Please Note: BLM Links may not currently work. The BLM is re-building their websites and there are some minor problems to be worked out. When the websites are working the ALAA Links will also be updated to the new website information.
Regulatory Reform - BLM2.0 may be going down in flame! - March 3, 2017
The Bureau of Land Management’s 2.0 planning rule ran into the Congressional buzz saw when the House of Representatives rejected that proposed rule under the auspices of the Congressional Review Act. The House vote was 234-186 on a resolution of disapproval offered by Rep. Liz Cheney (R-WY). Senator Lisa Murkowski (R-Alaska) has offered a similar resolution in the Senate. With 16 co-sponsors on the Murkowski resolution, we believe the Senate will eventually take up the issue. The 2.0 planning rule may well end up as a zero, meaning that the new management at BLM will face the daunting task of drafting a new planning rule. Speaking of new management at BLM, still no word as to who the President will select to be agency’s new Director.
President Trump issued an executive order requiring federal agencies to eliminate two regulations for every new one issued. Senator Dan Sullivan (R-Alaska) has incorporated that idea into legislation he has introduced, S. 56. The bill would restrict federal agencies from issuing a new rule that would place a financial or administrative burden on businesses or individuals unless they repeal or amend two or more existing regulations of equal value. It’s hard to know whether this legislation will gain any traction given the fact that the executive order is in effect, but its existence along with the executive order sets a pattern for rethinking the whole concept of governing by regulation. We think there is merit to this approach.
For those of you who live east of the Rockies and don't think you have concerns about using Forests to either collect in or go through to get to your collecting sites....think again. These forests are writing or have already written Travel Plans for each of them and the closure of roads throughout is stunning. And this only covers U.S. Forests, we are NOT talking about state forests which is a whole different problem. And don't forget all the states that have seashores....this is becoming another problem on what you can pick up on the beaches of each state.
Stay informed and let us know if there are problems....we can't police all areas, you as ALAA members need to get involved.
Shirley Leeson, President ALAA
The following PDF files contain the Forests by State which are creating or revising their Forest Travel Management Plans (TMP). Click on the Forest to read the TMP
S.33 - A bill to provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for the declaration of marine national monuments, and for other purposes.
There is a proposal that redefines federal authority over the water--and thus the lands--of the United States. Essentially, a takeover of all land in the United States. This proposal has been in the works since at least October, 2006.
This includes private land - Even Your Back Yard! If you have a puddle in your back yard, the EPA can come in and "manage' it and most likely will try! It may be to late!
ALRA - EPA Corps of Engineers Wetlands Jurisdiction Urgent Action Required Click here for our latest email: June 18, 2014
," It amounts to the federal abolition of private property and property rights. Land is being overlaid with multiple layers of federal control. Water is just one. Others include endangered species listings, air quality, water quality, so-called "national" parks/monuments/grasslands, regional plans, etc. The cumulative effect is that any land use or development will have to comply with the laws, rules, and regulations promulgated by multiple federal agencies in addition to the local codes already in place. Feudalism will have been restored, worldwide.", Kirk F. MacKenzie - Defend Rural America
Don't let Land Managers close the access to your favorite collecting sites without hearing from you, the users of Public Lands. Get involved, join ALAA and make the voice of the Rockhound stronger and louder. Take responsibility for use of your land.
Our Friends at Americans for Responsible Recreational Access (ARRA) have put together another quiz. While their first quiz was intended to be a quick fun diversion that could be shared with friends, the quiz below is designed to allow you to test your knowledge of the National Monument designation process.
The Antiquities Act of 1906 grants the President unilateral authority to designate areas of public lands as National Monuments. While it seems clear that the original intent of the law was to provide Presidents with the ability to designate specific landmarks or objects, plus as small a portion of surrounding land as practicable, several Presidents have used the authority to designate large areas. It is almost certain that OHV use will be restricted in any area designated as a National Monument as anti-access proponents view monument designations as a way to functionally manage an area as wilderness without going through the formal wilderness designation process. Last session a leaked Department of Interior memo outlined the Obama Administration’s consideration of designating up to 13 million acres of public lands in 11 western states as National Monuments. As a result numerous bills have been introduced to restrict National Monument designations. Wyoming was previously exempted from the Antiquities Act by statute.
"On March 30, 2009, the Paleontological Resources Preservation Act (PRPA) became law when President Barack Obama signed the Omnibus Public Land Management Act (OPLMA) of 2009, Public Law 111-011. P.L. 111-011, Title VI, Subtitle D on Paleontological Resources Preservation (known by its popular name, the PRPA) (123 Stat. 1172; 16 U.S.C. 470aaa) requires the Secretaries of the Interior and Agriculture to manage and protect paleontological resources on Federal land using scientific principles and expertise. The PRPA includes specific provisions addressing management of these resources by the Bureau of Land Management (BLM), the National Park Service (NPS), the Bureau of Reclamation (BOR), the Fish and Wildlife Service (FWS), and the U.S. Forest Service (USFS) of the Department of Agriculture. " Recently, the USDA Forest Service published their proposed Rule which serves to implement the already existing PRPA of 2009. The official Federal Government USDA Forest Service comment period on this proposed Implementation Rule ends July 22, 2013 (unless extended) ANYONE (yes you) can provide comments to this proposed implementation as the PRPA applies to only Forest Service Lands. It appears that the companion proposed Implementation Rule from the Bureau of Land Management has yet to be published. Thanks to Alan Goldstein and Sandra Carlson (Paleo Society President) for bringing this to our attention via the Paleolist serve.
To read the latest on Fee Free Public Lands Just click on the logo to the right. This issue for March 2015 is Moving Forward With Sensible Recreation Fee Legislation.......................................
HR 4089 has passed the House and is now waiting for a vote in the Senate
An Observation... There is no mention of Rockhounding as a Recreational Activity in either of the two above Bills. If Rockhounds do not speak up and get involved in the Legislation and Land Management Processes, they to will certainly go the way of the dinosauer, the California Grissley Bear and Open Public Lands.
State-by-State InfoAccess Issues, Public Meetings, Contact Information. all this and details about the National Forests in your state on ARRA's comprehensive state pages.
An agreement proposed by attorneys on both sides of a federal lawsuit involving mineral rights on the Allegheny National Forest would throw out a settlement agreement between the U.S. Forest Service and a group of environmentalists, and resolve most of the suit in favor of the oil interests. Read More: Mineral Rights also affect Rockhounds.
LACK OF SUITABILITY AS WILDERNESS The agencies (BLM & USFS) have identified many reasons why these lands are unsuitable for Wilderness including but not limited to:
Lack of Wilderness Qualities
Military Over flights
Existing Mining Claims within the area
Adjacent to existing communities
Difficulty in signing and patrolling
Difficulty in fencing
Existing historical motorized use
"Hardrock mining reform a tough sell despite activist outcry" (Greenwire at The New York Times, 3/16/11) "Efforts ... to overhaul federal oversight of the hardrock mining industry may fall short despite bipartisan agreement that some reforms are overdue. The president's budget blueprint would enact a new fee on hardrock mineral production to help pay for reclamation of abandoned hardrock mines" and set royalties for companies mining materials such as gold, copper, lead and uranium." The 1872 General Mining Act "allows hardrock mining companies to take minerals without paying royalties to the government." Read More
For more on pending legislation see the individual states listings under Active Legislation
For more information on the Wilderness Act: See United States Code Above Title 16 Chapter 23 pages 1131 -11136