Josh Bohmker is a friend of mine and his name is at the top of a lawsuit against the State of Oregon. I wanted to let you guys know what's going on with this and how you can help.
Back story - in 2016 Oregon banned motorized mining on many public lands, basically taking away the main gold reclamation methods that have been in use since 1872. This is similar to the California ban, though until recently Oregon has been much more pro-mining. The big issue with this is that it gives away the decision making of how we use public lands to a select group of interested state parties without federal oversight. You can read more about this lawsuit here: http://galicemining.x10.mx/main.html
The Supreme Court has refused to even look at this case, and because of this there is a short window to drum up support for the cause. If you would like the SCOTUS to look at this case, please write the President and let him know.
I'm not big on politics but since this one hits a little close to home it is important to me, and may be important to some of you guys as well. A letter, call, or email to the President doesn't take much effort but if we get enough it will help.
While reading up on and watching YT vids on the current tech, product performance reviews and such, learning the lingo, narrowing down what I would want to do with a unit and narrowing down possible equipment if I were to jump into this hobby, until now, after reading some others posts from here and around the world, it never dawned on me to consider what kind of bureaucratic BS, restrictions, laws and such that metal detecting is susceptible to in the US.
Gaining permission from private property owners is a no brainer, but other than that....................?
Do you have to register them or are we required to purchase a yearly permit to use them?
Can we transport them across state lines without being concerned about each states reciprocity?
What about being in possession and use of a dectector while lawfully carrying a firearm?
May sound like crazy questions, but that's the country we live in and it's only getting worse.
Any resources on laws and regs you can share?
I know of a great location spot for relic hunting. The only problem is that it's on federal land. I think it's also part of a federal national park or recreation area. However, the location used to belong to my spouse's grandmother and was the place of her birth and childhood. About 50 years ago, the land was taken through imminent domain.
Due to this family connection, is there a legal process or procedure that would allow me to metal detect there? And if so, would there be special rules concerning any finds?
Any advice would be appreciated.
By Clay Diggins
Not quite sure where to put this Steve. It will probably have some interest for western prospectors and the eastern hunters are going to find it really useful. You decide if it needs to be moved and I'll go with it.
Land Matters has begun a new section on their website for new projects in development. The most recent new project is Forest Ownership. This new map tracks Forest Boundaries as well as both surface and subsurface (mineral) ownership on the National Forest System.
"Forest Ownership" may sound funny since the common assumption is that all National Forest lands are created equal and are owned by the federal government. Unfortunately it's not really that simple. Land status within the forests varies greatly depending on several factors. We hope by developing this map set individual areas of the forests can be better understood by those who live near, use and research the United States forest reserves.
These maps should help you understand why some areas of forest are off limits, why you see houses and farms within a National Forest and who owns the mineral rights in any particular area of a forest.
In particular visitors to the eastern states forests can discover why they don't have the free use rights western forest users do. This map is going to be an eye opener for those who believe that all National Forests are the same. Many of the eastern forests are not owned or controlled by the federal government. Often when the U.S. has purchased some rights to surface use the minerals and timber are still owned in whole or in part by private individuals or corporations.
When you go to the New Projects Page be sure and click on the "Forest Ownership" tab in the center of the page and read the background I've written for these new map layers. That background can really help you understand what you are seeing on these maps.
The purpose of introducing these new projects while they are still in development is to get user feedback. You can have a direct influence on how these maps are developed and used as well as helping Land Matters define which projects should receive priority in their development. Please leave any comments you may have and if a particular project seems worthwhile consider supporting that project to help it along.
Here is the link to the New Projects Page. Just click on the "Forest Ownership" tab then choose the Forest Ownership map link on the right to open the new project map in a new tab.
By Brian Berkhahn
If you have comments on these proposed revisions, the deadline is June 4. It’s very important that we hear from many of you on this important issue.
NOTICE OF PROPOSED CHANGES ON MINING
IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES
The Department of Natural Resources proposes to change regulations on mining rights, addressing claim location, conflicting rights, annual labor, and penalties and eligibilities to cure abandonments.
The Department of Natural Resources proposes to change regulations on mining. The Department of Natural Resources proposes to adopt regulation changes in Title 11 of the Alaska Administrative Code, dealing with mining, including the following:
(1) 11 AAC 86.215 is proposed to be amended to address requirements for mining locations on state-owned land.
(2) 11 AAC 86.216 is proposed to be added to address overlapping and conflicting mining locations on state-owned lands.
(3) 11 AAC 86.220 is proposed to be amended to address annual labor, recording and amending affidavits of annual labor, essential facts required for affidavits of annual labor, and cash payments made instead of performing annual labor.
(4) 11 AAC 86.224 is proposed to be added to address penalties and eligibility to cure an abandonment of a claim or location under AS 38.05.265.
(5) 11 AAC 86.541 is proposed to be amended to address conditions for termination of a tide or submerged land mining lease and to address default cures in lease contracts.
(6) 11 AAC 86.590 is proposed to be added to provide definitions.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Department of Natural Resources, 550 W. 7th Avenue, Suite 1070, Anchorage, AK 99501-3579 or by e-mail to firstname.lastname@example.org or by fax to 907-269-8904. The comments must be received by the department no later than 5:00 p.m. on Monday, June 4, 2018.
You may submit written questions relevant to the proposed action to: Joseph Joyner, Department of Natural Resources, 550 W 7th Ave., Suite 1070, Anchorage, Alaska 99501-3579
Fax: (907) 269-8904, E-Mail: email@example.com. The questions must be received at least 10 days before the end of the public comment period. The Department of Natural Resources will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System
https://aws.state.ak.us/OnlinePublicNotices/Login.aspx and agency website at
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Joseph Joyner at 907-269-8511 no later than May 25, 2018, to ensure that any necessary accommodations can be provided.
For more information, a copy of the proposed regulation changes, or if you have any questions regarding the proposed regulations, go to http://www.dnr.state.ak.us/mlw/hottopics, or write to the Department of Natural Resources, Attention Joseph Joyner, 550 W. 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3579; or call 907-269-8511.
After the public comment period ends, the Department of Natural Resources will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED.
Statutory authority: AS 27.05.010; AS 38.05.020; AS 38.05.185; AS 38.05.195; AS 38.05.205; AS 38.05.210; AS 38.05.211; AS 38.05.242; AS 38.05.250; AS 38.05.255; AS 38.05.265; AS 38.05.300
Statutes being implemented, interpreted, or made specific: AS 27.05.010; AS 38.05.020; AS 38.05.185; AS 38.05.195; AS 38.05.205; AS 38.05.210; AS 38.05.211; AS 38.05.242; AS 38.05.250; AS 38.05.255; AS 38.05.265; AS 38.05.300
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation. The proposed regulations provide for user fees for certain elective services or elective uses of state-owned facilities, but do not establish mandatory permitting or compliance requirements that impose costs on a private person, other state agencies, or municipalities.
Date: May 3, 2018
Andrew T. Mack
Commissioner, Department of Natural Resources
ADDITIONAL REGULATION NOTICE INFORMATION
1. Adopting agency: Department of Natural Resources
2. General subject of regulation: Mining
3. Citation of regulation (may be grouped): 11 AAC 86.201, 11 AAC 86.215, 11 AAC 86.216, 11 AAC 86.220, 11 AAC 86.224, 11 AAC 86.541, 11 AAC 86.590
4. Department of Law file number, if any:
5. Reason for the proposed action:
( ) Compliance with federal law or action (identify):
( ) Compliance with new or changed state statute
( ) Compliance with federal or state court decision (identify):
( X ) Development of program standards
( X ) Other (identify): Mining Rights
6. Appropriation/Allocation: Resource Development / Claims, Permits, and Leases
7. Estimated annual cost to comply with the proposed action to:
A private person: None
Another state agency: None
A municipality: None
8. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 19 Years
Operating Cost $ 0 $ 0
Capital Cost $ 0 $ 0
1002 Federal receipts $ 0 $ 0
1003 General fund match $ 0 $ 0
1004 General fund $ 0 $ 0
1005 General fund/
program $ 0 $ 0
Other (identify) $ 0 $ 0
9. The name of the contact person for the regulation:
Name: Joseph Joyner
Title: Natural Resource Manager
Address: DNR, DMLW, 550 W. 7th Ave. Ste. 1070, Anch., AK 99501-3579
E-mail address: firstname.lastname@example.org
10. The origin of the proposed action:
__X__ Staff of state agency
_____ Federal government
_____ General public
_____ Petition for regulation change
_____ Other (identify):
11. Date: May 3, 2018 Prepared by:
Name: Joe Joyner
Title: Natural Resource Manager