BILL ANALYSIS
SB 483
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Date of Hearing: August 29, 2002
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Howard Wayne, Chair
SB 483 (Sher) - As Amended: August 28, 2002
SENATE VOTE : 34-1
SUBJECT : Surface mining and reclamation.
SUMMARY : This bill provides funding and time extensions for the
remediation of abandoned mines in California and for an annual
report on abandoned mine remediation projects that are proposed
for the next fiscal year. This bill amends the Surface Mining &
Reclamation Act of 1975 with the intent to protect Native
American sacred sites from the potential environmental impacts
associated with cyanide heap leach mining.
EXISTING LAW :
1)Establishes an abandoned minerals and mineral materials mine
reclamation program for the purpose of administering funds
received by the state under the federal Surface Mining Control
and Reclamation Act of 1977, or through amendments to federal
general mining laws. (Surface Mining and Reclamation Act of
1975 (Act), Public Resources Code section 2710 et seq.).
2)Authorizes funds appropriated by the Legislature to be used
for the state abandoned minerals and mineral materials mine
reclamation program.
3)Authorizes the Department of Conservation (DOC), until January
1, 2003, to remediate or complete reclamation of abandoned
mined lands that meet specific requirements and to make the
costs of remediation a lien on the affected property.
THIS BILL :
1)Prohibits a lead agency from approving a reclamation plan for
a surface mining operation for gold, silver, copper, or other
metallic minerals, or financial assurances for the operation,
if the operation is located on, or within one mile of, any
Native American sacred site and is located in an area of
special concern, unless both of the following criteria are
met:
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a) The reclamation plan requires that all excavations be
backfilled and graded to achieve original contours and
excess materials are placed back into excavated areas, and
b) There are sufficient financial assurances.
2)Prohibits application of the financial assurances provision
above to the following:
a) Any surface mining operation in existence on January 1,
2003, for which the lead agency has issued final approval
of a reclamation plan and the financial assurances prior to
September 1, 2002.
b) Any amended reclamation plan or financial assurances
that are necessary for the continued operation or expansion
of a surface mining operation in existence on January 1,
2003, that otherwise satisfies the aforementioned
requirement.
3)Defines "Native American sacred site" as a specific area that
is identified as sacred by virtue of its established
historical or cultural significance to a Native American
group.
4)Defines "Area of special concern" as an area of Critical
Environmental Concern under the Desert Conservation Area Plan
of 1980.
5)Repeals Section 21066.5 of the Public Resources Code, which
requires consideration of a federally recognizes Indian tribe
as a "public agency having jurisdiction over natural
resources," as proposed to be added by SB 1828 (Burton) of
this session, which is in the Senate for concurrence in
Assembly amendments.
6)Declares that these provisions are not intended to conflict
with federally-designated uses on federally-owned lands, but
are intended to be a state regulatory framework consistent
with California Coastal Commission v. Granite Rock (1987) 480
U.S. 572.
7)Extends the time for the DOC to remediate or complete
reclamation of abandoned mined lands to January 1, 2007.
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8)Requires the DOC, not later than January 1 of each year to
report to the Legislature on any abandoned mine remediation
projects that are proposed for the following year.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will have minor costs.
COMMENTS : On July 9, 2001, the Committee heard Sections 3 and 4
of this bill and voted 8-0 to approve it. Sections 1, 2, 5,
5.5, 6, and 7 of this bill amend the Act with the intent to
protect Native American sacred sites from the potential
environmental impacts and depredations associated with cyanide
heap leach mining, which leaves huge holes in the ground and
extremely large mounds of leached ore materials and mining waste
above ground.
A state can impose reasonable environmental regulations on
mining activities conducted by a private party on federal land,
provided that the net effect of the imposition of those
regulations was not a de facto ban of or the imposition of a
"clear obstacle" to the use of the land which was allowed by the
federal government on such land. California Coastal Commission
v. Granite Rock Co. , 489 U.S. 572 (1987). These provisions
prescribe the conditions that must be met if a permit or other
approval for the mining operation is issued.
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REGISTERED SUPPORT / OPPOSITION :
Support
Construction Materials Association of California
Opposition
California Mining Association
Analysis Prepared by : Aristotle E. Evia / NAT. RES. / (916)
319-2092