Legislative and Regulatory Update
October 2006 by Scott Harn
• Make your votes count
American citizens have responded strongly to a 2006 US Supreme Court decision (Kelo v. City of London) that allowed a city to seize private property by eminent domain.
Voters in numerous states have obtained enough signatures to place strongly worded measures on state ballots that will either curb or outlaw the use of eminent domain.
In addition, many of these measures will require state and local governments to provide just compensation for any new government regulations that restrict the use of private property or otherwise devalue private property.
A sampling shows measures will be on the ballot in numerous states to provide just compensation for new regulations, to prevent seizure by eminent domain, or both, in California (Proposition 90), Washington (Initiative 933), Idaho (Proposition 2), Arizona (Measure 207), Nevada (Nevada Property Owner’s Bill of Rights) and Montana (Initiative 154).
Oregon voters already passed a measure that requires compensation for government regulations, but a new initiative (Measure 39) seeks to prevent a government body from condemning private property if the intent is to convey that property to another private entity.
Please check your ballot and be sure to vote in the General Election on November 6, 2006.
• Court tells Forest Service many access fees are illegal
A federal court in Arizona has told the Forest Service that it can no longer collect user fees for many activities, with implications for hundreds of collection programs across the US.
In this particular case, a hiker was issued citations on two separate occasions for failure to pay a $5 access fee when parking on public lands administered by the Forest Service in the Mt. Lemmon area of Arizona.
The court ruled that the Forest Service was unlawfully charging for general access. Magistrate Judge Charles Pyle stated the Forest Service could only charge fees to citizens who use fully developed parking sites with amenities or fully-developed campgrounds. The judge ruled the Forest Service does not have the authority to collect fees for use of trails, for parking along roads, or for undeveloped, minimally developed or semi-developed sites. The agency is also prohibited from charging for camping at undeveloped sites.
The case is US v. Christine M. Wallace.
• Kensington update
Coeur d’Alene Mines has to negotiate another curve in the road for its Kensington Mine project after the US 9th Circuit Court of Appeals issued an injunction that halted some of the construction necessary for the project.
Environmentalists appealed a lower court decision that allowed the company to place waste rock in Lower Slate Lake northwest of Juneau, Alaska.
The injunction applies to cutting trees, building roads or dams and altering the water level of the lake, and will remain in place until the appeal runs its course. Construction of the mine and mill will continue.
Oil Seeps in Arizona
Compared to California, Arizona has virtually no oil seeps. But, the great Permian Basin of West Texas has virtually none either. Arizona has something that neither California nor Texas have, and that is public lands that are open for leasing. The northern half of Arizona has more seeps and is thus of greater interest, but it would be foolish to disregard the southern half because giant oil and natural gas fields could underlie some of the broad desert valleys.
Legislative and Regulatory Update
• Oregon proposes to stop mining in “scenic” waterways
• More news from Oregon
• Interior Department finally back online
• Alaska DNR departures
Gold Prospecting in Maine - Part II
After cleaning the bedrock I figured it was time for a little peak at the upper mat. We lifted the black rubber flap up and there was gold everywhere.
Breaking Boulders With Explosives
The process we will be using is called “blockholing,” and it is commonly used at mines and in construction projects to break up oversize material into sizes that can be easily handled.
The Basics of Exploration Leases and Contracts—Part II
This is the point where you might ask, “What do these types of contracts typically look like and how are they negotiated?” Well, that is the topic of this month’s article.
Montana Candidate Sees Natural Resources as Path to Recovery
The key to returning Montana’s economy to its glory days is to remove the laws that prevent development of the state’s natural resources, says Thomas Keating, the only Republican who has declared himself a candidate for governor.
The Bawl Mill
• Fried golden eagle is bad; diced is okay
• Your tax dollars at work
The Bawl Mill • The Plumas Eureka District • California State Gold Panning Championships • Mergers Continue at Record Pace • The Yukon-Klonkide Goldfields—Part II • Foreign Investment Hits More Roadblocks • The Treasure Detective—Part IV The Story of Goldstone Nuggets • Another Uranium Boom in the West • Court: Kennecott Eagle Minerals Application Complete • Remote Mining Camps of Yuma County • The Robin Redbreast Lode • Final Buckhorn Mountain Study Released • Melman on Gold & Silver