Legislation & Regulation
Legislative and Regulatory Update
July 2019 by Scott Harn
• Administration issues proposals to fix mining access and permitting
The Trump Administration released an interagency report titled, “A Federal Strategy to Ensure a Reliable Supply of Critical Minerals.” The document establishes goals and makes recommendations to achieve President Trump’s objectives laid out in Executive Order 13817 in order to create a reliable US supply chain for critical minerals.
The recommendations related to minerals involve all types of mining, not just mining for critical minerals. Specific recommendations are made to expedite permitting, revise Travel Management Plans, curb mineral withdrawals, and much more.
We are encouraged that many of the recommendations we made during out trips in Washington, DC, with Public Lands for the People are included in the proposals.
Check the PLP Update column later is in this issue for a full review.
• Online “webinar” and request for comments for proposed Forest Service NEPA regulation revisions
On June 13, the Forest Service published an advanced notice of proposed rulemaking and request for comments as the agency seeks to revise its National Environmental Policy Act (NEPA) regulations.
The agency states it intends to increase efficiency, reduce timelines for approval, and possibly utilize categorical exclusions in some cases.
The Federal Register Notice is available online here.
The agency will provide an online “webinar” on July 12, 2019, from 3:30-5:00pm Eastern Time. You can call in at 1-877-369-5243 or 1-617-688-3633. The access code is 0849770#.
Or you can watch it on your desktop or device by visiting https://usfs.adobeconnect.com/neparule-1000/
Public comments are due in writing by August 12, 2019.
Comments can be submitted by one of the following methods:
Public participation portal (preferred):
https://www.regulations.gov/
By mail:
NEPA Services Group
c/o Amy Barker; USDA Forest Service
125 South State Street, Suite 1705
Salt Lake City, UT 84138.
By email:
nepa-procedures-revision@fs.fed.us
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.
Clarification on Oregon's SB838
The 100-yard restriction in SB838 actually applies to all motorized mining for the purpose of extracting gold, silver or any other precious metal that results in the disturbance of vegetation.
State Lends Help to County in Nevada Road Fight
Nevada’s attorney general for the first time is joining a rural county in a 15-year-old legal battle...
Oregon Miners Still Fighting
On October 19, 2015, the Waldo and Galice Mining Districts (of SW Oregon), along with several Oregon mining organizations and individuals, filed a Complaint in the United States District Court in Medford…
Legislative and Regulatory Update
• Judge refuses to grant preliminary injuction to end suction gold dredging moratorium in California
• Proposed listing of Yellow-legged frog and Yosemite Toad in northern California
MMAC Update
After many decades of closures, land-use restrictions, and over-regulation, miners and all other public land users may finally see some real relief due to the efforts of MMAC.
MMAC & PLP Update -- 2015 Minerals and Mining Regulatory Reform Act
Is there any hope for a solution? Yes, there is, and we’ve been working with Public Lands for the People, the Minerals and Mining Advisory Council, attorney James Buchal and others on that solution.
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• Mining Organizations Unite To Petition For Rule Change
