Miners Making the Rules and Regulations?
October 2015 by Clark Pearson
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.
Why are all the multitude of local, state and federal agencies regulating miners? The Mining Districts have been neglecting their duties under Federal Mining Law (30 U.S.C. section 22). This is why the Minerals and Mining Advisory Council (MMAC) was formed as a project under Public Lands for the People (PLP)—to organize the traditionally and legally recorded Mining Districts within the United States and encourage the miners holding mining claims to step up to the plate, legally, and take charge of their future. Presently MMAC has partnered with the Coal Miners Union, the National Mining Association, PLP, and the National Association of Mining Districts. MMAC is a combined effort by numerous concerned miners, mine owners, geologists, mining engineers, retired politicians, retired military personnel, and mining attorneys who are gravely concerned about the future security of our nation and its increased dependence on foreign sources of mined materials. The utter failure of the present Congress and all the federal and state agencies that are actively shuttering the mining industry through onerous and prohibitive regulation has resulted in the exact opposite of the 1970 National Minerals Policy Act intent. MMAC has been asked by the Congressional House Subcommittee on Natural Resources to put together a comprehensive solution to our industry’s plight. MMAC’s solution integrates within this draft bill named the “Minerals & Mining Regulatory Reform Act – A Clear Path Respecting Mining Rights” true accountability providing:
- Regulatory certainty of 30-day approval mitigation deadline
- Regulatory certainty of exemptions to the Clean Water Acts
- Regulatory certainty of exemptions to the Mine Safety and Health Administration
- Eliminates duplicative regulation by state and local governments
- Eliminates duplicative federal agency permits and the permit system
- Provides for Equal Access to Justice Act relief
- Provides for cost effective due process appeal relief for unreasonable regulation
- Reasonable regulatory best management standards and mitigation formation procedures
- Clear environmental standing requirements to eliminate frivolous environmental lawsuits
We are happy to report that the current administration has issued a directive to the Forest Service and BLM to address this concern…
PLP northern director Clark Pearson stated, “Thanks to the U.S. v. Hicks case, the courts have acknowledged that claimholders are owners of land within the National Forest who are exempt.”
The automatic discrimination and exclusion of man from nature, like his access and use of the land, presupposes man as a destructive force for change, absent a relative hard look at the natural forces of change. Setting aside lands for non-use does not encourage wise use symbiotic tenets, which man has traditionally formed in his coexistence with nature.
We will be bringing the first of several bills that were requested by Congress during a previous MMAC trip and presenting maps depicting all the MMAC-assisted Mining Districts.
We are heading into 2019 with a cautiously optimistic view. We feel we are very close to obtaining regulatory relief for miners, and believe this NDAA cycle will prove fruitful.
Things became a bit challenging when the hot, dry weather was interrupted by 30mph winds with occasional gusts nearing 50 mph.
The Bawl Mill • Legislative and Regulatory Update • Ask The Experts • The Bucking Room • A Long Dry Spell • Prospectors Protest San Gabriel Mountains National Monument • MMAC & PLP Update • Where Should I Start? • California State Gold Panning Championships • From Curiosity to Mine Owner - Pt II • 2016 Gold Prospecting and Mining Summit • Growing Up Gold • Rock and Formations of the Mother Lode Gold Belt • 2015 World Gold Panning Championships • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices