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.
Dredging at Real Del Castillo, Baja
Suction gold dredging at Real Del Castillo, a remote and seldom visited old gold mining camp less than fifty miles north and east of Ensenada, Mexico.
The Oquirrh Mountains, Utah
...we will visit three dormant mining districts that lie in the Oquirrh Range in Utah. Some major activity that transformed the lives of thousands of people occurred here from the mid 1860s to the late 1990s.
Cripple Creek, Colorado
The historic mining town of Cripple Creek (population 600) is 43 miles, by paved highway, west of Colorado Springs, almost two miles high in the Colorado Rockies.
Miners Making the Rules and Regulations?
How would you like it if you could make the actual rules and regulations governing your own business? A dream, right? Well, the existing Federal Mining Law gives a claimholder this ability in the context of organized Mining Districts.
A Primer on Bitcoin and Other Cryptocurrencies
Some financial commentators have speculated that bitcoin and other virtual currencies have captured a portion of funds that would have been invested in gold. I find it a bit ironic that people who invest in precious metals would even consider another fiat currency.
Mining Stock Quotes and Mineral & Metal Prices
Original Sixteen to One Goes to Court—Challenges MSHA Citations Part II
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.
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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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