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.