Legislation & Regulation
Legislative and Regulatory Update
October 2019 by Scott Harn
• WOTUS rule finalized
It’s official. On September 12, the Trump Administration officially repealed the Obama-era Waters of the United States (WOTUS) rule.
In 2014, the Obama administration decided to expand the jurisdiction of the EPA and Army Corps of Engineers beyond navigable waters. WOTUS was redefined to include all areas with even the slightest of connections to water resources, including intermittent streams, and even man-made ditches utilized by farmers, ranchers and miners. The rule was finalized in 2015.
A resulting court fight encompassed several jurisdictions and resulted in differing rules in different parts of the country because District Courts could not agree on a similar interpretation.
Congressman Paul Gosar (R-Arizona), had this to say:
“The Obama-era WOTUS Rule was an abysmal failure and represented one of the most egregious examples of federal overreach in my lifetime. President Obama’s land and water grab gave unprecedented power to bureaucrats of the DC Swamp at the expense of farmers, ranchers, small business owners and the American people. The Western Caucus led the charge against this misguided regulation and is thrilled to see it put out to pasture.”
• Reminder on new claim fees
This is a friendly reminder that the costs associated with filing a new mining claim have gone up.
The new fee for locating a 20-acre claim is $225, which includes a $20 processing fee, $40 location fee, and $165 maintenance fee.
The fees are tied to the Consumer Price Index (CPI) and are reviewed every five years.
Fees can be submitted online at https://payp.blm.gov/eppcore/home (Just click on “Mining Claims” when you visit the page.)
Ask the Experts
• Reopening closed areas
The Perfect Response
In May, 2016, the Andersons received a letter from Steve Niemela at the Oregon Department of Fish and Wildlife requesting access to their property to conduct surveys for “foothill yellow-legged frogs and other amphibians.”
Comstock Mining Gets Approval
The approval, which affects 87 acres on the south end of Silver City, allows the company to move forward with exploration to determine the area's mining potential.
Nevada Mining Tax Cap Repeal Clears Committee
An Assembly panel approved a measure to repeal the constitutional tax cap on net proceeds paid by mining companies in Nevada.
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.
Modern-Day Claim Jumping
We soon found that our discovery post and other claim markers were gone and replaced with new posts and a notice of location with an earlier date than had been on our notice of location.
Legislative and Regulatory Update
• Not so happy birthday
• Even more support for the PLP
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The Bawl Mill
• Ask The Experts - Do you have more info on Silver Peak?
• Ask The Experts - Forest Service blocking claim access
• Green Valley's Fine Gold Patch
• Hard Rock and Placer Gold of Manhattan, Nevada
• Gold Prospecting for Better or Worse: Powerless
• Revisiting Old Haunts
• How to Refine Silver—Pt II
• Where to Start: Advice for the Beginning Detectorist
• Melman on Gold & Silver
• Mining Stock Quotes and Mineral & Metal Prices
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PLP Update
• MSHA Moves Ahead on Silica RFI But Leaves All Options Open
• Traders At JPMorgan Chase Indicted For Rigging Metal Prices
