An Act to Eliminate Metallic Mineral Mining Activities Without a Permit
Maine Legislature, Session 131, LD 1564
Committee: Environment and Natural Resources
Sponsors: MILLIKEN, WARREN
Amends: 38 MRSA §490-M, 38 MRSA §490-N

Legislative Document
No. 1564
H.P. 1009
House of Representatives, April 11, 2023
An Act to Eliminate Metallic Mineral Mining Activities Without a 
Permit
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Representative: WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §490-MM, sub-§1, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read:
1.  Advanced exploration.  "Advanced exploration" means any metallic mineral bulk 
sampling or exploratory activity that exceeds those activities that are exploration activities 
and are as specified in rules adopted by the department.  Samples taken as part of 
exploration are not considered bulk sampling.
Sec. 2.  38 MRSA §490-MM, sub-§6, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read:
6.  Exploration Exploratory activity.  "Exploration" or "exploration "Exploratory 
activity" means the following activities when conducted in accordance with rules adopted 
by the department for the purpose of determining the location, extent and composition of 
metallic mineral deposits: test boring, test drilling, hand sampling, the digging of test pits, 
trenching or outcrop stripping for the removal of overburden having a maximum surface 
opening of 300 square feet per test pit or trench or other test sampling methods determined 
by the department to cause minimal disturbance of soil and vegetative cover.
Sec. 3.  38 MRSA §490-MM, sub-§11, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read:
11.  Mining.  "Mining," "mining operation" or "mining activity" means activities, 
facilities or processes necessary for the extraction or removal of metallic minerals or 
overburden or for the preparation, washing, cleaning or other treatment of metallic minerals 
and includes the bulk sampling, advanced exploration, extraction or beneficiation of 
metallic minerals as well as waste storage and other stockpiles and reclamation activities, 
but does not include exploration.
Sec. 4.  38 MRSA §490-NN, sub-§1, ¶B, as amended by PL 2017, c. 142, §5, is 
further amended to read:
B.  In addition to other powers granted to it, the department shall adopt rules to carry 
out its duties under this article, including, but not limited to, standards for exploration, 
advanced exploration, construction, operation, closure, post-closure monitoring, 
reclamation and remediation.  Except as otherwise provided, rules adopted under this 
article are major substantive rules for purposes of Title 5, chapter 375, subchapter 2‑A 
and are subject to section 341‑H.  Notwithstanding Title 5, section 8072, subsection 
11, or any other provision of law to the contrary, rules provisionally adopted by the 
department in accordance with this article and submitted for legislative review may not 
be finally adopted by the department unless legislation authorizing final adoption of 
those rules is enacted into law.
SUMMARY
Under the Maine Metallic Mineral Mining Act, a Department of Environmental 
Protection-issued mining permit is required for a person to engage in any mining-related 
activity, excluding those activities that fall under the statutory definition of "exploration."  
This bill amends definitions within that Act and related provisions to require the issuance 
of a mining permit for a person to engage in any mining-related activity.