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 omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

ASSEMBLY JOINT RESOLUTIONUrging the Secretary of the Interior to comply with

certain regulations regarding surface mining regulations.

1-1 Whereas, Mining is of critical importance to Nevada and its rural

1-2 communities as a significant contributor to this state’s economy; and

1-3 Whereas, The "Nevada model" of regulating the mineral industry is

1-4 known and respected industrywide because it balances the global needs for

1-5 natural resources with related environmental concerns and the economic

1-6 needs of private business, thereby resulting in an environmentally healthy

1-7 state with a viable and responsible mineral industry that uses state-of-the-

1-8 art technology; and

1-9 Whereas, Surface mining regulations governing hardrock mining

1-10 operations and mineral exploration activities on public lands are codified in

1-11 Part 3809 of Title 43 of the Code of Federal Regulations and are commonly

1-12 referred to as "3809 Regulations"; and

1-13 Whereas, The Bureau of Land Management initiated the revision of

1-14 these regulations in January 1997; and

1-15 Whereas, In response to concerns raised by the Western Governor’s

1-16 Association and a group of 15 United States Senators, including Nevada

1-17 Senators Harry Reid and Richard H. Bryan, Congress included language in

1-18 the Omnibus Appropriations Act of 1998 to require a detailed,

1-19 comprehensive study by the National Academy of Sciences of the

1-20 environmental and reclamation requirements for mining on federal lands

2-1 and the adequacy of those requirements to prevent undue degradation, and

2-2 prohibited final revision to the 3809 Regulations before September 30,

2-3 1999; and

2-4 Whereas, Contrary to the requirements of the Omnibus Appropriations

2-5 Act, the Secretary of the Interior is moving forward with revisions to the

2-6 3809 Regulations and to the Environmental Impact Statement; and

2-7 Whereas, Under the Bureau of Land Management’s most recent

2-8 revisions, every western state, including Nevada, may be faced with the

2-9 choice of either expending substantial resources to revise its regulations to

2-10 conform with the new requirements of the Bureau of Land Management or

2-11 having the successful programs of the State of Nevada, which have been

2-12 carefully tested and enforced over the years, simply cease to be operative

2-13 on public lands, thereby imposing significantly detrimental impacts on the

2-14 mineral industry and the State of Nevada; now, therefore, be it

2-15 Resolved by the Assembly and Senate of the State of Nevada,

2-16 Jointly, That the members of the 70th session of the Nevada Legislature

2-17 do hereby urge the Secretary of the Interior to comply with the intent of

2-18 Congress as stated in the Omnibus Appropriations Act of 1998 which

2-19 requires a study of the issue by the National Academy of Sciences and

2-20 prohibits final revision of 43 C.F.R. Part 3809, the 3809 Regulations,

2-21 before September 30, 1999; and be it further

2-22 Resolved, That the Nevada Legislature strongly supports Alternative 1,

2-23 the "No Action" alternative, as described in the draft Environmental Impact

2-24 Statement on Surface Management Regulations and Locatable Mineral

2-25 Operations, to maintain the existing 3809 Regulations without revision or

2-26 modification; and be it further

2-27 Resolved, That the Chief Clerk of the Assembly prepare and transmit a

2-28 copy of this resolution to the Vice President of the United States as the

2-29 presiding officer of the Senate, the Speaker of the House of

2-30 Representatives, the Secretary of the Interior and each member of the

2-31 Nevada Congressional Delegation; and be it further

2-32 Resolved, That this resolution becomes effective upon passage and

2-33 approval.

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