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
ASSEMBLY JOINT RESOLUTION—Urging 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 rural1-2
communities as a significant contributor to this state’s economy; and1-3
Whereas, The "Nevada model" of regulating the mineral industry is1-4
known and respected industrywide because it balances the global needs for1-5
natural resources with related environmental concerns and the economic1-6
needs of private business, thereby resulting in an environmentally healthy1-7
state with a viable and responsible mineral industry that uses state-of-the-1-8
art technology; and1-9
Whereas, Surface mining regulations governing hardrock mining1-10
operations and mineral exploration activities on public lands are codified in1-11
Part 3809 of Title 43 of the Code of Federal Regulations and are commonly1-12
referred to as "3809 Regulations"; and1-13
Whereas, The Bureau of Land Management initiated the revision of1-14
these regulations in January 1997; and1-15
Whereas, In response to concerns raised by the Western Governor’s1-16
Association and a group of 15 United States Senators, including Nevada1-17
Senators Harry Reid and Richard H. Bryan, Congress included language in1-18
the Omnibus Appropriations Act of 1998 to require a detailed,1-19
comprehensive study by the National Academy of Sciences of the1-20
environmental and reclamation requirements for mining on federal lands2-1
and the adequacy of those requirements to prevent undue degradation, and2-2
prohibited final revision to the 3809 Regulations before September 30,2-3
1999; and2-4
Whereas, Contrary to the requirements of the Omnibus Appropriations2-5
Act, the Secretary of the Interior is moving forward with revisions to the2-6
3809 Regulations and to the Environmental Impact Statement; and2-7
Whereas, Under the Bureau of Land Management’s most recent2-8
revisions, every western state, including Nevada, may be faced with the2-9
choice of either expending substantial resources to revise its regulations to2-10
conform with the new requirements of the Bureau of Land Management or2-11
having the successful programs of the State of Nevada, which have been2-12
carefully tested and enforced over the years, simply cease to be operative2-13
on public lands, thereby imposing significantly detrimental impacts on the2-14
mineral industry and the State of Nevada; now, therefore, be it2-15
Resolved by the Assembly and Senate of the State of Nevada,2-16
Jointly, That the members of the 70th session of the Nevada Legislature2-17
do hereby urge the Secretary of the Interior to comply with the intent of2-18
Congress as stated in the Omnibus Appropriations Act of 1998 which2-19
requires a study of the issue by the National Academy of Sciences and2-20
prohibits final revision of 43 C.F.R. Part 3809, the 3809 Regulations,2-21
before September 30, 1999; and be it further2-22
Resolved, That the Nevada Legislature strongly supports Alternative 1,2-23
the "No Action" alternative, as described in the draft Environmental Impact2-24
Statement on Surface Management Regulations and Locatable Mineral2-25
Operations, to maintain the existing 3809 Regulations without revision or2-26
modification; and be it further2-27
Resolved, That the Chief Clerk of the Assembly prepare and transmit a2-28
copy of this resolution to the Vice President of the United States as the2-29
presiding officer of the Senate, the Speaker of the House of2-30
Representatives, the Secretary of the Interior and each member of the2-31
Nevada Congressional Delegation; and be it further2-32
Resolved, That this resolution becomes effective upon passage and2-33
approval.~