The Forest Service battles placer mining with an obscure law

  • The North Fork Clearwater River, Idaho, where the Forest Service is fighting mining under a law that allows it to prioritize other uses.

    Linda Lantzy/Idahoscenics.com
 

On a clear day last October in northern Idaho, Forest Service geologist Clint Hughes panned for gold on the North Fork Clearwater River. The area attracted gold prospectors in the 1860s, but these days, the river, which flows through a wild stretch of country near the Montana border, is popular with campers and anglers.

Hughes scooped up a bit of placer -- mineral-bearing gravel and sand -- from behind a boulder. With a swish of the pan, he washed away the mud and lighter sand, leaving only a few garnets.

The absence of gold flakes didn't surprise him, though. The day's panning confirmed that little gold is to be found on more than a dozen placer mining claims staked along a 30-mile stretch of the North Fork. These claims grant holders exclusive rights to any valuable minerals. But the Forest Service is now arguing that mining the claims isn't worth the impacts to the river.

The Forest Service's ability to deny mining proposals is severely limited by the 1872 General Mining Law, a frontier remnant that prioritizes mining above all other land uses. But another, little-known law gives it a straightforward way to prevent mining in at least a few locations. The Mining Claims Rights Restoration Act of 1955 lets the federal government challenge placer mining in locations that it once reserved as potential hydropower sites. And on the North Fork, the law is giving the Forest Service the upper hand. "We wouldn't be doing any of this (contesting placer mining) if it were under the regular old 1872 mining law," says Hughes.

The Department of Interior began reserving certain river-valley public lands for hydropower development in 1909, as dam building in the West was revving up. In these "power site withdrawals," mining was restricted. But in 1955, as dam-site exploration slowed, the Mining Claims Rights Restoration Act eased the restrictions, with a caveat: The Forest Service and Bureau of Land Management could reject placer mining if it would "substantially interfere with other uses" like recreation.

Although the law applies to more than 7 million acres of public land -- roughly three times the size of Yellowstone -- it hasn't come up often because placer mining techniques like panning are generally low-impact, and because relatively few claims fall in these sites. In California, with its abundant rivers once rich in gold, roughly 4 percent of mining claims are subject to the 1955 law; in dry Nevada, where big hardrock mining dominates, the law is practically unknown.

But in recent years, placer mining has become more popular, spurred by gold prices as high as $1,900 per ounce, and more controversial. To squeeze gold from streams, miners have turned to suction dredging, which uses motors to suck up riverbed sediments and wash out the gold, discharging the muddy water back into the stream. Miners say the practice does little harm, but studies suggest that it damages fish-spawning habitat. California banned suction dredging in 2009; Idaho restricts it on certain rivers.

The Forest Service and BLM can regulate placer mining by applying environmental laws piecemeal to protect habitat, water and cultural artifacts. But both agencies generally view the 1872 law as constraining their ability to restrict mining on public lands.

In the handful of cases involving potential hydropower sites, however, the agencies have argued under the 1955 law that timber harvest, fish habitat, even aesthetic value, outweigh mining -- and in most cases, they've won. In 2002, the Forest Service was able to prohibit all placer mining on a section of the Yellowstone River because the activity would interfere with rafting.

On the North Fork Clearwater, the scuffle started last June, when a few miners subdivided larger 160-acre claims and sold the parcels on eBay and other auction websites. River recreationists complained to the Forest Service when miners nailed signs to trees to stake out the subdivided claims, most of which were 10 or 20 acres. The agency called for a hearing, which was held in January before the Department of Interior Office of Hearings and Appeals, and argued that the miners would push out campers and anglers and harm critical habitat for bull trout, a threatened species. Larger-scale placer mining could destroy Native American artifacts in the riverbanks, the agency stated, and would hamper efforts to designate the North Fork as a Wild and Scenic River. Miners didn't defend 20 of the 36 claims; the ongoing legal sparring over the remaining 16 claims will end in the judge's decision sometime this summer.

Some would-be miners, like James Young, see the Forest Service's move as a federal land grab. He bought a claim on eBay with hopes of retiring to Idaho from Biloxi, Miss., and supplementing his income with suction dredging. At the OHA hearing in Idaho, he argued that Hughes underestimated the value of the gold and complained that the miners would receive no compensation if the Forest Service wins. Others have applauded the agency for taking a stand. Gary Macfarlane, ecosystem defense director with Friends of the Clearwater, says, "This is an example where I think the Forest Service is really looking out for the public interest."

High Country News Classifieds
  • INDIGENOUS AFFAIRS EDITOR - HIGH COUNTRY NEWS
    High Country News is hiring an Indigenous Affairs Editor to help guide the magazine's journalism and produce stories that are important to Indigenous communities and...
  • STAFF ATTORNEY
    Staff Attorney The role of the Staff Attorney is to bring litigation on behalf of Western Watersheds Project, and at times our allies, in the...
  • ASSISTANT VICE PRESIDENT FOR DIVERSITY AND INCLUSION
    Northern Michigan University seeks an outstanding leader to serve as its next Assistant Vice President for Diversity and Inclusion. With new NMU President Dr. Brock...
  • EXECUTIVE DIRECTOR
    The Clark Fork Coalition seeks an exceptional leader to serve as its Executive Director. This position provides strategic vision and operational management while leading a...
  • GOOD NEIGHBOR AGREEMENT MANAGER
    Help uphold a groundbreaking legal agreement between a powerful mining corporation and the local communities impacted by the platinum and palladium mine in their backyard....
  • EXECUTIVE DIRECTOR
    The Feather River Land Trust (FRLT) is seeking a strategic and dynamic leader to advance our mission to "conserve the lands and waters of the...
  • COLORADO DIRECTOR
    COLORADO DIRECTOR Western Watersheds Project seeks a Colorado Director to continue and expand WWP's campaign to protect and restore public lands and wildlife in Colorado,...
  • DIGITAL MEDIA SPECIALIST, THE NATURE CONSERVANCY: WYOMING, MONTANA AND UTAH
    Digital Media Specialist - WY, MT, UT OFFICE LOCATION Remote and hybrid options available. Preferred locations are MT, WY or UT, but applicants from anywhere...
  • GRANT WRITER (PART-TIME, FREELANCE CONTRACT) HIGH COUNTRY NEWS
    High Country News seeks an energetic, articulate and highly organized grant writer to support a growing foundations program. This position works closely with our Executive...
  • EXPERT COMPUTER & TECH HELP, PROVIDED REMOTELY
    From California, I provide expert tech help remotely to rural and urban clients. I charge only when I succeed. Available 7 days. Call for a...
  • ACCOUNTING AND OPERATIONS GENERALIST
    What We Can Achieve Together: The Accounting and Operations Generalist provides accounting and operations related services, including lease administration and compliance support, to the Arizona...
  • LANDSCAPE ECOLOGIST
    Landscape Ecologist, Arizona What We Can Achieve Together: The Landscape Ecologist provides technical and scientific support and leadership for conservation initiatives and strategies in landscape...
  • MULESHOE RANCH PRESERVE STEWARD
    What We Can Achieve Together: The Muleshoe Ranch Preserve Steward lives on site in housing provided by The Nature Conservancy and performs and coordinates construction...
  • ASSISTANT PROFESSOR OF HISTORY - INDIGENOUS HISTORIES OF THE NORTH AMERICAN WEST
    Whitman College seeks applicants for a tenure-track position in Indigenous Histories of the North American West, beginning August 2024, at the rank of Assistant Professor....
  • DAVE AND ME
    Dave and Me, by international racontuer and children's books author Rusty Austin, is a funny, profane and intense collection of short stories, essays, and poems...
  • CHIEF FINANCIAL OFFICER
    Rural Community Assistance Corporation is looking to hire a CFO. For more more information visit: https://www.rcac.org/careers/
  • EXECUTIVE DIRECTOR
    The Absaroka Beartooth Wilderness Foundation (ABWF) seeks a new Executive Director. Founded in 2008, the ABWF is a respected nonprofit whose mission is to support...
  • CANYONLANDS FIELD INSTITUTE
    Field seminars for adults in natural and human history of the northern Colorado Plateau, with lodge and base camp options. Small groups, guest experts.
  • COMING TO TUCSON?
    Popular vacation house, everything furnished. Two bedroom, one bath, large enclosed yards. Dog-friendly. Contact Lee at [email protected] or 520-791-9246.
  • ENVIRONMENTAL AND CONSTRUCTION GEOPHYSICS
    We characterize contaminated sites, identify buried drums, tanks, debris and also locate groundwater.