Mining Law Reform Moving in Congress

When Congress passed the General Mining Law of 1872 the world was a much different place.  Mining was done with picks and shovels or pans.  The western United States was not yet settled, and land was cheap and plentiful.  Consequently, Congress passed a law that encouraged the sale, settling, and development of federal lands.

Mining is a much different proposition 135 years later.  Entire landscapes are being destroyed to find microscopic particles of ore.  Land in the West is at a premium.  Yet, mining in the U.S. continues to be governed by the same law Congress passed more than a century ago.

The 1872 Mining Law contains no environmental provisions.  Unlike coal mining, there are no national reclamation standards for metal mines.  The law still allows mining companies to purchase federal land for less than $5.00 an acre.  The federal government does not collect a royalty on minerals as it does on oil, gas, coal, and timber.  Most egregiously, the 1872 Mining Law declares mining to be the “highest and best use” of the land.

Obviously this is a law in need of reform.  That’s why Rep. Nick Rahall (D-WV) introduced HR 2262 to finally fix and update the 1872 Mining Law.  HR 2262 would do a number of things:  it would end patenting, the process for buying federal land for less than $5.00 an acre; it would establish an 8% royalty on minerals taken from public lands (in 2000 this would have raised $79 million); and it would require reclamation bonds for metal mines and establish clear cleanup standards.

HR 2262 also would establish a fund to clean up abandoned mines.  Mining pollutes more than 40% of western headwater streams and it is estimated that there are more than 500,000 abandoned hardrock mines in the U.S.  The estimate of the cost of cleaning up these mines is between $32 and $72 billion but no money is currently available.  Two-thirds of the royalty money in HR 2262 is dedicated to an abandoned mine cleanup fund.

Rep. Rahall, who is chairman of the House Natural Resources Committee, has long been a champion of mining law reform.  He has introduced slightly different versions of mining law reform a number of times in the past.  This one has a chance of progressing.  The hearing on HR 2262 before Rep. Rahall’s committee was held on July 26th.  The bill is ultimately expected to pass the House in some form.

The Senate will be a different story.  Past attempts to reform the mining law have always stalled in the Senate.  Montana’s own Sen. Max Baucus has helped stymie these efforts previously.  In anticipation of a struggle in the Senate MEIC, along with other Montana and national organizations, is making a concerted effort to gain the support of Montana’s senators for HR 2262.  To that end, Lewis and Clark County commissioner Ed Tinsley recently traveled to Washington, DC to speak with Sens. Baucus and Tester.

It will be some time before there is final decision on HR 2262.  If you want to help reform the antiquated 1872 Mining Law, please contact both Senator Baucus and Senator Tester.  Tell them to support HR 2262.