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.
Legislative and Regulatory Update
Oregon Senate passes Senate Bill 3
Legislative and Regulatory Update
• IBLA rules against miner for "late" filing
• Wyoming appeals roadless decision
• Mercury reduction program slated for California
• Oregon wilderness
• Oregon miner prevails in lawsuit against Forest Service and District Ranger
• Canada pulls out of Kyoto Climate Treaty
Government Takes Land for 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.
Annual Claim Fees Due September 3, 2013
Because September 1 falls on a Sunday this year; and Monday, September 2, is a holiday, the BLM will accept yearly filings through September 3.
Legislative and Regulatory Update
• Refunds coming to Nevada claimholders
• More wilderness proposed
• Forest Service planning rule
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.
Ask The Experts: Should I take my claim access problems to the Desert Advisory Council?
Q: The nearest access to the claim is a half mile walk, which is tough for a lode claim.
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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
