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.
Friday, February 24, 2012
Monday, February 20, 2012
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").
Please read the post at the link above for the full story (and some promised video to be posted "later").
Sunday, February 19, 2012
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.
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.
Saturday, February 18, 2012
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.
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.
Friday, February 10, 2012
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:
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
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
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.
Thursday, February 9, 2012
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.
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.
Thursday, February 2, 2012
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.
-------------------------------------------------------------------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.
Tuesday, January 10, 2012
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.
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.
Saturday, January 7, 2012
"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.
Tuesday, December 6, 2011
New Publications From WDGER
The Washington Division of Geology and Earth Resources has announced the availability of the following publications:
Open File Report 2011-1. Geologic map of the Monroe 7.5-minute quadrangle, King and Snohomish Counties, Washington, by J. D. Dragovich, M. L. Anderson, S. A. Mahan, C. J. Koger, J. H. Saltonstall, J. H. MacDonald Jr., G. R. Wessel, B. A. Stoker, J. P. Bethel, J. E. Labadie, Recep Cakir, J. D. Bowman, and S. A. DuFrane. 2011. 42 x 36 in. color sheet, scale 1:24,000, with 24 p. text. (Available online only, at http://www.dnr.wa.gov/
Open File Report 2011-2. Analytical data from the Monroe 7.5-minute quadrangle, King and Snohomish Counties, Washington—Supplement to Open File Report 2011-1, by J. D. Dragovich, S. A. Mahan, M. L. Anderson, J. H. MacDonald Jr., G. R. Wessel, S. A. DuFrane, Recep Cakir, J. D. Bowman, and H. A. Littke. 2011. 61 p., 2 plates, and 2 Microsoft Excel files. (Available online only, at http://www.dnr.wa.gov/
Open File Report 2011-1. Geologic map of the Monroe 7.5-minute quadrangle, King and Snohomish Counties, Washington, by J. D. Dragovich, M. L. Anderson, S. A. Mahan, C. J. Koger, J. H. Saltonstall, J. H. MacDonald Jr., G. R. Wessel, B. A. Stoker, J. P. Bethel, J. E. Labadie, Recep Cakir, J. D. Bowman, and S. A. DuFrane. 2011. 42 x 36 in. color sheet, scale 1:24,000, with 24 p. text. (Available online only, at http://www.dnr.wa.gov/
Open File Report 2011-2. Analytical data from the Monroe 7.5-minute quadrangle, King and Snohomish Counties, Washington—Supplement to Open File Report 2011-1, by J. D. Dragovich, S. A. Mahan, M. L. Anderson, J. H. MacDonald Jr., G. R. Wessel, S. A. DuFrane, Recep Cakir, J. D. Bowman, and H. A. Littke. 2011. 61 p., 2 plates, and 2 Microsoft Excel files. (Available online only, at http://www.dnr.wa.gov/
Monday, December 5, 2011
Hearing on HPA Fee Bill Tomorrow!
Yes, that's right folks. The House Committee on Ways & Means has scheduled a public hearing on HB 2135, the bill that would establish a $150 application fee for an HPA as reported earlier here.
The hearing is to take place in the John L. O'Brien Building, House Hearing Rm A, Olympia, WA tomorrow, December 6, at 10:00 AM...unless changed by the legislature before then.
It seems to this observer that, if these people really represented us, as they claim to do, they would actively seek our input instead of setting up so-called "public hearings" on such short notice that the public is effectively precluded from attending. But, I digress.
More on this unfolding travesty as it occurs.
The hearing is to take place in the John L. O'Brien Building, House Hearing Rm A, Olympia, WA tomorrow, December 6, at 10:00 AM...unless changed by the legislature before then.
It seems to this observer that, if these people really represented us, as they claim to do, they would actively seek our input instead of setting up so-called "public hearings" on such short notice that the public is effectively precluded from attending. But, I digress.
More on this unfolding travesty as it occurs.
Friday, December 2, 2011
Are HPA Fees On The Way?
Here we go again!
The Washington Department of Fish and Wildlife (WDFW) has, through the offices of Representatives Zack Hudgins and Ross Hunter, introduced HB 2135, a bill which, if passed and signed into law, would allow WDFW to "charge a one hundred fifty dollar application fee for all applications for hydraulic project permits under this chapter to recover the costs for processing permit applications."
Needless to say, since the recently approved beach mining requires an HPA, it would cost $150 just to apply to go gold panning at the ocean if this bill is enacted, making the activity prohibitively expensive. Can you say, "Hard won, easily lost?"
Please feel free to use the links above to contact Representatives Hudgins and Hunter, if you are so inclined, and to read the text of the bill and follow its progress in the legislature. At the moment, the bill is in the House Ways & Means Committee.
The Washington Department of Fish and Wildlife (WDFW) has, through the offices of Representatives Zack Hudgins and Ross Hunter, introduced HB 2135, a bill which, if passed and signed into law, would allow WDFW to "charge a one hundred fifty dollar application fee for all applications for hydraulic project permits under this chapter to recover the costs for processing permit applications."
Needless to say, since the recently approved beach mining requires an HPA, it would cost $150 just to apply to go gold panning at the ocean if this bill is enacted, making the activity prohibitively expensive. Can you say, "Hard won, easily lost?"
Please feel free to use the links above to contact Representatives Hudgins and Hunter, if you are so inclined, and to read the text of the bill and follow its progress in the legislature. At the moment, the bill is in the House Ways & Means Committee.
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