What does President Biden mean for Alaska mining?
Newly elected President Joe Biden wasted no time attempt to make a U-turn in resource development pol- icies in the United States. On the day of his inauguration, the new president signed 15 executive orders marking major policy shifts being implement or evaluated by the new Administration, termed “Agen- cy actions for review that address COVID-19, provide economic relief, tackle climate change, and advance racial equality.” The AMA Federal Oversight Com - mittee has been working for some time to anticipate and prepare for the transition of leadership in Washing- ton. But President Biden quickly has shown his intent to take resource de- velopment in a whole new direction, if not stop it entirely. The most immediate and broad impact will come as resource re- lated agencies review current rules and past executive actions from the Trump administration. In many cas- es these will be Trump actions that in Alaska simplified the process of deal - ing with the Federal government and opened new mining opportunities. Heads of relevant agencies will re- view these actions in accordance with Executive Order “Protecting Public Health and the Environment and Re- storing Science to Tackle the Climate Crisis.” Elements of that order that could directly impact Alaska mining and miners include: n Council of Environmental Quality’s “Guidance Document Pro - cedures,” 86 Fed. Reg. 1279 and “Up - date to the Regulations Implement- ing the Procedural Provisions of the National Environmental Policy Act,” 85 Fed. Reg. 43304. n Department of Agriculture’s “Special Areas; Roadless Area Con - servation; National Forest System Lands in Alaska,” 85 Fed. Reg. 68688. n Environmental Protection Agency’s “Repeal of the Clean Power Plan; Emission Guidelines for Green- house Gas Emissions from Existing Electric Utility Generating Units; Re-
visions to Emission Guidelines Im- plementing Regulations,” 84 Fed. Reg. 32520 and “Financial Respon - sibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hardrock Mining Industry,” 83 Fed. Reg. 7556. n Department of Defense’s “Re - issuance and Modification of Nation - wide Permits,” 86 Fed. Reg. 2744, “Clean Water Act Section 401 Certi - fication Rule,” 85 Fed. Reg. 42210, and “The Navigable Waters Protec- tion Rule: Definition of ‘Waters of the United States,’” 85 Fed. Reg. 22250. n Department of the Interior’s “Notice of Availability of the Pro- posed Resource Management Plan and Final Environmental Impact Statement for the Bering Sea-West- ern Interior Planning Area, Alaska,” 85 Fed. Reg. 78350 and “Notice of Availability of the Record of Decision for the Proposed Willow Master De- velopment Plan Project, Alaska,” 85 Fed. Reg. 69351. In addition, Secretarial Order 3395 issued on Inauguration Day suspends the authority for all Department of Interior agencies to: n Publish or help publish a Fed- eral Register notice of any NEPA Ac- tion n Issue/Revise/Amend Resource Management Plans n Grant rights of way, ease- ments, conveyances, land sales and
exchanges, notices to proceed under previous surface use authorizations that authorize ground-disturbing activities. n Approve plans of operations or amending POOs under Mining Law of 1872 n Issue any final decision on RS2477s n Appoint or hire any personnel at our above level GS13 That order is online at: www.doi. gov/sites/doi.gov/files/elips/docu - ments/so-3395-signed.pdf. Obviously, AMA’s Federal Over - sight Committee is quite busy. We always appreciate your feedback and supplying us with any information related to your business so that we can advocate for you. Biden agency appointees, those who will implement his policies, will also have a big impact on Alaska. So far, his choices have also shared a less-than-favorable record on min- ing issues. These include Environmental Pro- tection Agency Michael S. Regan, In- terior Deb Haaland, Energy Jennifer Grantham, and Commerce Gina Rai - mondo. Climate policy with also be in the forefront, including challenges to re- source development alleged to affect climate change, with John Kerry as Special Envoy for Climate and Gina McCarthy as Climate Czar.
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The Alaska Miner
Winter 2021
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