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

PLP To Address Needs Of Small Miners With Proposed Amendment
The Senator’s office was very receptive to the small miner’s plight and was unaware of the dire problems created by the over-regulation of small-scale mining from so many different fronts. It was pointed out that S 145 may help the large mining companies a little, but falls woefully short in addressing the needs of small operators who make up 85% of domestic mines.
Mining Districts in Montana Get Organized
Those miners present immediately recognized the benefits of becoming members of MMAC and joined up on the spot. I spent some time answering a few questions, and then the miners took over.
MMAC & PLP Update
…what I’d like to focus on in this update is the assistance they provided to a suction gold dredger in Idaho being harassed by an environmental group.
MMAC Update
We have found strong support from legislators in both the House and Senate for several proposed bills that will provide Mining Districts with a greater role in the decisions that affect access to mining claims, oversight and regulations.
What's All This Talk About Mining Districts?
The main problem with the current scheme is that regulatory agencies often consult with you, then disregard your concerns and do what they want anyway.
MMAC Update
After many decades of closures, land-use restrictions, and over-regulation, miners and all other public land users may finally see some real relief due to the efforts of MMAC.
MMAC & PLP Update
We definitely got their undivided attention with our presentations. As a direct result of our presentations, the Desert Advisory Council recommended a Memorandum of Understanding be put together between the council and the Rand Mining District. This MOU was recently completed.
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