Legislative and Regulatory Update
July 2014 by Scott Harn• Settlement hearings
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.
The automatic discrimination and exclusion of man from nature, like his access and use of the land, presupposes man as a destructive force for change, absent a relative hard look at the natural forces of change. Setting aside lands for non-use does not encourage wise use symbiotic tenets, which man has traditionally formed in his coexistence with nature.
On July 4, we are reminded of the sacrifices our Founding Fathers made to establish this great country of ours, and in that spirit, the Minerals and Mining Advisory Council (MMAC) has created a draft Declaration of Miners.And MMAC has been hard at work writing a bill, with the unwavering support of several members of Congress, to reaffirm the rights of miners operating in traditional mining districts.
A federal judge has tossed a lawsuit filed by opponents of a Tucson-area mine that had accused the US Forest Service of violating two federal laws in its handling of the mine issue.
We will be bringing the first of several bills that were requested by Congress during a previous MMAC trip and presenting maps depicting all the MMAC-assisted Mining Districts.
• More roadblocks to dredging in California
• Two Oregon Sheriffs challenge Forest Service authority
• Gold is money
We have an opportunity to make significant and substantial changes to provide relief for small miners with the Trump Administration and the current makeup of Congress. We realize the time to act is now, but we need your help.
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