Legislation & Regulation
Legislative and Regulatory Update
March 2019 by Scott Harn
• Massive 660-page lands bill passed in the Senate
Senate Bill 47 (S47), the Natural Resources Management Act, introduced by Senator Murkowski (R-Alaska), was chock full of land conveyances, mineral withdrawals, park boundary adjustments, and gifts to various Senators to get their support. Our biggest concern is that it included permanent funding for the Land and Water Conservation Fund (LWCF), which is the primary vehicle used by the federal government to place more public lands off-limits to mining.
Senator Mike Lee (R-Utah) introduced an amendment in an attempt to limit authorization of the LWCF to a period of four years.
In support of the LWCF limits, Senator Lee stated, “...the program has regrettably drifted far from its original intent and has become rife with abuse.
“Indeed, the Land and Water Conservation Fund—or LWCF, as it is often described—has instead been used as a primary tool for more Federal land acquisition rather than to actually help people access or to help the government care for the land we already manage.”
Senator Lee also noted the federal government currently administers 640 million acres and there is an $18.5 billion maintenance backlog on federal lands.
Senator Lee’s amendment was defeated by a vote of 68 to 30.
S47 received a full, recorded vote on February 12, and it passed overwhelmingly by a vote of 92-8. The eight Senators who voted against the bill were Cruz (R-TX), Inhofe (R-OK), Johnson (R-WI), Lankford (R-OK), Lee (R-UT), Paul (R-KY), Sasse (R-NE), and Toomey (R-PA).
The bill now awaits consideration in the House.
Legislative and Regulatory Update
• Show of support needed for anti-EPA bills
• Arizona mining data now online
• California suction dredge hearings
• Update on Forest Service abuse in Washington
SB 838 and the Salem Witch Hunt
In every sense, this was a witch hunt with a preconceived agenda to heavily restrict or outright prohibit most small-scale mining in Oregon.
Legislative and Regulatory Update
• CA Fish & Game Final SEIR
• Positive news from California?
• Still no results in Wisconsin
• Give us back our lands
5th Circuit Ruling May Benefit Miners
This ruling comes at an opportune time, just as suction dredge miners are dealing with new proposed regulations in several western states. Be sure to cite this case when you provide comments on the regulations!
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.
SB 838 and the Future of Mining in Oregon
The verbage is SB 838 is vague and ambiguous to say the least. As a result, there is quite a bit of misinformation floating around the rumor mills.
Legislative and Regulatory Update
- Property rights advocate in running for top BLM spot
- “Draining the swamp” at Interior
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