777."

Previous posts on ocean beach mining in Washington can be found here, here, here, here, here, here, here, here, here, here, here, and here.

A Google Maps map showing the location of the Montesano City Hall is available at the link here.

HPA Fee Bill Introduced in Senate

As reported here and here, the Washington State Legislature is considering legislation that would impose a $150 fee for a Hydraulic Project Approval (HPA) application.

SB 6011 is the companion to HB 2135 that would impose this fee.  Like its House counterpart, the Senate bill was introduced at the request of the Department of Fish and Wildlife by sponsors Ranker, Hargrove and Shin.

SB 6011 had its first reading on January 9 and was referred to the Energy, Natural Resources & Marine Waters committee.  HB 2135 remains in the House Committee on Ways & Means.

It will pay to watch these bills closely as public hearings tend to be scheduled with very little advance notice.

"Unraveling Federal Jurisdiction within a State" - Sheriff Gil Gilbertson

The title of this post is taken from the title of a report written by Josephine County, Oregon Sheriff Gil Gilbertson who has been involved in a "clash" with the U.S. Forest Service regarding the latter agency's law enforcement efforts within his county.  (Sheriff Gilbertson's actions as they relate to the mining community have been mentioned previously on this blog here, here, and here.)

According to Sarah Foster, writing in Oregon Sheriff Gil Gilbertson Continues Stand Against U.S. Forest Service at NWV News, Gilbertson's report is,

... a “must read” for anyone concerned about infringements against the 10th Amendment and federal encroachments in general – like road closures, Wild Lands and Monument designations, mining and other resource uses. In other words, this is for anyone and everybody with an interest – no matter how casual -- in accessing the public lands, either as a “resource user” (a rancher or miner) or simply a casual vacationer who enjoys weekend camping. 

Sections of the report do deal with mining, in particular these paragraphs from page 10:

“Public land” that is disposed by claims under the act of 1872 becomes “Public Domain”. “The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, w(h)ere no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations.” 

The mechanics of what happens to the “public land’ once found to be mineral in character is expressly evidenced in the Organic Act of 1897, that “any public lands embraced within the limits of any forest reservation which…” “…shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain.” By private settlement under various land disposal laws of the United States, such as the Mining Law of 1872, “public land” is restored to the public domain. 
 
The federal agencies have management authority only  over  “public land”,  not privately settled  public domain. The act of location restores the land to public domain and the mining law provides the locator of such segregation “shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations”
 
Federal mining claims are “private property”
 
“but so long as he complies with the provisions of the mining laws his possessory right, for all practical purposes of ownership, is as good as though secured by patent.”

“All mining claims, whether quartz or placer, are real estate. The owner of the possessory right thereto has a legal estate therein with the meaning of ORS 105.005”

Setting the required boundaries of a mining claim literally sets a boundary describing land separate and distinct from agency authority placing the land under the exclusive authority and jurisdiction of the locator. This interest is also stated as case law and Forest Service Manual details.


And in this paragraph from page 11:


No section of the FLPMA (Federal Lands Policy and Management Act - 1976) and, therefore, no Forest Service authority may impair or amend locator’s rights under the act of 1872.  Further that, “no provision of this section or any other section of this Act (FLPMA) shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act, including, but not limited to, rights of ingress and egress” 


To get the full picture of Sheriff Gilbertson's research, one should read the entire 13 page report which is available as a .pdf here:  Unraveling Federal Jurisdiction within a State.