A Message from the Executive Director
Dear AMA Members and Friends, So, how’s your summer been? I hope it’s been a great mix of work and exploration, discovery and fishing! At AMA, we’ve done a little of all of those. But mostly, we’ve been hard at work with our association’s leadership to tackle the constant new policy initiatives coming our way, including the newest threat via the BLM lands rule. In brief, a new proposal by the BLM would radically change how the agency attempts to manage (aka limit use) of land all over the U.S., and it especially hits in Alaska. You can read our lengthy and detailed comments on the AMA website. But here are some key points we think are irrefutable: AMA recommends that BLM withdraw n is not consistent with the Federal Land Policy and Management Act (FLPMA), n would require Congressional action and thus exceeds BLM’s authority to promulgate, and n would be detrimental to the mineral industry in Alaska. Some key excerpts from our letter include: If the rule is not withdrawn, BLM lands in Alaska should be exempt from the rule as the rule is inconsistent with, and potentially in violation of, the Alaska National Interest Lands Conservation Act (ANILCA), passed by Congress in 1980. If Alaska is included, it is undeniable that the proposed rule as: n it is not needed,
clear Congressional authority when regulations issues of importance to the American public. The Proposed Rule will absolutely have “vast economic and political significance” and would govern land use across millions of acres of public lands. That Congress has chosen not to enact the rule BLM seeks to promulgate here is seen from the fact that in 2016 Congress nullified the substantially similar “Planning 2.0 Rule” that was nullified pursuant to the Congressional Review Act and meets both the two requirements to be considered a major question.” The Proposed Rule substantively conflicts with the Mining Law and disregards Congress’ narrow amendment of the Mining Law in all the ways addressed in the preceding Section I. The open access and tenure mandates of the Mining Law would be undermined by the Proposed Rule. Our full comments cover more than 10,000 words, but you get the gist. We won’t know for a bit if our objections are being heard or are falling on deaf ears, not just on this federal issue, but dozens more. But know that we will continue to advocate on your behalf. If you have questions, please call or email me and our AMA leaders anytime. Enjoy our last days of summer, and get ready for a packed fall where we see each others’ faces!
there would be significant impacts on our members and their ability to develop the critical and strategic mineral supplies our nation desperately needs and BLM must fulfill its legal obligations to do an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). It is also undeniable that the Proposed Rule fundamentally changes how the United States government manages millions of acres of BLM lands in Alaska without Congressional authorization. Indeed, Congress. The planning processes in these areas are well evolved and such changes would take years to implement by local staff that are already overwhelmed by their current commitments. Such on the ground implementation challenges and the realities of how they would affect minerals and other important uses of BLM lands are largely ignored in the Proposal Rule and must be considered before any rule is finalized. The cost of this regulation would be staggering in terms of its economic impacts and its costs of implementation and thus requires Congressional action. Moreover, the Supreme Court also outlined the “major questions doctrine” to affirm that federal agencies must have
Deantha Skibinski, Executive Director
Executive Board Bartly Kleven, President Lorali Simon, First Vice President Blake Bogart, Second Vice President Kim Aasand, Treasurer
Branch Chairmen Ted Hawley, Anchorage
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www.alaskaminers.org I The Alaska Miner I August 2023
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