Washington State Miner

Tom

It appears that WDFW is undertaking to amend the mineral prospecting rules that went into effect only last year. And it further appears that they have been doing so intentionally under the radar of the small-scale prospecting and mining community.

This information comes from a somewhat widely shared email from Bill Thomas of the Resources Coalition dated May 17, 2010. Here is a summary of the situation quoted from the email:

WDFW has been meeting with NMFS and USFWS bi-weekly Since December revising the rules
WDFW filed the CR-101 (intent to conduct rule making) on Feb 23, 2010
A set of the proposed changes as of 1/27/10 can be seen in document -010. There are some absurd changes being proposed, Looks like the 1999 Green book all over again and changing dates on some streams and making some "submit application".
WDFW has scheduled a meeting for members of the Mineral Prospecting Rules Development Work Group for June 2, 2010. They plan on telling what the changes will be & why. They MAY take some of our comments, then File the CR-102 which will identify the proposed rules and open public comment.
WDFW Director has suggested that the Commission ADOPT the rules the same day as they hear public testimony. Given the time requirements for public comments after filing of the CR-102, the earliest this can happen is August.

Were they implemented,the proposed changes to the rules appearing in the document linked in the third bullet-point above would seriously impair the ability of small-scale prospectors and miners to carry out exploration and development work along state watercourses. To counter the adoption of these new rules, Bill Thomas advocates contacting our legislators. To facilitate this undertaking, he has provided a sample letter together with supporting documentation which can be copied, pasted, and adapted by each individual to suit their own needs. This document, which is in .doc format and can be opened and modified with any text editor, is quite educational reading in its own right. The link to it is here.

If you need help identifying your Washington State legislators, please visit the link here and fill in your address information in the boxes at the top of the page. Contacting our legislators needs to happen sooner rather than later as WDFW seems to have put this revision effort on the fast track.

Tom

According to an item in the Seattle PI, Senate Majority Leader Harry Reid of Nevada says Congress won't have time to consider mining reform legislation this year.

It would therefore appear that legislation such as H.R. 699, the "Hardrock Mining and Reclamation Act of 2009," is going nowhere for at least the time being.

Read the article at the link here.

Tom

For those who are interested, the Washington Division of Geology and Earth Resources has published:

Information Circular 110. Inactive and abandoned mine lands—Republic mining district, Ferry County, Washington, by F. E. Wolff, D. T. McKay, and D. K. Norman. 41 p. (Available online at http://www.dnr.wa.gov/Publications/ger_ic110_iaml_republic_mining_dist.pdf [74 MB].)

This publication is, of course, free for the taking.

Tom

For those of you following the slow-motion train wreck of our ability to peacefully work our claims free of theft-under-color-of-law, first substitute SB 6448 has been passed to the Rules Committee for a second reading by executive action taken in the Senate Committee on Ways & Means at 1:30 p.m. yesterday. (See link here.)

And so it continues.

Tom

Angel Lund, a reader of this blog, sends the following:

I see that the SB 6448 is not effective until July 1, 2010.

May I suggest that everyone apply for a least 1JARPA for a HPA before then (no cost).

Also I am willing to help anyone needing help filling out their JARPA and I am willing to send copies of my JARPA applications(Slate Creek, Chiwawa River, and Blewett area) to anyone who would like one.

Please pass this along as appropriate.

Sincerely,

Angel Lund
eastwaangel@yahoo.com

Thanks to Angel for this offer of assistance with JARPAs. Let us hope also that we can prevent SB 6448 from ever becoming "effective."

Tom

As reported in an earlier post here, Substitute SB 6448 was referred to the Senate Ways & Means Committee. This committee has scheduled a public hearing on the bill for Monday, February 8, at 1:30 p.m. Unfortunately, the notice I received did not say where the meeting would be. In the past, this committee has met in Senate Hearing Rm 4 of the J.A. Cherberg Building in Olympia. The committee's phone number is 360-786-7715 for anyone who wants to and can attend this meeting to get the location.

This is very short notice which I received only minutes ago causing me to think dark thoughts as the agenda for Senate Ways & Means came out on the 5th and announced a meeting on the 8th for 3:30 p.m. with no specific bill to be discussed.

Grrr.

Tom

As reported in yesterday's post here, the Senate Natural Resources, Ocean & Recreation Committee recommended that a substitute version of SB 6448 (see posts here, here, and here on the original bill) be passed and referred to Ways & Means. This has now been done.

The substitute bill appears much as described in the Senate Bill Report discussed in yesterday's post linked above. The full text of the substitute is now available at the link here as well as at a link in the "Legislative Alerts" section of the right-hand sidebar of this page.

Although mining projects authorized under the Gold & Fish pamphlet would not (for now) require a fee, the minimum proposed fees for mineral prospecting activities not covered by the pamphlet would be $250 (application submittal fee) + $275 (permit processing fee) = $525. (See pages 14 and 15 of the bill text for details.)

In my opinion this is still a bad bill for the miners and, if passed, poised to become a worse one in future incarnations.

Tom

The Washington Division of Geology and Earth Resources has announced the availability of a large variety of geologic data via online access. For details, here is the email I received from them on this subject:

The Washington State Department of Natural Resources, Division of Geology and Earth Resources (DGER), is happy to announce that our complete series of Annual Reports (AR), Bulletins (B), Geologic Maps (GM), Information Circulars (IC), Reports of Investigations (RI), and Open File Reports (OFR) are now available online in PDF format. These join our Digital Reports (DR), Field Trip Guides (FTG), and Resource Maps (RM) series that were already available online.

All of our online publications may be accessed through our Publications List at http://www.dnr.wa.gov/Publications/ger_publications_list.pdf. Look for the blue link(s) at the end of each publication listing.

Publications are organized by series in the publications list. Some types of publications, such as geologic maps, occur in several series and may be hard to locate this way. We are developing indexes to make geologic publications easier to find. For example, we have developed a index of geologic mapping of 7.5-minute topographic quadrangles from all sources (not just DGER), which includes a graphical index on a map of Washington, a list of maps by sorted by quadrangle name, and a list of maps by author (citation). Find this index at http://www.dnr.wa.gov/Publications/ger_24k_mapping_status.pdf. Links to online publications, where known, are included. This index will be updated as we are made aware of new mapping.

Look for more DGER publications to be posted online soon!

When I clicked on the first link in the email, a .pdf file downloaded to my computer. This file is a 32 page catalog of geologic publications. Included are many out-of-print documents such as this item on page 5:

6. Geology and ore deposits of the Blewett mining district, by C. E. Weaver. 1911. 104 p., 10 pl., 1 fig. [ONLINE] Out of print

Clicking on the [ONLINE] link in the catalog listing downloads a copy of the bulletin as a .pdf file.

The second link in the email leads to an 11 page .pdf document that shows available geologic quadrangle maps and provides links, similar to those in the publications catalog, that download a copy of the associated map.

All in all, there is a tremendous amount of free information here that should prove useful to those who like to research the geology and mineral resources of an area before they go into the field.

Happy prospecting!

Tom

In an executive session at 8:00 a.m. this morning, the Senate Natural Resources, Ocean & Recreation Committee issued a majority report that a substitute version of SB 6448 (see posts here, here, and here) be passed and referred to the Committee on Ways and Means.

I have not been able to find the actual text of this substitute bill but, according to the "Senate Bill Report" issued today, the proponents of this legislation have backed down on the levying of a fee for the Gold and Fish pamphlet. The pertinent statements are (emphasis added):

Exempts from the fees activities conducted under: the Family Forest Fish Passage Program; a pamphlet permit for removing and controlling noxious weeds or small scale prospecting and mining; and an approved forest practices permit. (page 2)

and

exempts from HPA fees pamphlet permits, Family Forest Fish Passage Projects, and activities conducted under an approved forest practices permit; (page 3)

Horrendous fees would apparently still apply to individual HPAs.

Even with these changes, this bill is still a camel's nose under the tent in that future circumstances could always be called upon to "justify" extending the fees to pamphlet permits in the interests of some misguided concept of "fairness."

Also of note on pages 3 and 4 of the report were names of the persons testifying on the original bill at the public hearing on January 20: in favor -- one person from the Governor's office and two from WDFW; against -- nine people (including five representing pro-mining organizations).

You can download and read this report for yourself from the links here and (less directly) here.

Tom

Three bills of interest to miners are scheduled for a public hearing on February 2 at 1:30 pm before the House Full Committee on Agriculture & Natural Resources in House Hearing Room B of the John L. O'Brien Building in Olympia.

Two of these bills have already been discussed on this blog: HB 2597 which would abolish the HPA process entirely (see here, here, and here) and HB 3037 which is a companion bill to SB 6448 and would, among other horrendous things, impose a $100 fee for the Gold & Fish pamphlet (see here and here).

The third bill is HB 2974 which would make some modifications to the enforcement provisions of chapter 77.55 RCW. The meat of this proposed legislation is contained in the following wording:

NEW SECTION. Sec. 1. A new section is added to chapter 77.55 RCW to read as follows:
(1) Concurrent with the initiation of an enforcement action under RCW 77.15.300, 77.55.291, or any other provision of this chapter, and within existing resources, the department must provide the person against whom an enforcement action is being taken with a statement of violation prepared consistent with the requirements of this section.
(2) Any statement of violation prepared under this section must include, at a minimum, the following contents:
(a) A detailed explanation of how the offending project is causing harm to fish life;
(b) Evidence of individual fish actually being harmed by the project, if any, including any documentation of instances of fish mortality linked to the project; and
(c) A signature by a department biologist confirming that the biologist has personally and physically investigated the impacts of the project and attests to the accuracy of the information contained in the statement of violation.
(3) The department may not pursue enforcement against any individual for a violation of this chapter that arises after the effective date of this section unless the statement of violation is provided at the time of the initiation of the enforcement action.

The apparent purpose of this bill is to require enforcement agents to produce evidence of actual harm that has occurred to fish as the result of a project instead of the current system which seems to work along the lines of "we're fining you because we think what you're doing might harm fish." Such a change would be a step in the right direction although it will do little to mitigate the damage to prospecting and mining that will occur if something along the lines of HB 3037/SB 6448 becomes law.

HB 2974 has a substantial number of sponsors in Representatives Orcutt, Herrera, Taylor, McCune, Klippert, Pearson, Kretz, Warnick, and Johnson. You can track progress of this bill at the link here. You can find the text of HB 2974 at the link here and in a link in the Legislative Alerts section of the right-hand sidebar of this blog.

Tom

I hate to be the bearer of bad news, but SB 6448, the senate bill that would require us to pay a fee of $100 every five years for the priviledge of panning for gold or other minerals (not to mention higher fees for applying for permission to engage in other small-scale mining operations as presented in a previous post), now has a "companion" bill in the state house of representatives: HB 3037.

This latest effort in support of plundering the small-scale miners of Washington state was undertaken by Representatives Jeannie Darneille, (D - Tacoma and Majority Caucus Vice Chair); Dave Upthegrove (D - Kent); Hans Dunshee (D - Lake Stevens); and Zachary Hudgins (D - Seattle and Majority Floor Leader).

I have not read the entire text of this bill (doing so makes me ill) but looking it over it appears to be a near carbon copy of SB 6448. For those who are interested, the document can be accessed at the link in the first paragraph above as well as in .pdf form at the link here and in the "Legislative Alerts" section of the right-hand sidebar of this blog.

Both of these companion bills seem to be getting the big push while HB 2597, which would abolish the whole HPA process, seems to have gotten the shove. Government has to rob somebody to pay for all the wonderful "servicing" we enjoy and it looks like this time our mis-representatives intend for it to be the miners. Unless we can make enough noise to scare the jackels off.

More as it becomes available.

Tom

As if to prove the truth of Judge Gideon J. Tucker's observation that "No man's life, liberty or property are safe while the legislature is in session," Senator Ken Jacobsen (D-Seattle) has introduced SB 6448. This particular piece of legislative perversity has a number of "features" that should prove both perplexing and dismaying to the small-scale mining community. A brief summary follows:

Things get going on page 4 with the definition:

(14) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; concentrators; and minirocker boxes for the discovery and recovery of minerals.

This definition sort of leaves the status of dredges, highbankers, mini-highbankers and even spiral wheels in limbo.

Page 10 discloses that Section 6 permit fees will take effect on July 1 as per the schedule on page 11:

$100 for a "Pamphlet permit," which fee must be paid every five years.
$250 for an "Application submittal," plus up to
$5,250 for a "Permit processing fee."
$150 for a "Permit modification."

In case there's any doubt, the language on page 15 makes it clear that these fees apply to small-scale mining and prospecting operations:

(4) Permittees conducting activities under authority of pamphlets issued under this section (Sec. 10. RCW 77.55.091 and 2005 c 146 s 402 - Tom) must possess proof of payment of any applicable fees required by section 6 of this act.

Page 10 also discloses that

Unlawfully undertaking hydraulic project activities is a gross misdemeanor.

The civil penalties for daring to dig the queen's gold without proper authorization are described on pages 12 and 13:

Sec. 8. RCW 77.55.291 and 2005 c 146 s 701 are each amended to read as follows:

(1)(a) The department may levy civil penalties of up to one hundred dollars per day ((for violation of any provisions of RCW 77.55.021)) when a person:

(i) Constructs any form of hydraulic project or performs other work on a hydraulic project and fails to have a hydraulic project approval required under this chapter for such construction or work;
(ii) Violates any requirements or conditions of the hydraulic project approval for the construction or work;
(iii) Fails to pay applicable application submittal or permit processing fees within thirty days of receipt of expedited permits or the written follow-up to emergency oral approvals under RCW 77.55.021;35 or
(iv) Violates any rule adopted under RCW 77.55.021, 77.55.081,2 77.55.091, or section of this act that identifies the time, manner, locations, methods, or other conditions under which an activity is approved or not approved.

This bill is scheduled for a public hearing before the full Natural Resources, Ocean & Recreation Committee on 1/20/2010 at 8:00 A.M. in Senate Hearing Room 2 of the J. A. Cherberg Building in Olympia. (In the meantime, HB 2597, discussed in posts here, here, and here and beneficial to miners, languishes in the House Agriculture and Natural Resources Committee.)

Current information on SB 6448 is available at the link near the top of this post. You may also download a .pdf copy of SB 6448 at the link here and at the link in the right-hand sidebar in the "Legislative Alerts" section of this blog.