USDA-FS PROPOSES CHANGES AFFECTING MINING

EAJ Update – USDA-FS PROPOSES CHANGES AFFECTING MINING 5/15/2008

Equal Access To Justice, Inc

_{Latest comments May 19, 2008 link at bottom of page}

_{Two page easy print and fill-in form to register your comments with forest service is the fourth link down}
FOREST SERVICE proposes MASSIVE amendments to the MINING REGULATIONS
THIS WILL AFFECT MINING IN ALL THE NATIONAL FORESTS THROUGHOUT THE UNITED STATES

_{(For comments and forms see links below this article)}

In March, 2008, the United States Department of Agriculture – Forest Service published a Proposed Rule: AMENDMENT to Title 36 of the Code of Federal Regulations, Parts 223, 228, 261, 292, and 293 and the OMB No. 0596-NEW. The Proposed Rules constitute a massive change to Forest Service’s Mining Regulations. We are convinced that, if enacted, as is, they would, effectively, curtail both, small scale commercial mining and recreational mineral collecting, altogether, in the National Forests. If this is the intent and effect of the Proposed Rules then, only your participation can prevent it from happening. Please participate and comment.
Public comments and information collection requirements comments are, both, due by May 27, 2008. (Federal Register Notice: Tuesday, March 25, 2008, (73 FR 15694).)
We, Equal Access to Justice, Inc., are submitting a substantive set of comments opposing both, the Proposed Rules and OMB No. 0596-NEW. We have provided a form, whereby, you can incorporate them, making our comments fully a part of your own, should you so choose.

Significant Proposed Changes to the Forest Service Mining Regulations are:

∙ Forest Service has proclaimed that, in almost every single case, with very few exceptions, a plan of operations will be required where a notice of intent or bonded notice is required

∙ A notice of intent, or bonded notice, is required for any mining, recreational mineral collecting, or reclamation, activity exceeding the few limitations allowed

∙ The Proposed Rules do not allow anyone to be in any National Forest for longer than 14 days in a year, without an approved plan of operations

∙ The Proposed Rules do not allow anyone to use any kind of mechanized equipment, for any, mining, recreational mineral collecting, or reclamation, activity, other than very simple battery operated equipment, without an approved plan of operations

∙ The Proposed Rules do not allow anyone to use a suction dredge, without an approved plan of operations

∙ The Proposed Rules do not allow anyone to perform any mining, recreational mineral collecting, or reclamation, activities, whatsoever, in the designated habitat of a threatened or endangered specie, without an approved plan of operations

∙ Almost without exception, every part of every National Forest is in the designated habitat of a threatened or endangered specie

∙ To obtain an approved plan of operations, one must provide a bond or the cash equivalent, beforehand

∙ No surety, government or private, will provide a bond to small miners

∙ Forest Service will hold the bond for 20 years

∙ The bond must provide for restoring the land to its pre-civilization condition which is very costly to do

∙ One cannot perform their own reclamation work

∙ Reclamation must restore the land to its pre-civilization condition

∙ Forest Service will not approve a plan of operations without preparing an environmental impact statement and it must be done by them (USDA-FS).

∙ Forest Service does not have the staff or budget to perform environmental impact statements

∙ Forest Service will not approve a plan of operations without performing a validity examination, and it must be done by them (USDA-FS).

∙ Forest Service does not have the staff or budget to perform validity examinations

∙ No one has passed a validity examination performed by the Forest Service

∙ No one has passed a validity examination without an approved plan of operations in hand, beforehand

∙ Failure to pass a validity examination nullifies the un-patented mining claim(s) for which validity was sought