Mining Law- Flynn- Lyman

Mining Law- Flynn- Lyman - Things to think about 1 Is this...

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Things to think about 1. Is this mineral a locatable mineral under the 1872 mining law? 2. Is it a valid mineral claim? a. Prudent person test b. Marketability test 3. Is the land open for entry for mineral in question (oil, gold, etc) 4. NEPA steps → any major federal action → must take hard look a. Mine is proposed to BLM. – Notice of Intent if surface disturbance b. Submits plan of operations. c. If BLM thinks there is a significant impact → EIS (otherwise EA) i. After EIS, only disprove if UUD. d. If want to protest approval, file suit 5. Are we on BLM land (UUD) or Forest Land (minimize adverse impacts)? 6. Is the project consistent with the Forest Plan (FS) or Resource Management Plan (BLM)? i. Doesn’t apply to hard rock b/c cannot predict who will come in under the open mineral entry policy b. Was NEPA done when plan was made? c. Plan must include detailed zoning. d. If want more land for leasing, etc → must do new plan and new EIS/NEPA 7. Oil and Gas a. First, have to get lease b. Then, have to apply for drilling permits i. Exploration ii. Development 8. If challenging mine or APD approval (arbitrary and capricious standard under APA) a. Challenge NEPA b. Challenge substantive law i. UUD, mitigate adverse impacts, Clean Water, etc. 9. There always has to be a reclamation bond, hard rock or oil/gas. 10. Plan of Operations is required for all non-exploratory mining, even if < 5 acres. If <5 acres, can get by with Notice of Intent. 11. Need permit for any mining on public land that will disturb surface (submit NOI or PoO) except very minor, i.e. panning for gold. 12. When reviewing PoO (for claim or millsite), BLM should determine claim validity so they know how much authority they have. If claim valid, can only look at UUD. If not valid, other FLPMA rules. 1
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13. If claim is in withdrawn area, BLM will always check validity. 2
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Hard rock Mining Law of 1872 - Mineral exploration and development should have preference over all other uses of the land because they are the highest economic use of the land. - Public domain lands are open for location of mining claims o Must be title originally held by fed o Doesn’t cover acquired lands Acquired lands can only be leased Not decided whether can lease for hard rock - President may only withdraw lands for national monuments after 1976 – FLPMA o Antiquities Act still allows Nat’l monument withdrawal Doesn’t apply in Wyoming o May withdraw subject to existing valid claims (VER’s) Or, may extinguish claims o Wilderness areas closed to mineral development – Wilderness Act of 1964 (closed on Dec. 31, 1983). o Wild Rivers closed from ¼ mile of bank o Congress may withdraw after 1976- FLPMA - FLPMA o Must file claim with fed - Claiming land o Must be US citizen o Creates a property right, still need a permit before actually mining o Must discover a valuable locatable mineral on the land Each parcel must have a discovery Cannot break into small parcels unless valuable discovery on each
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Mining Law- Flynn- Lyman - Things to think about 1 Is this...

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