Jump to content

Recommended Posts

Hey guys!!

So I'm wondering if anyone knows the Oregon law or can point me to a link (I've exhausted google on this) if I can use a recirculating sluice powered by a 12v battery back at camp and bring dirt up from the river to work.  I've put in phone calls down to Salem numerous times and have never received a call back.  I think after reading the 700 permit rules I would need this permit if I was discharging tailings back into the river but I'm unclear if I bring the dirt up if that's still a no-no.  Oregon mining laws in general are pretty frustrating to try and navigate.

I really appreciate any information about this subject somebody might be able to point me to.

Thanks a bunch!

~green

Share this post


Link to post
Share on other sites

My brother and I did when he lived in Hermistan, OR. and had no problems when the game warden came by.

He told us that people do it all the time, but we needed to clean up the area like it was before we got there.

Share this post


Link to post
Share on other sites

For federal land in Oregon that is open to mineral entry, in other words, on which mining claims may be filed:

Forest Service http://www.fs.fed.us/emc/nepa/oged/includes/leasing_regs_36cfr228.pdf

(1) A notice of intent to operate is not required for:

(i) Operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest System purposes;

(ii) Prospecting and sampling which will not cause significant surface resource disturbance and will not involve removal of more than a reasonable amount of mineral deposit for analysis and study which generally might include searching for and occasionally removing small mineral samples or specimens, gold panning, metal detecting, non-motorized hand sluicing, using battery operated dry washers, and collecting of mineral specimens using hand tools;

BLM Casual Use http://www.gpo.gov/fdsys/pkg/CFR-2010-title43-vol2/xml/CFR-2010-title43-vol2-sec3809-5.xml

"§ 3809.5 How does BLM define certain terms used in this subpart?

As used in this subpart, the term: Casual use means activities ordinarily resulting in no or negligible disturbance of the public lands or resources. For example—
 
(1) Casual use generally includes the collection of geochemical, rock, soil, or mineral specimens using hand tools; hand panning; or non-motorized sluicing. It may include use of small portable suction dredges. It also generally includes use of metal detectors, gold spears and other battery-operated devices for sensing the presence of minerals, and hand and battery-operated drywashers. Operators may use motorized vehicles for casual use activities provided the use is consistent with the regulations governing such use (part 8340 of this title), off-road vehicle use designations contained in BLM land-use plans, and the terms of temporary closures ordered by BLM. Code of Federal Regulations / Title 43 - Public Lands: Interior / Vol. 2 / 2010-10-01780

(2) Casual use does not include use of mechanized earth-moving equipment, truck-mounted drilling equipment, motorized vehicles in areas when designated as closed to “off-road vehicles” as defined in § 8340.0-5 of this title, chemicals, or explosives. It also does not include “occupancy” as defined in § 3715.0-5 of this title or operations in areas where the cumulative effects of the activities result in more than negligible disturbance.

 

Note that although the BLM mentions "may include use of small portable suction dredges" may is the key word and in fact all states now require a permit to run a suction dredge. While BLM may administer the land and not require notice for running a small dredge the water falls under other state and federal agency jusrisdiction. In general assume anything with a gasoline motor or that discharges water into a stream may be subject to some level of permitting.

It’s a good idea to have a copy of the above information with you when prospecting. And of course no prospecting on mining claims without the express permission of the owner, period.

Oregon State Law https://www.oregonlegislature.gov/bills_laws/ors/ors517.html

PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING

      517.120 Definitions for ORS 517.120 to 517.133. As used in ORS 517.120 to 517.133:

      (1) “Mining” means the removal of gold, silver or other precious minerals from aggregate or a vein of ore.

      (2) “Mining claim” means a portion of the public lands claimed for the valuable minerals occurring in those lands and for which the mineral rights are obtained under federal law or a right that is recognized by the United States Bureau of Land Management and given an identification number.

      (3) “Prospecting” means to search or explore, using motorized or nonmotorized methods, for samples of gold, silver or other precious minerals from among small quantities of aggregate or ore.

      (4) “Recreational mining” means mining in a manner that is consistent with a hobby or casual use, including use on public lands set aside or withdrawn from mineral entry for the purpose of recreational mining, or using pans, sluices, rocker boxes, other nonmotorized equipment and dredges with motors of 16 horsepower or less and a suction nozzle of four inches or less in diameter.

      (5) “Small scale mining” means mining on a valid federal mining claim operating under a notice of intent or plan of operations while using whatever equipment is necessary, as approved by the notice of intent or plan of operations, to locate, remove and improve the claim. [1999 c.354 §1]

 

      Note: 517.120 to 517.135 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

  • Like 2

Share this post


Link to post
Share on other sites

Thank you Steve that's super helpful.

Yes the area we're in is not claimed and wide open.  I couldn't find any reports of gold being found on this creek.  We were panning up there last weekend and found a decent amount of fines.  I ended up leaving the gold cube at home this weekend, I figured better safe than sorry.

So I read this section:

(ii) Prospecting and sampling which will not cause significant surface resource disturbance and will not involve removal of more than a reasonable amount of mineral deposit for analysis and study which generally might include searching for and occasionally removing small mineral samples or specimens, gold panning, metal detecting, non-motorized hand sluicing, using battery operated dry washers, and collecting of mineral specimens using hand tools;

I read this as a "No" on the gold cube since it's a motorized battery sluice & I would assume pulling 5 gallon buckets from the river would be considered an "unreasonable" amount of dirt for analysis of mineral deposits?

Thanks again,

green

 

Share this post


Link to post
Share on other sites

I moved my question to a more appropriate post...

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Similar Content

    • By mn90403
      We should have known earlier.  According to Clay at My Land Matters:
      Mining is exempt from lockdown Did you know mining activities have been declared an essential industry? Mining is on the US Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency's ‘Essential Critical Infrastructure Workforce’ list.
    • By Lunk
      I'm strictly a detector operator, so when a friend asked me about the ins and outs of dry washing on public lands, I was at a loss. I told him that I would ask the knowledgeable folks here on the forum. Specifically, is dry washing considered casual use of the land, just as metal detecting and panning are? Is a mining claim and/or notice of intent or plan of operation required for motorized dry washers? Thanks in advance for your insights!
    • By softhorse
      Good mornin' y'all-
      I have done several hours of solid research this morning about lode staking and I have not found conclusive answers to theae two questions yet. These questions are only for the initial time you actually discover the lode area and place the monument on the diacovery, before sending in any paperwork/filing forms/fees, etc. If you have any experience with these specific areas of lode claim staking here in CA, I would very, very much appreciate any advice, experience, and or details you have to share. Thank you very much for your time, experience, and your help. 
      1. Does the discovery monument need to have a written/filled-out notice of discovery paper/sign attached to the actual monument or posted anywhere around it on day-1, or, does it simply just have to be a bare monument with no posted notice/wtitten sign?
      2. If a written/filled-out notice of discovery paper/sign is required on the center monument at the initial staking of said Lode claim, do I need to list my personal address of residence with my full name posted on the sign? I'd like to maintain whatever privacy I am allowed to keep while also following all of the related rules/regulations/laws. I do not have a separate business set up that I could put on the sign either.
      Thanks again and have a rockin' day!
      Kevin
    • By Gold Hound
      Hi Guys
      I've started this post to inform members and non member detectorists that the NQMA  (North Queensland Miners Association) is lobbying the Queensland Mines department to change access laws to EPM's (exploration tenements)
      The proposed change would ban detecting and prospecting on exploration tenements without the consent of the tenement holder.
      This would effectively ban metal detecting in any gold field as they are mostly covered by exploration tenements. Whats worse is that more than half of the members of the NQMA are detectorists or hobby prospectors. And they are using the money from their yearly fee's to lobby for this change.
      This change is the brain child of James Said the current president of the organization.
      I urge members and non members to contact the NQMA and voice your concern about the changes they are lobbying for.
      To contact the NQMA please email info@nqma.com.au, please reference the best contact below in your email.
      President – James Said
      Vice President – Graham Byrne
      Secretary – Lyn Byrne
      Treasurer – Michele Mobbs
      Native Title Officer – Paul Crossland
      Publicity Officer – James Said
      Feel free to spread the word 
      Regards
      Dale
    • By Sourdough Scott
      This is a great response.  Had to share. 
      http://www.reptilesmagazine.com/Owners-Response-to-Govt-Request-to-Access-Property-to-Count-Yellow-Legged-Frogs-is-Priceless-trending/
    • By jasong
      Please, no rants, opinion, or anything off the topic. Mining only. Claims should be substantiated and supported with valid sources and evidence. Anecdotal evidence is not useful here. Please be able to cite which particular law or regulation an abuse or overstep is occuring upon. I'm especially interested if such a regulation is in violation of the General Mining Act of 1872.
       
      Federal only (BLM, EPA, DEQ, USFS, etc), unless it's a state issue where they are clearly violating federal law.
       
      I've read about people's complaints online for years. So let's imagine that over the next few days we have someone's ear who is in a position and has the power to really change things for a moment and is interested in truly representing the people. What would the mining community take that opportunity to say to them? 
×
×
  • Create New...