EASTERN OREGON
MINING ASSOCIATION
JUNE 2022
Volume 393
JUNE 3rd, 2022 MEETING AT ELK CREEK ENTERPRISES
We will have a meeting JUNE 3rd, 2022 at the Elk Creek Enterprises saw shop located at 890 Elm Street in Baker City. The Board Meeting will begin at 6:00 PM with the general meeting following at 6:30 PM. As usual we will give away a 1 oz. silver medallion at the end of the meeting.
PRESIDENT’S MESSAGE-Ken Alexander
Today, while I am writing this, I see the price of an ounce of gold, according to Kitco, is $1,862.20. It made me wonder how this price is actually set, since gold is traded across so many different exchanges. There is no clear answer. I find it handy to use Kitco because it is live on EOMA’s website. http://www.h2oaccess.com/ Kitco claims it calculates the relative worth of one ounce of gold by removing the impact of the value of the U.S. dollar index, since as the dollar value changes, so does the number of dollars required to buy an ounce of gold. London Over-the-Counter (OTC) spot gold market trading and COMEX gold futures trading are also factors in setting gold prices. It means international gold prices are mostly set by the paper gold market, and not by the physical gold market. It is complicated, but it seems that supply and demand for physical gold plays very little role in setting the gold price in COMEX , and the London OTC market.
That said, the price of gold, whether up one day or down the next, is relatively high, even when you figure in rising fuel prices. I enjoy the challenge of prospecting new ground to determine values. I also enjoy sometimes seeing gold in the sluice box when the pump is turned off, and seeing a line of fine gold on the wave table as the gold separates from the black sand.
There is a lot of gold left in the ground still to be discovered. Hopefully, you will find time to get outside and enjoy the search for a valuable deposit.
POWDER RIVER WATERSHED MINING PLANS EIS-Jan Alexander
Twenty-Two Mining Plans of Operation are still on hold. The Forest promised that the EIS would be published in April, then changed this date to May. We still have heard nothing. We are hoping this won’t drag on into the summer months.
SPECIAL USE PERMITS DO NOT APPLY TO MINING OPERATIONS-Jan Alexander
In Maley’s Handbook of Mineral Law on page 356 there is a section entitled “Special Use Permits Do Not Apply to Exploration or Mining Operations”. In U.S. v. Craig CR-82-811 (April 16, 1984), the U.S. District for the District of Montana considered a case where a mining claimant appealed from a U.S. Magistrate’s judgement finding him guilty of violating the regulations 36CFR261.10(a) and 261.12(d). (Law enforcement regulations). The Forest Service contended that the claimant had damaged a National Forest system road and had locked a gate on a forest system road without a special use permit required by 36CFR 261.
The Montana District Court dismissed the complaints and held that the “appellant was not required to have a special use permit for activities done in connection with mining operations as defined in 36CFR 228”. The Court also held that 36CFR 262 (law enforcement regulations) does not apply to a claimant acting under the United States Mining Laws of 1872 who submitted a proposed plan of operations as required by 36CFR 228.
IMPORTANT DISTINCTION BETWEEN 228A MINING REGS AND 251 SPECIAL USE REGS-AEMA
There is a very important distinction between authorizations under the 228A regulations and those under the 251 regulations. Under the 228 regulations, (Forest Service mining regulations) the agency can impose reasonable conditions to protect surface resources but cannot materially interfere with reasonably necessary mining activities. In contrast, the special use regulations provide broad discretion to deny any uses that are not “in the public interest.”
FEDERAL SURFACE MANAGEMENT ACTIVITIES CANNOT MATERIALLY INTERFERE WITH MINING OPERATIONS-Jan Alexander
Mining claim owners have a private property right in the minerals, and the public may not mine on your claim. However, claim owners do not own the surface, and the public may enter upon the mining claim as long as they do not interfere with the mining operation, and as long as they stay out of the area being actively mined. This is a safety issue and must be enforced.
The Government also may not materially interfere with a mining operation. In Maley’s Handbook of Mineral Law, the Robert E. Shoemaker case is discussed. “The Board determined that “materially interfere” is equivalent to “substantially hinder, impeded or clash”. In this case, the government had constructed 10 weirs in the stream where the miner conducted suction dredge mining. The Board then held that the 10 weirs “substantially impede” or “materially interfere” with the appellant’s mining operation. Whenever the government does work on a mining claim, they must get the miners’ consent.
CONGRESS TRYING TO REVISE THE MINING LAW-Mark Compton AEMA
Last week was a microcosm of just how busy and consequential this year can be for the mining industry, as we saw a perfect storm of activity in the executive, legislative and judicial branches.
Although this activity has seemingly accelerated, AEMA continues to work closely with our members and allies to meet the challenges and strategically take advantage of our opportunities.
We are experiencing the usual attempts to revise the Mining Law in Congress. The last week of April saw the introduction of mining legislation in both the House and Senate, by Rep. Grijalva (D-AZ) and Sen. Heinrich (D-NM), respectively. The timing of the introduction was fortuitous, as AEMA was in D.C. that week and we were able to immediately begin our outreach efforts to oppose these punitive bills.
I made a return trip to D.C. last week to continue working against the Grijalva bill, and I attended the legislative hearing in the House Energy and Mineral Resources Subcommittee where AEMA member Debbie Struhsacker, representing the Women’s Mining Coalition, gave an outstanding performance as the lone minority witness.
I also was honored to be invited to the White House last week for the kickoff meeting of the Interagency Working Group on Mining Regulations, Laws and Permitting. Obviously, there are those who want to severely restrict mining in the United States. After all, it was no coincidence that the White House meeting was held on May 10, the 150th anniversary of the signing of the Mining Law of 1872.
On the other hand, I don’t believe we have seen a time in recent history where there is so much bipartisan recognition of the need for a strong domestic mining industry to meet the supply chain challenges facing our country. Geopolitical realities certainly must be considered as the Interagency Working Group formulates recommendations for regulatory and statutory changes, and AEMA will be on the front lines engaging in this process. AEMA will continue to pro-actively tell our story to prevent radical changes to the Mining Law and regulations, and/or fight judicial decisions that could severely damage the U.S. mining industry. Just as the importance of safe and reliable supplies of critical and strategic materials has never been higher, the stakes have never been greater for the mining industry and our nation. No matter the question, mining is part of the solution.
Bipartisan Senators Push Good Sam Legislation-AEMA
On May 11, Senators Cynthia Lummis (R-WY) and Mark Kelly (D-AZ), signed and sent a letter to leadership of the Senate Environment and Public Works (EPW) Committee, asking them to prioritize S.3571, the Good Samaritan Remediation of Abandoned Hardrock Mines Act, and hold a hearing on it. Lummis and Kelly are cosponsors of the Good Sam bill, and are also members of EPW. Securing a hearing will be an important step in moving Good Sam forward.
EPA sites like the Buffalo Mine could be reclaimed without fear of law suits.
SENATE HEARING EXPLORES CANADIAN MINING SYSTEM-AEMA
This week, the Senate Energy and Natural Resources Committee (ENR) held a hearing on the U.S.-Canada Energy and Minerals Partnership. All witnesses were from Canada, with the purpose being to examine opportunities for both countries to bolster cross-border cooperation and trade in the energy and minerals sectors.
Chairman Manchin and others spoke of working with Canadian government and industry to create a “North American minerals alliance.” Several senators asked the panelists, most of whom were government officials, questions about the Canadian environmental review and permitting process, with the intent to learn how and why their systems are more efficient in moving projects to approval, while achieving a comparable level of environmental protection. A key observation that several panelists made was that involvement of stakeholders early in the process and subsequent identification of significant issues or problems helps a great deal in obtaining stakeholder approval and/or “social license.” However, the Canadian system has other differences that allow for less litigation, preventing the process from dragging out for years in the courts. This hearing was the latest in a series ENR has held examining issues relevant to energy and mineral development, as Chairman Manchin seeks to gather information and educate committee members and staff. AEMA will continue to engage members of the committee to augment the information they receive from the hearings.
CALICO RESOURCES USA-THREE YEARS AND COUNTING-DOGAMI
Calico Resources USA submitted a consolidated permit application (CPA) for the Grassy Mountain underground chemical-process gold mine on November 15, 2019. The CPA was reviewed for completeness by the relevant permitting and commenting agencies under the supervision of the Oregon Department of Geology and Mineral Industries (DOGAMI). The Technical Review Team (TRT) met near the end of the 90-day review period and determined that further information was needed from the applicant for a complete application. The applicant was informed of this decision in a letter dated February 19, 2020, which accompanied a comprehensive list of comments describing the additional information needed. Additional information formally submitted by the applicant will be available for public comment.
MAINTENANCE FEE PAYMENT WAIVER CERTIFICATION (SMALL MINER’S WAIVER)-BLM
If a claimant owns 10 or fewer active claims/sites on Federal land nationwide, the claimant may qualify for a maintenance fee payment waiver also known as the small miner’s waiver. Form 3830-2 must be used when filing a small miner’s waiver request and must be filed or postmarked (if mailed) on or before September 1 every year. There is no processing fee to file a waiver. By filing a waiver, claimants are certifying that they and all related parties own 10 or fewer claims and sites nationwide and that assessment work has been or will be performed, and that the proper affidavits of assessment or annual labor will be timely filed.
EOMA ADVERTISING AND SALE LISTINGS
EOMA SILVER MEDALLIONS FOR SALE
EOMA still has silver medallions available. They are currently selling for $50.00 apiece plus $10.00 shipping, handling, and insurance. (Prices are subject to change).
You can order your medallion from the EOMA website and pay by pay-pal. Or, you can send $50 plus $10.00 shipping and handling to EOMA, Medallions, PO Box 932, Baker City, OR 97814, or call 541-310-8510. Also, you can buy them at our EOMA meetings.
NINE UNPATENTED PLACER CLAIMS FOR SALE
These claims are in the Greenhorn Mining District, adjacent to the Parkerville and the Bonanza patented properties. Geiser Bowl- 60 acres, PW #1- 80 acres, PW #6 -100 acres, Black Beauty- 100 acres, Blue Mt Channel #3-100 acres, Carranza-80 acres, Dottie Two-80 acres, Mart Jones-60 acres, Wizzer-80-acres.
Contact LaRayn Rose for list prices, and of course, any reasonable offer will be considered especially for multiple claim purchases. (503) 317-6914
FOR SALE-20 ACRE MINING CLAIM ON THE NORTH FORK BURNT RIVER
This claim is located immediately downstream from Antlers Guard Station. There is an approved Plan of Operation in place with the Forest Service., which can be transferred to the new claim owner.
From Highway 7, it is just a short drive on the graveled county road to the claim. If interested, e-mail me at MinelabGeek@hotmail.com.
FOR SALE
Gold Bug II detector, Fisher Double Box detector, and an Earth Magnetometer; $1,000 for all.
This magnetometer measures the amount of magnetics in the ground, such as magnetite. Since magnetite is associated with gold, the magnetometer can help greatly with prospecting, since it will show you the amount of magnetite that may well be associated with gold in the ground. The more magnetite, the more gold. These were used very little. Call Chuck at 541-310-8510.
PUMPS FOR SALE
Two water pumps with belt driven clutch system (heavy duty) driven by a 2-cylinder Wisconsin gas engine for $250.
Also, a 5" intake 7" discharge Fairbanks and Morse high pressure pump. Driven by a 30 HP 3 phase electric motor for $450. Call Ken Anderson at 541-523-2521 or 541-519- 9497
WANTED
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-SMALL HARDROCK MILL
I need a jaw crusher or small hammer mill. Please call Pete at 541-910-9712 if you have one you want to sell.
WANTED-GOLD
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.
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AMERICAN EXPLORATION & MINING
EOMA is a member of American Exploration and Mining Association, and many of our members are also individual members. 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/
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