The final comment period for this action closed on Oct. 28, 2024. Over 1900 comments were submitted to the U.S. Forest Service. Updates can be found HERE.
PROPOSED PACTOLA RESERVOIR/RAPID CREEK WATERSHED WITHDRAWAL
FREQUENTLY ASKED QUESTIONS – Updated Sept. 22, 2024
Q: What is a “Mineral Withdrawal”?
A: A “withdrawal” is an action by the US Secretary of the Interior that limits mining activity in a specific area of public lands in order to maintain other public values, or for reserving the area for a particular public purpose. These values and purposes may include protecting scientific, scenic, historical, ecological, environmental, air, water, or archeological resources, or for other special purposes.
In this case, the US Forest Service and Bureau of Land Management (BLM) are proposing to withdraw an area around Pactola Reservoir and upper Rapid Creek, totaling 20,574 acres. This is about 10% of the upper Rapid Creek drainage. If the proposal is finalized by the Secretary of the Interior, the withdrawal will prevent new mining claims and exploration, and will limit mine development in that area.
Q: Why is a withdrawal desirable?
A: Mining on National Forest-controlled lands throughout the West is primarily governed by the 1872 Mining Law. This outdated law allows people – including foreign-owned corporations – to mine federal public lands without paying rents or royalties, and to shut the public out of these lands. Through this law, private corporations profit while often polluting water and permanently scarring the land.
One way to ensure that this doesn’t happen in the Pactola Reservoir area is to withdraw these lands from operation of the 1872 Mining Law – called a mineral withdrawal.
Q: What effect does a withdrawal have on other uses like recreation?
A: A mineral withdrawal removes a specific area from only one use – mining. A mineral withdrawal does not affect any other uses of the land. In fact, closing an area to mining benefits all other uses of that area, because mining cannot be the dominant use.
Q: What is the mineral withdrawal process?
A: The US Forest Service and BLM proposed a 20-year, renewable mineral withdrawal in early 2023. This is a proposal at this time – not a final decision. The proposal started a two-year pause in new mining activities, called a “segregation period.” No new mining claims may be staked and mining activity may be approved only on pre-existing and already proven mining claims while the segregation is in effect.
The Forest Service and BLM then analyzed the environmental effects of withdrawing the lands. In September 2024, the agencies published a draft Environmental Assessment (EA) presenting their information for public review and comment, as well as a Finding of No Significant Impact (FONSI). Once the final EA is completed, it will provide the basis for the Secretary of the Interior’s final decision about whether to withdraw the lands from mining.
Q: What impact does the withdrawal proposal have on current mineral exploration in the Rapid Creek/Pactola Reservoir area?
A: The withdrawal proposal halts new mine development on federally-controlled National Forest lands on the 20,574 acres covered by the withdrawal proposal unless an existing mining claimant can demonstrate a pre-existing discovery of valuable minerals on their claim. It does not stop mineral exploration and development on privately-controlled lands.
The Jenny Gulch exploration drilling project proposed by F3 Gold has been put on hold and would likely be stopped for 20 years by a final decision in favor of a mineral withdrawal. Exploration and drilling in other areas of the Rapid Creek watershed would not be impacted by the Pactola Reservoir/Rapid Creek segregation period or mineral withdrawal, such as on other F3 Gold claims or on the Badlands Resources/Mineral Mountain Resources project around Rochford.
Q: What impact does the withdrawal proposal have on Lakota treaty rights?
A: The proposal does not impact or change Lakota treaty rights. If it is approved, it helps preserve the land, cultural resources, and water that could be destroyed by exploration or mining projects in the impacted area for 20 years.
Q: Will there be an opportunity for members of the public to give their opinion on the withdrawal?
A: Yes. The public can write comments to the Forest Service and BLM by posting them at https://www.fs.usda.gov/project/?project=63876 or by mailing or hand delivering them to Shawn Cochran, BH National Forest, 1019 N. 5th St., Custer, SD 57730 by October 21, 2024. Filing comments by October 21 is very important. Comments cannot be filed by email or phone call.
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