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.
Company Notes
• X-Cal Resources
• Placer Dome Inc.
• Homestake Mining Company
• Canyon Resources Corp.
Clean Fuel, Cleaner Air
A-55 Clean fuels, which are emulsions of oil and water, are said to produce much lower oxides of nitrogen and particulate matter emissions.
Ask the Experts—How do I remove gold from black sands?
Q: I’m a fairly new dredger. I was told that the black sands contain fine gold that is tough to see and recover, so I have been saving the black sands when I do my clean up. What method should I use to get the gold out?
Looking Back
Excerpts from California Mining Journal, our original title, published 50 years ago this month.
Melman on Gold & Silver
Exactly one month ago—to the day—I was watching in stunned silence, along with billions of others around the world, as the immense tragedy of September 11 played itself out. Since that time, the President has issued a virtual declaration of war; actual attacks against the Taliban strongholds in Afghanistan have begun and the “other side” has threatened an escalation of terror.
Wyoming's Billion Dollar Nugget—The Trilogy Ends
With eight loads processed, a pumpkin-size rock fell into the hopper, stopping the whole operation until I could lift it out.
Dredging Below the Homestake
What better place to dredge for gold in the early 1970s than downhill from the largest gold mine in the US? Gold prices were rising, and it was a good time and place to shop for a prospect.
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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