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Attachment No. 1 

 S . 59 Lands Hearing 



OVERREGULATION OF MINING IN NATIONAL FORESTS 



Position Paper by W. J. Cavanaugh - 5/1/86 



Overzealeous interpretation of the Surface Use Regulations 

 (36 CFR 228) by U.S. Forest Service personnel has resulted in 

 unreasonable inhibition of the legitimate activities of many 

 prospectors and miners. This abuse of authority is particular- 

 ly damaging to the small miner who does not have the financial 

 resources to cope with the cost of increased restrictions. It 

 also has a negative impact on those companies who can absorb 

 the cost. Any increase in the cost of mining tends to limit 

 the grade of ore that is economical to mine regardless of the 

 operator's financial capability. 



Part of the problem is a direct result of Forest Service 

 policies which impose reclamation requirements in excess of 

 those allowed by the regulations. These involve such items as 

 cosmetic contouring to improve visual appearance, reseeding of 

 all disturbed surfaces and bonding for cleanup after cessation 

 of operations. These practices have been resisted by one small 

 operator who feels the excess requirements are not reasonable 

 and if allowed, there would be a steady escalation of similar 

 restrictions which would eventually drive him out of business. 



In l^&k the operator applied for a plan of operation to 

 conduct a small cyanide heap leach operation to test the 

 feasibility of leaching gold from mine dumps in a previously 

 mined district of Lyon County, Nevada. An environmental 

 assessment was conducted to evaluate the impact on the environ- 

 ment. It was determined (by the Forest Service) through the 

 EA process that this was not a major Federal action that would 

 significantly affect the quality of the human environment; 

 therefore an Environmental Impact Statement was not required. 

 There are no floodplains or wetlands and the work is outside 

 of any Roadless Areas as previously inventoried. 



The District Forest Ranger then imposed a series of recla- 

 mation requirements (cosmetic contouring, reseeding, etc.) 

 which were to improve the visual appearance of the area after 

 completion of the project. The operator reasoned that the re- 

 quired reclamation had nothing to do with protection of the 

 land from erosion or landslides as prescribed in the regulation. 

 The area is relatively flat and is covered with sage brush of 

 no economic value. It is located at an elevation of 6600 feet 

 where the natural reseeding of vegetation is more than adequate 

 to allow the disturbed surface to recover in a reasonable 

 period of time. Negotiation on this issue was not productive. 

 The Ranger held firm to his decision. An approval of the Plan 

 of Operation was conditioned on the receipt of a bond to assure 

 compliance with his demands. 



