The federal government has rescinded a restriction on new mining or mineral exploration on 1.3 million acres in California’s deserts.
The restrictions, which were formulated under the Barack Obama Administration in 2016 by the Bureau of Land Management, were rescinded this week
According to a notice laid out in the Federal Register on February 7, “The Bureau of Land Management (BLM) has canceled its withdrawal application and the withdrawal proposal relating to 1,337,904 acres of public lands within designated California Desert National Conservation Lands. The BLM, a division of the Department of the Interior, has determined that the lands are no longer needed in connection with the proposed withdrawal. This notice terminates the temporary segregation from location and entry under the United States mining laws, subject to valid existing rights, the provision of existing withdrawals, other segregations of record, and the requirements of applicable law. The BLM has also terminated the preparation of an environmental impact statement evaluating this application and proposal.”
Further down in the notice, under supplemental information, it is stated that on December 28, 2016, notice had been given of an action with the nomenclature 81 FR 95738, which called for the withdrawal of 1,337,904 acres of public lands within designated California Desert National Conservation Lands from location and entry under the United States mining laws for 20 years, but not from mineral or geothermal leasing or mineral materials laws, subject to valid existing rights.
81 FR 95738 contained an involved description of the land enclosed within the action. That property included portions of the desert lying northwesterly and northeasterly of California State Highway 164; portions of the desert lying easterly, southerly and southwesterly of Ivanpah; portions of the desert lying easterly and northeasterly of BLM Stateline Wilderness Area and southeasterly of Mesquite Valley; portions of the desert lying easterly and northeasterly of BLM Stateline Wilderness Area; portions of the desert lying westerly and southeasterly of BLM Mesquite Wilderness Area; portions of the desert lying northwesterly of Mojave National Preserve; portions of the desert lying northeasterly, southeasterly, southwesterly, northerly, southerly, and easterly of BLM Kingston Range Wilderness Area; that area of the desert lying southerly, southeasterly and northeasterly of BLM Pahrump Valley Wilderness Area; those portions of the desert lying northeasterly of BLM Hollow Hills Wilderness Area; that portion of the desert lying northwesterly of U.S. Interstate Highway 15; those portions of the desert lying easterly of BLM Hollow Hills Wilderness Area; some portions of the desert lying easterly of the Soda Mountains; some portions of the desert lying easterly, westerly and northwesterly of U.S. Interstate Highway 15; portions of the desert lying easterly of California State Highway 127; portions of the desert lying northwesterly, southerly and westerly of BLM South Nopah Range Wilderness Area; some portions of the desert lying northerly, southerly, easterly, and westerly of Dumont Dunes; some portions of the desert lying easterly and westerly of Sheep Creek Springs Road right-of-way; portions of the desert lying easterly of Death Valley, portions of the desert lying southeasterly of BLM Saddle Peak Hills Wilderness Area, and northeasterly of Death Valley National Park; portions of the desert lying southeasterly, southerly and easterly of BLM Ibex Wilderness Area; portions of the desert lying southwesterly, northerly and northeasterly of the boundaries of the BLM Bighorn Mountain Wilderness Area; portions of the desert lying northeasterly, southeasterly and southwesterly of Joshua Tree National Park; portions of the desert lying westerly of Kaiser Road; portions of the desert southerly of U.S. Interstate Highway 10, portions of the desert lying southerly, westerly and northerly of BLM Chuckwalla Mountains Wilderness Area; portions of the desert lying northerly and easterly of Chocolate Mountains Aerial Gunnery Range; portions of the desert lying southerly and westerly of Mule McCoy Linkage; portions of the desert lying northerly, northwesterly, southeasterly, southwesterly and westerly of the BLM Picacho Peak Wilderness Area; portions of the desert lying northeasterly and easterly of BLM Malpais Mesa Wilderness Area; and portions of the desert lying northeasterly of BLM Owens Peak Wilderness Area, among other areas.
The geologically diverse California Desert Conservation Area, covering more than 25 million acres, includes sand dunes, canyons, dry lakes, 90 mountain ranges, and 65 wilderness areas.
Because of the rescission, prospectors will be able to stake claims later this winter, but not at once. According to Jerome E. Perez, the California state director of the Bureau of Land Management, “At 10 a.m. on March 9, 2018, the public lands described will be opened to location and entry under the United States mining laws, subject to valid existing rights, the provision of existing withdrawals, other segregations of record, and the requirements of applicable law. Appropriation of lands under the mining laws prior to the date and time of restoration is unauthorized. Any such attempted appropriation, including attempted adverse possession under 30 U.S.C. 38, shall vest no rights against the United States. Acts required to establish a location and to initiate a right of possession are governed by state law where not in conflict with federal law. The BLM will not intervene in disputes between rival locators over possessory rights given that Congress has provided for such determinations in local courts.”
Environmentalists were displeased by the Donald Trump Administration’s action.
Ileene Anderson, the lead scientist with the Center For Biological Diversity, on Thursday told the Sentinel, “This cancellation of the mining withdrawal, while not completely unexpected, clearly imperils the conservation values of these lands now and into the future, and undermines the carefully crafted Desert Renewable Energy Conservation Plan, which was developed and adopted through a rigorous public process. These National Conservation Lands have been identified as being a key part in keeping our irreplaceable California Desert Conservation Area connected and healthy in a world dealing with a quickly changing climate.”
-Mark Gutglueck