Legislative and Regulatory Update
November 2006 by Scott Harn
• Bill to address RS 2477
Representative Steven Pearce (R-New Mexico) has introduced a bill in an attempt to clear up the issue of who controls RS 2477 rights-of-way across public lands.
Revised Statute 2477 was passed by Congress in 1866, and it simply states, “The right-of-way for the construction of highways across public lands not reserved for public purposes is hereby granted.”
For a more detailed explanation of RS 2477 rights-of-way, see “RS 2477 Fact vs. Fiction” on page 14.
Pearce’s bill, HR 6298, has two parts. The first part of the bill would declare valid all RS 2477 routes that appear on government maps between 1866 and 1976 that did not have a prior reservation, such as a prior national forest or national park designation.
The second part of the bill would create a new procedure for state and local governments to validate unmapped rights-of-way.
It is doubtful the current Congress will address the bill before their session ends this year. If the Republicans lose control of the House of Representatives we may never see action on HR 6298.
• Roadless Rule update
The Clinton-era Roadless Rule is back in the headlines again.
In late September 2006, US District Judge Elizabeth Laporte (9th Circuit—San Francisco) reinstated the Roadless Rule, which former president Clinton signed during his last days in office. The rule placed over 58 million acres of national forest off-limits to development, including mining.
A total of six federal judges have weighed in on the Roadless Rule, three for it and three against it. US District Judge Clarence Brimmer (10th Circuit—Wyoming) declared the Roadless Rule invalid back in 2003. Wyoming Attorney General Pat Crank has already filed a motion to reinstate Judge Brimmer’s invalidation of the Clinton Roadless Rule.
US Agriculture Undersecretary Mark Rey said the Bush administration was considering whether to file its own appeal, but noted the government disagreed with a number of the findings, particularly the need to do an environmental impact statement.
- Bio-mass is a bio-miss…
- Russia exploiting “useful idiots of unwitting environmental groups…”
- California has the best of the worst…
• California suction dredging regulations
• Draft Coho recovery plan for Southern Oregon, Northern California
Conservative Utah lawmakers want to spark a US Supreme Court case that could ultimately allow states to develop resource-rich parcels of land that are now off limits where the federal government is the landlord.
I had two of the guys go down into the creek and each one picked out a small island of bedrock. I had them detect their piece of bedrock and then gave a critique to all on how they did.
Excerpts from California Mining Journal, our original title, published 50 years ago this month.
In the April 2001 issue of ICMJ, we published the opening statement of Michael Miller, President of Original Sixteen to One, in his administrative challenge of MSHA citations. Following is Michael Miller’s closing statement.
The Bawl Mill • International Wayside Resurrects Gold Rush in British Columbia • Prospecting in Northern Sierra County, California • Government Says New Mine Will Benefit Bears • RS 2477 Fact vs. Fiction • The Nome Goldfields • Basic Sniping: Prospecting With a Pan & Simple Hand Tools • Over the Divide • Trio Accused of Stealing $1.7 Million in Gold • Ivanhoe Partners With Rio Tinto • The Business of Mining: Swap, Trade, or Exchange • Wyoming Expects Profits from Uranium • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices