FEDERAL SUBSIDY OF IRRIGATION DEVELOPMENT1

ABSTRACT: The Congress of the United States has been concerned about public lands from the earliest days of this republic. The importance of irrigation on these public lands was explicitly noted with enactment of the Carey Act of 1884. This was reinforced with the passage in 1902 of “An Act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands.” This Act further specified that land so irrigated would be entered under the provisions of the Homestead Laws and developed in units of not less than 40 nor more than 160 acres. The enforcement of the 160 acre limitation has been reinforced by several recent lawsuits. These have reaffirmed the provisions of the Reclamation Law requiring owners receiving water from Federal projects to sell land in excess of 160 acres. While there have been Federal subsidies involved in the development of irrigation in the western states, the total amount of the subsidies are insignificant compared to the total Federal budget and the size of subsidies under other Federal programs. Thus, the real question in enforcing the 160 acre limitation may well be one of land reform rather than the distribution of Federal subsidies.     

Perspectives on mineral policy in Ireland

Mining firms have a greater incentive to invest in a country with effective and efficient mineral policies, given favourable geological and commodity price conditions. This paper examines and appraises mineral policy in Ireland. The legislative, regulatory and fiscal frameworks for mining are examined. Inherent administrative issues surrounding these policies are also discussed. Despite the positive reviews of Irish mineral policy in the Fraser Institute Annual Survey of Mining Companies 2004/2005, this paper concludes that a number of policy improvements are needed to maximise the industry's potential. The paper suggests that a National Mineral Policy document be produced to provide greater clarity to potential investors through a transparent legislative framework and a balanced fiscal framework.     

Ghana: revival of the mineral sector

After almost two decades of decline, Ghana's mineral sector has rebounded significantly and is currently the main foreign exchange earner. Gold mining is the principal activity within the sector and accounted for 41 percent of total export earnings in 1996. This paper presents an overview of Ghana's mineral industry and covers mineral resources, production and reserves; mining investments; the role of mining in the economy; and the structure of the industry. An overview of the national mineral policy is also presented to depict the current regulatory and fiscal environment in which the industry operates. The spectacular reversal in mineral sector performance can be attributed to the adoption of World Bank recommendations in a new national mineral policy, the 1986 Minerals and Mining Law, aimed at revitalizing the sector.     

Application of the DPSIR framework to environmental degradation assessment in northern Ghana

In many communities in northern Ghana, the environment has been altered by complex natural and human driven forces with significant impact on the lives of their inhabitants. The need to formulate an improved, holistic and consistent methodological approach to assess the problem is critical for sustainable natural resource management. This paper examines the potential of the DPSIR environmental assessment framework utilizing GIS‐based participatory methodology in the assessment of environmental degradation in northern Ghana. Community truthing tools such as key informant interviews, focus group discussions, participant observation and participatory Geographical Information Systems (GIS) were employed as a means of soliciting societal responses integrated to conventional GIS spatial analysis to measure the indicators of the Driving force–Pressure–State–Impacts–Response (DPSIR) assessment framework. Post classification GIS imagery results show a marked natural vegetation decrease of 634 km2 (42%) of the study area with a corresponding increase of 600 km² (39%) of grasses and built‐up and barren environment in the period of 14 years from 1990 to 2004. This is attributed to extreme climatic conditions and human driven causes such as poverty, population growth, migration and land tenure system. Poverty reduction strategies, amendment of the Mining and Mineral Law (PNDC law 153), improvement of the existing land tenure system and the control of migrants and Fulani herdsmen from neighbouring Burkina Faso were some of the solutions selected by the research participants, to be emphasized in the National Environmental Action Plan (EPA Act 490). This paper concludes that the DPSIR environmental assessment framework is an effective means of organizing complex environmental information to facilitate policy decision making.     

The South African mineral and petroleum resources royalty act—Background and fundamental principles

After a prolonged drafting and consultation process, South Africa has introduced a new royalty charge to holders of mineral development rights. Deciding on an acceptable royalty is a complex process, especially when it targets deceptive economic rents. This is achieved with a variable royalty rate that slides in tandem with mine profitability. The base is sales revenue and to compensate for the need to charge for the mineral in its unprocessed form, refined production is charged at a lower rate. The aim of this paper is to discuss the Royalty Act in the context of its background, the underlying theory and fundamental principles. This paper argues that the fundamental principles on which the Act is based are sound, but raises a concern on potentially high compliance and reporting costs.     

The National Heritage Resource Act (1999): Can legislation protect South Africa's rare geoheritage resources?

In South Africa, rare geological specimens are protected by the National Heritage Resource Act (1999). These portable geoheritage objects are neither defined nor described in this Act making their geoheritage status questionable. Thirteen categories and criteria for establishing a geological specimen's rarity status are discussed and include (1) rarity as defined by abundance per se; (2) rarity of a particular habit (external shape or form) of a mineral; (3) rare pseudomorphs; (4) rarity of a particular variety of a mineral; (5) rarity of a particular colour of a common mineral; (6) rarity defined by size; (7) rarity defined by quality; (8) a common species, but rare for a particular locality; (9) rarity of associations of minerals; (10) rarity determined by source being depleted, exhausted or mined out; (11) rare inclusions in minerals; (12) previously rare, now common specimens and (13) miscellaneous criteria that produce rare specimens. Geological specimens (resources) are complex objects when defining their rarity status and multiple rarity factors can apply to single specimens. A lack of clear criteria for defining rare geological specimens appears to place the National Heritage Resource Act (1999) in direct conflict with the more recent Mineral and Petroleum Resources Development Act (2002) which legitimizes the legal exploitation of any mineral resource.     

Evaluation of procedures to estimate biomass on surface coal mine lands reclaimed under the Surface Mining Control and Reclamation Act of 1977

Current surface mine regulations as ascribed under the Surface Mining Control and Reclamation Act of 1977 require that mine lands be returned to the approximate original contours (AOC) with an area coverage of at least 70% and to biological productivity equal to or greater than that which existed prior to mining. Six different procedures were evaluated on nine mine sites in northwestern Pennsylvania as to their suitability to estimate aboveground biomass on mines reclaimed as hayland and pastures. Biomass estimates determined by different procedures were compared to those obtained by random clip plots and with landowner estimates of the annual yield from each site. Biomass estimates determined from a disk meter and landowner interviews varied approximately ±10% from those obtained from random clip plots compared to a variation of ±8%–37% for the other procedures. The number of samples required to obtain reliable estimates within ±10% of the mean at 95% confidence intervals varied among the different sampling procedures according to the variance in biomass on the site. Although all procedures may be used either singly or in combination to estimate above ground biomass on reclaimed mine lands, the combination of the disk meter, profile board, and vegetation height is recommended because of their ease of measurement compared to the other procedures.     

Implementation of US Surface Mine and Reclamation Act

The US Congress is currently studying various ways through which legislation similar to that of the Surface Mining Control and Reclamation Act of 1977— which is concerned mainly with coal, can be applied to all minerals other than coal. This study analyses three US mineral industries—copper, iron ore, and phosphate rock - and identifies a number of areas which Congress and other decision makers ought to consider in arriving at such legislation. The author concludes that reclamation costs may affect the economic and financial performance of each of these industries in a different manner; furthermore, their economic behaviour is significantly different from that of coal. The author's main recommendation is that if surface mining regulations are to be legislated, they should be industry- and commodity-specific rather than umbrella legislation for all non-coal minerals.     

A SWOT analysis of environmental management practices in Greek Mining and Mineral Industry

Over the last two decades, mining and mineral exploration companies have adopted various environmental management practices in response to society’s pressure for better environmental protection. The literature highlights a number of benefits and challenges for companies adopting environmental management practices with the Greek Mining and Mineral Industry (GMMI) facing similar issues. In order to analyze the challenges faced by the GMMI, a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis was conducted, which examined the strengths, weaknesses, opportunities and threats faced by the industry when adopting environmental management practices. The analysis prescribes policy recommendations both for the government and industry which, if adopted, could facilitate improved environmental performance.     

Economic risk and mineral taxation on Indigenous lands

Mining generates risk of environmental and social harm for Indigenous peoples but can also generate substantial revenues for them, creating opportunities for community development in a context where economic and social disadvantage is the norm. Especially as mining revenues should, in part, compensate for mining’s negative social and environmental impacts, it is vital that mineral taxation on Indigenous lands reflect a careful assessment of appropriate tax mechanisms and a matching of these with community priorities. Yet little has been written that could serve as a guide for Indigenous decision makers. This article contributes to an understanding of the issues and choices facing Indigenous communities in designing mineral taxation regimes, by focusing on the question of economic risk. Risk arises as a key variable in choosing or designing a mineral taxation regime in three ways. Different approaches to mineral taxation are inherently more or less risky, in the sense that they are more or less certain to generate tax revenues. A second aspect of risk involves the degree of economic certainty or predictability associated with different types of commodities and projects. Third, the risk tolerance of Indigenous peoples and communities can vary significantly. We show how Indigenous groups can integrate and address these different dimensions of risk, by recognising the ‘risk consequences’ associated with different approaches to mineral taxation and choosing an approach that reflects, as fully as possible, the group’s risk tolerance.     

Innovation in environmental policy: the National Environmental Policy Act of the US and the Resource Management Act of New Zealand

On enactment, both the National Environmental Policy Act (NEPA), 1970 of the US and the Resource Management Act (RMA), 1991 of New Zealand received accolades for innovativeness. However, is such praise justified when these acts are explored through the literature on policy innovation? This paper suggests that it is. More importantly, recognizing how different attributes of innovation contribute to having a policy adopted suggests what the crafters of future environmental policies might do well to consider. It is critical to attend to the political climate in which a policy is being drafted.     

Book Reviews

Book reviewed in this article:
Bowie, S. H. U., A. Kvalheim and H. W. Haslam, eds., Mineral Deposits of Europe, Volume 1: Northwest Europe
Carman, John S., Obstacles to Mineral Development: A Pragmatic View , edited by Bension Varon, Pergamon Press
Christiaan, S. D. and J. J. Zuckerman, eds., Energy and the Chemical Sciences
Radetzki, Marian and Stephen Zorn, Financing Mining Projects in Developing Countries
Jones, M. J., ed., Proceedings of the Eleventh Commonwealth Mining and Metallurgical Congress, Hongkong, 1978
United Nations Bibliography on Transnational Corporations     

The new administration and international chemical issues

As a candidate and now as president, President Trump has been uncharacteristically predictable in systematically dismantling signature environmental policies of prior administrations and ceding the United States’ leadership in combating climate change to other global powers. The administration's industrial chemicals management policy has been less transparent and predictable, however. Some may have interpreted candidate Trump's notable silence on the campaign trail as support for Toxic Substances Control Act (TSCA) reform, given the broad bipartisan support it enjoyed before its enactment on June 22, 2016. Others may have assumed that candidate Trump was simply unaware of the enactment of the most sweeping legislative changes to our domestic chemical management law in four decades and the significant commercial, legal, and trade implications occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). President Trump has kept his TSCA cards close to his vest, and the administration's broader engagement in chemicals management on the world stage is similarly unclear. Some trends can be discerned, or at least inferred, as discussed below.     

Mining development in sub-Saharan Africa

Mineral production from sub-Saharan Africa is an important contributor to the economy at the country, regional and global levels. As an example, in relation to global production, the region provides 40% of diamonds, 20% of bauxite and 20% of rutile. However, with two or three notable exceptions, the region's share of mineral production has been declining compared to that of other regions. Whereas in some cases ore reserve depletion has been a factor, the most important underlying cause has been the absence of an enabling environment to attract high-risk exploration investment and to support private sector mining development. There has also been insufficient re-investment by the region's state dominated mining enterprises. Overall, growth is unlikely to occur unless an enabling environment is created to secure and maintain the appropriate levels of investment. The World Bank has recently initiated an African Mining Policy Study with the objective of recognizing and then introducing required adjustment processes into the region's mining industry.     

Indigenous people and mineral taxation regimes

Indigenous people in a number of major mineral-producing countries have established a substantial and growing capacity to tax mineral resources extracted from their traditional lands. However, almost no analysis has been conducted regarding the conceptual and practical issues involved in designing mineral taxation regimes for use by indigenous people. The general literature on mineral taxation is of limited relevance because basic assumptions it makes regarding the nature of the taxing authority (national or state governments) do not apply to indigenous peoples. This article discusses some key characteristics of indigenous communities as they relate to taxation of mineral resources. Against this background, it identifies a number of approaches to mineral taxation which might be utilized by indigenous groups and which acknowledge the specific constraints and circumstances they face while at the same time recognizing their need to attract and maintain investment on their traditional lands. It also reviews the inter-relationship between indigenous and state or governmental tax regimes.     

Education on environmental law

Summary The current views on whether environmental law is a subject of study at the Universities is discussed in this paper. The author traces the development of environmental law, and maintains that legal science is one, and that it has been grounded into branches for teaching and research purposes. A case for the teaching of environmental law at the universities is made. A teaching programme is suggested which brings out the relationships of environmental law with ecology, social science, economics, management science, technology and other branches of legal science.Born in Argentina, with a Doctor of Law from the University of Buenos Aires. Has held professorships in Water and Mining Laws, Agrarian and Mining Law, Natural Resources Law, in several universities in Argentina. He was a visiting professor in the period 1967–71, at Delft Technological Institute, The Netherlands.From 1969–70, he was Secretary of State for Water Resources of Argentina, and in 1970, Vice-Chairman of the UN Committee on Natural Resources. Consultant on Environmental Law for FAO in 1970. He is at present (1980–82) President of the International Water Resources Association.He has been a member of the IUCN Commission on Environmental Policy, Law and Administration since 1978, is President of the Inter American Commission on Environmental Law and Administration, and Regional Governor (Latin America) of the International Council on Environmental Law.In 1978 he was awarded the Elizabeth Haub Prix on Environmental law.He is author of several books and papers on environmental, natural resources and water laws. These include Code on Natural Resources (Province of Corrientes Argentina, 1980) and co-author of Code on the Renewable Natural Resources and Environmental Protection, Colombia, 1974.     

“Just Another Hoop to Jump Through?” Using Environmental Laws and Processes to Protect Indigenous Rights

Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a “back door” to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes—the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)—to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.     

ESTIMATING MARYLAND CRITICAL AREA ACVS IMPACT ON FUTURE NONPOINT POLLUTION ALONG THE RHODE RWER ESTUARY1

ABSTRACT: This paper presents the results of an investigation of the effects of the Maryland Critical Area Act on generation of non-point source loads of phosphorus, nitrogen, and sediment to the Rhode River estuary. The Simple Method model, the Marcus and Kearney regression model, and the CREAMS model were used to estimate annual loads under: (1) present conditions, (2) maximum land use development allowable under the Act, and (3) two sets of future land use conditions that might occur if the Act were not in place. Results indicate that the Critical Area Act can reduce the present generation of nonpoint nutrient and sediment loadings 20–30 percent from the regulated area. These reductions can occur while preserving agricultural lands and allowing limited residential and urban development. The decrease in nutrient loadings is primarily dependent upon implementation and enforcement of agricultural best management practices (BMPs). The BMPs could reduce present agricultural nutrient loadings by 90 percent to a level comparable to loadings from residential areas. The estimated effectiveness of the Critical Area Act is even greater when compared to potential future nutrient loadings if development in the area remains unregulated. Unrestricted residential and urban development could increase nutrient loadings by 200 percent to 1000 percent as compared to controlled development under Critical Area Act guidelines. The Critical Area Act primarily prevents these future increases by severely limiting woodland cutting, with lesser results obtained by requiring urban BMPs.     

ENFORCEMENT LIMITATIONS IN WATER QUALITY CONTROL1

The Federal role in the enforcement of water quality requirements is of recent development. It began with the enactment in 1956 of the Federal Water Pollution Control Act as permanent law. It has been expanded by successive amendments to the Act to cover the pollution of navigable as well as interstate waters which endangers the health or welfare of persons, and to cover violations of water quality standards established for interstate waters. Two different enforcement procedures are prescribed in the law to be followed in the two types of enforcement actions. While questions have arisen of jurisdiction, States' rights, and disregard or duplication of local efforts, such questions do not lastingly impede the exercise of Federal enforcement authority and are of value in establishing a body of precedents. Limitations have their basis in the statutory distinctions between interstate and intrastate pollution which govern the application of the enforcement authority, even though a case of intrastate pollution may be as serious or more serious than a case of interstate pollution. An additional limitation results from the statutory time intervals between procedural stages in an action. Lack of data is a limitation but can always be overcome and at most causes delay. State laws which protect the confidentiality of required reports are more of a limitation. Investigative teams may obtain the needed information, however, for consideration in public meetings. Public support for effective water quality control measures, especially enforcement, and for the expenditures needed to enhance the environment, is widespread. Such support may be instrumental in modifying or eliminating existing statutory limitations.