Assembly Joint Resolution No. 19–Committee on
Natural Resources, Agriculture and Mining

March 17, 1999

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Referred to Committee on Natural Resources,
Agriculture and Mining

 

SUMMARY—Urges Secretary of the Interior to comply with certain regulations regarding surface mining regulations. (BDR R-1646)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15). omitted.

 

ASSEMBLY JOINT RESOLUTIONUrging the Secretary of the Interior to comply with

certain regulations regarding surface mining regulations.

1-1 Whereas, Surface mining regulations governing hardrock mining

1-2 operations and mineral exploration activities on public lands are codified in

1-3 Part 3809 of Title 43 of the Code of Federal Regulations and are commonly

1-4 referred to as "3809 Regulations"; and

1-5 Whereas, The Bureau of Land Management initiated the revision of

1-6 these regulations in January 1997; and

1-7 Whereas, In response to concerns raised by the Western Governor’s

1-8 Association and a group of 15 United States Senators, including Nevada

1-9 Senators Harry Reid and Richard H. Bryan, Congress included language in

1-10 the Omnibus Appropriations Act of 1998 to require a detailed,

1-11 comprehensive study by the National Academy of Sciences of the

1-12 environmental and reclamation requirements for mining on federal lands

1-13 and the adequacy of those requirements to prevent undue degradation, and

1-14 prohibited final revision to the 3809 Regulations before September 30,

1-15 1999; and

1-16 Whereas, Contrary to the requirements of the Omnibus Appropriations

1-17 Act, the Secretary of the Interior is moving forward with revisions to the

1-18 3809 Regulations and to the Environmental Impact Statement; and

1-19 Whereas, Under the Bureau of Land Management’s most recent

1-20 revisions, every western state, including Nevada, may be faced with the

2-1 choice of either expending substantial resources to revise its regulations to

2-2 conform with the new requirements of the Bureau of Land Management or

2-3 having the programs of the State of Nevada, which have been carefully

2-4 tested and enforced over the years, simply cease to be operative on public

2-5 lands; now, therefore, be it

2-6 Resolved by the Assembly and Senate of the State of Nevada,

2-7 Jointly, That the members of the 70th session of the Nevada Legislature

2-8 do hereby urge the Secretary of the Interior to comply with the intent of

2-9 Congress as stated in the Omnibus Appropriations Act of 1998 which

2-10 requires a study of the issue by the National Academy of Sciences and

2-11 prohibits final revision of 43 C.F.R. Part 3809, the 3809 Regulations,

2-12 before September 30, 1999; and be it further

2-13 Resolved, That the Chief Clerk of the Assembly prepare and transmit a

2-14 copy of this resolution to the Vice President of the United States as the

2-15 presiding officer of the Senate, the Speaker of the House of

2-16 Representatives, the Secretary of the Interior and each member of the

2-17 Nevada Congressional Delegation; and be it further

2-18 Resolved, That this resolution becomes effective upon passage and

2-19 approval.

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