Mineral Withdrawal

                                                 Updated May 31, 2012                                               
Public overwhelmingly supports protecting the Chetco from mining

During the almost four month long public comment period for the proposed temporary withdrawal-in-aid-of-legislation for the Scenic and Recreational sections of the Wild and Scenic Chetco River, the agency received over 11,800 comments in support of the withdrawal. There were only 6 comments opposing it.  The BLM estimated that approximately 75% of the comments were from Oregon. At the local hearing in Brookings, 90% of those who spoke supported protecting the Chetco River from mining through the mineral withdrawal.  

                                                 Updated March 18, 2012                                          

On August 1, 2011, the Bureau of Land Management published a notice in the Federal Register that segregates (a temporary withdrawal) approximately 17 miles (5,610 acres) of National Forest land within the existing boundaries of the National Wild and Scenic Chetco River from location and entry under the Mining Laws of the United States.

See Forest Service map of proposed withdrawal area and the Forest Service's Press Release explaining the withdrawal and announcing the time and place of the Wednesday, October 26th public meeting in Brookings.

The two year segregation period provides opportunity for the public to comment on the Forest Service's proposal to withdraw the 5,610 acres—the Wild and Scenic corridor of the river from Boulder Creek downstream to the Forest Boundary—for a period of five years. The purpose of the withdrawal is to provide congress with time to consider legislation (the Chetco River Protection Act) to provide greater protection for this world-class salmon and steelhead river.  The withdrawal applies only to National Forest lands and does not affect private land in the corridor.

The confluence of Boulder Creek with the Wild and Scenic Chetco River at the edge of the Kalmiopsis Wilderness (Ann Vileisis Photo).

The effects of a mineral withdrawal are often misunderstood or misrepresented.  Withdrawals from the Mining Law prevent the location of new mining claims and requires the holders of existing claims to demonstrate they have a right to mine under the Mining Laws. If they have a prior existing right, the withdrawal will not prevent mining. In other words, withdrawals will not affect a mining claim that is valid and complies with the laws of the United States.

The terms mineral "location" and "entry" and withdrawal "in aid of legislation" are defined in Mount Royal v. Kempthorne:

Mineral "location" is "the act or series of acts whereby the boundaries of [a] claim are marked."Cole v. Ralph, 252 U.S. 286, 296, 40 S.Ct. 321, 64 L.Ed. 567 (1920). "Mineral entry" refers to "[t]he right of entry on public land to mine valuable mineral deposits." Black's Law Dictionary (8th ed.2004).

A withdrawal "in aid of legislation" is one "for a specific use then under consideration by the Congress." 43 U.S.C. § 1714(d)(3).

Read about the Chetco River Protection Act.

Under the proposed Forest Service withdrawal and the Chetco River Protection Act, miners would have to demonstrate they have an 1872 Mining Law right before mining the river.  Pictured: Crystal clear pool on the Wild and Scenic Chetco River between Boulder and Mislatnah Creek (Ann Vileisis Photo).

Until there is meaningful reform of the 1872 Mining Law, mineral withdrawals provide the best avenue to provide greater protection for lands that are valuable for purposes other than mining. Without mineral withdrawal, it's Forest Service policy to "assume" there's a right to mine under the archaic Mining Law—even on a National Wild and Scenic River like the Chetco.

• Authority for the proposed withdrawal of the Chetco is found in the 1976 Federal Land Policy and Management Act.

• Read the Bureau of Land Management's explanation of the "valid existing rights determination." Scroll down to the bottom of the page.

• To read more about the 1872 Mining Law go to Southwest Oregon Mining Facts and Understanding the 1872 Mining Law and The 1872 Mining Law: The real land grab.

The Chetco River within the Kalmiopsis Wilderness was withdrawn from mineral entry in 1984. The proposed Forest Service withdrawal and the Chetco River Protection Act would provide the same level of deserved protection for the 17 miles of the Wild and Scenic River outside the Wilderness (Zach Collier, Northwest Rafting Company Photo)