FS to amend 36 CFR 228.5 regs Options

[plp.001]

#77089, "WARNING -- FOREST SERVICE TO AMEND 228 MINING REGS"


HEADSUP!

Mike Doran, Minerals & Geology teamleader for the Forest Service announced today (Dec. 4) at the NWMA convention that the FS will publish a Notice in the Federal Register, sometime this month, giving notice that the FS proposes to amend the 36 CFR 228 mining regulations.

Word is that this will be a MAJOR REVISION, amending the FS regs to more closely match the new BLM 43 CFR 3809 regs! (And I suppose amending 228.7(b) so that they can issue criminal citations under 261 regs.)

About the only thing we were told about the proposed amendments is that they will create a new level of approval: BONDED NOTICE.
This supposedly will be for activities that don't quite require a full-blown Plan of Operations, but a bond is needed to guaranttee reclamation.

There will be a 60 day comment period. I asked about public meetings and was told none were planned as yet, and that it would depend on the comments they recieve. I take this to mean that if the mining community wants public meetings, they will have to formally request them as soon as the Fed. Reg. Notice is published.

Sleepless in Spokane...
Tom Kitchar
Waldo Mining District

[CP]

Thanks for the link Jerry.

Everyon still has 2 days left to get this sent in if you planned on commenting.

Thought this info might help those still composing their last thoughts.....

36CFR Chapter 2, Subpart A_Locatable Minerals

Sec. 228.1 Purpose.

It is the purpose of these regulations to set forth rules and procedures through which use of the surface of National Forest System lands in connection with operations authorized by the United States mining laws (30 U.S.C. 21-54), which confer a statutory right to enter upon the public lands to search for minerals, shall be conducted so as to minimize adverse environmental impacts on National Forest System surface resources. It is not the purpose of these regulations to provide for the management of mineral resources; the responsibility for managing such resources is in the Secretary of the Interior. (BLM)

And........

36CFR2
Subpart C--Disposal of Mineral Materials

Sec. 228.46 Application of other laws and regulations.
All mining operations for removal of mineral materials from National
Forest lands must meet or exceed applicable Federal standards for the
protection of public safety, health, and the environment, and must also
meet or exceed State and local standards for the protection of public
safety, health, and the environment, to the extent that such standards
are not in conflict with Federal purposes and functions.

I wonder if congress would approve if the FS over steps it's authority?
HMMMMMMMMMMMMMM..........Maybe we should ask them?
Just a thought.

CP