PLP and Mining Districts
Miners Making the Rules and Regulations?
October 2015 by Clark Pearson
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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
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PLP Update
The intent is to rein in abuses by rogue agents of the Forest Service who have an anti-mining agenda whereby a miner can get a bad federal agent fired.
PLP Update: How to Restore The Rights of Suction Dredge Miners
A two-pronged approach is necessary to restore suction dredging; federal preemption needs to be established as addressed above via petition; and clarification from the EPA is needed to establish that no Section 402 permit is necessary when there is no “addition” of a pollutant.
PLP Update
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.”
MMAC Update
If you are a claimholder and your Mining District is in disarray, it’s time to join MMAC and get on board so your district can benefit from these changes as they are implemented.
PLP Update
At the state level, there’s a possibility that California Governor Newsom could be removed and replaced during his upcoming recall election, which will be held in September.
PLP Update
The miner was drywashing using a small, gas-powered drywasher for a short period of time—maybe an hour—when he was asked by a ranger to see his permit, which is not required to prospect at this small of a scale.
The Power of Mining Districts
...Most importantly, the mining districts can open the federal land to multiple-use by the public on principles of inclusion rather than the present-day exclusions...
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