EASTERN OREGON
MINING ASSOCIATION
DECEMBER 2018
Volume 351
EOMA RENEWAL MEMBERSHIP PAYMENTS ARE DUE THE 1st OF JANUARY 2019
EASTERN OREGON MINING ASSOCIATION MEETING
Meetings are held on the first Friday of the month. The next meeting is Friday, DECEMBER 7th 2018 at the Baker City Hall. The building is located at 1st and Auburn Streets in Baker City. The Board meeting starts at 6:00 PM. The general meeting starts at 6:30 PM.
Everyone is welcome to attend these meetings. There is time for discussing mining and getting to know other miners. As usual there will be a drawing for a $50 silver medallion at the meeting!
PRESIDENT’S MESSAGE
At the December EOMA meeting we will be discussing and reporting on what happened regarding the Forest Service Blue Mountain Forest Plan Revision objection resolution meetings held in the last week of November, and also report on the Roundtable meeting.
The Round Table Meeting will be held at the Baker County Court House on December 19, 2018, 3:00 pm. District Ranger for the Wallowa-Whitman National Forest, Kendall Cikanek, and Paula Gunther, the District Ranger on the North Fork District of the Umatilla Forest, their minerals staff and Forest Supervisors from both Forests have been invited to attend. The BLM Vale District Manager Don Gonzales, Field Office Manager, minerals staff, along with Baker County Chair, and EOMA Board members will be present. Forest Service and BLM present their program of work for minerals and discuss what is happening in their programs. Participants ask questions and discuss issues affecting miners and the agencies. Following the discussion between agency, County, and EOMA, there is an opportunity for public participation.
AEMA HIRED NEW EXECUTIVE DIRECTOR-AEMA
Spokane, WA - The American Exploration & Mining Association (AEMA) has selected Mark Compton as the Association's new Executive Director, succeeding Laura Skaer who is retiring March 31, 2019, after serving as Executive Director for more than 22 years. Compton is rejoining AEMA after serving six years as the Utah Mining Association's (UMA) President. As Executive Director, he will lead the Association's staff and advocacy efforts for the exploration and mining industry. He will be introduced to the membership next week at AEMA's 124th Annual Meeting and will join the Association on January 28, 2019.
"After a robust national search, we are pleased to announce the appointment of Mark Compton as Executive Director of the American Exploration & Mining Association," said Bob Comer, President of AEMA. "Mark is a stalwart supporter of the mining industry and the Board of Trustees has great confidence in Mark's ability to support the industry and lead AEMA into the future."
"Mark has some big shoes to fill, following Laura's twenty-two-year tenure here, but we are confident he is up to the task," said Steve Alfers, incoming President of AEMA. Both Comer and Alfers expressed their appreciation and gratitude to Laura for building AEMA into a premier national mining association.
With a quarter-century of experience working in government affairs, Compton possesses considerable experience advocating for natural resource industries. Prior to his tenure at UMA, he worked as AEMA's Government Affairs Manager. Mark's knowledge of the West's natural resources extends beyond the minerals industry, however. He has served as a member of Idaho Governor C.L. "Butch" Otter's gubernatorial and congressional staffs, where he handled issues focusing on natural resources and economic development. Mark made his debut into government affairs by representing the timber industry after working as a forester in the Inland Northwest. Throughout his career he has demonstrated a palpable passion for natural resource industries in the West and looks to bring that passion and experience to AEMA.
"I am humbled and excited to be joining the AEMA team," Compton said. "Having served AEMA's members previously in my career, I'm familiar with the Association. It is a strong and effective organization, and I'm eager to work with the Board of Trustees, the staff and the membership to take AEMA to the next level in terms of advocacy, enhancing the industry's social license to operate, and contributing to our members' success."
UNITED STATES RELIES ON OTHER COUNTRIES FOR ITS MINERALS-National Mining Association
Despite our own vast reserves of minerals and metals, the U.S. is now 50 percent or more reliant on imports of 50 nonfuel mineral commodities and fully 100 percent reliant on imports for 21 of those minerals. As recently as 1978, the U.S. was 100 percent import reliant on just seven minerals.
A troubling number of these minerals are dominated by domestic Chinese production or by Chinese companies operating around the globe. Take our 100 percent import reliance on rare earth minerals. China has monopolized the production of these 17 minerals, which are in a dizzying array of military hardware. From F-22 and F-35 aircraft to guidance and targeting systems, these minerals are essential to most of our advanced weapons systems. That we have allowed to China to dominate their production and processing defies comprehension.
Challenging unfair trade practices should be part of that approach, but reducing our self-imposed barriers to competitiveness must be part of the equation as well. Our redundant, broken mine permitting process is a case in point.
EAST EAGLE CREEK BRIDGE UPDATE-Jan Alexander
All permits were issued, the project was scheduled to begin, and the Forest Service, without telling the County, called the US Army Corps of Engineers and the had the COE permit cancelled!
Bill Harvey is continuing to work with the Forest Service, but the delay means no work can take place until low water next fall.
AMERICAN EXPLORATION&MINING ANNUAL MEETING DECEMBER DEC 2-7
Dan Johnson, Chuck Chase, Frank Mason and Craig Monpas will represent EOMA at this year’s convention in Spokane, Washington. They will each report on the sessions and short courses and information they have obtained at the January EOMA meeting.
Unfortunately, it looks like Secretary Zinke of Interior, will not be at the meeting. Assistant Secretary for Lands and Minerals, Joe Balash, will be there. As Assistant Secretary for Land and Minerals Management, Balash oversees DOI federal agencies including the Bureau of Ocean Energy Management, Bureau of Land Management and Bureau of Safety and Environmental Enforcement. The good thing about the convention is miners who work on the National Forests get a chance to sit down and talk to Washington Office personnel and discuss problems they see happening on the Ranger Districts. Same goes for miners who work on BLM. The influential agency personnel, who work in mining, are all there for the convention.
EOMA OBJECTIONS TO BLUE MTN FOREST PLAN-EOMA
EOMA submitted timely objections to the revision of the Blue Mountain Forest Plan. In our written objections, we requested an opportunity for an oral presentation, which was granted.
All objectors who want to talk about access, no more wilderness, no more non-motorized areas and the need for an open forest will be in this session. FAFA, other forest users, as well as EOMA will get a chance to talk. EOMA objections included the following:
EOMA objected to all the new information in the EIS that the public never got to see, but quite strongly objected to the new information on page 485 concerning mining Plans of Operation.
“Approved Plans of Operation are required to conduct exploration or mining operations on National Forest System Lands”. This statement is not correct. Under the 36CFR228 Regulation, exploration and mining which does not result in significant surface disturbance may legally take place without the need of a Plan of Operation.
EOMA also objected to the new information in Volume 4, page 262, where it states “by regulation, the request for a road may be granted as part of an approved plan of operation, and is subject to analysis of the need and the proof of a valid mineral claim”. This is not true. The Forest Service has no authority under 36CFR228 to require a miner to file a claim or to prove anything. Second, less than a mile of road can be constructed, without analysis, under a categorical exclusion. How could a miner prove his claim was valid if he couldn’t get there with a piece of equipment?
A Forest Plan cannot change the regulations. The Plan should be written so the document provides general direction for how future activities will take place. A Forest Plan should not give detailed direction about the need for a Plan of Operation to conduct exploration or to construct a road, when this direction is contrary to the surface mining regulations in place. EOMA suggested that the resolution of these problems is that they be deleted from the Plan.
The rest of EOMA’s objections focused mostly on the need for access. The Umatilla N.F. is already a “closed unless designated open” forest. No one really noticed when the F.S closed that forest, as most of it is wilderness or withdrawn from mineral entry. Most mining takes place along open Forest roads and County roads. But, on the Malheur and Wallowa-Whitman, we have hundreds of roads needed for mining access. The Plan needs to recognize the importance of all the rich mineralized areas and the importance of keeping them open to access. Open roads within mineralized areas are necessary for prospecting and mining, and all mineralized areas should be designated suitable for motorized access. Any roads proposed for closure should be analyzed on a case by case basis and involve the public and the county. EOMA’s proposal for resolving these conflicts would be for the F.S to withdraw this Plan, and provide a revised Plan for public review.
PREEMPTION LAWSUIT UPDATE-Waldo Mining District
Miners still deserve an answer to the question-Does Federal Mining Law preempt State law?
On October 25, 2018, the 9th Circuit Court issued an order denying BOHMKER vs OREGON petition for an En Banc rehearing of our case after a 2 to 1 split decision from a three-judge panel.
Amicus briefs in support of the miners were filed by Mountain States Legal Foundation at the request of the American Exploration and Mining Association.
The next step is to petition the U.S. Supreme Court to take our case. This petition must be filed within 90 days of the denial by the 9th Circuit (February 25, 2019). This is our last chance to get some satisfaction. Please support Waldo’s efforts to see this lawsuit through. Checks can be sent to Waldo Mining District, P.O. Box 1574 Cave Junction, OR 97523. More information can be found on http://www.waldominingdistrict.org/
UPDATE ON WPCF PERMITS-Jan Alexander
With the return of Kate Brown as governor, I am guessing the permitting position for an employee to write and issue WPCF permits will remain unfilled. Miners without these permits are hanging out. You own a claim, you have a statutory right to mine that claim, but you can’t legally process the ore using a settling pond. It’s ridiculous.
Hopefully, I am wrong, and the DEQ position will be filled. We are expecting one permit for operators who use only hand tools, and one for operators who use mechanized equipment. There may or may not be a fee for the operators using hand tools, there will certainly be a fee for operators using mechanized equipment. The cost of mining increases every year, and permit costs are one of the big-ticket items.
There are still some WPCF permits available because the miner no longer has claims. EOMA will work with miners who no longer mine and with miners who want to mine, but don’t currently have WPCF permits. We need to get the permits not being used, transferred to miners who want to work. The cost of the transfer is $97.
NEW ASSISTANT ATTORNEY GENERAL CONFIRMED-AE&M
On October 11th, Jeffrey Clark was confirmed as the Assistant Attorney General of the Department of Justice’s (DOJ) Environment and Natural Resources Division (ENRD). Clark served as a Deputy Assistant Attorney General within ENRD from 2001 to 2005. ENRD is responsible for all litigation on behalf of the United States regarding the prevention and clean-up of pollution, challenges to federal programs and activities, the stewardship of public lands and natural resources, property acquisition to promote national security, wildlife protection, and Indian rights and claims.
PROOF OF LABOR DUE DECEMBER 30
Effective October 1, 2018, BLM increased the fee from $10 to $15 per mining claim for filing an amendment, transfer of interest, notice of intent to hold, and affidavit of labor. Claim holders need to file a notarized and recorded affidavit of labor with BLM by December 30. The new $15 fee will be required with this filing.
US FISH & WILDLIFE LAW ENFORCEMENT LIMITED- ICMJ
On September 21, the Trump administration stripped law enforcement authority from those Fish and Wildlife employees working as refuge managers.
Full-time law enforcement officers within the agency will remain; only those who have dual roles as both enforcement and refuge management will lose their law enforcement authority. The change is due to take place on January 1, 2019.
PURPOSE OF NATIONAL FOREST RESERVATIONS-1905 USE BOOK
“The timber, water, pasture, mineral, and other resources of the forest reserves are for the use of the people; They may be obtained under reasonable conditions, without delay; Legitimate improvements and business enterprises will be encouraged. Forest reserves are open to all persons for all lawful purposes.”
2018 EOMA SILVER MEDALLIONS FOR SALE
We still have 2018 medallions available. They are currently selling for $50.00 apiece plus $5.00 shipping, handling, and insurance. (Prices are subject to change).
You can order yours 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 541-523-3285. Also, you can buy them at our EOMA meetings.
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EOMA ADVERTISING AND SALE LISTINGS
FOR SALE: BURNT BRIDGE CLAIM
This 20 Acre claim is located on the North Fork of the Burnt River in the Wallowa-Whitman National Forest. Burnt River Road runs parallel to the river from one end of the claim to the other offering excellent access to the river and campsite. Claim contains over ¼ mile of river open to dredging. Copies of approved 2017 DEQ permit 600 PM and 2017 DEQ 700 PM (4” suction dredge) available. This claim is for sale for $2500. Contact Joe Toce email: toceja@hotmail.com
OPPORTUNITY -Looking for someone mechanically inclined to learn about and run a hard rock gold mill. One may be available for scrap price. Time to pass on the technology and know-how. Need a younger working partner and gold ore to run. Dr. Thom: tseal@unr.edu
FOR SALE
Ed Hardt is selling his placer mining equipment. Ed's trommel is 20 feet long, 5 feet in diameter, gear driven, positive drive. It will process up to 100 yards a day, will not slip or spin out. Also, one three-inch pump, a two-inch pump, two and three inch flat hose, and a generator. Call 541-377-9209 or email Ed at twohardts@hotmail.com. Price for all is $15,000.
FOR SALE
Patsy and Randy Stockam are moving to Alabama in the next few months and have some mining equipment to sell. A Gold Grabber Highbanker with pump and hose. Asking $600.00. Text Patsy at 541-786-1080 if you are interested.
GOLD CLAIMS FOR SALE (3)
5 unpatented placer claims (160 acres) located on Elk Creek near Baker City.
Sale includes all equipment (2 excavators, dump truck, trommel, pumps, generators, etc).
Site was featured on the cover of ICMJ’s Prospecting and Mining Journal (August 2014).
Approved Plan of Operation with US Forest Service in place and can be transferred (expires 2021)
DEQ process permit goes with the sale of the claims. For price, pictures and details, call Don Enright, 509-860-1145 or email: donaldenright25@gmail.com
FOR SALE TWO 80 ACRE ASSOCIATION PLACER CLAIMS (5)
Because of health reasons, we are selling our two 80 acre Association Placer Claims. These two claims are the last two claims on the top end of Elk Creek, a short distance from Baker City. A road goes through most of it. Sell for $7,000 each, will take gold, silver or will sell for a lesser price for cash. Call Ken at 541-519-9497 or Chuck at 541-310-8510.
NATIVE SPIRIT 60 ACRE CLAIM FOR SALE
This claim is located on McCully Creek on the Wallowa-Whitman National Forest just west of the town of Sumpter. Good access, off-channel water is available for processing. DEQ process permit goes with the sale of the claim. Plan of Operation is scheduled to be approved for 2019 work. Call Charles Stewart at 541-910-5435 for more information.
CARETAKER POSITION AVAILABLE
Wanted: Full time caretaker for remote property about 20 miles from John Day, Oregon. Primitive, well insulated house, wood heat only, good water from spring. Off the grid, power from gas generator if needed. ¼ mile level driveway off county maintained road. Must have own chain saw, 4 x 4 vehicle with chains, cut own firewood, and help with chores. Inquire by e-mail (tseal@unr.edu) or by mail to Caretaker, PO Box 8353, Spring Creek, NV 89815.
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