Legislation & Regulation
Legislative and Regulatory Update
December 2013 by Scott Harn
BLM has again increased fees associated with mining claims. On September 1, 2013, BLM raised mining claim fees for new claims to $194 (up from $189) for the first 20 acres of a placer claim, mill site and/or tunnel site. Placer claims are still an additional $140 for each additional 20 acres.
The processing fee has also increased from $15 to $20.
• Critical minerals bill
A bill addressing critical minerals has been introduced in the US Senate. This would be a companion bill to HR 761, the National Strategic and Critical Minerals Production Act, which passed in the House on September 18, 2013.
China has “cornered the market” on many of the critical minerals and metals, and currently produces over 95% of the rare earth elements.
Like the House version, the Senate bill would seek to streamline permitting and remove some of the roadblocks to getting a mine up and running when the commodity being mined is deemed to be critical or strategic.
• Sage-grouse habitat
Draft Resource Management Plans have been released for managing sage-grouse habitat in the western states.
The BLM will be seeking restrictions on millions of acres of public land across many western states in an attempt to preserve sage-grouse habitat. Public comments on the plans are due by January 29, 2014.
Plans have been split into regions, and you can view all of them from a central location online at www.blm.gov/sagegrouse/
Scroll down the page to the bottom and look for “November” to find links to the regional Resource Management Plans. Public meetings are scheduled for late November, December and January. There are too many public meetings to list them all here—please visit the website listed above to find the meetings in your area.
MMAC & PLP Update
There are some miners who are under the impression that an organized Mining District will immediately get the regulatory agencies off their backs so they can start digging or dredging again.
Lawsuit Update From the New 49'ers
Many of you are aware that we have been engaged in litigation with anti-mining activists that have been attacking us through the Karuk Tribe of California since 2003. It all started with their lawsuit against the US Forest Service (USFS), challenging that District Rangers do not have the authority to allow small-scale mining activities under a Notice of Intent (NOI) when the Ranger concludes that the mining activity is not likely to create a substantial surface disturbance.
Michigan House Votes to Give Mining Operations More Flexibility
Casperson said he is not worried about businesses subverting the language in the bill because the DEQ would still have the authority to halt the new construction if it is deemed environmentally unsound.
Legislative and Regulatory Update
• Big banks penalized for rigging gold price
• Mining royalties excluded from reconciliation bill
PLP To Address Needs Of Small Miners With Proposed Amendment
The Senator’s office was very receptive to the small miner’s plight and was unaware of the dire problems created by the over-regulation of small-scale mining from so many different fronts. It was pointed out that S 145 may help the large mining companies a little, but falls woefully short in addressing the needs of small operators who make up 85% of domestic mines.
Selecting A Low-Risk Region To Explore, Mine or Invest
“The evidence is clear—mineral deposits alone are not enough to attract precious commodity investment dollars...”
Uphill Battle Continues for California Dredgers
There are currently three controlling agencies or entities over suction dredging in California—and you can make that four if the state legislature decides to further muddy the waters with additional legislation to block suction gold dredging in the state.
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