The Bureau of Land Management (BLM) has increased location and maintenance fees for mining claims on federal lands. The new location fee is $40, and the new maintenance fee is $165 per lode mining claim or site and $165 for each 20 acres or portion thereof for placer mining claims. The due date for all
National Park Service Regulations Do Not Apply to Inholdings in Alaska
By Ramona Monroe, Joe Perkins & Veronica Keithley on
Alaska is different—it has moose hunters on hovercrafts, many large national parks, and certain unique federal laws. Last week the U.S. Supreme Court unanimously held that National Park Service laws and regulations of general applicability do not apply to inholdings within Alaska’s national parks. Sturgeon v. Frost, 587 U.S. ___ (2019).
While on a moose hunting trip twelve years ago, John Sturgeon was repairing his hovercraft on a section of the Nation River within the Yukon-Charley Rivers National Preserve (a unit of the National Park System) when park rangers ordered him to stop using the hovercraft in the preserve. Mr. Sturgeon left that day without the benefit of his hovercraft and without a moose. He later sued, arguing that the Park Service ban on hovercrafts did not apply to the Nation River, a navigable river the bed of which is owned by the State of Alaska.
This case arose under the Alaska National Interest Lands Conservation Act of 1980 (ANILCA). When the federal government designated national park lands in ANILCA, it swept tracts of nonfederal lands (state, Alaska Native corporation, and private inholdings) within the park boundaries. ANILCA provides that no state, Native, or private inholdings “shall be subject to the regulations applicable solely to public lands within [conservation system] units.” 16 U.S.C. § 3103(c). Nonetheless, the federal government claimed that the Park Service could regulate the inholdings like park lands.
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Earthquake Disrupts Mining Filings and Payments: What You Need to Know
By Ramona Monroe on
The 2018 deadline to record affidavits of labor and pay rental on State of Alaska mining claims was disrupted by a 7.0 earthquake near Anchorage at 8:29 a.m. on Friday, November 30. As a result of the earthquake, the Department of Natural Resources’ Anchorage office and the State of Alaska Recorder’s Office closed, preventing the…
How Will Alaska Pay its Rebatable Production Tax Credits?
By Jonathan Iversen on
Alaska’s rebatable production tax credit program was created by state legislators to be an incentive for explorers and small producers to invest in oil and gas exploration and production in the state but was hurt by its own success when oil prices dropped. The legislature repealed the program but a queue of valid outstanding credits…
The Battle Over the Alaska Oil and Gas Production Tax Credit
By Jonathan Iversen on
Alaska’s oil and gas production tax has been subject to continuing debate and change as lawmakers and policymakers struggle with balancing budgets in times of volatile oil prices while also encouraging the investment necessary to monetize the state’s resources to run its government, create jobs, build and maintain infrastructure, and promote economic activity. In my…
Trump’s BLM Cannot Delay Implementation of Oil and Gas Methane Rules after Effective Date
By Mike Mills & Shannon Morrissey on
Posted in Oil & Gas, Regulation
On October 4, 2017, the United States District Court for the Northern District of California held that the Bureau of Land Management (“BLM”) cannot postpone implementation of natural gas methane emission rules because such action would violate the Administrative Procedure Act (“APA”). Plaintiffs – the State of California, the State of New Mexico, and a coalition of seventeen conservation and tribal citizens groups (jointly “Plaintiffs”) – initiated the lawsuit in two separate actions. Plaintiffs argued that postponing implementation of the BLM’s Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule (“Final Rule”) after its effective date violated Section 705 of the APA.
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Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?
By Eric Martin on
Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015 greater sage-grouse amendments to federal land use management plans. (Prior post on Sage-Grouse Review Team here.) Among other things, such as coordinating federal mitigation policy with state mitigation approaches, the Trump Administration will now be moving to “[r]emove all [sagebrush focal areas (SFAs)] and the management actions tied to SFAs.” This would include the pending withdrawal for up to 20 years of over 10 million acres of SFAs on public lands in six western states from mineral location and entry under the General Mining Law . (Prior posts on withdrawal here and here.) The report also recognizes a short-term “[n]eed to clarify under what circumstances or how the [land use management] plans recognize valid existing rights.” Because valid existing rights (i.e., a mining claim within which a valuable mineral deposit has been discovered) are relevant if a withdrawal is approved, this recommended clarification indicates that the Trump Administration may well withdraw the SFAs for a short time while it moves forward with amending the plans to remove the SFAs altogether.
Continue Reading Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?
U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators
By Willa Perlmutter on
Posted in Mining
On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn over certain personnel records requested by the Mine Safety and Health Administration (MSHA) during a § 105(c) discrimination complaint investigation. The mine operator challenged the request for the records on several grounds, arguing that the Secretary of Labor overstepped his authority because the records were not among those that the Mine Act requires operators to keep and also that neither the miner nor MSHA had ever told the mine operator what the factual basis was for the miner’s discrimination case.
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Federal Bill Proposes Streamlined Pipeline Permitting, Vesting Authority in FERC
By Mike Mills & Shannon Morrissey on
Posted in Oil & Gas
On July 19, 2017, Republicans in the U.S. House of Representatives passed legislation that grants the Federal Energy Regulatory Commission (“FERC”) increased autonomy over pipeline approvals. The bill, Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (H.R. 2910), is aimed at streamlining the federal permitting process for pipeline approvals.
H.R. 2901 would specify timeframes and procedures for FERC and other affected agencies to follow in conducting environmental reviews related to natural gas pipelines. The bill would give FERC the authority to designate which other agencies will participate in the permitting and environmental review process, and FERC would hold primary authority by setting the terms of environmental reviews, requiring other federal agencies to defer to FERC. In addition, all National Gas Act reviews would be required to proceed concurrently and finish within 90 days of the environmental review, unless otherwise mandated by law.Continue Reading Federal Bill Proposes Streamlined Pipeline Permitting, Vesting Authority in FERC
Reconsidering Helium Production on Federal Lands Amid Privatization of Federal Helium Reserve
By Eric Martin on
On Wednesday the Bureau of Land Management (BLM) will auction helium stored in its Cliffside Field underground storage facility in west Texas (aka the Federal Helium Reserve). This annual auction under the Helium Stewardship Act of 2013 is part of a privatization effort that began back in 1996 and will culminate with the BLM divesting itself of that facility by 2021. At the same time, concerns about helium supply are again rising, as production from Qatar, which accounts for 25% of global helium supply, was interrupted last month by an economic boycott in the region. These events are prompting Congress to consider changing the nearly century-old treatment of helium under the Mineral Leasing Act of 1920.
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