PLP and Mining Districts
PLP Update
November 2019 by Scott Harn
Public Lands for the People (PLP) is challenging the California Department of Fish & Wildlife after the agency attempted to expand their authority to regulate a lawful activity.
PLP is providing expert help on behalf of a member who was cited for not having a stream alteration permit for drywashing in an area nearly above the timberline where the only water that runs through there is during a rainstorm or during the snow melt.
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. PLP has provided several relevant decisions to the court that relate to this case and is offering expert testimony on the member’s behalf.
We will keep you posted as this case progresses.
Clark Pearson (PLP northern director) and I have maintained contact with officials in Washington, DC regarding the recent petition for rulemaking related to suction gold dredging. As explained in the petition, the Clean Water Act clearly states there must be the addition of a pollutant to trigger the need for a Section 402 permit and there is no such addition involved when using a dredge. We will continue to seek action on the petition and will schedule a return trip to DC in early 2020 to follow-up on this issue, and we’ll also seek a meeting with Tim Charters, the new executive director of the Western Caucus.
MMAC Update
This is the third trip MMAC has made to DC this year, so some of the congressional staff members are gaining a better understanding of the current problems miners face and how MMAC-assisted Mining Districts can alleviate those problems.
PLP Update
PLP is also looking toward meeting with the incoming chair of the Senate Energy and Natural Resources Committee, and it appears it will be Senator Barrasso (R-Wyoming).
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.
MMAC Update
In May 2017, the district participated in a meeting with representatives from several state and federal agencies where they educated agency officials about the authority of Mining Districts, Mining Law and miner’s rights.
PLP Update
During discussions with other property rights advocates and members of the current administration, Karen Budd-Falen’s name was mentioned many times as a possible director for the Bureau of Land Management (BLM).
MMAC Update
This will provide the opportunity to meet with many of the members of Congress in a more informal setting at several meetings, luncheons and dinners. And we have been offered the chance to meet with President Trump’s staff.
PLP Update
I want to stress that this is just the first step to fixing many of the regulatory issues we identified in discussions with the current administration. There will be plenty more to come.
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