FOREST SERVICE MINING RULE

This information was sent along by Julie Kay Smithson at www.PropertyRightsResearch.org.
The deadline for comments is September 7th.
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Any faxed correspondence should have the following as a heading:
USDA-Forest Service, Minerals and Geology Management (MGM)
Staff (2810)
Mail Stop 1126
Washington, DC 20250-1125
36cfr228a@fs.fed.us
703-605-4852
Fax: 703-605-1575
Attn: Secretary Ann Veneman; Undersecretary Mark Rey; Director of Minerals and Geology Management; and Staff Member Sam Hotchkiss
Re: PUBLIC COMMENTS ON THE INTERIM RULE
In accordance with the Request for Public Comments and Notice of Interim Rule:
Federal Register Notice, Friday, July 9 2004, (69 FR 41428)(2004 WL 1530411 (F.R.)), (RIN 0596-AC17) Interim Rule, allegedly, interpreting 36 CFR § 228.4, (the "Interim Rule"), and was signed by Mark Rey.
http://www.fs.fed.us/r5/shastatrinity/news/2004/releases/046-aug3-mining-regulations.shtml
http://www.fs.fed.us/r1/nezperce/newsreleases/mining_regulations_07_15_04.pdf

Dear Secretary Veneman, Undersecretary Rey; Mr. Hotchkiss, and Director of MGM:

August 9, 2004

My name is Patrick Keene; I am part of a third generation family owned business that has served the mining community for 55 years.

Keene Engineering is the largest supplier of small scale and portable mining equipment in the world. Our company and many other manufacturers, sells to small businesses and dealers, who provide goods to prospectors and miners throughout the United States.

On July 7, 2004, there was a notice in the Federal Register announcing Forest Service plans to clarify the language of 36CFR228.4 that will negatively impact gold prospecting -- and any other activities -- on mining claims.

By removing the word significant from "significant surface disturbance," this will allow District Rangers to make arbitrary and capricious decisions as to the activities, which may cause "any" surface disturbance.

Significant surface disturbance, by definition, meant mechanized earth-moving equipment such as bulldozers, backhoes, cutting of trees, and now they are amending the regulation to include, panning, sluicing, small hand held suction dredges and hand tools in the same category.

A suction dredge vacuums material through a suction hose and carries the material into a sluice box. The water and material flows over gravity traps to remove heavy materials such as, gold and also removes lead and mercury which are natural occurring and hazardous to the environment.

Studies have proven that suction dredging does not harm fish or any other types of aquatic species and provides beneficial habitat.

There are over 167,000 small-scale independent miners, which support the economic infrastructure of the U.S. The annual economic benefit generated by small-scale independent miners is $253,000,000 in 2001. Source: U.S. Commerce Department. The Forest Service does not believe that the Economic Impact will not have an annual economic impact of $100,000,000 or more on the economy; which is [utterly false].

This Forest Service rule violates and circumvents the Administration Procedures Act, the National Environmental Protection Act (NEPA), the Regulatory Flexibility Act and many other important laws that give people rights on public lands.

The new language in the 36CFR-228.4 will not allow our industry and many others who provide prospecting supplies to survive, due to extreme economic impacts, because of this new regulation.

The Forest Service also feels that it requires no congressional authority to undermine the 1872 Mining Law.

Small-scale independent miners spend a large amount of money to benefit the small towns, counties, and the State's economies. Small-scale independent miners purchase fuel, groceries and camping supplies and many other amenities. It is important for miner to exercise their rights on public lands to explore and developed potential mineral resources for our country's economy. Most small businesses, which provide prospecting supplies and services, are struggling to survive in this political climate. The Forest Service by this interim rule is trying to eliminate the small-scale independent miners and their rights to prospect on public lands.

The opinion of the Forest Service is that a miner does not have the statuary right to occupy his valid mining claim for the purpose of mining even if it is incidental to a mining operation and that he should therefore be required file a mandatory, Notice of Intent. Which of coarse would require a Plan of Operation and a Bond.

You cannot obtain a bond if no one will bond you. Suction dredging has been exempt in the past The final determination is up to the District Ranger for he or she will be free to make any determination as to what they personally feel will be significant, whether the activity would be such as panning or sluicing of gold.

These regulations could collapse the recreational mining industry. It is essential that Americans maintain their rights to mine on public lands, because of the 1872 Mining law.

Mining is what made this country what it is today.

In conclusion, the new rule in affect will not clarify anything, but leave individuals to make their own interpretations by according to their own agenda, (which could be arbitrary and capricious).

Sincerely,

Patrick Keene
Keene Engineering
20201 Bahama Street
Chatsworth, CA 91311
800-841-7833 (outside CA)
800-392-4653 (in CA)
Fax: 818-993-0447

Pat@KeeneEng.com
http://www.keeneeng.com/contact.html