June 2022 Bulletin
President's Message

I hope everyone is having a good summer – time seems to move so quickly especially with so much activity in our industry. Preparations are well underway for the Annual Meeting in Reno – thank you to the AEMA staff and many others who are working to make it a memorable event as always. One of the other areas we are planning for is the next class of our AEMA Society, so please start thinking about potential candidates that could benefit from the great knowledge sharing opportunities this program is providing to the next generation of mining industry leaders.

In mid-June, we held our Board Meeting and reception in Spokane. Much appreciation to the sponsors and all those who participated. After careful consideration, we anticipate our fall Board meeting will be in Arizona and involve in-person participation only. As we move forward, it is so valuable to be able to have face-to-face interactions with the Board and the many others that attend our events.

As we shared in the last several updates, the Biden administration’s Interagency Working Group (IWG) remains an important target area. Since last month, when Mark reported on the kick-off meeting at the White House, we had the opportunity to meet with the IWG immediately before the Spokane Board meeting. With so many topics on their agenda, we had to be very focused in our comments, but I believe we provided very strong messages on Mining Law, Federal lands, permitting, tribal affairs and Good Samaritan legislation. Thank you to those who contributed to preparing and presenting our remarks. 

We continue to emphasize that we are open to constructive dialogue especially on changes that would encourage responsible mineral development. However, we are clear that this is not the time for additional burdens and uncertainties, especially those that would make mineral mining in the U.S. even harder. I know it is frustrating sometimes because of how difficult it can be to get our strong message across, but we do believe that there are IWG members that are listening. Our written responses to the IWG are due at the end of July – thank you to the many folks that are working on drafting these. 

We also had good meetings in the past month with EPA’s National Mining Team and key Forest Service minerals staff on their role in the IWG process and as well as other national initiatives. Our goal is to continue constructive, ongoing dialogue with each of the agencies involved in the IWG, including during our upcoming visit to DC. We will also continue to engage with Congressional leaders who have expressed interest in, and offered their support in monitoring, the IWG’s efforts. 

Beyond the IWG, we are working with many of you in following and participating in the numerous ongoing administration activities and legal actions that could impact our members. Please reach out to us where we can provide more detail on these efforts and, as always, we welcome the input and participation of all of our members.
 
Ron Rimelman
2022 AEMA President
Annual Meeting Update
Registration is open for our 128th Annual Meeting - Secure Supply Chains Start with Us, December 4-9, 2022, at the Nugget Casino Resort in Sparks, Nevada. Our ‘easy to follow’ registration buttons (Exhibitors have their own buttons) can be found here. Use this same link to download the most recent brochure and/or a Sponsorship form.

If you are looking for information about our Call for Papers, go to Pages 13 & 14 of the brochure. Be sure to read this before you submit your abstract. Abstracts must include:
  • Complete name of the author, position, company/organization, business address, phone number and email address.
  • Name of the session you wish to participate in. Sessions accepting abstracts are listed under the Interest Track.
  • Abstracts must be in MS Word and sent as an attachment to an email. No PDF files.
  • Short Bio
 
The Exhibit Hall is filling up. If you are interested in a booth or core shack, contact Mike Heywood at [email protected] for details. Lists of current exhibitors by Company Name, by Product/Service and by Booth # begins on Page 33 of the brochure.
 
Registration information for the Student Poster Contest and the Professional Poster Session are on Pages 27 & 28.
 
The option to purchase the Exhibit Hall Sandwich has been removed from the registration form. In place of the sandwich lunch, we will be offering several food choices to select from onsite. They will be sold in the Exhibit Hall and will be cash or credit card sales.
 
Our list of companies and individuals who have become sponsors for this year keeps growing. This month we added Brooks & Nelson, Brown and Caldwell, MRC Recruiters and Sailing Rock Consulting. We want to acknowledge and thank the individuals and companies on the list below who have become sponsors for 2022. Get all the benefits of sponsorship by joining this group and signing up as a sponsor today. 
Public Outreach
AEMA Hosts Summer Reception in Spokane

As mentioned in Ron's letter, AEMA hosted their Summer Reception in Spokane, Washington nearly two weeks ago! It was great to see so many familiar and new industry advocates gathered together again. This year we also had the pleasure of taking guests to the Sunshine Mine in Kellogg, Idaho for a personal underground tour. We cannot thank the generous sponsors enough for making the day possible, and we are already looking forward to hosting another reception this October in Arizona (details to come).
Engage with AEMA on Social Media

Follow us on Twitter, Instagram, Facebook and LinkedIn to access our latest graphics, news articles and engage with the rest of the mining industry. If you are interested in coordinating social media efforts with AEMA, reach out to Kenna O'Neill.
Public Lands/Mining Law
AEMA Meets with Interagency Working Group

Earlier this year the Biden administration launched an Interagency Working Group (IWG), led by the Department of the Interior, on “reforming hardrock mining laws, regulations and permitting policies.” Executive director Mark Compton participated in the kickoff meeting of the IWG at the White House last month, and AEMA continues to proactively engage the agencies involved in the process.

In conjunction with AEMA’s quarterly Board of Trustees meeting, we met with the IWG on June 17. We stressed the importance of self-initiation and security of tenure, outlining the advantages of the claim location system versus a leasing system for hardock minerals. We also emphasized the need to more efficiently permit mining projects, and highlighted the positive work being done by many in the industry to proactively and meaningfully engage tribes.

Addressing abandoned mine lands is a focus of the IWG, so we took the opportunity to promote Good Samaritan legislation like S. 3571 to address liability issues that are barriers to AML remediation.

Many thanks to Ron Rimelman with NOVAGOLD Resources, Jeff Parshley with SRK Consulting, Lori Lusty with Simplot, Matt Bingham with Hudbay Minerals, Carolyn McIntosh with Squire Patton Boggs, Adam Hawkins with Global External Relations, and Connie Rogers with Terra Law Group for leading the discussion, and all AEMA members for lending their expertise.

AEMA will be heavily engaged in further discussions with the IWG departments and agencies, as well as working with our members to submit written comments to the DOI’s Request for Information by the end of July.
AEMA Opposes Arizona Withdrawl Bill

On June 7, the Senate Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests and Mining held a hearing on a number of bills. Of particular interest was S.387, the Grand Canyon Protection Act, sponsored by Sen. Kyrsten Sinema. In addition to the buffer that already exists around Grand Canyon National Park, S.387 would withdraw from mineral entry an additional 1 million acres. The withdrawal would take in a number of uranium mines and known deposits, in spite of the growing U.S. and global dependence on Russian uranium, and a recent USGS report that showed that the nine uranium mines that have operated in northern Arizona since modern environmental regulations took effect have caused no adverse environmental or health impacts. AEMA joined NMA, Arizona Mining Association, Arizona Rock Products Association, Colorado Mining Association, Utah Mining Association, Women’s Mining Coalition and Wyoming Mining Association in signing a letter addressed to chairs and ranking members of the full committee and subcommittee, expressing our concerns and opposition to S.387. Read the letter here.
Draft EA for Railroad Valley Withdrawl Released

Last year, we informed you of a NASA proposal to segregate and eventually withdraw 23,000 acres in Nye County, Nevada. The area of the withdrawal would be in the Railroad Valley, about 80 miles northeast of Tonopah, an area with hundreds of hardrock claims.

After a comment period and public forum last year, NASA scaled back the proposal 311 acres at BLM’s request, so as to eliminate overlap with BLM’s Railroad Valley Wildlife Management Area. AEMA submitted comments last July, and we encourage you to do so this time as well, because this area contains significant deposits of lithium, a mineral President Biden specifically targeted when he invoked the Defense Production Act to produce the minerals needed for electric vehicles and other large-scale batteries.

When Department of Interior published the Notice of Application for Withdrawal in the Federal Register on April 29, 2021, it began the two-year segregation period in which DOI must analyze the withdrawal request and make a decision. The Draft EA is part of that analysis. You can read the Draft EA and its appendices here, and submit comments via e-mail here. Please address your comments to Amy Keith, NASA Headquarters Environmental Management Division. The comment deadline this time around is July 23, 2022.
Environmental Issues
AEMA Meets with EPA's National Mining Team

On June 8, AEMA members had the opportunity to meet with the EPA’s National Mining Team, consisting of more than two dozen EPA employees from nearly every region as well as EPA headquarters. It was an opportunity for AEMA to highlight to EPA leaders the indispensable nature of a strong domestic mining industry to meet our nation’s mineral needs, as well as the evolution of the mining industry’s environmental performance in areas such as tailing management, mine site closure and reclamation, and in the environmental justice arena. We also had a good discussion on EPA’s role in the Interagency Working Group on Mining Regulations, Laws and Permitting, and AEMA’s engagement in the process.
EPA Submits Brief in Sackett Case

The EPA recently filed their brief in the Clean Water Act case of Sackett v. EPA, currently pending before the Supreme Court. EPA argues that Justice Kennedy’s “significant-nexus test,” established in the 2006 Rapanos decision, is the proper test for whether a wetland falls under the jurisdiction of the Clean Water Act. The significant-nexus test is generally broader than the more tightly-drawn “continuous-surface-connection test” written by the four-justice plurality in Rapanos. The Sacketts argue that Scalia’s continuous-surface-connection is the proper test. Interestingly, EPA’s brief notes that Chief Justice John Roberts was part of the plurality opinion in Rapanos, in which he suggested the agencies could have settled the issue of CWA jurisdiction through notice-and-comment rulemaking. Some Supreme Court watchers have suggested that the intervening 16 years of watching EPA repeatedly swing and miss with notice-and-comment rulemakings has worn out Roberts’ patience. Read the full EPA brief here.
Proposed Rule on 401 Certifications

Earlier this month, EPA published a proposed rule in the Federal Register which would make changes to the Clean Water Act’s Section 401 Rule. As many of you know, Section 401 requires federal agencies such as EPA or the U.S. Army Corps of Engineers (the Corps) to secure certification or a waiver from states or tribes before issuing a Section 404 discharge permit for a project. However, in recent decades, states and tribes had begun to abuse this authority, delaying or rejecting 401 certification for peripheral or unrelated reasons. EPA promulgated a rule in 2020 that sought to rein in these abuses by limiting Section 401 reviews to issues directly related to the permit, and established timelines for review and action.

EPA’s proposed rule is likely to remove or blur some of these limitations. For instance, the proposal would allow certifying authorities to evaluate and place conditions on the activity as a whole, which opens the door to delay or denial of a permit for peripheral or unrelated reasons. The proposal also allows states and tribes to participate in defining a “reasonable time” to conduct 401 reviews, and some experts argue that the proposed rule could give states and tribes the authority to protect all their water under Section 401, not just waters considered “navigable” or “waters of the U.S.” (WOTUS). AEMA will submit comments on this proposed rule, and we encourage you to do so as well. EPA is accepting comments until August 8, and will hold several outreach sessions for the public and project proponents. Visit EPA’s website for more information on the proposal, upcoming outreach sessions, and instructions for submitting comments here.
Critical & Strategic Minerals
Legislation to Boost Minerals for Defense Stockpile

Last week, Senators Joe Manchin (D-WV) and Joni Ernst (R-IA) teamed up to introduce the Homeland Acceleration of Recovering Deposits and Renewing Onshore Critical Keystones (HARD ROCK) Act. As members of the Senate Armed Service Committee (SASC), Manchin and Ernst were able to include a large portion of the HARD ROCK Act in the National Defense Authorization Act (NDAA), and SASC approved the NDAA June 17 on a 23-3 vote.

Thanks to the HARD ROCK language, the NDAA will authorize $1 billion for the National Defense Stockpile to procure critical and strategic minerals in short supply. It will also give the stockpile manager the ability to acquire a more updated inventory of that more accurately meets national defense needs, and requires DoD to determine whether statutory updates are needed. 

Although little mining takes place in Iowa, Senator Ernst is a combat veteran who retired as a Lieutenant Colonel after 23 years in the Iowa Army National Guard. Read more about the HARD ROCK Act here.
Bipartisan Bill Paves Way for Uranium as a Critical Mineral

Rep. Dan Newhouse (R-WA), chairman of the Congressional Western Caucus, teamed up with Rep. August Pfluger (R-TX), Henry Cuellar (D-TX) and Vicente Gonzalez (D-TX) to introduce the “Critical Minerals Classification Improvement Act” on June 13. This bipartisan bill would remove the “non-fuel” requirement from the critical mineral definition, so dual-purpose minerals like uranium could be designated as critical minerals. The bill also requires the U.S. Geological Survey (USGS) to reevaluate the current critical minerals list, finalized and released in 2022, to make any necessary revisions. When the 2022 list was published, USGS argued that uranium had to be removed because the Energy Act of 2020 prohibited fuel minerals from being defined as critical. AEMA supports the bipartisan effort to restore uranium to the critical minerals list. Read the press release on the bill here.
Member/Industry News
AEMA Presents to Rocky Mountain Mining Institute

AEMA was invited to speak at the Rocky Mountain Mining Institute’s 118th Conference and Annual Meeting in Snowmass, Colorado. Executive director Mark Compton shared progress being made on the development of Good Samaritan legislation to facilitate cleanup of abandoned hardrock mines by providing comprehensive liability protections for anyone who wants to voluntarily mitigate and reclaim an AML.
AEMA's Elko Hospitality Nite a Success
Tonopah Historic Mining Park Celebration

AEMA was proud to join our mining industry partners and community members at the second annual Summer Community Soiree this month in Tonopah, NV to raise money for ongoing restorations at the Tonopah Historic Mining Park. If you haven’t had a chance to visit the park, or haven’t been there in a few years, you should definitely check it out! 

Mining Schools Act Introduced in the House

Rep. Burgess Owens (R-UT) and Rep. Jim Costa (D-CA) recently introduced companion legislation in the House of Representatives to the Mining Schools Act of 2022. As you may recall, the Mining Schools Act would authorize $10 million annually through 2030, directing the Department of Energy to establish a grant program at mining colleges and universities in the United States. The grant programs would help these mining schools attract and train more students in mining engineering, geology, and other fields related to mining. Although demand for minerals is rapidly increasing, the industry is experiencing difficulty filling vacancies. AEMA offers our gratitude to Reps. Owens and Costa for sponsoring this important piece of legislation in the House.
Women's Mining Coalition Seeks Manager

AEMA would like to personally congratulate former Women's Mining Coalition Coordinator, Emily Arthun on her new position as Chief Executive Officer for the American Coal Council. Emily has been a major advocate for the industry and a great partner to us.

The WMC is looking to hire a Manager to fill her role. Additional details including a job description and qualification list can be found here. Applications should be emailed to [email protected].
Welcome New Corporate Members!
Disa Technologies, Inc
Parkland
Sailing Rock Consulting
Valley Science and Engineering
Remember to Update Your Profile!
Have you changed jobs, email address or have a new phone number?

Make sure to update your information in your Member Profile. This will update our records as well as the online Membership Database that is available under Member Resources.

Not sure how to update? Check out our guide here: Updating Your Member Profile