The Office of Mine Reclamation has the authority under Public Resources Code Section 2717 (the AB 3098 list) to list or delist a mine from its list of “good mines.” This authority can have an enormous impact on a mine’s ability to sell to public agencies, which is a critical status in an economic environment where private party purchases are at a historically low level.

Michael Mills and I will be presenting, “Off or On?  Examining OMR’s AB 3098 Listing Procedures” at the CalCIMA 2011 Conference in Monterey, California.  The presentation reviews the requirements for listing a mine on the AB 3098 List, including possible alternative interpretations as to the “compliance” requirements, and reviews the actual prohibitions on providing mined material to state at local agencies as contained in Public Contract Code Sections 10295.5 and 20676.  Presenters review the delisting criteria used by OMR as presented by OMR to the State Mining and Geology Board in February 2010, and the potential due process problems with OMR’s delisting procedures.  The presentation also reviews the status of the Board’s current efforts to develop due process regulations for delisting decisions.

Also, I will be speaking on California Regulatory Trends Affecting the Mining Industry on September 13, 2011 at the Industrial Minerals Assocation conference in Sonoma, California.