Let us help you recover valuable metals. 888-437-1187

Magazine

Legislation & Regulation

Mining Organizations Unite To Petition For Rule Change

Eleven mining organizations signed on to a “Petition for Rulemaking to Stop State-Law-Based Prohibitions of Mining on Federal Lands.”

5 U.S.C. § 553(e) states, “Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.”

Working with attorney James Buchal, a petition was drafted to Interior Secretary David Bernhardt and Agriculture Secretary Sonny Perdue that highlights the abuses miners have faced from overzealous state regulators.

As many of you know from reading our publication, the US Supreme Court declined to hear the People v. Rinehart case that dealt with the State of California’s requiring a permit for suction gold dredging and then refusing to issue such permit.

This was followed by the Bohmker v. Oregon case, where the State of Oregon banned motorized methods of in-stream mining. The US Supreme Court also declined to hear this case.

 The six-page petition points out that the intent of Congress and federal preemption are being circumvented by states like California and Oregon.
From the petition:

“It is fundamentally both Departments’ duty to avoid ‘unnecessary or undue degradation of federal lands’ (43 U.S.C. § 1732(b); emphasis added), while managing federal land ‘in a manner that recognizes the Nation’s need for domestic sources of minerals’ (id. § 1701(a)(12)). Congress recognized that minerals (or energy resources) must be recovered where they lie, and that some level of environmental impact is necessary.  In particular, Congress has forbidden both Agriculture and Interior from issuing federal regulations which would ‘materially interfere with prospecting, mining or processing operations or uses’ of land claimed under the federal mining laws.  United States v. Backlund, 689 F.3d 986, 996 n.9 (9th Cir. 2012) (interpreting 30 U.S.C. § 612(b)).”

The petition seeks specific changes to existing Forest Service and Bureau of Land Management regulations to restore the intent of Congress and federal preemption.

This dovetails well with the legislative changes we’ve been seeking in Washington, DC. Although we would rather see the regulations changed via Congress to make it more difficult for another administration to reverse them, this action would definitely help provide regulatory relief in the near term.

Organizations that wish to support this effort are encouraged to do so by writing their own letter addressed to Secretary Bernhardt and Secretary Perdue. I’ve offered to collect them and forward them on to Tom Kitchar of the Waldo Mining District for so they can be presented to the agencies. Please try to get those letters to me sooner rather than later, but no later than July 25.

Support letters can be emailed to me at editor@icmj.com or sent by mail:
  ICMJ—Petition for Rulemaking
  PO Box 2260
  Aptos, CA 95001

(The full “Petition for Rulemaking” can be viewed by clicking on the letter above.)

© ICMJ's Prospecting and Mining Journal, CMJ Inc.
Next Article »« Previous Article

Add a Comment

Additional articles that might interest you...

Legislative and Regulatory Update


  • Bernhardt confirmed
  • State of Montana to appeal Rock Creek decision

Legislative and Regulatory Update


• Oregon passes SB 838
• Meanwhile, in California

MMAC Update


One caller wondered why he should be required to join MMAC, asked why MMAC was not a non-profit, and compared it to some kind of extortion attempt. If he had questions like these, I assume there are others with similar questions and I will address them here.

Legislative and Regulatory Update


• Backdoor Wild Lands order
• PLP reports on latest dredge lawsuit
• Massive lands bill avoided
• No cap and trade for now
• RS-2477 rights affirmed

Legislative and Regulatory Update


Oregon Senate passes Senate Bill 3

Mining Community Loses A Great Leader: Gerald "Jerry" Hobbs


He certainly wasn’t afraid of a fight or a court battle, and he didn’t back away from calling out those who tried to compromise the rights of miners.

Legislative and Regulatory Update


• Pruitt out at EPA
• NDAA still under negotiation
• AMRA’s California mining bill fails to reach floor vote

Subscription Required:
The Bawl Mill   • Ask The Experts - Diamonds in the Mother Lode?   • Ask The Experts - How do I set up my shaker table?   • Ask The Experts - Does silicone rubber make a good sluice mat?   • Ask The Experts - Conflicting assays for platinum group elements   • Get Boots On The Ground For Patch Hunting   • Lessons Learned From Geologists   • Gold Prospecting for Better or Worse: Man vs Paydirt   • Mohave County, Arizona: The Oatman/San Francisco Mining District   • ICMJ Honored As Prospecting Magazine of the Year   • The Sunbaker   • A Golden Vacation   • Mining Company Pays Millions for Gold Dug From Mine Dumps   • Melman on Gold & Silver   • Mining Stock Quotes and Mineral & Metal Prices

Free:
Legislative and Regulatory Update   • PLP Update

Advertisements

Garrett Electronics - trusted by real miners & prospectors!
Precious Metals Recovery plants and equipment
Fighting to keep public lands open to the public
Specializing in the processing of precious metal ores!
Watch prospecting shows on your computer right now
Free Online Sample Issue