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IDAHO GOLD PROSPECTORS ASSOCIATION March 2006 Web address: www.idahogoldprospectors.org Meetings Borah High School (in the rear) 6001 Cassia St., Boise, Idaho 2nd Tuesday of every month (except December) – 7 p.m. Our club has access to approximately 15 claims in Southwest Idaho, ranging from Atlanta to Fairfield, and the Boise Basin area to Silver City. Anyone who is a member in good standing is able to utilize these claims and keep any gold they find. Miss Lucy Grimes Creek MOU Hannah 1 Dream Flap Jack Mac Paymaster Golden Rule China Wine Cup Silver City/Creek Claims PRESIDENT: CLAIMS: CHUCK KNAPP RON MACKELPRANG 208-345-9360 208-888-3651 CO-CHAIR ROB ROBINSON, JAMES firstname.lastname@example.org SIMMONS, ERIC WEBB VICE PRESIDENT: NEWSLETTER: TAMI PALIN WARREN & NANCY JINDRICH TLPALIN@YAHOO.COM 208-343-5179 GENA CAMERON SECRETARY: email@example.com TIFFANY LEIB 208-433-9978 LEGISTLATIVE: firstname.lastname@example.org AL MALMSTROM, RODNEY POE, RON MACKELPRANG, AL PALIN TREASURER: JESSE LEIB ANNUAL MEMBERSHIP DUES 208-433-9978 Individual $20.00 Couples $25.00 email@example.com Families $30.00 MEMBERSHIP: ROB ROBISON 208-703-0822 PRESIDENT'S MESSAGE: Al Malmstrom asked if anyone knew about a new regulation that requires a plan Hello fellow prospectors, of operation on claims. Jesse gave the treasurer’s report: Well another month has gone by and $5107.95 in the checking account, $625.00 it feels like several. I want to get out and for the Miss Lucy bond, $50.00 in petty find some gold. cash, for a total of $5782.95. I would like to thank everyone that On May 6-7 there will be a GPAA extended condolences and attended services meeting and show in Spokane that will also for Joann Simmons last month. My have a conference regarding ways to pursue sympathy goes out to James and his legal actions regarding prospecting. children. They have been great members. The raffles were held. Stanley (sorry, I haven’t been up to Idaho City yet I didn’t get your last name) won the but hope to before the next meeting. We are president’s drawing and will bring the going to have lots of water this year and I refreshments for the March meeting. Diane am getting excited about getting out there Jensen donated the following prizes for the and get that gold. raffle: Candy thermometer, lunch rollup Warren got our water permit so when bags, tent pegs, oil spout, camera strap, and the snow is gone we will be ready. a duffel bag. The 50/50 drawing was held, the prize was $26. See you at the meeting. The meeting was adjourned. May the bottom of your pan turn Respectfully submitted, yellow. Tami Palin, acting secretary. Chuck Knapp, President Phone 888-3651 E-mail firstname.lastname@example.org VICE PRESIDENT'S MESSAGE: IGPA MINUTES 2/14/06 Hi everyone. Thank you to all of you who attended Joann Simmons' funeral (James' President Chuck Knapp called the wife). He truly appreciated it, and he meeting to order. He welcomed members wanted me to be sure to let everyone know and guests. He announced that James how much he was thankful for the club's Simmons’ wife had passed away Monday outpouring of love and support for his recent afternoon. The club approved spending up to very great loss. $100 for a flower spray for her funeral. Ron Mackelprang discussed the Tami Palin, Vice President proposed changes to the IGPA constitution. The committee will meet again soon and finalize the proposed changes. A final draft will be available by the April meeting to submit to the membership. The High Points ICMJ's Prospecting & Mining Journal, 7/05 1) The Final Rule specifically excludes a few basic Forest Service Final Rule prospecting methods from filing a Notice of Intent. When is a Notice or Plan Required? “...the Department is including god panning, non- motorized hand sluicing, and the use of battery June 6, 2005, the Forest Service published a final operated dry washers to the exempted category of Rule regarding section 36 of the Code of Federal operations described in § 228.4(a)(1)(ii) of the Regulations Part 228 (36 CRF 228) titled, interim rule. "Clarification as to When a Notice of Intent to Metal detecting is another example that is being Operated and/or Plan of Operation is Needed for added to the category of operations which § Locatable Mineral Operations on National Forest 228.4(a)(1)(ii) of the interim rule exempts from the System Lands." requirement for prior submission and approval of a proposed plan of operations. However, the type of Background metal detecting that is permissible under 36 CFR part 228, subpart A, is metal detecting associating In our July 03 issue we reported on the case of Public with locating gold or other locatable mineral Lands for the People members Lex & Waggener deposits subject to the U.S. mining laws. This ("PL) Members Win Occupancy Case -- Appeals subpart does not authorize metal detecting for other Continue")" They were cited for occupying their purposes, such as metal detecting to located treasure mining claim for more than 14 days in CA's Klamath trove, historic or prehistoric artifacts, lost coins, or Nat'l Forest, and subsequently convicted. They jewelry.” appealed. 2) The Interim Rule requirements for filing a The miners won their appeal. the judge made it Notice or Plan were somewhat improved in the Final clear that because the operation did not involved "any Rule. “If the operator reasonable concludes that the earth moving equipment or tree cutting, they were proposed operations will not cause significant under no obligation to file a notice of intent. Under disturbance of NFS resources, the operator is not Section 228.4, without a notice of intent, a Ranger required to submit a notice of intent...” would not have the opportunity to find a significant 3) Another common complaint was that the Interim disturbance of surface resources would likely result, Rule subjected miners to restrictions greater than such that a plan of operations would be required." other users of public lands. The Final Rule also "In sum, assuming that the appellants were attempted to address this aspect. camping incident to mining a claim, then, the “...the Department is adding...another category of Magistrate erred in concluding that they were not operations which can be conducted without prior authorized to do so by the Mining Law of 1872," submission of a notice of intent... This category will stated Judge Karlton. (USA v. Lex and Waggener, , include operations, which in their totality, will not CR-S-01-0559.) cause surface resource disturbance which is The FS filed an appeal but subsequently withdrew substantially different than that caused by other users that appeal. of the National Forest System who are not required July 9, '04, the FS published an "Interim Rule" to to obtain a Forest Service special use authorization, make filing a Notice mandatory for any surface contract, or other written authorization.” disturbance on public lands under the care of the FS, 4) No penalty provision was added to 36 CFR thereby regulating miners like Lax and Waggener. 228. The FS can still utilize the civil courts to go Since 1974, many miners interpreted 228.4 to after a miner who causes a significant disturbance, mean that a Notice was not necessary unless earth which is no change to the previously existing moving equipment such as backhoes or bulldozers regulations. were part of the mining operation or involved cutting trees. The Low Points The Final Rules makes some welcome changes to the Interim Rule, but many in the mining community 1) Currently, district rangers set the length of time say it still goes way too far in restricting the rights of for camping by public land users in the forest they miners. supervise, and this is commonly two weeks. Beyond this time frame, public land users need permission or “special use authorization” from the district ranger to extend a stay beyond this period. Judge Karlton stated the 1872 Mining Law excluded miners like Lex and Waggener from this restriction. If the Forest Service requires authorization from other groups, Fuel Freedom International then it’s likely they will try to force miners to do the Would you like to save money on gas and give same. your vehicle more power? Check out my 2) Numerous studies have shown that small-scale website: www.prospector.myffi.biz dredging is a “deminimus” activity, meaning it has no significant impact when operated “in season.” then see me, or give me a call. California completed an EIS for dredging, and the Chuck Knapp 888-3651 state issues a state permit with various restrictions to avoid conflicts with other public land users, fish spawning seasons and endangered or threatened species. The FS does not exclude those with state permits from the possibility of having to file a Notice. This could equate to a miner having to comply with different state and federal government requirements, even though the state has already completed an EIS to address these issues. 3) Discretionary authority given to each district ranger will remain a problem. We are all aware of district rangers who are friendly -- or unfriendly -- towards mining. The political party in control decides who will be appointed to each position of authority. It can change every fourth years, which will continue to create inconsistency and instability. A small operation could be totally acceptable in one forest, but require a Notice or possibly even a Plan in another forest based on the opinion or environmental leanings of a district ranger. The political party in control in Washington also helps to shape or reshape the opinions of district rangers. Gold Show Dates and Locations GPAA May 6 & 7th Spokane Washington Spokane Interstate Fairgrounds 404 N Havana Spokane, WA 99202
"IGPA minutes 21406"