Pueblo Halts Mining Lawsuit

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Picuris Pueblo is hoping to restore a 200-acre patch of aboriginal land -- valued for its special mica-rich clay used to make the pueblo's distinctive pottery -- that is now back under the pueblo's control. The land acquisition ends a 15-month lawsuit against an Ohio mining company.

PICURIS PUEBLO, N.M. — Picuris Pueblo is hoping to restore a 200-acre patch of aboriginal land -- valued for its special mica-rich clay used to make the pueblo's distinctive pottery -- that is now back under the pueblo's control. The land acquisition ends a 15-month lawsuit against an Ohio mining company.


"We are eager to begin the work that must be done to heal the land," said Picuris Gov. Richard Mermejo in a statement accompanying the announcement.


The statement from the law firm representing the pueblo explained that the total acquisition is 537 acres, which includes the mine property and another 342 acres of unpatented mining claims, located about 3 miles east of the pueblo.


The specific terms of the transaction were not released, but they include the dismissal of all Picuris claims against Oglebay Norton. Also, the state mining and reclamation permit held by Oglebay Norton has been transferred to the pueblo, as has the responsibility for reclaiming the mined land.


For four decades, the land, known as the U.S. Hill Mine, has been mined by various companies and was most recently owned by Oglebay Norton. Prior to its development, the area was used as a source for the micaceous clay used in the pueblo's pottery. Pueblo elders have said that they have been unable to find a source of micaceous clay of equal quality near Picuris.


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In February 2004, the pueblo filed suit against Oglebay and all previous mine operators, including Tennessee-based Franklin Industries, which owned the mine from the late 1980s through 1999, and North Carolina-based Preston Capital Corp. The pueblo was seeking to regain the land and win back significant fees as payment for tons of ancestral mineral resources that were removed without the pueblo's consent.


Oglebay Norton has owned the property, which is within the boundaries of the Carson National Forest, since 1999.


In 2004, pueblo elders and then-governor Gerald Nailor said they felt a connection between the destruction of their ancient source of micaceous clay and the slow loss of their language and culture to outside forces.


In March 2004, Oglebay Norton filed for bankruptcy and as part of the company's reorganization and exit from the mica industry, put some of its holdings in New Mexico and North Carolina up for sale.


Oglebay Norton's President Michael Lundin said the company is pleased the resolution meets everyone's needs.


"We are pleased that this transaction facilitated not only Oglebay's strategic objective," he said, "but at the same time provided an opportunity for Picuris Pueblo to acquire this culturally significant property."


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Source: Knight Ridder/Tribune Business News