All Articles
Legislative and Regulatory Update
April 2006 by Scott Harn
• USFS cost recovery
The US Forest Service issued final cost recovery rules on February 21, 2006, for special use permits.
Special use permits do not apply to locatable minerals under the Mining Law. Mining activities are non-discretionary and are governed by 36 CFR 228 regulations.
• Measure 37 affirmed
Measure 37 was passed by Oregon voters in 2004. Measure 37 provides: “If a public entity enacts or enforces a new land use regulation or enforces a land use regulation enacted prior to December 2, 2004, that restricts the use of private real property or any interest therein and has the effect of reducing the fair market value of the property, or any interest therein, then the owner of the property shall be paid just compensation.”
In lieu of providing just compensation, the measure allows the governing body responsible for enacting the land use regulation to modify, remove or not apply the regulations.
A Circuit Court had ruled that Measure 37 violated the state and federal constitutions and intruded on the authority of the legislature.
The Oregon Supreme Court overturned the lower court.
The case is Macpherson, et al v. Department of Administrative Services, et al (CC No. 05C10444; SC S52875). The case is available on the Oregon Supreme Court website at www.publications.ojd.state.or.us/S52875.htm
• Court declines to hear Canyon Resources claim
The US Supreme Court declined to hear Canyon Resources’ claim that the anti-cyanide initiative passed by voters in Montana in 1998 amounted to an illegal taking.
Canyon Resources already lost in the Montana Supreme Court. They may try to take their case to the US District Court in Montana. Canyon Resources has stated that the initiative prevents the company from bringing the Seven-Up Pete Joint Venture into production.
• Kempthorne nominated to head Interior
President Bush chose Idaho Governor Dirk Kempthorne to be the next Interior Secretary following the departure of Gale Norton.
Kempthorne spent six years in the Senate. He was elected as governor in 1998, and re-elected in 2002.
The League of Conservation Voters, the main lobbying arm for environmental groups, said its scorekeeping shows Kempthorne hostile to their interests.![]()
Ask The Experts—How do I work this large quartz vein?
Q: I found a large quartz vein. I’m interested in mining this myself. Can you point me to a good book or other source on lode mining?
The Centennial Lode and the Centennial Ridge District, Wyoming
In 1874, placer gold was discovered in the Middle Fork of the Little Laramie River south of the present site of Centennial village. The source of the gold was traced upslope to a nearby ridge in the following year.
Ask the Experts—How do you determine how far a piece of gold has traveled in a stream?
Gold Placers of the Kenai Peninsula, Alaska
The biggest obstacle is that like many streams on the Kenai Peninsula, high water during the summer months from snow melt and rain can make dredging nearly impossible. The best dredging is in the colder months of the year.
Picks & Pans: Auburn Ravine Gold
The high early spring runoff was in full force this late February 2004 day, lapping midway up the floodwall. As my good friend, and mining partner, Eric Johnson and I stood there watching the stream rush by behind his cabin, we wondered aloud what...
Over the Divide
David N. Skillings, Jr
Prospecting for Diamonds
In 1977, I was a young, inexperienced geologist hired to evaluate Wyoming’s diamond resources in the Colorado-Wyoming State Line district, and investigate and map all other mineral commodities in the state with the exception of oil, gas...
Subscription Required:
The Bawl Mill
• Federal Court to Address Dredge Permits—The Tulloch Rule
• Basic Geology for the Independent Miner—Part IV Geology of Hardrock Gold Deposits
• Economic Impact of Mining in Alaska
• The Kenai Peninsula Goldfields
• Copper Price Keeps Canadian Miners Busy
• The Business of Mining: Financial Recoveries for Mandated Changes
• Utilizing Geologic Maps
• The Rich Hill Outing
• Picks & Pans: Detecting at Ganes Creek
• Copper Mine Opening in Utah
• Future of Mining in Bolivia Uncertain
• Melman on Gold & Silver
• Mining Stock Quotes and Mineral & Metal Prices
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