LD254 Emergency Bill

To Effect Immediate Moratorium on All Metallic Mining In Maine

Until The Present Statute Is Repealed:

Sponsor Ralph Chapman Brooksville, Maine

January 30, 2017

Dear Co-Chairs Tucker & Saviello & Members of Maines 128th Legislative Session  Joint Standing Committee on On Environment & Natural Resources.

Bowker Associates writes to endorse LD 254,which proposes an action JSCENR should have taken last year, and the year before.  We further urge that you revise your schedule to  immediately take up this  bill and send it as soon as possible  with your unanimous approval for legislative action without public hearing.  This is the will of the people.  This is the only path to effect the  supermajority bi partisan will of the legislature..that Maine have a legal framework for metallic mining that is "net plus to Maine" in terms of existing natural resource  based economic enterprise, protection of our natural resources  on the same  standards that apply to all other large scale public development, independent  expert affirmed likelihood of an immediate improvement on employing the unemployed and fostering local spin off economic opportunity and growth.  It makes no sense to even entertain metallic mining in Maine's off the charts high risk VMS deposits without a legal framework that upholds these values. Pl2011 C.653 does just the opposite.

It was through JSCENR's own gross legislative error that we are in the present situation of having a landowner written statute that provides none of these safeguards and standards  go into effect on June 1st without its legislatively approved implementing regulations.  JSCENR refused Representative Chapmans well informed  proposal in LD750  last session to correct that straight out mistake in drafting and instead elected to push ahead with approval of the same implementing rules the legislature had rejected the previous year. JSCENR did this with  manufactured facts presented in an orchestrated and tightly controlled parade of "witnesses". (For new members, we have every word on video which you can view to assess for your yourself the accuracy of our characterization of last years session on mining.  The Committee has them or you can contact independent videographer Eric A. Tuttle, cc'd above)

There is overwhelming supermajority public opposition to the present statute,including within Aroostook County and the same level and intensity of opposition to   implementation of these deeply flawed , frankly incompetent rules written by DEP and advanced by the BEP.  I believe Nick Bennett at NCM did some actual tabulations on those numbers and we refer all of you to his stats.

It should be clear to all after all this time that DEP,LUPC,JSCENR,JSCAGC and our entire network of "interested parties" do not have and  have made no meaningful attempt to secure on behalf of the people of Maine a competent multidisciplinary panel of mining experts to help us all lay the foundations of modern mining law from which we can , with their guidance and feedback, frame a law and regulation  that is workable for the mining industry, will invite and encourage the highest caliber of mine explorers and developers and the highest caliber of global mining investors who actually know mining and do some underwriting.  

 If the State can fund boondoggle trips to Michigan to visit mines that have nothing to do with our realities here in Maine, it can afford the very low cost of getting a list a basics from 10 or 12 of the world's leading mining experts.  Over the summer and initiated by Senator Saviello, Bowker Associates outlined the best composition of that panel and a means of coordinating and compiling their input for presentation to you, to the full legislature, to all stakeholders. This could be done  for under $100k including a skype interactive presentation .  DEP spent far far more than that on the North Jackson contract to draft the implementing rules for pl2011 c.653 and then just tore them up and went their own way.  North Jackson, while hardly recognized experts, did  a very competent job  and none of the DEP commenters, including then First Deputy Heather Parent offered any negative comment on them. (For New members NRCM has the full North Jackson work product; Bowker Associates has most of it.)

All of what this Committee has done, what DEP has done, what the BEP has done has taken a situation in which it was once possible for all to work in good faith to build a sound modern legal framework for mining and created a strong anti mining backlash.  That accrues mainly to this committee.

As someone with recognized technical competence in metallic mining and 4 decades of high level involvement in framing public law and  policy I think it is imperative not to simply settle for a repeal but to take this uniquely right moment in history to articulate sound workable law.

This rush for immediate accommodation of interests in mining will come again the next time there is a mining supercycle of  sustained long term price increases across all commodities globally. (2011 was the peak of the most recent supercycle when metals prices reached all time highs) We have  made bad law and bad decisions in response to a frenzied and urgent interest in mining three times in the past.  We have Callahan and Kerr America  to witness what that approach got us.  We have a remnant of that in the Mining on Public Lands statute which also needs repeal and restart. We have the worst mining statute ever written anywhere.

Metallic mining will come back to us sometime after 2020.  Now is the time to build a thoughtful well informed framework that can meet that frenzied urgent in a hurry rush we will surely see again with wise modern law and policy.  I think it very unwise  to just stop at repeal.

Bowker Associates has always been and continues to be available to answer any technical questions about mining and current directions in mining.

Thank you for your deep and through consideration of what we have put forward here.

Lindsay Newland Bowker, CPCU, ARM Environmental Risk Manager

Bowker Associates

Science & Research In The Public Interest

15 Cove Meadow Rd.

Stonington, Maine 04681

207 367 5145

lindsaynewlandbowker@gmail.com

Lindsaynewlandbowker.wordpress.com