Assembly Joint Resolution No. 19–Committee on

Natural Resources, Agriculture, and Mining

FILE NUMBER........

Whereas, Mining is of critical importance to Nevada and its rural

communities as a significant contributor to this state’s economy; and

Whereas, The "Nevada model" of regulating the mineral industry is

known and respected industrywide because it balances the global needs for

natural resources with related environmental concerns and the economic

needs of private business, thereby resulting in an environmentally healthy

state with a viable and responsible mineral industry that uses state-of-the-

art technology; and

Whereas, Surface mining regulations governing hardrock mining

operations and mineral exploration activities on public lands are codified in

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

referred to as "3809 Regulations"; and

Whereas, The Bureau of Land Management initiated the revision of

these regulations in January 1997; and

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

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

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

the Omnibus Appropriations Act of 1998 to require a detailed,

comprehensive study by the National Academy of Sciences of the

environmental and reclamation requirements for mining on federal lands

and the adequacy of those requirements to prevent undue degradation, and

prohibited final revision to the 3809 Regulations before September 30,

1999; and

Whereas, Contrary to the requirements of the Omnibus Appropriations

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

3809 Regulations and to the Environmental Impact Statement; and

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

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

choice of either expending substantial resources to revise its regulations to

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

having the successful programs of the State of Nevada, which have been

carefully tested and enforced over the years, simply cease to be operative

on public lands, thereby imposing significantly detrimental impacts on the

mineral industry and the State of Nevada; now, therefore, be it

Resolved by the Assembly and Senate of the State of Nevada,

Jointly, That the members of the 70th session of the Nevada Legislature

do hereby urge the Secretary of the Interior to comply with the intent of

Congress as stated in the Omnibus Appropriations Act of 1998 which

requires a study of the issue by the National Academy of Sciences and

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

before September 30, 1999; and be it further

Resolved, That the Nevada Legislature strongly supports Alternative 1,

the "No Action" alternative, as described in the draft Environmental Impact

Statement on Surface Management Regulations and Locatable Mineral

Operations, to maintain the existing 3809 Regulations without revision or

modification; and be it further

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

copy of this resolution to the Vice President of the United States as the

presiding officer of the Senate, the Speaker of the House of

Representatives, the Secretary of the Interior 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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