Legislation & Regulation
Legislative and Regulatory Update
July 2014 by Scott Harn
At press time, the mandatory settlement hearings are still pending in San Bernardino, California.
All parties in the suction gold dredge court battle were ordered by Judge Gilbert Ochoa to appear or participate by phone on June 24, with additional dates of June 25 and 26 set aside if needed.
As mentioned last month, this is a good sign. If Judge Ochoa was prepared to rule against the miners, he would have already done so. But case law is in favor of the miners—states are allowed to reasonably regulate mining but cannot prohibit it. The moratorium that began in 2009 is, in effect, a prohibition, and the new regulations promulgated by the California Department of Fish & Wildlife would make it impossible to operate a suction dredge profitably even if the moratorium is lifted.
We will continue to post updates to our website
• Fighting back
You’ll notice some positive articles in this issue about miners fighting back. A few legislators seem to be taking note of the overbearing nature of federal agencies and are lending a hand.
We are certainly happy to see this trend developing and pray it continues.
There is a lesson here. Federal agencies will continue to abuse their authority and restrict our rights if we allow it. Summarize the issues involved in your case and ask for a meeting with your state or federal representative.
Be polite and respectful, but don’t allow government officers or agents to ignore the law.
You are guaranteed to lose your rights if you allow the abuse to continue!
As this issue is mailed, we’re heading off to Idaho for the Occupy Idaho Waters dredging protest. Miners will gather on the Salmon River near Riggins, Idaho, to protest EPA interference with the dredging permit process.
From June 30 through July 6, miners will gather to dredge with the support of county commissioner Jim Chmelik and the local sheriff.
We’ll report on this event in the August issue.
© ICMJ's Prospecting and Mining Journal, CMJ Inc.
Additional articles that might interest you...
Detecting Clay Seams
November 2015
Because the old timers were so good at locating the better paying deposits—most of them along clay seams in this particular area—it makes good sense to try and locate these clay lines at old mining sites.
Because the old timers were so good at locating the better paying deposits—most of them along clay seams in this particular area—it makes good sense to try and locate these clay lines at old mining sites.
Constitutional Sheriffs Standing Up for Our Rights
December 2012
Modoc County, California, is the latest county to use emergency powers to declare a state of emergency in order to take control of roads and trails away from federal agencies.
Modoc County, California, is the latest county to use emergency powers to declare a state of emergency in order to take control of roads and trails away from federal agencies.
SB 838 and the Salem Witch Hunt
December 2015
In every sense, this was a witch hunt with a preconceived agenda to heavily restrict or outright prohibit most small-scale mining in Oregon.
In every sense, this was a witch hunt with a preconceived agenda to heavily restrict or outright prohibit most small-scale mining in Oregon.
Protecting Our Access to Public Lands
June 2014
As prospectors, we cannot just roll over and continue to ignore the shift in public land management from multiple use to national preserve.
As prospectors, we cannot just roll over and continue to ignore the shift in public land management from multiple use to national preserve.
Taking on the EPA, Sasquatch, Ratchilla and Gold Dredging
September 2014
...we packed up our two dredges and headed for our claim about an hour away on the South Fork of the Clearwater to dredge openly in opposition to the EPA.
...we packed up our two dredges and headed for our claim about an hour away on the South Fork of the Clearwater to dredge openly in opposition to the EPA.
MMAC & PLP Update
January 2016
I’ve received quite a few inquiries from miners who are beginning to realize that traditional Mining Districts are powerful entities and they are looking to get their district organized if it’s in disarray.
I’ve received quite a few inquiries from miners who are beginning to realize that traditional Mining Districts are powerful entities and they are looking to get their district organized if it’s in disarray.
Government Takes Land for Open Space
March 2014
Rather than using the practice of government seizure of private property to promote economic development, the county is using it to preserve open space.
Rather than using the practice of government seizure of private property to promote economic development, the county is using it to preserve open space.
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The Bawl Mill
• A Return to Silver City, Idaho
• Ask the Experts
• Ask the Experts
• Ask the Experts
• Swing and a Miss
• Miners Fight Back Against Road Closures
• The Giant King Mine
• BLM Flexes Its Muscles in Quartzsite
• Over the Divide
• Romancing the Lens
• Gold Recovery with Centrifugal Bowls
• Mining on the Comstock Lode
• Want to Go to Australia?
• Melman on Gold & Silver
• Mining Stock Quotes and Mineral & Metal Prices
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Representative Manweller Lends a Hand in Washington State
