The SMALL MINER AMENDMENT update and Call to Action
We are overwhelmed with the support PLP has been receiving from around the country for the Small Miner Amendment. With over 2,000 endorsements and counting, this will help to make a greater impact because legislators will see the breadth of support from around the country for the Small Miner Amendment. In just a few weeks our Northern California Director, Clark Pearson and Scott Harn of the ICMJ (Mining Journal), will again be meeting in Washington D.C. with high level officials in the Environmental Protection Agency (EPA), Department of Interior (DOI), along with many legislators and their aides. We are working hard to get this critical mining legislation passed, providing regulatory relief for the small-scale mining community across the nation. Help us to help you: send us your endorsements of the Small Miner Amendment. You can read the complete language here: http://www.publiclandsforthepeople.org/small-miner-amendments-to-s145/
It seems there may be some confusion as to what PLP’s proposed legislation is. It is NOT what MMAC has/ had in mind regarding Mining Districts. It is not the same bill at all. It is somewhat like doing arthroscopic surgery to cancerous laws, by using legislation to go in and make tiny incisions (corrections), in multiple places (various laws), to help the sick patient (the miners), heal up and restore full use of their mining rights.
PLP’s legal researcher Clark Pearson wrote the “Small Miner Amendments to S. 145. RECOGNITION OF THE LIMIT OF THE RIGHT OF SELF-INITIATION UNDER THE 1872 MINING ACT AND THE PERMISSIVE (PERMIT) SYSTEM FOR PURPOSES OF REGULATORY CERTAINTY”
As you read through the bill, you will see just how well the small-scale suction dredgers will benefit! Especially in Sec. 104.
It amends certain US Codes. Here are the current US Codes mentioned so you can more easily refer to and understand the amendments proposed to them (Thanks to Jann Higdem for setting up these links!):
SECTION 101: Improving regulatory accountability
28 USC §2412(d)(1)(A) -Costs and fees
Section 102: Removing overlapping and duplicative authorities
16 USC § 478 – Egress or ingress of actual settlers; prospecting
16 USC § 551 – Protection of national forests; rules and regulations
16 USC § 1604 – National Forest System land and resource management plans
30 USC § 612 – Unpatented mining claims
Section 103: Uniform federal regulation
43 USC § 1702 – Definitions
43 USC § 1748c – Bureau of Land Management Foundation
42 USC § 4332 – Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
16 USC § 1536(a)(2) – Interagency cooperation
Section 104: Mine operation exemptions from the Clean Water Act
33 USC § 1362(12) – Definitions: “discharge of a pollutant” and the term “discharge of pollutants”
33 USC §§ 1341, 1342 or 1344
Section 105: SMALL MINER EXEMPTION
30 USC § 803 – Mines subject to coverage
5 USC § 554 – Adjudications (MSHA)
Section 106: Review and revise existing federal regulations
36 CFR Part 9 MINERALS MANAGEMENT (DOI & NPS)
43 CFR Part 4 Dept. Hearings & Appeals; and (DOI)
Part 3800 – Mining Claims Under the General Mining Laws (DOI)
36 CFR Part 228 – Subpart A, Locatable Minerals (USDA)
30 CFR Parts 1-199 – Mineral Resources (MSHA)
Section 107: FEDERAL CONSENT ON PUBLIC LANDS None
Section 108: DISCRETION OF THE OWNER OR MINERAL OPERATOR
30 USC § 43 – Conditions of Sale by Local Legislature
Section 109: MINERAL WITHDRAWN LANDS
43 USC § 1712(e)(3) – Land Use Plans
43 USC § 1714 – Withdrawals of Lands
You can read more about the Small Miner Amendment and also the need to write letters about MSHA issues right away at: https://www.icmj.com/magazine/article/plp-and-mmac-update-3815/
Regarding letters of support for the “Small Miner Amendments to S 145,” please address them to your member of the US Senate or US House of Representatives. The Mining Journal is collecting the letters to take to D.C.
Completed letters can be sent to the Mining Journal by email to editor@icmj.com; by fax at (831) 479-4385; or by mail to:
ICMJ
Attn: Scott Harn
PO Box 2260
Aptos, CA 95001
As a personal means to show support for PLP’s efforts, everyone should strongly consider becoming a member. The cost is a mere $35/yr . Keep in mind that PLP is not a prospecting or social club. We are an organization that focuses primarily on “mining rights” and protecting them without compromise! The majority of donations to PLP are from individuals making small donations. Every dollar goes into the fight! We are an all volunteer board, and your donation/ membership, raffle ticket purchase keeps us engaged in the battle.
Order your 2018 Grand Raffle tickets here: http://www.publiclandsforthepeople.org/ Another prize is being added this month!
Also consider subscribing to the Mining Journal to keep abreast of the very latest mining and prospecting news and insights. https://www.icmj.com/subscribe/
Let’s all work together to make an impact. Together we’ve taken some lands back for public multiple use as in the Eagle Mountains and other areas, now let’s work together making history with these current activities to keep them!
Why? Because it matters greatly to the next generation what we do now. We are the Patriots of our generation. It’s about Mining Rights, it’s about Freedom!
Ron Kliewer
President