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.
The Paradox Basin—Part I
In the four corners region of America there is a place—a very special place—called the Paradox Basin. It appears empty, but is quite full if you look at it from the correct perspective.
Mining Companies Competing for Labor
Brian Barclay makes a 275-mile commute across Colorado every week to work near this dusty little town, drawn by a natural gas boom that has added trucks, cranes and hundreds of people to the rocky landscape.
Ask the Experts
Gold out of auqa regia
Sons of Gwalia & Herbert Hoover
The Sons of Gwalia mine is situated in the Eastern Goldfields region of Western Australia. It was found by a group of Welsh prospectors in 1896. Gwalia simply means Wales; hence, it was Sons of Gwalia who found the mine.
Mother Lode Leaf Gold
After removing about six inches of dirt and cobbles, the sound was a bit more recognizable. I was now confident that there was a definite target and not just a ground noise.
BLM 3809 Final Rule Implications
Many readers of ICMJ have asked for more information regarding the BLM’s 3809 regulation changes that were pushed through just prior to the departure of the Clinton Administration.
The PIGMI—a DIY Crevice Tool
I’ve had great success using it to gather gold from crevices. I’d like to share the design with all of you gold miners reading this article and hope that you get as much satisfaction building and using it as I did.
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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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