Legislation & Regulation
Legislative and Regulatory Update
March 2019 by Scott Harn
• Massive 660-page lands bill passed in the Senate
Senate Bill 47 (S47), the Natural Resources Management Act, introduced by Senator Murkowski (R-Alaska), was chock full of land conveyances, mineral withdrawals, park boundary adjustments, and gifts to various Senators to get their support. Our biggest concern is that it included permanent funding for the Land and Water Conservation Fund (LWCF), which is the primary vehicle used by the federal government to place more public lands off-limits to mining.
Senator Mike Lee (R-Utah) introduced an amendment in an attempt to limit authorization of the LWCF to a period of four years.
In support of the LWCF limits, Senator Lee stated, “...the program has regrettably drifted far from its original intent and has become rife with abuse.
“Indeed, the Land and Water Conservation Fund—or LWCF, as it is often described—has instead been used as a primary tool for more Federal land acquisition rather than to actually help people access or to help the government care for the land we already manage.”
Senator Lee also noted the federal government currently administers 640 million acres and there is an $18.5 billion maintenance backlog on federal lands.
Senator Lee’s amendment was defeated by a vote of 68 to 30.
S47 received a full, recorded vote on February 12, and it passed overwhelmingly by a vote of 92-8. The eight Senators who voted against the bill were Cruz (R-TX), Inhofe (R-OK), Johnson (R-WI), Lankford (R-OK), Lee (R-UT), Paul (R-KY), Sasse (R-NE), and Toomey (R-PA).
The bill now awaits consideration in the House.
Mining Districts and Community Outreach
You have made your presence known with the BLM or Forest Service, placed Mining District signs along the entrance points to your district, and found support with other local miners. But how do you gain popular support?
Legislative and Regulatory Update
• Idaho continues toward elimination of EPA suction dredging regulations
• EPA makes preemptive strike against Alaska mine
• Proposed Mines Act permit fees
Legislative and Regulatory Update
• California dredging update
• Favorable bills in Congress
Revised Dredge Regulations Published for California—Pure Garbage
We can’t say it wasn’t expected. The California Department of Fish & Game released revised suction gold dredging regulations on February 17, 2012, and it’s obvious the agency wants to make life as difficult as possible for dredgers.
Legislative and Regulatory Update
• Pruitt out at EPA
• NDAA still under negotiation
• AMRA’s California mining bill fails to reach floor vote
Legislative and Regulatory Update
• ESA changes for the better
PLP Update: How to Restore The Rights of Suction Dredge Miners
A two-pronged approach is necessary to restore suction dredging; federal preemption needs to be established as addressed above via petition; and clarification from the EPA is needed to establish that no Section 402 permit is necessary when there is no “addition” of a pollutant.
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