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 On September 12, the Trump Administration officially repealed the Obama-era Waters of the United States (WOTUS) rule.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.)
Learning the Game and the Power to Change It
The one legal entity that can change the game and provide a path and template to protect landowners and public land users across the United States is the miner.
US Rare Earths: We Have & We Have Not
America’s premier source of strategic REEs were regulated out of business and 300 employees lost their jobs. For almost fifteen years America has been dependent on the communist Chinese cartel.
Legislative and Regulatory Update
MMAC & PLP Update
Each separate Mining District is a federally recognized entity. There are huge advantages—picture yourself going to an oversight meeting where 2, 3, 4, or even more Mining District representatives have obtained voting positions on the board.
Disturbing Trend: Federal Judges Disregard Mining Laws
Recently, a left-leaning Arizona federal judge, James Soto, who is an Obama appointee, shut down a proposed copper mining project for the flimsiest of reasons. He basically disregarded and rewrote federal mining law.
PLP Update
…I’ll be heading back to Washington, DC, on June 4 with Clark Pearson of PLP for nearly a week of meetings with the Mine Safety and Health Administration, US Forest Service, Environmental Protection Agency, and numerous members of Congress in both the House and Senate.
Update: People v. Rinehart
The law is on our side, but we’ve seen some crazy rulings coming out of courtrooms lately. I believe Rinehart will win his case, but then we move on to the State Water Resources Control Board.
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