EASTERN OREGON
MINING ASSOCIATION
SEPTEMBER 2023
VOLUME 408
YOUR MEMBERSHIP IS IMPORTANT!
If you can’t pay in person, please send your $35 dues ($40 for a couple) to: EOMA, PO Box 932, Baker City, OR 97814. You can also pay with a credit card or pay pal on our website. Website address: www.h2oaccess.com
SEPTEMBER 1st, 2023 MEETING AT ELK CREEK ENTERPRISES
The EOMA monthly meeting is at the Elk Creek Enterprises saw shop located at 890 Elm Street in Baker City. The Board Meeting will begin at 6:00 PM and the general meeting following at 6:30 PM. Everyone is welcome to attend these meetings. There is time for discussing mining and getting to know other miners. We will give away a 1 oz. silver medallion at the end of the meeting.
PRESIDENT’S MESSAGE- WHAT HAPPENS TO YOUR ACCESS IF YOU MINE ON A “CLOSED” FOREST
The Wallowa-Whitman and Malheur National Forests are trying to revise their Forest Management Plans, changing the road system designation from “open” unless legally and officially “closed” by the Forest Service, to a “closed” unless designated “open”.
Right now, roads are generally open for the public to use. Even roads with tank traps can be used, if they haven’t been legally closed.
Here are a few questions you may want to find out the answers to:
(1) Will you be subject to the $5,000 dollar fine, and six months in jail, if you are on a road in the NF that has a road number, but is not an approved “forest system” road?
(2) Can you get to your mining claim to do assessment work, or go prospecting in the NF on a non-system road, with hand tools, without getting a permit from the forest service?
(3) What kind of permit will be required to use a non-system road to get to your private property within the National Forest? What will it cost, and who determines the fees?
FOREST PLAN MEETINGS
FOREST SERVICE OPEN HOUSE MEETING IN BAKER CITY- Jan Alexander
Ken and I attended the recent Forest Plan Revision “open house” scoping meeting on August 17, 2023. The first time the Forest Service tried to revise the 1990 Forest Plan, lots of people commented that the maps were next to useless as they did not have Township, Range and Section.
Guess what? The huge, lovely maps they had posted, had no Township, Range or Sections. Trying to figure out any areas on those maps was next to impossible. The Forest Service didn’t listen and they evidently, don’t understand. The Forest Service wanted people attending the meeting to put colored stickers on areas of the maps where they had particular concerns or were interested in using. I thought about covering the maps with hundreds of black stickers to represent my interest in access within the Forest and keeping the Forest an open Forest.
Another rub for me was in the category describing economic activities twhere they had “mining contracted work”. I did ask what the heck that was. Mining is not contractual, Plans of Operation are not contracts, they are agreements between the FS and the miner on ways to protect surface resources as reasonably practicable.
I asked the Forest Supervisor if this referred to the contractor hired by the FS to destroy Laura Perrigan’s portal and access to her mine. He said he did not know how that wording came about, but thought it was meant to refer to “mining”. It will be interesting to see if this is changed and new maps produced at the Malheur meeting.
SMALL MINER WAIVER IS DUE AT BLM SEPTEMBER 1, 2023
If you don’t get your proof of labor back from the County in time to get it submitted before September 1, you can submit it up to the end of December. The document that must be in to BLM by September 1 is the small miner waiver. If you miss this date, you have lost your claims.
The waiver is a contract, signed by all claim owners, that reserves the claim for the following assessment year. Submittal of the waiver requires the miner to do assessment work the following season. If you can’t get your assessment work done, you cannot just pay fees. BLM sent me the following e-mail:
“The waiver that was provided is a contract promising to do the work; you can not decide half-way thru to pay the fee because you can’t get the work done. The payment would not work like that”.
Miners that file their claims and begin by paying fees, can change to the waiver by paying their fees and also submitting a small miner waiver. The miner must follow through thereafter by doing assessment work and submitting a waiver each year telling BLM you plan to work the claims the following season.
MEETING WITH THE FOREST SERVICE OVER EXTENDING OUR PLANS OF OPERATION-Jan Alexander
Ken and I met with Ray Lovisone and Keifer Nace this past week to look at areas where we had done exploration work and reclaimed, and areas where we still want to continue exploration activities. When we submitted our Plans of Operation, we wrote that activity would continue until: “the minerals are exhausted.” We even appealed the arbitrary 10-year date, but to no avail.
Now we are requesting an extension of our plans. The Forest Service wanted us to submit maps showing where we still want to conduct mining related activities. The Forest Service also wanted information on how many days we worked each season, which is not a requirement under the regulations.
If you have a Plan of Operation with a 10-year expiration date, and you have a bond, and you do nothing, when the ten-year date is reached, the Forest Service may seize your bond, do any reclamation they think is needed, and destroy your mine access road.
This is what they did to Laura Perrigan at the Hudson Mine. Laura’s brother, Tom, had a new Plan of operation already submitted. But when he died, the Forest Service hired a contractor and destroyed the mine, even though Laura had told the Forest Service she wanted to continue the operation.
HOW CAN YOU PROTECT YOURSELF FROM THE FOREST SERVICE?-Jan Alexander
If you are doing your assessment work using hand tools without any type of Forest Service authorization, as is perfectly legal under the Forest Service mining regulations, you too need to protect yourselves.
The Forest Service has a huge pot of “abandoned mine” money and they apparently can hire a contractor to close your mine access road any time they want to. When miners complain to the Forest Service about the closure, the Forest Service justifies their actions by saying they did not know anyone had a claim on that road. However, they do not apologize and do not reopen the road. The response is that the miner must submit a Plan of Operation and get it approved before the miner can use equipment to reopen the mine access road.
Your protection lies in letting the Forest Service know, in writing, where your claim is located and which roads you need as access.
A short description of how you conduct mining activities is also needed. If you are using only hand tools, no Plan of Operation is required under the regulations, but you will be on record as letting the Forest Service know what roads you need. Any legal action against the Forest Service for closing your mine access roads will be based on whether you informed the Forest Service that these were the roads you needed.
As the revised Forest Plan is being written, it is essential to all Forest users that we have an open forest-that is, all roads are open unless the Forest Service co-ordinates a proposed closure with the public and with the county. If a road is not doing resource damage and is being used by the public, that road should not be closed.
CASTLE ROCK UPDATE-Jan alexander
The Hudson Mine has long been a tourist attraction. People just love to visit old mines. Last week a group of horse riders, who visit the mine every year, went in. Because the road was made impassible by the FS, they took the horses down to Hudson Creek and walked them in that way or else tied the horses and walked in. There is no longer a door on the portal, as the Forest Service removed it and buried it somewhere on the claim. Thus, these people were able to walk into the open mine portal under tons of loose falling ceiling rock, which is no longer supported, since the Forest Service ripped out the supports of treated timbers and left them in a huge, unsightly pile next to Hudson Creek.
Someone is going to be badly hurt or killed in this mine because of the Forest Service actions to destroy all infrastructure. The miner did not do this, the FS did. It is just a matter of time.
COURT CASES AFFECTING MINING
U.S. v Shumway
199F. 2d 1093, 1100
9th cie. 1999
A mining claim is a property interest which in itself a real property in every sense.
U.S. V Weiss
642 F.2d 296, 299
9th cir. 1981
16U.S.C. &478
Regulatory authority of the Forest Service with respect to mining is limited to regulations that do not unreasonably interfere with mining activity.
U.S. V Lex & Waggener
U.S. District Court
Eastern District of California
No., cr S-01-559 LKK
Filed May 14, 2003
Miners can stay on their claim while working it. Mining does not require special-use authorization.
OREGON HAS A LITHIUM PROJECT-McDermitt Exploration Project EA, U.S. Forest Service
This is an exploration drill project on BLM lands in Malheur County, approximately 20 miles west of McDermitt, Nevada.
Submittal of this Plan of Operation, which includes construction and use of approximately 30.2 miles of access, and drilling at 267 drill sites, is the first step for HiTech Minerals, Inc, in their quest to receive approval for exploration drilling of the lithium deposit.
Nothing is easy in Oregon. Once the EA is finalized, and the company receives an approval from the BLM, they must then submit their plan to DOGAMI and get the separate approval from the State agency. These two permits cannot be done concurrently.
Before the BLM will approve the HiTech Plan of Operation, that company will be required to post a reclamation bond to cover the cost of reclaiming all surface disturbances. One senseless thing about Oregon, is that DOGAMI will require their own separate bond before approving the permit.
This double bonding is one of the reasons mining companies would rather do business in any state but Oregon. Yes, its just a cost of doing business, but two reclamation bonds for the exact same project makes no sense at all. How much better it would be for the second bond monies be used for development of the operation.
1872 MINING LAW-Oct 2020 DC District Court Decision
The Mining Law allows citizens to explore unappropriated public lands and, without any
prior government permission or paying any royalties, stake (or “locate”) a mining claim. 30
U.S.C. § 22; United States v. Locke, 471 U.S. 84, 86 (1985).
After discovering a valuable mineral deposit and satisfying certain minimal procedures (including paying a location fee), claimants obtain an “unpatented” mining claim and have the exclusive right to possess the land for mining purposes. See 30 U.S.C. § 26; see also Best v. Humboldt Placer Mining Co., 371U.S. 334, 336 (1963).
Valid mining claims are “a unique form of property,” Best, 371 U.S. at 335, describable as “fully recognized possessory interest[s],” Locke, 471 U.S. at 86.
But ultimate title to the claimed land remains with the United States unless the mining claimant takes the further step of filing for fee title, called a “patent.” See id.; Best, 371 U.S. at 336.
However, “Effective October 1, 1994, Congress imposed a moratorium on new patent applications, and “[u] ntil the moratorium is lifted or otherwise expires, the BLM will not accept any new patent applications”.
Previous to the moratorium on patents, “Claimants can obtain a patent by submitting an application to the Secretary of the Interior and complying with further requirements, including paying a nominal per-acre fee”. 30 U.S.C. § 29; Locke, 471 U.S. at 86.
“Even without a patent, claimants can maintain their mining rights indefinitely so long as they comply with federal, state, and local requirements.” Orion R srvs. Ltd. P’ship v. Salazar, 553 F.3d 697, 699 (D.C. Cir. 2009). These requirements include paying annual claim maintenance fees. See 30 U.S.C. § 28f(a); 43 C.F.R. §§ 3834–3835.
ASHGROVE CEMENT IS ROCK SOLID-Ash Grove
“Ash Grove is proud to be known for quality, reliability and commitment to safety. We have more than 100 employees at our Durkee plant and each is dedicated to operating the plant in an environmentally responsible way and preserving our region’s beauty and outstanding way of life. That’s why Ash Grove uses state-of-the -art environmental control and technology and takes every opportunity to alternate fuels.
We’re also proud supporters of first responders, veterans’ groups, youth programs and many other causes that make our community special. We are honored to call Baker County our home”.
Note from the editor, Ash Grove donated the cash prizes for the Oregon State Gold Panning Championship at Jubilee. We thank Ash Grove for all they do.
EOMA ADVERTISING AND SALE LISTINGS
WANTED-MINERS TO PARTICIPATE IN A NEW TV SHOW WITH DAVE TURIN-Johnny West (ca)
Because of my ad in our EOMA Newsletter, I received an Email from a lady in London, England.
Her name is Lizzie Jenkins, and she is an Assistant Producer for www.raw.co.uk.
My understanding is her company films and produces the TV show “Gold Rush” on the Discovery Channel.
Her company is starting a new TV show with Dave Turin, and they are looking for miners that are testing mining property, and could use Dave’s help. I believe the property would need to be fully permitted for testing/mining. So, if any miners would consider getting help from Dave Turin, please contact Lizzie to get the complete details, and make sure it is something you would like to do.
Here is Lizzie’s contact information:
Lizzie Jenkins
Assistant Producer
Third Floor, 13-21 Curtain Road, London EC2A 3LT
Tel: + 44 (0) 207 456 0800 | Mob: +44 7769 296 581
www.raw.co.uk
UK Company Reg. 4305751
VAT: 297 4286 51
RAW TV SHOW IS LOOKING FOR MINERS WHO WANT TO INCREASE GOLD RECOVERY- Rhys Towse Producer at Raw TV –
Discovery Channel’s Gold Rush: Freddy Dodge’s Mine Rescue is looking for gold mines Freddy and Juan can visit in 2023 to see if they can help improve gold recovery.
If you are interested, please call Office: +44 (0)207 456 0800
MINERS WANTING TO PARTICIPATE IN EITHER PROGRAM IN OREGON ARE ENCOURAGED TO HAVE PERMITTING IN PLACE
If you have questions about permitting, EOMA will be glad to help you out. The best thing you can do to promote mining activity in Oregon, is to do it right. Call Jan if you have questions at 541-446-3413.
WANTED (11)
I would like to rent/lease/lease with option to buy property that may be productive for metal detecting and mining. Especially areas with tailings like the Powder River near Sumpter, or other local areas. Thanks, Johnny West. Email: jwestboise@gmail.com
WANTED-GOLD(0)
Gold Specimens and Gold nuggets, mostly from Oregon mines. Fair prices paid. Also selling Gold nugget jewelry, specimens, nuggets and more. For an interesting and informative experience explore www.northernnevadagold.com Call Robert 775-455-6470
PRICE REDUCED-SIMPSON AND LUCKY PLACER CLAIMS FOR SALE
The Simpson is an 80-acre association placer and must be quit-claimed to a group of four miners. The Lucky group is composed of three 20-acre contiguous claims. These can be purchased by one miner. Both claim groups are covered by approved Plans of Operation and both are located on the Wallowa-Whitman National Forest.
My health is forcing me to sell these claims. Give me a call if you are interested and please make me an offer. Call Dave at 810-523-7313.
MINING & PROSPECTING EQUIPMENT for SALE
CHAMPION 2” SEMI-TRASH PUMP (100 HRS) $250.00
VCELLA Model 9 120v 15amp KILN with
FUJI PXW-4 Temp Controller $900.00
GOLD HOG w/ EXTENSION, FLARE, CLAY CLAW $1000.00
(includes Original Hog Pan)
GOLD HOG MULIT-SLUICE $400.00
GOLD HOG STREAM SLUICE w/ POWER HEAD $300.00
GOLD-DUSTER 2-CYCLE VACUUM SYSTEM (New) $300.00
2” CAM-LOCK type COUPLERS (each) $ 10.00
2” LAY FLAT HOSE AND OTHER SMALL ITEMS AVAILABLE
Dan Brown
La Grande, OR
(541) 786-4828 (call or text)
danbrown@eoni.com
ACTION MINING SERVICES, INC.(ca)
AMS is selling assay supplies, screens, chemicals and labware! Call for a quote and mention this ad for 10% off! Assay supplies, concentrators, impact mills, technical books (for the beginner to the advanced mill man), & more! Call for our free catalog or visit us online! Check out our website for information on Wave tables. We are located in Plains, Montana. Please call 406.826.9330 to place your order. This way our staff can have it pulled and ready for pick up. Otherwise, we can always ship your order! sales@actionmining.com • www.actionmining.com
AMERICAN EXPLORATION & MINING ASSOCIATION(ca)
EOMA is a member of American Exploration & Mining Association, and many of our members are also individual members. AEMA members reside in 44 states, 7 Canadian provinces and 11 countries and are actively involved in prospecting, exploring, mining, and reclamation closure activities across North America & the world.
This association keeps miners up on what is happening in the mining industry. To stay up to date on mining issues, you can become a member of AEMA by going to their website at https://www.miningamerica.org
SUBSCRIBE TO MINING JOURNAL FOR UP TO DATE NEWS (ca)
ICMJ’s Prospecting and Mining Journal is your monthly source for news, legislation, how-to articles and more. Josh and Sherrie Lynn Reinke are the new owners of the Mining Journal, same great news source! A full year is still only $29.95; or get a print and an online subscription for just $44.95, and get access to our last 16 years of articles online too. Published monthly since 1931. Visit us at www.icmj.com or call at (831) 479-1500 to get your subscription.
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