EASTERN OREGON
MINING ASSOCIATION
JULY 2013 Newsletter
Volume 286
President Ken Alexander 541-446-3391
Executive Director Chuck Chase 541-523-3285
Director of Governmental Affairs Terry Drever Gee 541-523-6228
Editors Chuck Chase 541-523-3285 and Jan Alexander 541-446-3413
Mineral Policy Director Jan Alexander 541-446-3413
EOMA INTERNET ADDRESS: http://www.h2oaccess.com/
EASTERN OREGON MINING ASSOCIATION MEETING
The meetings are held on the first Friday of the month. The next meeting is Friday, JULY 5th 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.
THIS IS THE LAST MEETING BEFORE MINERS JUBILEE! JULY 19th ,20th ,21st
We need miners to help with Jubilee! If you have some time to volunteer, that would be great! Thursday Afternoon July 18th starting at one o’clock, we will need help setting up the tents and getting everything ready. If you have historic photographs that we can get copies of, the public really enjoys these. Is anyone mining out there? If so, take some pictures of your operation. Trommels, highbankers, sluices and panning pictures are all good. So are pictures of your gold! Call Jan at 541-446-3413 or Chuck at 541-523- 3285 if you have questions.
Saturday is a really busy day with lots of people stopping by. There will be panning for the kids, with gold, garnets and other gem stones for them to pan out. The panning championships will be held on Saturday at one o’clock. Kid’s panning is for children 12 and under, amateur panning is for anyone over 12 years old who has not won the event previously, Professional panning is for those who have won in the Amateur or Professional panning in previous years. We need volunteers to time events, keep track of who wins and help direct the contests.
JUBILEE SILENT AUCTION-Jan Alexander
We also need items for our Silent Auction. If you have mining items, that’s great, but we can use anything except old clothing. Household items, toys, mineral specimens, jewelry, tools, plants, books, and other similar items have made EOMA a lot of money in previous years. Please see what you have for the auction and take these items over to Chuck’s house at 740 Valley in Baker City. The auction is going to be a little different this year and we need containers to put tickets into. Save those containers with lids, we need one for every item. Bring them with your items that you have to donate. Thanks!
WIN 1/2 POUND OF GOLD-GET YOUR TICKETS BOUGHT BEFORE MINER’S JUBILEE
The Eastern Oregon Mining Association, along with the Waldo Mining District, is selling tickets for the drawing on a ½ pound of gold. The 2nd Preliminary Drawing will be at the Miner’s Jubilee on July 21, 2013. The big Final Drawing with a Grand Prize of 1/2 Pound of Gold in the spring of 2014. All Entries in the Preliminary Drawings are eligible to win in all subsequent Drawings (including the Final Drawing). $5.00 per Entry, or Six Entries for $25.00. Even if you win a prize at the Jubilee, your ticket goes back in the drawing for the ½ Pound of Gold! Buy a ticket now, more chances to win.
The Jubilee drawing has the following prizes available so far.
1- White Metal Detector.....
2- A custom metal sluice box.... Donated by Louie Frick.. Louies Welding
3- A Severe Weather Kit...... Donated by Les Schwab
Need not 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 tickets will be good for each and every drawing up to the final one of the 1/2 pound of gold. Your money goes to help miners continue litigation on miner’s rights. Thank you for all your support..... Chuck Chase
FROM THE DESK OF THE PRESIDENT-Ken Alexander
The 2013 Legislature is drawing to a close. SB 838 is going to be voted on by the full Senate this week. Personal contact with Senators Edwards, Roblan, or Girod to change their minds would be the last chance to stop this bill. There is no evidence that harm is being done to fish or rivers, but there is a lot of mis-information being spread about this bill. There are lots of studies that show no significant harm is being done to streams by suction dredging or off-channel placer mining. There is also a lack of understanding about the effect this bill will have on placer mining in Oregon. Shutting down placer mining in all of Oregon because there are a few perceived problems in a small area of the State is just plain wrong. Obviously, we all need to get more politically active to keep the mining segment of our economy alive. We will definitely be letting you know who supports mining, and who votes to shut down placer mining in Oregon before the next election. We will also be looking into forming a Political Action Committee.
MINING YOUR i PHONE From the Alaska Miner
Check out the “Mining Your iPhone” info-graphic at 911 Metallurgist. The lead quote is “There’s more gold in a pound of electronics than a pound of gold ore” says Ken Beyer, CEO of Blue Cloud, an electronics recycling company. http//www.911metalurgist.com/mining-iphones/
INVEST IN YOUR FUTURE AND SUPPORT EOMA --BUY SILVER MEDALLIONS
These medallions are beautiful proof grade one ounce silver medallions with the addition of real gold “nuggets” in the pan. We still have a limited supply of 2012 medallions. These medallions are currently selling for $50 dollars apiece plus $5.00 shipping and handling and insurance. These prices are subject to change. You can order a 2013 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 whether you want a 2012 or 2013 medallion.
EOMA CALENDARS FOR 2012-2013
We are now offering a new 18 month EOMA Calendar with historical mining pictures. It also has date reminders to help you keep your claim valid. So support the EOMA by ordering your calendar now for the price of $10 each, or three for $29 bucks, plus a dollar for each calendar for shipping. There is an order form in the back of the newsletter. You can also call Chuck Chase at 541-523-3285.
PROTECTING FISH FROM MINERS? - Larry Chase
All of the anti-mining bills introduced in the 2013 legislative session as well as a myriad of Oregon Department of Environmental Quality (DEQ) actions past and present have been aimed at “protecting” fish. However, another State agency, Oregon Department of Fish and Wildlife (ODF&W) is selling licenses to “kill” fish. In 2011, the ODF&W sold approximately 603,000 fishing licenses. Looking at a hypothetical scenario where it is most likely that gold dredgers and fish would potentially interact, we find a trout season that allows anyone to catch 2 fish over 8 inches long per day. The season runs from May 26 through October 31. This is a total of 158 days.
This means that if I went fishing every day of the season, was an excellent fisherman and caught my limit every day, I could legally catch and kill 316 fish (158 x 2 = 316). If everyone with a license did the same thing, it would mean that 190,548,000 fish could be caught and killed in one season. This is an impossible scenario so we can cut the numbers in half. That would mean that more than 95 million fish (95,274,000) could be legally harvested. If we were to cut the number of fish caught to 25% of the total possible, this would mean that 4,763,700 fish would be removed from Oregon streams. 25% may be close to a realistic yearly catch. Even if everyone who bought a fishing license caught just one fish it would still mean that 603,000 fish had been legally caught and killed during one Oregon fishing season.
All this happens with the complete blessing of ODF&W. Not only does ODF&W approve of the harvest levels, they are so anxious to sell fishing licenses that they have one weekend a year when anyone can fish without a license in the hope that more people will engage in fishing on a regular basis.
There have been complaints that since California has stopped dredging, Californians are coming to Oregon to dredge, and this somehow puts Oregon fish in danger. This fear is hard to understand, since if you arrive from California and purchase an out-of-state fishing license, ODF&W is quite happy to let you go out and catch and kill Oregon fish just like the locals.
Some people express great concern about salmon being put in danger by dredging since salmon are thought by many to be truly endangered or at least at great risk of not surviving. This might somehow be true, but ODF&W still sells licenses every year to let people catch and kill these threatened fish.
Looking at all the things that ODF&W willingly allows, it is hard to understand all the anti-dredging and anti-mining bills that have been introduced into the legislature in the name of saving fish. Of all the scientific studies that have been done on effects of gold dredging, not one has ever shown that even one fish has been killed as a result of dredging. There must be some reason that the anti-mining bills have been introduced into the 2013 Oregon legislative session, but it can’t be concern for fish. The Oregon Department of Fish and Wildlife apparently feels that Oregon has fish to spare.
THE TRUTH ABOUT RS2477 RIGHTS-OF-WAYS-Compiled by The Western Counties Resources Policy Institute, Box 27514, Salt Lake City, Utah 84127-0514
The following are the fundamental facts on RS 2477. If anyone tries to convince you of the contrary, you can be certain you are either being misinformed or intentionally misled. For more detailed information, you should check out the Official RS 2477 Internet site, www.rs2477roads.com. (Editor’s note: this site has been hacked several times by what has been described as eco-terrorists, last time I tried to bring it up it had been changed to a paint ad in Chinese. The eco-terrorists must really be afraid people will find out about this law. You can research the law by typing “RS 2477” in Google).
1. RS 2477 is a simple and straightforward law. This is the entire text of RS 2477: \The right-of-way for the construction of highways across public lands not reserved for public purposes is hereby granted.\
2. Congress specifically and clearly reaffirmed the validity and intent of RS 2477 in 1976. Because RS 2477 became law in 1866, anti-access extremists argue that it is now somehow inconsistent with modern public land management policy. But just 22 years ago, when Congress repealed RS 2477 and replaced it and many other laws with the Federal Land Policy and Management Act, it specifically and explicitly reaffirmed all RS 2477 grants previously made.
3. RS 2477 was a self-executing law. When the conditions were met, the right-of-way grant was made. No further action by the grantee or by Congress was necessary to validate it.
4. Congress specifically by-passed the Executive Branch of the Federal Government in making RS 2477 grants. Under our Constitution, Congress has the exclusive power to manage and dispose of public lands and property (Article IV, Section 3: \The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States;\). In 1976 when Congress reaffirmed the RS 2477 right-of-way granting process established 110 ten years earlier, it had the total power to do so. The federal land management agencies have no independent power or authority over RS 2477 roads (or anything else to do with public lands). Their only authority over public lands is what Congress delegates to them.
4. The RS 2477 right-of-way grant is a property right. Therefore, it enjoys the same constitutional and legal protections as any other property. Legally, when the grant was made, the federal governments interest in the land underlying the right-of-way became the \servient estate\ and the interest of the right-of-way grantee became the \dominant estate.\ That means that while the federal government is protected against unnecessary or undue damage to the land underlying the right-of-way, it cannot interfere with the grantees exercise of its rights.
5. The RS 2477 grant also conveyed a bundle of associated rights. These include the right to maintain the road and even upgrade the road. This federal law also is unusual because state law plays a major role. It can partially determine the scope of these associated rights, how the requirements of the grant offer were met, and the width of the right-of-way granted.
6. It is legally incorrect to call RS 2477 assertions \claims.\ The term \claim\ suggests that there is some process which must still be followed before the RS 2477 right-of-way is fully granted and valid. In reality, the grant was either validly made before RS 2477 was repealed in 1976 or it was not. If it was, then it is not a claim but a valid grant, and the grantee asserts its validity. If it was not, then it cannot be asserted under a repealed law. The anti-access activists and some federal bureaucrats like to talk about \claims\ to confuse the issue. When someone talks about RS 2477 \claims,\ they are either confused or deceptive.
7. Congress granted a right-of-way, not a road. In fact, RS 2477 rights-of-way can host a number of things besides roads. The legal definition of \highway\ in the law means not only the frequently-traveled, periodically-maintained roads commonly associated with it, but also other kinds of public ways, including carriage-ways, bridle-ways, footways, trails, bridges, and even railroads, canals, ferries and navigable rivers. The essential element in defining \highway\ is that whatever the means of transport, the public has the right to come and go at will.
8. The present physical condition of a road is totally irrelevant to whether a valid RS 2477 right-of-way exists. This should be obvious, but this is the point on which the anti-access folks are spreading the most misinformation. Whether a road is barely visible on the ground or even has been obliterated for any other reason, the legal status of the right-of-way is not affected. The grantee can legally re-establish the road even if it has totally disappeared. It follows, then, that it also is impossible to determine whether a valid right-of-way exists simply by looking at it. A right-of-way can only be relinquished or abandoned in accordance with state law.
9. A valid RS 2477 road can be established merely by the passage of vehicles. The case law and federal policy for over a century are clear: construction by machinery is not required to do so. Anti-access forces are frantically trying to convince the public otherwise. Dont be misled.
10. No federal land management agency can determine the validity of an RS 2477 assertion. The agency can only determine for its own administrative purposes whether or not it will recognize the assertion as valid. Constitutionally, only a court can determine the validity.
11. No federal agency has the authority to close an RS 2477 road for any reason, period. This follows logically, but many federal bureaucrats think they have this authority and try to act accordingly. When next you run into one, outline the points listed here and ask them to cite the legal authority by which they claim they can close an RS 2477 road.
ANOTHER USE FOR GOLD From the Alaska Miner
Tiny spheres of gold are used by the Amersham Corporation of Illinois as a way to tag specific proteins to identify their function in the human body for the treatment of disease.
ACCOUNTANT COMING TO AUGUST MEETING
Our accountant Dale Bingham will be coming to the August 2nd meeting. He will be providing information about our accounting practices and probably suggest changes. Plan on being there to be informed about possible changes we may need to make.
UPDATE ON SUCTION DREDGE CASE - Guy Michael
The Case load for the Court in Marion County must be overloaded or maybe they wanted to see how the issues concerning placer mining fares in the legislature this year. The latest on our case is that the judge wants to hear all issues concerning the settlement agreement, in October 2013; we started addressing these a few months ago. The scheduling for briefs begins with us in September 2013.
After the decision on whether we get to add the settlement agreement to our amended complaint, the next step will be hashing out our amended complaint. I also understand that we need to complete half of a day in deposition with one of DEQ staff. So it looks like our case will not be changing anything on this year’s permitting. However, the current permit for suction dredging is good until December 2014; perhaps sometime before that we will get a favorable decision and not have to appeal.
OREGON LEGISLATURE AND BAD BILLS –Guy Michael
As for bad Bills, the one that appears to still be alive is SB 838A, which requires a moratorium on all motorized placer mining within 300 feet of streams in Oregon. There are several amendments to the bill. The A-4 version excludes large-scale gravel and gold mining, because their operations are permitted by DOGAMI (Depart. of Geology and Mineral Industries). The A-6 version, I believe, will be presented by the Republican Caucus, and this amendment deletes the moratorium. (There are so many versions I may have that one wrong, because the amendments are not all listed yet on the legislative website).
The A-8 version allows only 850 permits by Depart. of State Lands (DSL) in the State’s essential salmon habitat designated streams; and the A-9 version allows the number of permits from DSL to be the amount that were issued in 2012. Because there are so many amendments, I presume, the Joint Ways and Means Committee sent SB 838A and all of its amendments to the Natural Resources Sub-Committee of the Ways and Means.
There is only one more week left for Bills in the Joint Ways and Means and in the Senate Rules Committee, or they will die. So this coming week will be lively, probably with everyone trying to get their Bills passed that made it to these two committees and then have them sent to the floor for a vote by the Senate and the Representatives. (Editor Note: the final version SB 838-10 came out with a do pass and will be voted on by the full Senate this week and then go to the House.
HB 2841 MINER’S BILL TO IMPROVE COMMUNICATION APPEARS STUCK
HB 2841A made it through the House with all 60 Representatives voting yes. The Bill requires primarily DEQ to consult with those that mine under recreational or small scale mining permits at least 30 days before starting the public process for permitting on any rule changes or permits changes based on orders.
The Bill seems to be stuck in the Senate Rules Committee. Based on research, I believe I have finally figured out why; it is because no one wants to carry the Bill to the floor. HB 2841 passed the House with the understanding that there was not enough time to get the final amendment approval between the miners and DEQ on certain language. Unfortunately, this A-4 version was not adopted in the Senate Environment and Natural Resources Committee before it was sent to the Senate Rules Committee. I happen to like the A-4 version, which was made for DEQ’s sake so they would support HB 2841, which they did.
As I understand from testimony during the hearing, the governor’s office required DEQ to become neutral on the Bill instead of supporting it, although DEQ said they liked the Bill. What is interesting is that the Bill was approved for passing and sent to the Rules Committee with a three to two vote; three Democrats on the committee voted to approve it and the two republicans voted no. I presume the no votes were because the A-4 version of HB 2841A was not approved by the committee during its workshop. The Bill will likely die, if it is not sent to the Senate floor for a vote. It is the A-4 version that DEQ had supported until the governor’s office stepped in.
EOMA ADVERTISING AND SALE LISTING
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:(5)
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.
CLAIMS FOR SALE :(5)
Two claims starting on the Burnt River and running up Clarks Creek. The Gold Danser is an eighty acre claim, with a lot of un-worked placer and good water. The Gold Danser II contains forty acres on Clarks Creek, and has had Geophysical Magnetometer mapping done on it, showing a large buried placer structure running through the claim. Both of these claims are accessed on year round county roads. $35,000 for both. Call: 541-523-3285, or Cell: 541-310-8510.
PLACER MINE FOR SALE (1)
Placer Mine, 59 Acre upper gravel bar placer claim near the Burnt River in Oregon, best offer in writing with deposit by Aug 1st 2013. There is 1/8 + mile diggings and fresh tailings. Four plus shafts, water nearby, borders previous mining district and patented ground - with possible equipment options. Contact: Craig at 406-579-5291, or Leave Message.
TRENCHERMAN BACKHOE:
Trencherman Backhoe, all hydraulic, and towable behind a 4 wheeler or pickup.
New cost was $5,900.00, asking $4,000.00, in excellent shape.
5hp Briggs & Stratton generator, Coleman Powermate 2500 series, Like new $2,500.00
225 shop welder series range $150.00. Harold Anderson 541-562-5966
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 set contained in a hand made solid wood folding display box with 17 additional coins. Price, $1,000 firm. Call 541-523-9386 or 541-403-0043.
GOLD FIELD EXPLORER II (3)
A Gold Field Explorer II is designed to wash, classify and recover your diamonds, gemstones and gold. The Explorer II lists new for $8,500. It can be used for professional sampling, small scale production, and for that final clean up of larger processing plants. Price $2,000 or OBO. Call 541-524-9386 or 541-403-0043.
Three 40 Acre Unpatented Placer Mining Claims Along Clarks Creek: These Baker County claims run from the patented Dooley Placer upstream to Blue Trigger Gulch. These claims are historic producers, with gravels over 20 feet deep. Price is $7,000 per claim or $20,000 for all three claims. Call Larry Pestes at 503-663-5500 or Jan Alexander at 541-446-3413 for information
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