EASTERN OREGON
MINING ASSOCIATION
JANUARY 2014 Newsletter
Volume 292
EASTERN OREGON MINING ASSOCIATION MEETING
The meetings are held on the first Friday of the month. The next meeting is Friday, JANUARY 3RD at the Baker City Hall. The building is located at 1st and Auburn Streets in Baker City. The Board meeting starts at 6:00PM, and the general meeting starts at 6:30PM.
PLEASE SUPPORT YOUR MINING ORGANIZATION BY SENDING IN YOUR DUES FOR EOMA MEMBERSHIP BY JANUARY 1ST
The information you need is on the last page of this newsletter.
FROM THE DESK OF THE PRESIDENT –Ken Alexander
Looking back over this past year as President of EOMA, some things have become pretty clear. Miners are in a fight for their very existence. At the State and Federal level, moratoriums are being used to “temporarily” restrict mining activities (such as SB838 which proposes a moratorium on motorized mining in 2016) and/or patenting of mining claims. This strategy has generally allowed the government to ban the use of your private property without triggering the Constitution’s Fifth Amendment clause, which requires that \just compensation\ be paid when private property is taken for public use.
It is important to remember that the courts have held that moratoriums must be reasonable and necessary. There are instances when a moratorium may cause an unconstitutional taking when the moratorium imposes an unreasonable delay. There is also a second type of \taking\ which involves a regulation or ordinance that denies a landowner of \all economically viable use of his property. The problem with proving that a taking has occurred, is the long expensive court process, with verdicts coming from green judges.
COMMUNICATION WITH F.S. AND BLM AT AN ALL TIME LOW-Jan Alexander Locally, it is almost impossible to get either Forest Service or BLM managers to return a phone call, respond to an e-mail, meet with you on the ground or write you a letter. Communication is about non-existent. Don Gonzales, BLM District manager, responded with positive comments to our request to enter into a new bonding MOU, but neither the Baker BLM Manager or the Forest Service Ranger or Forest Supervisor will give us the time of day. Instead of talking to miners about possible problems on the ground, BLM simply writes these miners a letter of non-compliance. This means these miners are prohibited from exploration activities on their claims where they own the minerals. At the Forest Service, another month has gone by without a single Plan of Operation in the North Fork Burnt River being approved.
EOMA ELECTIONS NOMINATING COMMITTEE
At the January meeting, the nominating committee will report on nominees. Floor nominations will also be accepted. Your participation is needed at the January 3rd meeting to ensure we have the officers we need for the upcoming year.
CALL FOR PAPERS ON EFFECTS OF MINING-Chuck Chase
Joe and Claudia are sending Thom Seal material for a white paper on the effects of small placer and dredge mining. Thom has been asked for a short or condensed version also to use in Congress or the State Legislature to counter the hype and environmental lies. Every small mining organization needs a copy of this white paper when it gets done. Bobbie and I came up with 65 small mining organizations and sent letters to them asking for peer review papers to be sent to Thom. Thom will put on a special class to put together a white paper on all of the studies done on small-scale mining. Bobbie asked the PLG if they would pick up the cost of about $30 for this mailing, and they agreed to do this. Thirty bucks for a white paper with credentials from Thom and Mackay School of Mines, what a deal! One more for the good guys.
SAGE GROUSE EIS-Chuck Chase
The consensus of all of the participants at the Sage Grouse talks was that BLM thinks fire suppression is probably the best management tool to propagate and help the Sage Grouse. Idaho’s Governor Butch Otter has written Idaho’s own Sage Grouse plan. Idaho sent a FOIA to USFWS and BLM for copies of their emails sent back and forth between the agencies. In their emails, they admitted that the Sage Grouse mitigations were not factual and mostly supposition on the part of the United States Fish and Wildlife Service, without fact to back it up. On top of that, the 9th Circuit Court upheld Idaho’s Roadless Rule, putting Idaho way ahead of the other western states. BLM would like nothing better than to not have to actively fight fires on public lands, or spray noxious weeds. Makes the job we pay them to do much easier, as this would allow them to sit in their office easy chairs and watch, rather than actively manage BLM lands. Oregon residents only have until February, 2015 to read the massive plan for our state and send a response to BLM.
SUMMARY OF THE NWMA CONVENTION LEGISLATIVE AND REGULATORY AFFAIRS OVERVIEW-Chuck Chase and Bobbie Danser
* Senate Natural Resource Committee: Senator Ron Wyden from Oregon is head of the Senate Natural Resource Committee and according to the speaker Matt Ellsworth, Senator Wyden is doing a good job in his position compared to the last head, and has been working with minerals people.
* Critical Minerals Bill: Senator Wyden and Senator Murkowski have co-sponsored a bill, Critical Minerals Legislation, to fast track mining of minerals in critical demand. I about had a heart attack when they said that even Al Franken has signed on and supports the bill. I suspect maybe it had something to do with jobs in his state of Minnesota. There has been a resurgence of mining companies seeking to permit both gold and platinum-family properties in his state.
* Rules and Presidential Order: As the Obama administration has been getting farther into a lame duck session in Congress, where he can’t push his agenda anymore by passing laws, he will resort to using \rules\. Rules are published in the Federal Register where the public has a chance to comment, and then they become law. Also there is a large pile of Wilderness and National Monument proposals on President Obama’s desk. Knowing that he can’t get his agenda through Congress, he will implement them by Presidential Order to fill his green agenda, not unlike Clinton did to the coal fields in Utah.
* Rules: Rules are the number one weapon of this administration because of the gridlock in Congress. To counter this, more and more organizations and businesses are using the “Small Business Administration” to thwart the rule making of this Administration. This might be something that we as small miners need to look into more closely.
* EPA AND Clean Water Act:
The Environmental Protection Administration (EPA) is pushing an even more stringent tightening of the waters of the United States. Up until now the Federal Government has claimed the Navigable Waters of the States and left the rest up to the states to administer. Now the EPA wants to claim all the waters: above the ground, below the ground, intermittent, wet lands, lands that might become wetlands, ditches, gullies, creeks, rivers and the territorial waters off shore. The interesting part of this is that I was going through Oregon Division of State Lands on line web site and it is an overlay of what the Fed wants to control. Hmmm, this might get interesting to see who can mess up Oregon’s waters the worst, the Federal Government, or our own wonderful state legislature.
PROOF OF LABOR MUST BE RECEIVED BY BLM BY DECEMBER 30, 2013
If you have not sent in your proof of labor to BLM, you have lost your claims. It will take BLM weeks or months to officially void your claim, but they will do this. Be sure to refile or you run the risk that someone will stake your claim.
BLM FEES FOR NEW CLAIMS HAVE GONE UP AGAIN
The fee for locating new mining claims has increased from $189 to $194. This includes the new $20 processing fee, up from $15, the usual $34 location fee and the usual $140 maintenance fee for every 20 acres, or portion thereof, in addition to the processing fee and location fee.
SMALL MINER WAIVER-Chuck Chase
There is some saber rattling out there from BLM on this subject. They are whining about having to process the huge amount of “Small Miner Waivers” for nothing in the way of compensation from miners. If BLM is able to change the regulation, it would cost a miner $140 dollars for every 20 acres, or part of, that you are claiming. So much for placer associations, each portion would be counted like a 20 acre hard rock claim. I think most of us have an association mining claim or two in our possession. Take for example, if you have an 80 acre association mining claim it would cost you $560.00 per year if BLM changes the new fee structure. A 160 acre placer association would cost you a whopping $1,120 a year. I don’t know about you, but we would be dumping claims major big time. According to sources at NW Mining Convention, this has been on BLM’s wish list for quite a few years.
If the change is made, it will come in the form of a rule listed in the Federal Register, and there would be a comment period and then it would take effect. The EOMA is looking at the Small Business Administration to get out from under the heavy hand of BLM. Small-scale miners need to flood the Small Business Administration with complaints about outlandish fees, making it difficult to operate. If the change does come down, we will send out Action and Email Alerts to all miners. We have asked Laura Skaer from the American Exploration and Mining Association (formerly NWMA) for a list of small mining organization from across the west. We will send letters out to all these mining organizations advising them of the possible BLM fee change and how to try and counter it. Also, Laura Skaer of AEMA will try to get an amendment to a bill, in an attempt to protect the ten claim exemption and small miners.
As it stands now, the regulations state that BLM may change the exemption. It is hoped though, that since the original regulations went through Congress, any change in the wording will also have to be passed back through congress. The BLM is trying to avoid this route, as they know that congress is so dead-locked that the chances are slim of getting this change on the small miner’s exemption through. Let us keep our fingers crossed.
IF YOU WANT TO DREDGE, APPLY TO DSL RIGHT AFTER JANUARY 1, 2014
(1) Applications will be received between January 1-February 28 of each year (only 850 issued).
(2) Priority will be given to those who have held DSL or DEQ permits or authorizations for motorized mining below the ordinary high water mark, for the longest period of time since 2008, before January 1, 2014.
(3) The number of years the person has held a federal mining claim or patent since 2006.
(4) If there are more applications with the same number of points for the items listed above, than there are authorizations to distribute, the Department will use a random selection process.
(5) If less than 850 eligible applications are received between January 1 and February 28, applications received after February 28 will be awarded permits on a first come first served basis.
SAGE GROUSE-Chuck Chase
This is probably the greatest threat to public lands in the West. The BLM has their EIS out and according to Jan Alexander, it is as big as a Sears Catalog on steroids. The main thing that came out of the AEMS/NWMA meeting is that the whole EIS is skewed and built on a lot of false presumptions and suppositions, ignoring facts about Sage Grouse and their habitat. Many of the mitigation measures BLM proposes in the EIS will not help the Sage Grouse. When the Sage Grouse Management Plan is finalized, BLM will amend their resource management plan to include the Sage Grouse restrictions on public lands. In the Cumulative Affect Analysis, they make the case that they have to have more stringent land management in order to keep the Sage Grouse off the Endangered Species list. The biggest losers are the Cattlemen, Miners, and Recreationalists. Miners can look forward to Mineral Exams to force miners off the land. BLM administers 52%, or 47 million acres of grouse habitat in the West. Oregon has 42,000 acres of sage grouse habitat potential.
Huge withdrawals from mineral entry and cancellation of cattle allotments are foreseen. The minerals people at the convention were pretty upset with the proposed withdrawals from mineral entry. The habitat for the grouse is, of course, sage brush, bunch grass, and small plant seed pods. The problem with trying to save the sage grouse under the BLM management plan is that one of the biggest problems is predation by ravens, another protected species, which raid sage grouse nests and eat the young birds. And, you cant shoot a raven, so the grouse just keep getting eaten. Also, probably the biggest effect on the bird is wild fire. According to BLM, wild fire has always been considered to be a beneficial part of clearing off the sage brush so new plants can grow. However, these so called \beneficial fires\ wipe out large populations of Sage Grouse and their habitat. According to BLM, all conservation measures must be considered in the future land use planning; fire suppression, control of invasive species and predators, and reducing fragmentation so birds can travel from one habitat to another will all be considered in all land use planning and all future EIS’s.
EOMA LOOKING INTO A NEW BONDING MOU-Jan Alexander
As you know, the Forest Service cancelled the bonding MOU that was in place for over 20 years. EOMA currently has a \reclamation bond\ savings account and two CDs at Banner Bank in Baker City, with the monies collected over the years from miners bonding under the old MOU. The proposal is to make these monies available for bonds on both Forest Service and BLM. Miners would sign an agreement with EOMA where they agree, that if necessary, EOMA would have permission to come onto their claims and perform the necessary reclamation. The bond money that each miner borrows from EOMA would be set up by Banner Bank in an assignment of deposit or Time Certificate of Deposit. When the reclamation is completed, the Forest Service or BLM would notify Banner Bank, and the money would go back into the bond fund for another miner to use. To date, neither the BLM Baker District Manager nor the Forest Service has replied concerning a new MOU.
BLUE MOUNTAIN FOREST PLAN REVISION
The forest plan revision is seriously underway. As many of you know, one reason the Travel Management Plan failed was because it did not tier to the 1990 Forest Plan. The Forest Service is making a new effort to get their Blue Mountain Plan revision finalized. It is not forest user friendly. It is full of examples of changing the plan to ignore the historical multiple use concept of the present forest plan. For instance, the new plan states, \The primary designated beneficial use of water on National Forest System lands in the Blue Mountains is for cold-water fish habitat.\ Forest Plan Revision, Proposed Action Plan, pg 37 1.11 Water Quality, para. 3.. You need to educate yourself and comment about how you would like to be able to visit a user friendly forest. Go to the Forest Service site and click on Blue Mountain Forest Plan. http://www.fs.usda.gov/wallowa-whitman/
2014 Medallions are here for the New Year –ORDER ONE NOW!
EOMA medallions are beautiful proof grade one ounce silver medallions with the addition of real gold “nuggets” in the pan. We have a limited supply of 2012 medallions and 2013 medallions along with the newly minted 2014s. These medallions are currently selling for $50.00 apiece plus $5.00 shipping, handling, and insurance. (Prices are subject to change). You can order a medallion from the EOMA website, and pay by pay-pal. Or, you can send $50 plus $5.00 shipping and handling to EOMA, Medallions, PO Box 932, Baker City, OR 97814, or call Bobbie at 541-523-3285. Be sure to specify what year you want.
WIN 1/2 POUND OF GOLD- IMPORTANT UPDATE PLEASE TAKE NOTICE ! ! !
The Eastern Oregon Mining Association, along with the Waldo Mining District, is selling tickets for the drawing on a ½ pound of gold. The big Final Drawing with a Grand Prize of 1/2 Pound of Gold will be held at the Miners Jubilee in Baker City, July 20, 2014. Additional prizes will be awarded at the final Drawing. The cost is $5.00 per Entry, or Six Entries for $25.00. You do not need to be present to win! So, fill out the tickets in the back of the newsletter and send them in to Drawing, PO Box 932, Baker City, OR 97814. Your money goes to help miners continue litigation on miner’s rights. Thank you for all your support..... Chuck Chase
LIST UNLIMITED ITEMS ON THE MINERS XCHANGE W/PHOTOS AND MORE FOR A $35/YEAR EOMA MEMBERSHIP
The Miners Xchange is a completely free service for EOMA members. It is a clearinghouse where EOMA members can sell everything from gold and silver, to mining equipment and properties. Like an \\eBay for miners\\, the Miners Xchange will let you list as many items as you like -- along with full descriptions, prices, shipping costs, and upload up to four photos for each. There are no posting fees, renewal fees, or transaction fees. For details, go to the EOMA website at http://www.h2oaccess.com. You need your login ID in order to post items. If you have forgotten your login ID, contact EOMA through the contact button on the website and it will be sent to you. If you have sold the item you have listed on the exchange, be sure to remove it.
EOMA ADVERTISING AND SALE LISTINGS
The advertising listings are only $1 per month to get your ad listed below. Send your ad to: EOMA, Box 932, Baker City, OR 97814 along with your remittance for each month you want us to run your ad. The number next to your ad is how many months your ad will run.
THE GOLD SPINNER SYSTEM
Save that ultrafine gold with this high gravity separator. It runs on 12volt, only weighs 45 pounds, is easy to set up and run, and can run all day long without a clean up. This is a must see, and sells for only $1304. E-mail Ted at tedcraghead@gmail.com. See Video on UTube, http://www.youtube.com/watch?v=pAP5CMdIjFs
Or come on down and take a look at 10415 HWY 95, Payette, ID 83661.
EOMA MEDALLION COLLECTION (3)
A set of EOMA one-ounce silver medallions dated 1988 through 2011, plus one “In Gold We Trust 75th Anniversary 1907 – 1982” one ounce silver medallion and one proof coin of the same. The 25-coin set is contained in a hand made solid wood folding display box with spaces for an additional 17 coins. Price, $1,000. Call 541-524-9386 or 541-403-0043.
HAND-FED RECOVERY SYSTEM
The Goldfield Prospector is a portable, heavy duty wash plant designed for the recovery of placer gold to be used for sampling, small-scale production, or clean-up of larger processing plants. The Prospector lists new for $8,500 (www.goldfieldint.com/prospector.aspx). This particular machine has been rebuilt/modified. Price, $1,500 or OBO. Call 541-524-9386 or 541-403-0043.
PLACER GOLD BUYER (7)
I am always looking for new sources of quality gold nuggets and specimens. I market to collectors and can generally pay more than refiners for nice nuggets. Contact Matt at (208) 867-2594 or e-mail: goldrush@goldrushnuggets.com I travel through Baker City frequently.
NEW BOOK ON LOCATING CLAIMS-AVAILABLE FROM THE AUTHOR (9)
Written by a miner for miners, this book covers all aspects of researching mining claim records, how to locate your own claim and keep it. Send check or money order for $32 dollars to: Tom Kitchar, PO Box 1371, Cave Junction, OR 97523.
FOR SALE (9)
Forty acre placer claim on Clarks Creek. Hasnt been dredged or mined, has real good potential. Has had a magnetometer survey done on the property and shows a large old river channel that has been buried. Just waiting for the right miner to come along. Ten thousand firm on the asking Price. Call: 541-523-3285 or my Cell: at 541-310-8510.
FOR SALE (9)
Eighty acre placer claim on the Burnt River at the mouth of Clarks Creek. Has excellent potential. A large portion hasn’t been dredged. Has buried high bars that has limited work done on them. One high bar that hasn’t been touched. $5,000 firm. Call: 541-523-3285 or my Cell: 541-310-8510.
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