Assembly Joint Resolution No. 7

Assembly Joint Resolution No. 7-Committee on Natural Resources, Agriculture, and Mining

FILE NUMBER

ASSEMBLY JOINT RESOLUTION--Urging the Secretary of the Interior to suspend or withdraw the new regulation of the Bureau of Land Management governing bonding requirements for certain mining operations on public lands.

Whereas, The United States Bureau of Land Management proposed on July 11, 1991, to amend its policies governing bonding requirements for reclamation of hard-rock mining operations on public lands, as set forth in the regulations governing surface management in Subpart 3809 of Part 3800 of Title 43 of the Code of Federal Regulations; and
Whereas, The Bureau of Land Management recently adopted those proposed regulations with the publication of a final rule on February 28, 1997, approximately 5 1/2 years later; and
Whereas, The newly amended regulation takes effect on March 31, 1997, and contains new policies that were not a part of the policies proposed on July 11, 1991, including requirements for the certification of reclamation cost estimates by a third-party professional engineer; and
Whereas, The general public was not apprised of the substance of the final version of the regulation and the significant issues involved, and therefore had no opportunity to comment on the new policies included in the final rule, in violation of the federal Administrative Procedures Act (5 U.S.C. § 553); and
Whereas, The final rule will have a negative impact on large and small miners, on their suppliers and contractors and on the economy and residents of the State of Nevada; and
Whereas, Without any opportunity for comment and with no increase in federal funding, the final rule will substantially increase the work load for agencies in the State of Nevada that administer programs in the areas of environmental protection and minerals; and
Whereas, The final rule could have a severe impact on the administration of the program providing for the pooling of reclamation performance bonds established in this state pursuant to chapter 519A of the Nevada Revised Statutes; and
Whereas, The final rule would place the Bureau of Land Management in the position of enforcing criteria for water quality, a task that rightfully belongs to the State Department of Conservation and Natural Resources pursuant to the Nevada Revised Statutes and the federal Clean Water Act; and
Whereas, The Bureau of Land Management has provided no documentation or evidence of problems regarding the failure of miners to carry out required reclamation efforts in this state; and
Whereas, The State of Nevada has been a strong supporter of mining reclamation programs, and the Bureau of Land Management itself acknowledges that this state is a leader in such programs; and
Whereas, The Bureau of Land Management has initiated a complete regulatory review of the regulations governing surface management set forth in Subpart 3809 of Part 3800 of Title 43 of the Code of Federal Regulations but has separated the policies regarding bonding requirements for reclamation of hard-rock mining operations on public lands from that review without explanation; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 69th session of the Nevada Legislature are outraged by the procedures followed by the Bureau of Land Management in adopting the final rule on bonding requirements for reclamation of hard-rock mining operations on public lands, especially because those procedures violate the guarantee of due process in the United States Constitution; and be it further
Resolved, That the members of the 69th session of the Nevada Legislature urge the Secretary of the Interior to suspend or withdraw the final rule on bonding requirements for reclamation of hard-rock mining operations on public lands and to include the subject matter in the review, which is already in progress, of Subpart 3809 of Part 3800 of Title 43 of the Code of Federal Regulations; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Secretary of the Interior, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage and approval.
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