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U.S. Laws and Regulations Governing Gold Mining on Private and Federal Lands

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

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U.S. Laws and Regulations Governing Gold Mining on Private and Federal Lands

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  1. U.S. Laws and Regulations Governing Gold Mining on Private and Federal Lands Prepared by National Mining Association (NMA) www.nma.org October, 2005

  2. 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.

  3. 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 • 168 million acres have been withdrawn from entry, leasing and sale, except for valid existing rights.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)

  4. Withdrawn Lands • National Parks 80.0 million acres • Wilderness Preservation System (FWS) 20.0 million acres • Plus total ANWAR wilderness 11.0 million acres •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acres • National Monuments 5.5 million acres • Plus National Conservation Areas 1.0 million acres • Type 1 (reservoir withdrawn lands) 6.9 million acres • Plus acquired land Total 168.0 million acres

  5. 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 Total182.0 million acres Mineral development activities are subject to Federal Surface Management Agency (SMA) approval and only if not in conflict with land use designation.

  6. US Federal (Public) Lands

  7. 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

  8. 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

  9. 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.

  10. 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

  11. 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.

  12. 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.

  13. 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

  14. Mining Law of 1872 • Maintenance fees • Claims fees

  15. U.S. Laws and Regulations at Each Step in Mining Process Exploration Mining Materials Handling Processing Smelting Refining Closure and Reclamation

  16. 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

  17. 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

  18. Environmental/Social Considerations Host community consultation U.S. Legal Protections Public hearings (consultation) at various stages in permitting process 1.0 Exploration

  19. 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

  20. 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

  21. 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

  22. 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 2.0 Surface Mining

  23. 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) Extensivestate 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

  24. 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 3.0 Underground Mining

  25. 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

  26. 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 4.0 Materials Handling

  27. Environmental/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/Beneficiation

  28. Environmental/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 5.0 Ore Processing/Beneficiation

  29. 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 6.0 Smelting

  30. 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 7.0 Refining

  31. 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 8.0 Closure & Reclamation

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