Legislation & Regulation
Legislative and Regulatory Update
June 2011 by Scott Harn
Democrats on budget committees in both the state Senate and Assembly added language to the budget bill that would place a 5-year moratorium on suction gold dredging unless all impacts of suction dredging are fully mitigated and a new fee structure is in place to fully cover all program costs. The wording would prevent the Department of Fish & Game from spending any funds on dredge regulations and permitting, and would only authorize DFG expenditures related to enforcement and litigation.
It would be impossible to mitigate all aspects of suction dredging—the DFG included items like noise and aesthetics for which there is no mitigation.
If the budget bill passes with this wording included and it is signed by Governor Brown, it would bring the current process of developing revised regulations to a halt.
It may be that Democratic legislators in California have no clue that suction dredgers contribute well over $100 million to the state economy. However, it’s more likely that they don’t care and are beholden to the environmental interests and their money.
We have two suggestions: Contact your legislators and let them politely know how the moratorium on suction dredging is hurting the economy and how it affects your personal spending. In addition, if you are sending a letter to a Republican legislator, ask them to place holds on Democratic bills and initiatives until the suction dredging language is removed from the budget bill.
• Two Oregon Sheriffs challenge Forest Service authority
Grant County Sheriff Glenn Palmer and Josephine County Sheriff Gil Gilbertson both sent letters to the Forest Service expressing their frustrations with how the Service deals with public lands issues, including mining-related issues.
“Regarding the pending cooperative policing agreement between the US Forest Service and the Grant County Sheriff, I am advising you in writing that I will not be signing the agreement. I do not believe that it is in the best interest of the people I serve or the Grant County Sheriff’s Office to continue with the agreement,” said Palmer.
Sheriff Gilberston has had many meetings with the Southwest Oregon Mining Association over the property rights of miners and undue harassment by Forest Service law enforcement officers.
“... it is still the responsibility of this Office to deal with all crimes committed within this geographical jurisdiction. To be clear on my side, I will not abrogate the duties and responsibility of law enforcement within this county,” wrote Gilbertson.
It’s refreshing to learn that these sheriffs are taking the lead in the protection of miner’s rights.
• Gold is money
Legislators in South Carolina have proposed a bill to make gold and silver an alternative currency to the US Dollar in their state.
The House version of the bill states it would “amend the code of laws of South Carolina, 1976, by adding Article 18 to Chapter 1, Title 1 so as to provide that gold or silver coin, or both, shall be legal tender in this State for payment of certain debts; and by adding Article 26 to Chapter 1, Title 1 so as to establish a joint committee for the adoption of an alternate form of currency.”
A similar bill is under consideration by the South Carolina Senate.
South Carolina is following in the footsteps of Utah, which already approved gold and silver as legal tender. Eleven other states are considering similar bills.
PLP and MMAC Update
The current administration is receptive; we believe the time is ripe to push for a return to reasonable regulations and to restore mining to a priority for public lands as long as some new crisis doesn’t take precedent.
Legislative and Regulatory Update
• Lawsuits galore
• Suction dredging saga continues
• HR 1937 to streamline permitting, remove obstacles to miners
• Sage-grouse debate continues
• More National Monuments
Legislative and Regulatory Update
• Bills introduced to stop federal management of greater sage grouse
• WOTUS under review
• Congressional Review Act
Colorado Disputes Key Part of EPA Mine Report
King’s letter is a blow to the EPA’s contention that outside technical experts supported its plan to push a drainage pipe through debris covering the entrance to the Gold King Mine…
Because I Said So
Like all federal judges, he swore an oath to perform his duties “impartially… under the Constitution and laws of the U.S.” Nothing in those documents gives Judge Morris authority to order the BLM to work with non-government organizations (the same ones that filed the lawsuit in question) to alter America’s use of energy.
Legislative and Regulatory Update
• Critical minerals obtain national security status
• Idaho to take over EPA permitting
Legislative and Regulatory Update
• Anti-dredging bill SB 637 passes
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