The effort to reset the playing field continues. There have been a few more refinements to the Minerals and Mining Regulatory Reform Act—A Clear Path Respecting Mining Rights. This is the bill we’ve been working on in conjunction with Public Lands for the People and the Minerals and Mining Advisory Council to restore the rights of miners. We are up to revision 41. You can view the bill in its entirety at mmacusa.org
The main revision has to do with the elimination of the US Department of Mines and Minerals (USDMM) and their oversight. After much discussion it made more sense to have appeals go through individual Mining Districts rather than through the USDMM.
I’ve received quite a few inquiries from miners who are beginning to realize that traditional Mining Districts are powerful entities and they are looking to get their district organized if it’s in disarray.
The first step in that process is to locate the original rules, regulations and bylaws. These original documents can often be found by visiting your local historical society, museum, library or county recorder’s office.
Once the original bylaws have been located, the next step is to publish a Public Notice to gather the miners and claimholders in the district at a meeting to elect officers. We (ICMJ’s Prospecting and Mining Journal) have offered to do this free of charge. Once officers are in place, then bylaws can be amended as needed.
I was able to track down original bylaws for quite a few Mining Districts and I will continue to post these on our website as time permits. You’ll find them by clicking on “Bylaws for Traditional Mining Districts” under the “Resources” tab on our website, www.icmj.com.
I’ve included the original bylaws for the Upper Yuba Mining District in Yuba County, California, as an example. It will be immediately obvious to you that these bylaws are very outdated. Once an elected board is in place, the bylaws can be updated to better conform to existing circumstances within the district. If you need assistance, feel free to give me a call.
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As part of our ongoing support of PLP, we here at ICMJ’s Prospecting and Mining Journal have been offering a discounted membership to PLP. It works like this:
A one-year PLP individual membership is normally $35. You can get a one-year subscription to our monthly publication for $27.95 and include $25 for a PLP membership and we’ll contribute the additional $10 for your one-year PLP membership. If you already have a subscription you can certainly choose to add another year to your subscription to take advantage of this offer.
Here are the subscribers who have recently taken advantage of this offer. Thank you for your support!
September 2016 Even if the California Supreme Court had ruled in favor of Rinehart, suction dredge miners would be facing the wrath of the State Water Resources Control Board...
December 2010 On Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.
September 2015 The Washington Department of Fish and Wildlife (WDFW) issued emergency rules without public comment just prior to our publication deadline.