Small-claims miners prepare for federal rule changes while debate rages on
The federal Bureau of Land Management announced June 15 that it would uphold a Clinton administration rule that requires all miners to obtain bonds. Previously, miners who had a disturbed area of five acres or less didn’t have to obtain a cleanup bond.
Bonding provides money to restore a mine site with topsoil and natural contouring if a mining company goes bankrupt.
Although the Bush administration kept the Clinton bonding rules, it did decide to delay the deadline for compliance from July 19 to Sept. 13.
The Alaska Miners Association and others said small claims miners would not have time to obtain bonds under the earlier deadline, given the short northern mining season.
Federal officials have estimated that 135 mining operations in Alaska are affected by the rules.
Large mining companies have secured such bonding for many years, according to Karen Batra of the National Mining Association, which primarily represents major mining companies.
However, Steve Borell, director of the Alaska Miners Association, said he is concerned that the BLM’s new rules will disallow the only method that small claims Alaska miners in recent years have found to provide such a guarantee -- the state bonding pool. The pool backs small claims miners, mostly placer operators, who do not use chemicals in the mining process.
"The way this is written, you can’t use state bonding pools,’’ Borell told the Fairbanks Daily News-Miner. "What you effectively will have done is eliminate the small mining operations.’’
The bonding requirement was just one among a list of changes to mining rules that the Clinton administration issued on its last day following a lengthy public process. The final draft rules were first published Nov. 21, two months before Clinton left office.
Although the BLM upheld the new bonding rules on June 15, it also announced that it would continue to review the other changes adopted by Clinton.
Chief among those changes is language that gives new discretion to federal managers to stop a mine if they determine it is harming public lands.
"That means I can spend hundreds of millions of dollars (on exploration and development) and then it gets to the end of this project and the BLM can say ’Oh-oh, doesn’t fit,’ ’’ Borell said. "That’s just too much uncertainty. People are not going to operate on federal land.’’
If the Bush administration wants to review such issues, though, it may have to hurry.
Rep. Jay Inslee, D-Wash., successfully amended the House version of the annual Interior appropriations bill in mid-June with language that could stop the Bush review and force BLM to keep the Clinton-era rules.
Inslee’s amendment passed 216-194, with the support of most Democrats and 28 Republicans. Rep. Don Young, R-Alaska, voted against the amendment.