IGPA minutes 21406 by sofiaie


									                      IDAHO GOLD PROSPECTORS

                                       March 2006
                         Web address: www.idahogoldprospectors.org

                 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
chuckdelores@yahoo.com                      SIMMONS, ERIC WEBB

VICE PRESIDENT:                             NEWSLETTER:
TAMI PALIN                                  WARREN & NANCY JINDRICH
TLPALIN@YAHOO.COM                           208-343-5179
                                            GENA CAMERON
SECRETARY:                                  gecko140@cableone.net
208-433-9978                                LEGISTLATIVE:
tiffanyleib@aol.com                         AL MALMSTROM, RODNEY POE,
                                            RON MACKELPRANG, AL PALIN
JESSE LEIB                                  ANNUAL MEMBERSHIP DUES
208-433-9978                                Individual $20.00 Couples $25.00
jesseleib@aol.com                           Families $30.00

          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,
                                               Tami Palin, acting secretary.
Chuck Knapp, President
Phone 888-3651
E-mail chuckdelores@yahoo.com                      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

May 6 & 7th
Spokane Washington
Spokane Interstate Fairgrounds
404 N Havana
Spokane, WA 99202

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