LEAD AGENCY INTERACTIONS AND RELATED ROLES OF THE CALIFORNIA STATE MINING AND GEOLOGY BOARD

California is considered a “home rule” state, as local lead agencies make land use decisions. Lead agencies are generally defined as governmental entities responsible for following permitting processes, including California Environmental Quality Act (CEQA) compliance, during approval of specific projects. These entities include counties, cities and multi-jurisdictional agencies. California’s State Mining and Geology Board (SMGB) continuously interacts with numerous lead agencies through three legislative Acts. There are currently 140 local lead agencies that are affected by the Alquist-Priolo Earthquake Fault Zoning Act of 1972, which directs the State Geologist to establish Earthquake Fault Zones according to policies and criteria set by the SMGB. Under the Seismic Hazards Mapping Act of 1991, the SMGB provides policy and guidance through regulations for a statewide seismic hazards mapping and technical advisory program that affects all cities, counties and state agencies charged with protecting the public health and safety from hazards caused by earthquakes. Under the Surface Mining and Reclamation Act of 1975 (SMARA) the SMGB oversees lead agency performance and also serves an important role as a SMARA administrative agency where necessary. California is unique as it is the only state in the nation in which mining is regulated by 109 separate lead agencies. Since 2001 the SMGB has assumed certain lead agency SMARA obligations from two counties, and currently 41 mining operations are under the direct jurisdiction of the SMGB as a SMARA administrative agency. Each operation requires annual inspection and review of financial assurance adequacy. Every site presents a unique challenge, with many plagued by unstable slopes, some badgered by highly erodible soils, a few afflicted by naturally occurring asbestos minerals, and all constantly struggling to remain viable businesses in today’s difficult economic environment. Since 2007 two full time staff positions have been tasked primarily with meeting the SMGB’s responsibilities as a SMARA administrative agency. Dwindling budgets have adversely impacted, and will continue to impact, the ability of local governments to maintain technical expertise and resources necessary for effectively implementing certain lead agency obligations.