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.
Legislative and Regulatory Update
Forest Service v. Michael & Linda Backlund
On Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.
We’re Still Thinking About It
We have learned over the years, of course, that “previous development,” “roadless,” and “local support,” are in the mind of the beholder.
Legislative and Regulatory Update
• US District Court rules against Oregon miners
• Bill to halt sage grouse management plans introduced.
Fighting and Winning Without a Lawyer
This article may not be as interesting as someone describing a big nugget find in Australia...but right now the biggest obstacle to mining is our government.
California Destroys Another Prospecting Business
His small business managed to pump millions of dollars over the years into the California economy.
Legislative and Regulatory Update
• California suction dredgers had better prepare for battle
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