FS to amend 36 CFR 228.5 regs Options

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#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]

Just came across this.........From February of just last year!
It's a testimonial quote from
Harv Forsgren
Southwestern Regional Forester
U.S.Forest Service
United States Department of Agriculture

Concerning National Forests at Risk: The 1872 Mining Law and its Impact
on the SantaRita Mountains of Arizona

Thought it was interesting to read, check it out below....see what you think.

Testimony
Harv Forsgren
Southwestern Regional Forester
U.S.Forest Service
United States Department of Agriculture 

Subcommittee on National Parks, Forests and PublicLands
And
Subcommittee on Energy and Mineral Resources
Committee on Natural Resources
United States House of Representatives

Concerning 

Our National Forests at Risk: The 1872 Mining Law and its Impact
on the SantaRitaMountains of Arizona

February 24, 2007
Tucson , Arizona


Mr. Chairman and Members of the Committee, thank you for the opportunity to present the Department’s views on the impacts of the 1872 Mining Law on National Forest System lands, in particular in relation to the Rosemont Mine proposal on the Coronado National Forest.

Forest Service policy for administering the 1872 Mining Law

Forest Service regulations provide rules and procedures for using the surface of National Forest system lands in connection with locatable mineral operations authorized by the 1872 Mining Law. This law and its amendments confers to a citizen a statutory right to enter upon public lands to search for and develop minerals and engage in activities reasonably necessary for such uses. Operations covered by these regulations include all reasonable activities, regardless of whether such operations take place on or off mining claims on National Forest System lands. All prospectors and miners whose proposed activities could result in significant environmental impacts must comply with these regulations through submittal and agency approval of plans of operation.

All proposed activities are conducted to minimize, prevent or mitigate and reclaim adverse environmental impacts to surface resources. Reasonable conditions, which do not materially interfere with such operations, are required to ensure environmental impacts to surface resources are minimized. In evaluating a proposed plan of operations, the Forest Service considers the environmental effects of the mineral operation, including whether the proposed operation represents part of a well-planned, logically sequenced mineral operation. On lands that are open for entry under the 1872 Mining Law, the statutory right of the public to prospect, develop, and mine valuable minerals is fully honored and protected.

The Forest Service Minerals Program Policy signed by Forest Service Chief Jack Ward Thomas in 1995 states that the Forest Service will "foster and encourage private enterprise in the development of economically sound and stable industries, and in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, and environmental needs." This national policy was affirmed by Chief Dale Bosworth in 2004.

Likewise, the Department of Agriculture has a long-standing policy regarding mining operations on National Forest System lands open to mineral entry. In a portion of a 2003 informational memorandum to the Chief of the Forest Service, Under Secretary Mark Rey stated:

The Forest Service's locatable mineral regulations 36 CFR 228 Subpart A have not been amended or limited and remain fully in effect for operations on or off mining claims.


The Forest Service is not required to conduct mining claim validity exams before processing and approving proposed plans of operation.


The Forest Service will conduct a timely review of proposed operations and continue to ensure proposed activities are required for and reasonably incidental to prospecting, mining, or processing operations.


The Forest Service will continue to ensure operations comply with the regulations and minimize adverse environmental effects to the extent feasible.
For National Forest System lands that are open to entry under the 1872 mining law, the Forest Service is not required to inquire into claim validity before processing and approving a plan of operation.