MMSA Quarterly Newsletter November 2002 - PDF by tep20478


									MMSA Quarterly Newsletter                                                                       November 2002

                                          Mining and Metallurgical
                                             Society of America
                                                      476 Wilson Ave., Novato, CA 94947-4236

 Tel: (415) 897-1380                             Fax: (415) 899-0262                       Web site:

OFFICERS:                              gubernatorial races across                                             However, taking
 President, K. Marc LeVier             the country. Every vote                                       a stand on issues and
 Vice President, Robert W. Schafer     will be counted and every                                     voicing concerns, re-
 Secretary, Barbara A. Filas           vote will have an impact                                      quires getting involved
 Treasurer, Kenneth A. Brunk           on the future of this coun-                                   and stirring the waters,
 Ex-Officio, John W. Goth
                                       try and the future of our                                     risking accumulation of
COUNCILORS:                            families. We, as MMSA                                         tarnish.    This requires
At-Large                               members, leaders of our                                       that we get involved in
   Paul D. Chamberlin                  industry and leaders of our                                   the process and risk be-
   Bernard J. Guarnera                 communities, must en-                                         ing muddied.      In 2001
   Gene E. McClelland                  courage everyone we                                           we initiated efforts in
   Clinton L. Miller                   know to participate in the                                    several areas of impor-
Arizona Section                        process of free elections.                                    tance, such as govern-
   William H. Dresher                  Take a moment and look                                        ment affairs, education
   Martin C. Kuhn
   Ben K. Sternberg
                                       at how we treat the elec-       K. Marc LeVier, President     and the mineral valuation
Colorado Section                       tion process. Is it impor-                                    system. In the area of
   D. Scott Barr                       tant to you? Do we take this opportunity     government affairs we have partnered
   Barbara A. Filas                    seriously or too lightly?                    with NWMA on making our positions
   Paul C. Jones                                 Yesterday, while I enjoyed the     known to government officials on issues
   Dale W. Rodolff                     near perfect fall weather working in my      of importance. We have continued to
Nevada Section                         yard, I was struck by the vision of a vol-   work with NMA on the same issues but
    Neil B. Prenn                      unteer campaigner working the neighbor-      with limited success. The NMA partner-
San Francisco Section                  hood. As he went from door to door, he       ship has not been successful. They con-
   Henry R. Colen
                                       was met by a mixture of reactions. Reac-     tinue to patronize the Society, hoping that
Utah Section
   Michael K. McCarter                 tions that ranged from agreement and sup-    we just “go away.” Well, we are here and
   Thomas G. White                     port for his candidate, to opposition and    we will continue to be here. We are com-
                                       negative comments. In some cases he was      mitted to saying the tough words that need
SECTION CHAIRS:                        greeted by apathy, “No I don’t want to get   to be spoken at tough times. Some call
  Arizona: Ben K. Sternberg            involved.” Regardless of positive or         this brutal honesty. I call it, “just being
  Colorado: D. Scott Barr              negative reaction, decisiveness reflected    honest.” Brutal is an adjective that the
  Nevada: Gene E. McClelland           involvement and responsibility as opposed
  San Francisco: Alan K. Burton        to “don’t bother me.” Making a decision,      Inside This Issue:                   Page
  Utah: Thomas G. White                                                              Membership Applications               2
                                       i.e. choice, means taking a risk and pro-
                                       viding leadership. We risk being wrong        NWMA Annual Meeting                   3
President’s Message:                   and looking foolish. We also risk making      Why be an MMSA Member?                3

 F     all has arrived and the final
       quarter of 2002 is in full
swing. With the fall comes elec-
                                       a difference and effecting change for
                                       good. Apathy to me is very closely con-
                                       nected to being all about “looking good”
                                                                                     2003 MMSA Annual Meeting
                                                                                     Membership Changes
                                                                                     US MinVal Code and Guidelines
tions and, as this column is writ-     and making sure the image is never tar-       Education White Paper                 4
ten, the future complexion of the      nished. Apathy is about not taking risks,     Contacts in Washington                4
US Congress is unknown. Con-           not accepting accountability and responsi-    PERC                                  5
gressional races are neck and          bility and never being wrong. I’ve never      Government Affairs                    5
neck, as are state legislature and     seen an apathetic leader.                     Sections                              6
MMSA Quarterly Newsletter                                                                         November 2002
defender assigns because he doesn’t like    MMSA. Over the next few weeks Paul           federal government qualified as a strong
or can’t handle hearing the words. We       and I will meet to discuss the develop-      champion? I continue to believe that
will continue to work with those groups     ment of a face – to - face meeting for       we need to be proactive as opposed to
that are committed to leading by exam-      the work group to finalize the recom-        doing nothing because it isn’t broken.
ple and delivering the message of our       mendations and action plans. The re-         Looks like a duck, walks like a duck,
industry’s needs to those in positions of   port will be forwarded to the Executive      quacks like a duck—got to be a duck!
responsibility.                             Committee for discussion and approval.
          The Government Affairs Com-                I firmly believe that MMSA           Drill Cuttings:
mittee is striving toward new goals in      can make a difference if members get         • I met with Tom White, Kim
2002 and 2003. Our efforts continue to      involved and take a risk. However, this          McCarter, and Bob Schafer in Salt
be recognized and lauded by members         is an enormous task and will require             Lake City to discuss section issues
of the industry via email and personal      members to volunteer and work long               and membership growth opportuni-
communications. Recently, a friend of       hours. There is no free lunch and noth-          ties. These 3 members are commit-
many years who had been absent too          ing will be accomplished without pas-            ted to success and growth of
long, phoned me to say that he had been     sion and effort. Change will require             MMSA. Thanks for your efforts
reading about MMSA and efforts made         new thinking, sacrifice of egos and              and ideas!
by MMSA. “It appears that you are one       agendas, “willingness to suspend disbe-      • The efforts to organize the Reno
of the few groups doing anything            lief, courageous decisions, and strong           section are continuing and Mary
worthwhile and making an effort to          champions.”                                      Korpi and Gene McClelland are
effect change.” In the upcoming year                 DOE organized a similar effort          working on the first organizing
we will continue to respond to opportu-     at the SME meeting in Phoenix and the            dinner meeting. Keep the goal in
nities that arise as part of the MMSA/      result was a lot of nothing with little to       sight! There are lots of potential
NWMA partnership, with or without           no follow through. The failure of the            members in the Reno vicinity and a
NMA.                                        work group in my opinion is lack of              lot of good issues that MMSA can
          We are continuing our partner-    vision and all of the above requirements         work on and contribute to as a local
ship with PERC and looking for ways to      that are missing. First and foremost is          section.
expand that relationship. Terry Ander-      the lack of sacrifice of egos and per-       • Trent Tempel, a friend and GM of
son, Executive Director and one of the      sonal agendas. But who said that the
original founders of PERC, will be our
featured keynote speaker at the Annual      Membership Applications:
Meeting in Cincinnati in February.          The following individuals have submitted membership applications and have either
Terry and members of PERC continue          received approval of the Admissions Committee or are awaiting receipt of
to have a good and valued voice in the
current administration in Washington.       endorsements from their sponsors:
Terry has appeared on the MacNeil-                  L. Pat Gochnour, Gochnour and Assoc., Parker, CO
Lehrer Report and as always will de-
                                                    Sponsors are Bill Calhoun, Marc LeVier and Ta Li
liver a dynamic talk.
          The Education Committee                  Paul A. Korpi, Mining Consultant, Lansing, MI
headed by Paul Chamberlin has com-                 Sponsors are Ed Dowling, Mary Korpi and Marc LeVier
pleted an initial phase of discovery
                                                   Thomas C. Logan, Newmont Mining Corp., Englewood, CO
work and drafted a report/position paper
for comment. Paul has stirred the pot!             Sponsors are Bob Coleman, Barb Filas and Terry McNulty
The emails over the several days that              Baltazar Solano-Rico, Behre Dolbear de Mexico, Guadalajara, Mexico
followed were intense in thought and
statements. Before the pot can brew                Sponsors are, Mark Anderson, Qingping Deng and Barney Guarnera
much further and be effective, the mem-            Edward H. Wipf, Polysius Corp., Roswell, GA
bers of MMSA must come to agreement                Sponsors are Doug Austin, Martin Kuhn and Marc LeVier
on a vision and a path forward. Even
though this was a draft, recommenda-
tions for creation of several (2) centers   If any member of MMSA has good cause to believe that any of the above applicants
of excellence in mineral education were     should not be granted full membership in the Society, you are requested to make
made. Is this the right number? I have
no idea but going from 23 to 8 over the     known your objections, in writing, to Barbara A. Filas, Secretary, within 21 days
past 5 years shows a clear trend. Again,    from issue of this Newsletter. In the absence of any objections, the candidate
this report is a draft and there are many
                                            members and tentative candidates whose endorsement forms are in order will be
issues to resolve before final recom-
mendations and actions are taken by         admitted to full membership, as provided by the bylaws.
MMSA Quarterly Newsletter                                                                           November 2002
    Newmont’s Carlin Operations re-         publication of white papers.                   Dr. Anderson is
    lated that at a presentation to the               Clearly, the influence of            a very busy man these days. We were
    chemical engineering students at        MMSA has declined over the years,              lucky to get him and his talk is guaran-
    Michigan Tech, one student was          probably more or less in direct propor-        teed to be topical, dynamic and infor-
    heard to comment, “No wonder            tion to the decline in the industry’s per-     mative. Please put the date on your
    there are no trees in Nevada, the       centage contribution to the GNP. How-          calendar and attend if you possibly can.
    cyanide killed them all.” Trent was     ever, this does not mean that the Society
    amazed at the perception of stu-        no longer has a role to play. In fact, we
    dents this age. I guess the internet    would argue the opposite. Given the            US Minval Code and Guidelines
    isn’t quite good enough as a means
    of communication and education.
    This exists in our society and we
                                            wide array of uninformed people who
                                            influence political decisions, these days,
                                            we believe that MMSA is even more
                                                                                           M       MSA, in conjunction with the
                                                                                                   International Mining Profession-
                                                                                           als Society (IMPS), established a com-
    have a responsibility to our indus-     relevant and necessary, to help support        mittee chaired by Barney Guanera and
    try to improve our means of com-        this very basic and essential industry.        Neil Prenn in late 2001 to develop a
    munication to and education of the                MMSA can only remain effec-          code and guidelines that will provide
    general public.                         tive as long as it is able to attract indus-   comprehensive standards for the carry-
•   Congratulations to members Jim          try professionals with the passion and         ing out and reporting of any technical
    Brierley and John Sturgul. They         will to protect the industry which feeds       assessment or valuation of mineral as-
    were recently inducted, respec-         them. Help yourself by nominating              sets. This document, The US Minval
    tively, into the Academy of Science     qualified new members with the will to         Code and Guidelines, is modeled after a
    and Engineering; and, the Academy       make a difference.                             similar document developed in Austra-
    of Geological Engineering and                                                          lia, and corresponds to documents cur-
    Mining.                                                                                rently being drafted in Canada and
                                            MMSA 2003 Annual Meeting:                      South Africa. It is hoped that the final

NWMA Annual Meeting:                        M      MSA will hold its annual meet-
                                                   ing, as usual, in conjunction with
                                                                                           documents approved by each of the
                                                                                           respective governing bodies will be

T   he Northwest Mining Association
    will hold its 108th. Annual Meet-
ing and Exposition in Spokane WA,
                                            SME. The 2003 meeting will be held
                                            on February 25, 2003 in Cincinnati.
                                            The featured speaker at the luncheon
                                                                                           generally compatible, although differ-
                                                                                           ences will be recognized due to varia-
                                                                                           tions in local law and custom.
December 2-6, 2002. Complete details        following the meeting will be Terry                      The Committee is now proof-
are available on their website at           Anderson, Executive Director of PERC.          ing the fourth draft of the overall docu-                                                                               ment. It is organized into three parts.
                                           Membership Changes:                             The first part consists of the Code,
                                          The following changes in membership have         which is the general rules that are man-
Why Be An MMSA Member?                    taken place, since the August 2002               datory in the valuation of mineral prop-

A      nybody who has served on the Newsletter.
       Membership Committee is well
aware of the question “Why should I Additions:             Timothy D. Arnold
                                                                                           erties. The second part is Definitions,
                                                                                           which explains in common language the
                                                                                           meaning of technical terms and profes-
join MMSA, what is in it for me?” The                      Ruth A. Carraher                sional “jargon” used throughout the
trite answer is, if you have to ask maybe                  William R. Gee                  Code. The final part is Guidelines,
you should not be a member. More                           Kevin Hegerle                   which elaborates on the standards de-
seriously, though, MMSA is perhaps the                     Jonathan G. Price               fined in the Code and provides recom-
only active mining industry society,                       A. Dan Rovig                    mendations in mineral property valua-
which is a membership of private indi-                                                     tion practice and reporting.
viduals with no agenda other than what Deletions:                                                    Mineral property valuations
those individual members deem to be in                                                     are carried out for a number of reasons,
the best interests of the industry at Appropriate additions, deletions and rou-            such as mergers and acquisitions, non-
large. In the years since its formation, tine changes to the Society’s data base and       arm’s length transactions, support for
in 1908, MMSA has acted in a watch member biographies are accessible                       audited financial statements, support for
dog capacity overseeing the industry’s through the member only page in our web             property agreements, litigation, expro-
interests without a specific political, site, at This data base is            priation compensation, insurance
corporate, or technological spin. We updated continuously, as information is               claims, components of corporate valua-
have influenced legislation, federal and made available and is the best source if          tions, and fairness opinions, among
state management practices and helped you want information on any particular               others.
shape public opinion through direct member. Changes your own personal data                           The basic underlying tenets
action, as well as indirectly through the entry may also be made on the Member             that must be followed in the valuation
                                          Only page.                                       process and preparation of reports are:
MMSA Quarterly Newsletter                                                                          November 2002
•   Materiality: all components that          the leadership, experience and expertise    Should MMSA just be quiet about the
    are relevant to derivation of value       that characterizes our membership –         subject?
    must be considered, such that by          qualities necessary to carry out a diffi-             If there are problems, what
    their inclusion or omission, a            cult task     The Committee is to be        approaches to solving them should
    change in the conclusions reached         thanked for their efforts.                  MMSA take? Should we simply gather
    by the reader of such a report might                A closing thought of relevance    information, distribute it, and then let
    result.                                   to our membership is, given MMSA’s          others take proactive action? Should
•   Transparency: all factual informa-        enforceable guidelines on ethics, quali-    we work behind the scenes, encourag-
    tion, assumptions, and methodolo-         fied members should find themselves         ing others to take action? Or should we
    gies used in preparation of a report      well placed to undertake valuation as-      simply voice our opinions once and
    must be described or explained            signments, if they are so inclined.         then be quiet?
    clearly in the report.                                                                          It will be at least 2-3 months
•   Independence: there is no relevant                                                    before a revised draft of the education
    financial or beneficial interest to be    Education White Paper:                      white paper will be available for com-
    gained by the expert carrying the
    valuation and preparing the report,
    other than normal compensation for
                                              A      draft of a paper justifying and
                                                    suggesting changes to the mineral
                                              school system in the USA has received
                                                                                          ment. In the meantime it looks like a
                                                                                          lot of hard thinking, researching and
                                                                                          compromising needs to be done.
    services rendered.                        critical commentary. The paper and                    If you wish to comment on the
•   Competence: the expert must pos-          some of the comments about it can be        paper, please sign up for the listserve.
    sess the relevant qualifications and      found at under the             All members of the listserve will auto-
    experience to carry out the valua-        ‘members’ section.                          matically receive all comments that are
    tion required.                                      The draft paper took a drastic    submitted. You can sign up for the
•   Reasonableness: a judgment deter-         approach and recommended that only          listserve by sending an email to major-
    mination carried out by the expert,       two mineral schools are necessary in the and putting only the
    in which all material factors are         USA. Two schools would be able to           words ‘subscribe mmsa’ (without the
    considered when developing a              support a broadly diversified faculty       quotes) in the text. You will then re-
    range of values determined by an          and would have a freshman through           ceive a response welcoming you to the
    expert in the assessment of fair          senior student enrollment of about 600      mailing list (listserve). To send a com-
    value.                                    in mining engineering and 100 in ex-        ment about the education paper, address
                                              tractive metallurgy.      Currently, this   your email to
          Although an expert in mineral       number of students are scattered
property valuation is free to choose          through 17 mineral schools. Many of
among a variety of methods and ap-            the present schools will slowly wither      Contacts in Washington:
proaches, certain of these appear to be
generally accepted as standard practice.
Others are not so well-accepted, or have
                                              away and die over the next decade.
                                              Neither the students nor the faculty will
                                              be well served during these trying
                                                                                          A     s part of the continuing coopera-
                                                                                                tion between NWMA and MMSA,
                                                                                          MMSA underwrote a recent trip to
been discredited. The Code and Guide-         times. And, if students aren’t well         Washington DC by NWMA Executive
lines provides an architecture for mak-       served or educated, the mineral busi-       Director, and MMSA member, Laura
ing decisions in recognizing value in a       nesses they are preparing for will not be   Skaer. The trip was initiated by an invi-
mineral property to protect sharehold-        well served either.                         tation from new BLM Director Kath-
ers, property owners, and others. These                 The critical commentary that      leen Clarke to meet and discuss issues
tenets form the basis of that structure.      has been received suggests that the pa-     important to MMSA and NWMA mem-
          It is anticipated that the Minval   per should take a different tack. To-       bers.
document will be a “living” document,         ward that end, a meeting is being                     While in DC, Laura met with
in that it will be subject to regular re-     planned for the near future and a limited   Director Clarke and her chief of staff,
view and revision as methods and cir-         number of the commentators will be          Con Lass; Christine Drager, counsel to
cumstances dictate. It is anticipated that    invited to hash out the issues.             the Senate Energy and Natural Re-
the charge of the Minval Committee                      The objective(s) of the meeting   sources Committee; Mark Rey, Under
will be completed in the next several         will be to identify problems facing min-    Secretary of Agriculture for Natural
months and that this valuable set of          eral education in the USA. Most of the      Resources and the Environment; Amy
criteria will be adopted for governance       problems we hear about are voiced by        Flachbart, George Nethercutt’s chief of
within the mining profession and that         academics and virtually no one from the     staff; Jack Gerard, President and CEO
global acceptance of the Codes now in         community of mineral businesses is          of National Mining Association and
development will follow.                      voicing any concerns. Are there prob-       several members of his staff; Depart-
          When complete, MMSA will            lems? Do they affect only academics?        ment of Interior Solicitor William
have produced a document that required        Is business going to be affected at all?    Myers and two members of his staff;

MMSA Quarterly Newsletter                                                                          November 2002
and John Rishel, House Resources            and opinions are both listened to and        Halls of Congress and within the Ad-
Committee staff. She also met with          respected around the country and in          ministration. While Congress has been
Steve Hellem, executive director of the     Washington.      MMSA believes that          busy with issues such as fire suppres-
Global Environmental Management             lending our support to PERC can do           sion in the national forest, some activity
Initiative and Lee Coogan, executive        much more than we could ever do our-         has surfaced to limit the administration
director of the Sorptive Minerals Insti-    selves to encourage rational legislation     in funding certain areas in opposition to
tute.                                       affecting our much maligned, but essen-      actions taken late in the Clinton Ad-
          At each meeting Laura ex-         tial industry.                               ministration. Other actions oppose ad-
plained the makeup and purposes of                    MMSA member Debra                  ministrative actions outright by legisla-
both organizations, described the work-     Struhsacker recently spoke with Dr.          tion.
ing relationship we have through the        Terry Anderson, Executive Director of                  In late summer a “proposal”
MMSA/NWMA Mining Law Working                PERC. Ms. Struhsacker and Dr. Ander-         was floated through the mining industry
Group, and offered our services in sup-     son di scussed wa ys in which                for a compromise with WV Congress-
port of issues important to the mining      MMSA could serve as a technical re-          man Nick Jo Rahall. The proposal, as
industry.                                   source to PERC. During this conversa-        written, would have ceded to Rahall
          Issues reviewed included Min-     tion, Ms. Struhsacker emphasized             basically what many in the industry
ing Law revisions, bonding, Congress-       that MMSA members have a wealth of           have fought since former Secretary of
man Rahall’s Sacred Sites bill, mineral     expertise with mining, other types of        Interior Babbitt proposed major revi-
development on federal public lands,        natural resource development, and pub-       sions to BLM 3809 Regulations in
access to federal public lands, 3809, and   lic land management that could be ap-        January 1997. The proposal received
millsites. It was encouraging to hear       plicable to PERC research projects deal-     severe criticism from the majority of
Director Clarke emphasize multiple-use      ing with these issues.           She ex-     industry as “too high a price to pay” for
and environmentally responsible natural     plained that MMSA's membership ros-          mining law reform.
resource production from federal public     ter includes leaders in the fields of min-             The Department of Interior
lands.                                      ing and metallurgy, as well as recog-        continues to quietly work on proposals
          In the meetings with NMA and      nized authorities in other sciences re-      to modify the badly impacted financial
the Sorptive Minerals Institute, Laura      lated to mining, environmental issues,       surety situation facing both the coal and
discussed        ways       in     which    business, economics, and law. Infact,        hardrock industry. Since recent finan-
MMSA/NWMA and those organiza-               many MMSA members have extensive             cial reversals to the insurance industry
tions can work together to address com-     experience in dealing with state and         and uncertainty on governmental re-
mon issues.                                 federal environmental and land use poli-     quirements on mining reclamation com-
          Laura’s invitation to meet one-   cies, and we are eager to offer this         panies have found it almost impossible
on-one with the new Director of the         hand-on expertise to PERC on projects        to arrange financial surety for mining
BLM was a wonderful opportunity to          where this type of input might be use-       projects. Hopefully a constructive pro-
draw our respective organizations to her    ful. MMSA and PERC will continue to          posal will surface in the near future
attention and to push our causes.           explore ways in which PERC might             which will provide adequate financial
MMSA is most gratified that Laura was       capitalize upon MMSA’s expertise.            coverage for industry at affordable cost.
able to meet not only with Director                                                                Recently, the Director of the
Clarke, but also with all the other                                                      Bureau of Land Management instructed
Washington based contacts on her call-      Government Affairs;                          staff in the State and District offices not
ing list. Thank you, Laura, for making
these valuable contacts in Washington
and we agree that this was a most sub-
                                            M     id-term elections are upon us, so
                                                  guess what, little is being
                                            achieved on the Hill. Committee Chair-
                                                                                         to use “worst case” contingencies on
                                                                                         financial surety calculations on mining
                                                                                         and timber projects.
stantive and fruitful trip.                 man Paul Jones reports:                                A federal appeals court Octo-
                                            • Action in Congress and in the Ad-          ber 18 defended against all charges the
                                                ministration moves slowly on Is-         designation of seven national monu-
PERC:                                           sues Related to Mining.                  ments by President Clinton in his last

I  n recent years we have been funnel-
   ing more support to PERC, The Cen-
ter for Free Market Environmentalism,
                                            • Appeals court upholds Clinton
                                                monuments on all counts.
                                                                                         days in office.
                                                                                                   In two separate opinions a
                                                                                         three-judge panel rejected allegations
                                            • BLM says Glamis claims are valid;
a conservative and pragmatic group of                                                    by several appellants that Clinton desig-
                                                EIS validity next test
economists wedded to the belief that                                                     nated more land than authorized by the
cost/benefit analysis does matter. They                                                  Antiquities Act of 1906.
                                            For more details on Paul’s comments,
do not always say what we want to hear,                                                            In one case involving the des-
                                            read on;
but they are objective and more impor-                                                   ignation of six monuments the court
                                                     During the past few months
tantly they are untainted by the aura of                                                 said that lead appellant Mountain States
                                            mining issues have moved slowly in the
any vested interest. Their comments                                                      Legal Foundation had not provided
MMSA Quarterly Newsletter                                                                              November 2002
facts to make its case. “To warrant fur-     Interior Department officials just before        •    November 1 meeting expects Jim
ther review of the President’s actions,      the BLM decision was made. Adding                    Sims, Executive Director of the
Mountain States would have to allege         fuel to the fire Boxer last month added a            Western Business Roundtable as
facts to support the claim that the Presi-   rider to a fiscal year 2003 Interior ap-             the speaker on the topic of
dent acted beyond his authority under        propriations bill (HR 5093) that would               "Building Broad Based Coalitions
the Antiquities Act,” said the court.        block the Glamis mine.                               in the West to Push Back on East-
“Having failed to do this, Mountain                     Boxer noted that the Senate               ern Environmental Extremists"
States presents the court with no occa-      had approved her rider “unanimously,”
sion to decide the ultimate question of      and said, “Given such strong resistance          •    December 6 meeting expects to
the availability or scope of review for      to the mine and the pending efforts to               hear presentations from 3 or more
exceeding statutory authority.”              stop it, it is unclear how or why it                 educational groups supported by
          In a second case involving the     would be in the public interest for Inte-            the Denver Chapter on their 2003
designation of a Giant Sequoia National      rior to release the validity report when it          programs with a decision on dona-
Monument in Sequoia National Forest          did.”                                                tions for each by the chapter. Up to
the court said lead appellant Tulare                    The Boxer rider would forbid              $6000 from national MMSA and
County also failed to provide facts.         Interior from spending any money to                  local resources is expected to be
“This is particularly so as its claim that   move a permit in fiscal 2003, and per-               distributed. Rex Bull, retired pro-
the Proclamation covered too much land       haps beyond. However, HR 5093 is                     fessor from CSM will also speak on
is dependent on the proposition that         hung up on the Senate floor in a dispute             items of historical and hysterical
parts of the Monument lack scientific or     over national fire policy and may not be             interest.
historical value, an issue on which Tu-      completed until December, at the earli-
lare County made no factual allega-          est. That may give Interior a window of          •    January 10, 2003 meeting is fo-
tions,” said the court.      [Extracted      opportunity to approve the mine before               cused on the start of the Colorado
from Public Land News – 10/25/02]            the Boxer amendment is enacted into                  legislature with an update from
          Racing to beat a Senate rider,     law.                                                 Diana Worth of the Colorado Min-
BLM announced September 27 that it                      Glamis argues that it has taken           ing Association followed by a pres-
has taken a major step toward approv-        into consideration the impact of a mine              entation on the state of mining edu-
ing a controversial Glamis Imperial          on Quechan cultural resources that ex-               cation by Dr. Mike Karmis of Vir-
Project gold mine in the California De-      tend hundreds of square miles. “There is             ginia Tech and current President of
sert.                                        no claim that tribal members ever lived              SME.
          BLM California State Director      at the project site, nor is it a burial site,”
Mike Pool said BLM had determined            said the company. “Glamis has modi-              •    February 2003's meeting will focus
that the mining claims held by Glamis        fied its mining plan and otherwise at-               on the state of Colorado Uranium
Imperial Corp. are valid. That opens the     tempted to accommodate the Quechan                   operations followed in April by Jeff
way for BLM to approve a permit for          concerns with mitigation, but has been               Leonard of Metso disussions on
the mine, effectively reversing a last-      told that no level of disturbance at the             mining suppliers and the impact of
second decision of the Clinton admini-       site is acceptable.” The House version               the current business climate and e-
stration of Jan. 17, 2001. It denied the     of HR 5093 does not include the Glamis               business on their strategy.
permit on the grounds that the mine          rider, so the big test will come when HR
would cause “undue impairment” to            5093 goes to a House-Senate confer-              For more details on times and venue,
Quechan Indian Tribe lands. Now              ence. [Extracted from PLN 10/11/02]              check with Scott.
BLM must determine whether an EIS it
completed on the project in November
2000 justifies approving the permit.         Sections:                                        A     rizona Section Chairman, Ben
                                                                                                    Sternberg, reports a luncheon
Pool said BLM would need three
months to evaluate the EIS. During that
time BLM would consult with the
                                             C     olorado Section Chairman Scott
                                                   Barr reports on the first five meet-
                                             ing in the 2002-03 year:
                                                                                              meeting, in Tucson, on November 5.
                                                                                              The speaker was Phelps Dodge’s Vicki
                                                                                              Seppala and her topic was “Creative
Quechan Tribe. Glamis is encouraging         • October 11 meeting, Rick Stroup,               Strategies in Today’s Tough Economic
BLM to accept the old EIS and not                 co founder of PERC (Poltical                climate”. For more details of the Ari-
prepare a new one, Chuck Jeannes, sen-            Economy Research Center) and                zona Section’s meeting plans contact
ior vice president and general counsel            Professor of Economics at Montana           Ben at U of A.
for Glamis, told us last month.                   State was the speaker on PERC
          Sen. Barbara Boxer (D-Calif.)           programs. This was, by all ac-
objected strongly to the BLM decision.            counts, a well attended and well
On October 4 she asked Interior Depart-           received presentation.
ment Inspector General Earl Devaney to
investigate meetings Glamis held with

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