Lets look back on the recent events in California and state rules for suctions dredging......what a mess eh?
Now we have a new proposal from the FS in an attempt to ammend special use permits 36CFR 261 to include mining operations/dredging to fall into this catagory.
Thank you Jerry (PLP) for posting that link. Very informative too.
http://a257.g.akamaitech.net/7/257/2422/01...pdf/E7-8706.pdf
WE ALL AS CITIZENS NEED TO REPLY ASAP!!
Deadline is: July 9th, 2007.
Email comments to: 36cfr228a@fs.fed.us
Or by the electronic process available at Federal e-Rulemaking portal at
http://www.regulations.gov
QUOTE
If comments are sent by electronic mail the public is requested not to send duplicate written comments via regular mail. Please confine written comments to issues pertinent to the proposed rule; explain the reasons for any recommended changes; and where possible, reference the specific wording being addressed.
Now, lets look at this just as we did the California DF&G rule changes ......backwards.
By the way......has anyone noticed yet that the "Harvey" study from 99' (often used against mining) actually states that "dredge tailings often contain the proper substrates for fish redds"?
Anyway back on track.....backwards!
New proposed rule stems from in fact NF activity in recent past (CA-Lex&McClure cases). Also intertwined with more recent Ca.DF&G rule changes as well!
Yes.......it could definately affect us all. So, who knows what the heck 36CFR261 special use is?
GRRRR! Well here we go anyway! LOL
Obviously after reading the new proposed rule change, one sees that the FS would love to include "mining" into "261", which is in fact, the "prohibited uses" section!!! HUH!?
Does "mining" even fall under the special uses sections!?
NOOOOOOO!!!!!!!!!!! Check this.........
Special uses enforcement section!
QUOTE
251.50-Scope
(a) All uses of National Forest System lands, improvements, and resources, except those authorized by the regulations governing disposal of timber and special forest products, such as greens, mushrooms, and medicinal plants (part 223), minerals (part 228), and grazing of livestock (part 222), are designated "special uses".
(a) All uses of National Forest System lands, improvements, and resources, except those authorized by the regulations governing disposal of timber and special forest products, such as greens, mushrooms, and medicinal plants (part 223), minerals (part 228), and grazing of livestock (part 222), are designated "special uses".
No wonder the judges in both cases set the decisions as they did.......and properly so!
Now the FS seems to be attempting a "run around" their own rules despite the fact that 2 cases/decisions demonstrate they should not!
There is alot more info on the new proposal pdf (including meeting dates, should you be able to attend) but basically there is enough info above to see where a good comment can start.
But lets take a step or two further....since we are in the paperwork this deep already!
Special uses fall under 36CFR right? What else can we learn about that............
If one were to read all of 36CFR it would probably take an entire day or more once you finally found the entire copy!
So I've found some pieces that will save you time making comments now/in the future hopefully.
Starting with .......
QUOTE
36CFR1part9 (Minerals Management)
Subpart A-Mining and Mining Claims
Sec. 9.2-Definitions
(L) Significantly disturbed for the purposes of mineral extraction.
Land will be considered significantly disturbed for purposes of mineral extraction when there has been surface extraction of commercial amounts of a mineral, or significant amounts of overburden or spoil have been displaced due to the extraction of commercial amounts of a mineral.
Extraction of commercial amounts is defined as the removal of ore from a claim in the normal course of business of extraction for processing or marketing. It does not encompass the removal of ore for the purposes of testing, experimentation, examination or preproduction activities.
Subpart A-Mining and Mining Claims
Sec. 9.2-Definitions
(L) Significantly disturbed for the purposes of mineral extraction.
Land will be considered significantly disturbed for purposes of mineral extraction when there has been surface extraction of commercial amounts of a mineral, or significant amounts of overburden or spoil have been displaced due to the extraction of commercial amounts of a mineral.
Extraction of commercial amounts is defined as the removal of ore from a claim in the normal course of business of extraction for processing or marketing. It does not encompass the removal of ore for the purposes of testing, experimentation, examination or preproduction activities.
HMMMMM.......I think we can use that one for sure!
Now lets look at.....
QUOTE
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)
Sec. 228.2 Scope.
These regulations apply to operations hereafter conducted under the United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et seq.), as they affect surface resources on all National Forest System lands under the jurisdiction of the Secretary of Agriculture to which such laws are applicable: Provided, however, That any area of National Forest lands covered by a special Act of Congress (16 U.S.C. 482a-482q) is subject to the provisions of this part and the provisions of the special act, and in the case of conflict the provisions of the special act shall apply.
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)
Sec. 228.2 Scope.
These regulations apply to operations hereafter conducted under the United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et seq.), as they affect surface resources on all National Forest System lands under the jurisdiction of the Secretary of Agriculture to which such laws are applicable: Provided, however, That any area of National Forest lands covered by a special Act of Congress (16 U.S.C. 482a-482q) is subject to the provisions of this part and the provisions of the special act, and in the case of conflict the provisions of the special act shall apply.
Okay, good to have the purpose and scope for locatable minerals!
Edited 5/30/07 7:04pm- to add this note: Make sure to include in your comments somehow..........
36CFR228.1-Purpose
"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)"
Quoted above are "special acts" that apply in certain areas .......California and or NF miners should read through these links to see if your area falls into that catagory!
16 U.S.C. , Chapter 2 (NF), Subchapter I, parts 482a-482q
http://www.access.gpo.gov/uscode/title16/c...bchapteri_.html
Further into the same parts.........
QUOTE
Sec. 228.4 Plan of operations--notice of intent--requirements.
(a) Except as provided in paragraph (a)(1) of this section, a notice
of intent to operate is required from any person proposing to conduct
operations which might cause significant disturbance of surface
resources. Such notice of intent to operate shall be submitted to the
District Ranger having jurisdiction over the area in which the
operations will be conducted. Each notice of intent to operate shall
provide information sufficient to identify the area involved, the nature
of the proposed operations, the route of access to the area of
operations, and the method of transport.
(1) A notice of intent to operate is not required for:
(i) Operations which will be limited to the use of vehicles on
existing public roads or roads used and maintained for National Forest
System purposes;
(ii) Prospecting and sampling which will not cause significant
surface resource disturbance and will not involve removal of more than a
reasonable amount of mineral deposit for analysis and study which
generally might include searching for and occasionally removing small
mineral samples or specimens, gold panning, metal detecting, non-
motorized hand sluicing, using battery operated dry washers, and
collecting of mineral specimens using hand tools;
(iii) Marking and monumenting a mining claim;
(iv) Underground operations which will not cause significant surface
resource disturbance;
(v) Operations, which in their totality, will not cause surface
resource disturbance which is substantially different than that caused
by other users of the National Forest System who are not required to
obtain a Forest Service special use authorization, contract, or other
written authorization;
(vi) Operations which will not involve the use of mechanized
earthmoving equipment, such as bulldozers or backhoes, or the cutting of
trees, unless those operations otherwise might cause a significant
disturbance of surface resources; or
(vii) Operations for which a proposed plan of operations is
submitted for approval;
(2) The District Ranger will, within 15 days of receipt of a notice
of intent to operate, notify the operator if approval of a plan of
operations is required before the operations may begin.
(3) An operator shall submit a proposed plan of operations to the
District Ranger having jurisdiction over the area in which operations will be
conducted in lieu of a notice of intent to operate if the proposed
operations will likely cause a significant disturbance of surface
resources. An operator also shall submit a proposed plan of operations,
or a proposed supplemental plan of operations consistent with Sec.
228.4(d), to the District Ranger having jurisdiction over the area in
which operations are being conducted if those operations are causing a
significant disturbance of surface resources but are not covered by a
current approved plan of operations. The requirement to submit a plan of
operations shall not apply to the operations listed in paragraphs
(a)(1)(i) through (v). The requirement to submit a plan of operations
also shall not apply to operations which will not involve the use of
mechanized earthmoving equipment, such as bulldozers or backhoes, or the
cutting of trees, unless those operations otherwise will likely cause a
significant disturbance of surface resources.
(a) Except as provided in paragraph (a)(1) of this section, a notice
of intent to operate is required from any person proposing to conduct
operations which might cause significant disturbance of surface
resources. Such notice of intent to operate shall be submitted to the
District Ranger having jurisdiction over the area in which the
operations will be conducted. Each notice of intent to operate shall
provide information sufficient to identify the area involved, the nature
of the proposed operations, the route of access to the area of
operations, and the method of transport.
(1) A notice of intent to operate is not required for:
(i) Operations which will be limited to the use of vehicles on
existing public roads or roads used and maintained for National Forest
System purposes;
(ii) Prospecting and sampling which will not cause significant
surface resource disturbance and will not involve removal of more than a
reasonable amount of mineral deposit for analysis and study which
generally might include searching for and occasionally removing small
mineral samples or specimens, gold panning, metal detecting, non-
motorized hand sluicing, using battery operated dry washers, and
collecting of mineral specimens using hand tools;
(iii) Marking and monumenting a mining claim;
(iv) Underground operations which will not cause significant surface
resource disturbance;
(v) Operations, which in their totality, will not cause surface
resource disturbance which is substantially different than that caused
by other users of the National Forest System who are not required to
obtain a Forest Service special use authorization, contract, or other
written authorization;
(vi) Operations which will not involve the use of mechanized
earthmoving equipment, such as bulldozers or backhoes, or the cutting of
trees, unless those operations otherwise might cause a significant
disturbance of surface resources; or
(vii) Operations for which a proposed plan of operations is
submitted for approval;
(2) The District Ranger will, within 15 days of receipt of a notice
of intent to operate, notify the operator if approval of a plan of
operations is required before the operations may begin.
(3) An operator shall submit a proposed plan of operations to the
District Ranger having jurisdiction over the area in which operations will be
conducted in lieu of a notice of intent to operate if the proposed
operations will likely cause a significant disturbance of surface
resources. An operator also shall submit a proposed plan of operations,
or a proposed supplemental plan of operations consistent with Sec.
228.4(d), to the District Ranger having jurisdiction over the area in
which operations are being conducted if those operations are causing a
significant disturbance of surface resources but are not covered by a
current approved plan of operations. The requirement to submit a plan of
operations shall not apply to the operations listed in paragraphs
(a)(1)(i) through (v). The requirement to submit a plan of operations
also shall not apply to operations which will not involve the use of
mechanized earthmoving equipment, such as bulldozers or backhoes, or the
cutting of trees, unless those operations otherwise will likely cause a
significant disturbance of surface resources.
Read the end of section (3) above carefully and note this part for future use
"The requirement to submit a plan of operations shall not apply to the operations listed in paragraphs (a)(1)(i) through (v). The requirement to submit a plan of operations also shall not apply to operations which will not involve the use of mechanized earthmoving equipment, such as bulldozers or backhoes, or the
cutting of trees, unless those operations otherwise will likely cause a
significant disturbance of surface resources."
Whew what a load eh?!
See?........it really can, and does affect us all! Everything ties together in the end.
It appears to this citizen that the FS, the new proposal concerning "261", the Ca. state rules changes are attempts to run an "end around" exsisting rules protecting our rights!
What are your thoughts?
Here is another tid bit that could useful in both federal and state comments to come........
QUOTE
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.
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.
This is some of the info I'm going to use in my comments formed over the next couple weeks......hopefully the info helps a few more folks do the same.
Deadlines are posted at top so take your time and word it well!
CP
