u.s. laws and regulations governing gold mining on private and federal lands
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U.S. Laws and Regulations Governing Gold Mining on Private and Federal Lands. Prepared by National Mining Association (NMA) www.nma.org October, 2005. Background. - PowerPoint PPT PresentationTRANSCRIPT
U.S. Laws and Regulations Governing Gold Mining on Private and Federal Lands
Prepared by National Mining Association (NMA)
www.nma.org
October, 2005
Background
U.S. laws and regulations governing gold mining on federal (public) and private lands cover a broad range of environmental, worker safety, materials handling, labor relations, public comment, mandatory land reclamation and land access matters.
Some laws, such as the General Mining Law, are specific to mining of metals on federal lands, while requirements affecting environmental performance and public comment, for example, apply to all of American industry.
Most metals mining in the United States occurs in 12 western states, where much of the land is owned by the federal government.
Federal (Public Lands)
Bureau of Land Management (BLM) at the U.S. Department of the Interior is responsible for approximately 700 million acres of Federal mineral
estate. 168 million acres have been withdrawn from entry, leasing and
sale, except for valid existing rights. (First class lands) 182 million acres are restricted. (Second class lands) Remaining lands are accessible, subject to laws and regulations.
(Third class lands)
Withdrawn Lands
National Parks 80.0 million acres Wilderness Preservation System (FWS) 20.0 million acres
Plus total ANWAR wilderness 11.0 million acres Wilderness Preservation System (FS) 34.7 million acres
Plus National Recreation Areas 2.6 million acres Wilderness Preservation System (BLM) 5.3 million acres
National Monuments 5.5 million acres Plus National Conservation Areas 1.0 million acres
Type 1 (reservoir withdrawn lands) 6.9 million acres Plus acquired land
Total 168.0 million acres
Restricted Lands
National Recreation Areas (NPS) 3.7 million acres All Wildlife Refuges (FWS) 63.0 million acres
Except ANWAR Future Roadless Areas (FS) 58.5 million acres Wilderness Study Areas (BLM) 32.2 million acres Acquired Lands (BOR) 1.0 million acres DOD 24.0 million acres
Total 182.0 million acres
Mineral development activities are subject to Federal Surface Management Agency (SMA) approval and only if not in conflict with land use designation.
US Federal (Public) Lands
Regulatory Authority: Federal Lands National Environmental Policy Act (NEPA) 40 CFR 6
Establishes EPA procedures for complying with NEPA Establishes requirements for contents of Environment Impact
Statement (EIS) Establishes EPA procedures for floodplain management and
wetlands protection
Regulatory Authority: Federal Lands Bureau of Land Management (BLM) Surface
Management Regulations 43 CFR 3802, 3809 Establishes requirements for approval of construction of access
roads and power lines on public lands under BLM jurisdiction Requires Environmental Assessment/Environmental Impact
Statement to address existing physical, biological, visual, cultural and socio-economic resources, impacts of proposed activity on these resources and mitigative measures
Requires activities to be conducted to prevent unnecessary and undue degradation
Generally requires plans of operation and reclamation and financial assurance for reclamation
Regulatory Authority: Federal Lands Forest Service (FS) Regulations, 36 CFR 228
Establishes requirements for approval of activities including exploration, mining, construction of access roads and power lines on public lands under FS jurisdiction
Requires Environment Assessment/Environmental Impact Statement to address existing physical biological, visual, cultural and socio-economic resources, impacts of proposed activity on these resources and mitigative measures.
Requires activities to be conducted to minimize adverse environmental impacts where feasible
Generally requires plans of operation and reclamation and financial assurance for reclamation.
Regulatory Authority: Reclamation Current federal regulations provide for mandatory
reclamation of any disturbance on public lands. BLM and the Forest Service have reclamation policies
requiring mining operations to provide financial assurances for all mining activities on lands under their control
All mining states have adopted reclamation laws that take into account local climate, geological and land use conditions
Regulatory Authority: Environment States have primacy for environmental regulation of
mining on federal and non-federal lands through the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, and the Resource Conservation and Recovery Act (RCRA).
States enforce their own regulatory programs through state water quality standards, among other laws.
Mining Law of 1872 Governs access to federal lands Covers exploration for and development of minerals on
federal (public) lands. Establishes private mining rights to “locatable” minerals
on federal lands. Covers all valuable metallic minerals (e.g., gold, silver, lead, tin,
copper) and large group of nonmetallic minerals (e.g., calcium borates, feldspar, fluorspar and gypsum).
Does not include leasable minerals (e.g., oil, gas, coal, etc.) or salable minerals such as sand and gravel.
Has evolved through series of legislative, judicial and administrative modifications. More than 37 statutes enacted that either directly amend the Mining Law or apply to operations conducted under the Mining Law.
Mining Law of 1872
Patents 3 million acres have gone into private ownership by mineral
claimants. In contrast: 288 million acres converted under agricultural homesteads 94 million acres provided as land grants to railroads
Congressional moratorium placed on further patents in 1994 Applications in process were grandfathered All patents subject to objections
Mining Law of 1872
Maintenance fees Claims fees
U.S. Laws and Regulations at Each Step in Mining Process Exploration
MiningMaterials HandlingProcessingSmeltingRefiningClosure and Reclamation
1.0 Exploration
Environmental/Social Considerations
Protected lands, sacred sites
U.S. Legal Protections
Withdrawn & Restricted Lands Federal Land Planning &
Management Act Section 302(b) requires
compliance with federal & state laws related to protection of environment and cultural resources. Must prevent unnecessary/undue degradation 43 CFR 3809.415(a); 3809.420(b)(8)
National Historic Preservation Program Section 106 (16 U.S.C. 470f)
1.0 Exploration
Environmental/Social Considerations
Air and water safety
U.S. Legal Protections
Federal & State Clean Air Act State Water Quality Standards Resource Conservation &
Recovery Act Federal Land Planning &
Management Act Air – 3809.420(b)(4) Water – 3809.420(b)(5) Waste – 3809.420(b)(2)
1.0 Exploration
Environmental/Social Considerations
Host community consultation
U.S. Legal Protections
Public hearings (consultation) at various stages in permitting process
2.0 Surface Mining
Environmental/Social Considerations
Underground water quality/flow
Worker safety
U.S. Legal Protections
Federal Safe Drinking Water Act & regulations
State groundwater protection requirements
State aquifer protection programs
Mine Safety & Health Administration (MSHA) 30 U.S.C. 801 et seq.
2.0 Surface Mining
Environmental/Social Considerations
Safe use of explosives
U.S. Legal Protections
Bureau of Alcohol, Tobacco, Firearms & Explosives Regulations on purchase,
storage and use of explosive materials, including training, security precautions and communications among employees when using explosives
30 CFR part 56, Subpart E (MSHA)
27 CRF Part 55S (ATF)
2.0 Surface Mining
Environmental/Social Considerations
Proper development Safe water discharges
U.S. Legal Protections
Required to prevent unnecessary/undue degradation. Must mitigate 3809.420(a)(4) 3809.420(b)(2)
Must have stormwater management plan
NPDES Permit
2.0 Surface Mining
Environmental/Social Considerations
Safe handling/storage of fuels, hazardous materials
U.S. Legal Protections
Department of Transportation HAZMAT regulations, MSHA, OSHA & EPA requirements
Superfund Amendments & Reauthorization Act (SARA) Title III notice requirements, including Toxic Release Inventory (TRI) requirements
3.0 Underground Mining
Environmental/Social Considerations
Management of mine wastes
Worker and mine safety
U.S. Legal Protections
Must be managed to prevent unnecessary/undue degradation 3809.420(b)(2) Extensive state requirements,
RCRA imminent hazard authority CERCLA liabilities
30 CFR Parts 48, 57, 58, 62 MSHA regulations re employee
training, operator safety and health and provisions for use of protective equipment as necessary
3.0 Underground Mining
Environmental/Social Considerations
Protection of aquatic ecosystems, biodiversity, water supply
U.S. Legal Protections
Must monitor for and meet state water quality standards/criteria within jurisdictional waters, must have Clean Water Act Section 402 permit for water discharge, 404 permit for discharge of fill material
Safe Drinking Water Act
4.0 Materials Handling
Environment/Social Considerations
Appropriate construction of roads, waste, disposal facilities and other support operations
Protection of ecosystems
U.S. Legal Protections
All roads and other facilities must be reclaimed 3809.420(b)(1,3,5) and state requirements for reclamation plans must be approved and bonded prior to mining.
National Environmental Policy Act (NEPA) review process; no unnecessary/undue degradation. State requirements to protect/mitigate adverse effects
4.0 Materials Handling
Environmental/Social Considerations
Safe use or discharge of chemicals
U.S. Legal Protections
Discharges must be controlled to prevent unnecessary/undue degradation 3809.420(b)(11)
State & Federal Clean Water Act- NPDES (Section 402) Nationwide and Individual
Permits (Section 404) CERCLA Liabilities RCRA imminent hazard authority State groundwater requirements
5.0 Ore Processing/BeneficiationEnvironmental/Social
Considerations Safe operation of heap leaching
facilities and use of cyanide and other chemicals
Safe operation of tailings facilities
U.S. Legal Protections
Federal & State Clean Water Act requirements; Spill Prevention Control Countermeasures (SPCC) plan required; Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Natural Resource Damage (NRD) liability; state requirements. Must minimize the release of leaching solutions in the environment 3809.420(b)(11)
See above
5.0 Ore Processing/BeneficiationEnvironmental/Social
Considerations Safe use of cyanide and other
chemicals
Operator safety and health
Control of acid mine drainage
U.S. Legal Protections
Federal and state Clean Water Act/NPDES permits; CERCLA NRD liability; CWA SPCC plans; must minimize the release of leaching solutions into the environment 3809.420(b)(11)
30 CRF Parts 48 et al – Employee training and operator safety and health.
Must prevent unnecessary/undue degradation and minimize; state & federal requirements to reclaim mined area with potential to generate AMD
6.0 Smelting
Environmental/Social Considerations
Employee health and safety
Air emissions
U.S. Legal Protections
30 CRF Part 56, subpart D, H, J, K, M, N, O, Q; 30 CFR Part 62 (MSHA); 30 CFR Part 48
29 CFR Parts 1900-1910 (OSHA) require protection of employees form exposure to safety or health conditions that might endanger them.
State and federal Clean Air Act requirements
7.0 Refining
Environmental/Social Considerations
Tailings, waste residue
Use of cyanide
U.S. Legal Protections
Federal and state Clean Water Act requirements; SPCC plan required; CERCLA NRD liability
See above
8.0 Closure & Reclamation
Environmental/Social Considerations
Long-term plan, strategy
Physical and socio-economic stability
US Legal Protections
Required to submit reclamation plan with plan of operations and to bond
3809.401(b)(3) Reclamation plan subject to public
comments/hearings