Mining Reform Moves to U.S. Senate
congresswatch
As reported in the final 2007 edition of Congressional Watch, the U.S. House of Representatives passed the Hardrock Mining and Reclamation Act of 2007 (H.R. 2262) “to drag the 1872 Mining Act into the 21st century” as stated by the bill’s sponsor, Congressman Nick Rahall (D-W. VA).
You may recall that Montana Congressman, Dennis Rehberg unfortunately voted against reforming the archaic 1872 Mining Law, which has not been altered since President Ulysses S. Grant signed it into law 135 years ago.
But this winter, as the bill moves through the Senate, there is hope that long-needed mining reform will finally have its day. The proposed legislation would cease the public lands giveaways that have long been enjoyed by mining companies at the expense of American taxpayers.
According to the Montana Environmental Information Center, H.R. 2262 would:
- end “patenting”, the process of buying federal, public land for less than $5.00 per acre;
- establish an 8 percent royalty on minerals taken from public lands (in 2000 this would have raised $79 million);
- require reclamation bonds for metal mines and establish clear cleanup standards.
Furthermore, H.R. 2262 would establish a fund to clean up abandoned mines. As stated on the Montana Environmental Information Center’s website, mining pollution affects more than 40 percent of western headwater streams. It is estimated that more than 50,000 abandoned hardrock mines remain in the U.S, with the cost of cleanup estimated between $32 and 72 billion. However, no money is currently available to address the problem.
Two-thirds of the royalty money in HR 2262 is dedicated to an “abandoned mine cleanup fund”. The government has lost more than $245 million in royalties on minerals since the 1872 Mining Law was passed over a century ago.
The 1872 Mining Act has resulted in a legacy of pollution throughout much of the West, including Montana. H.R. 2262 would positively impact up to 270 million acres of public lands and offers a real opportunity to reverse the damaging legacy of uncontrolled mining. As Rep. Rahall, the bill’s sponsor, put it, “It is far past the time for responsible reform of the Jurassic Park of all federal laws.”
Before Congress recessed for the holidays last year, H.R. 2262 moved to the Senate Committee on Energy and Natural Resources, on which Senator Jon Tester serves. And, Senator Tester sounds ready to lead the way on meaningful reform!
As reported by the Helena Independent Record on January 16th, 2008, (See “Panel calls for hard rock mining reform”) Aaron Murphy, a Tester spokesman, said the senator supports the idea of changing the mining law. “The mining law hasn’t changed since 17 years before Montana was even a state,” stated Murphy. “Jon believes it needs to be updated to be fair,” he added.
The article also reported on a press conference organized by several Montana citizens and organizations committed to bringing the 1872 Mining Act into the 21st Century. Speakers included Montana’s former Congressman Pat Williams, Julia Doney, president of the Fort Belknap Tribal Council, an area rancher and the President of the Montana Wildlife Federation.
Additional Articles of Interest:
"Senators indicate support for reform of mining law," by NOELLE STRAUB, Billings Gazette Washington Bureau (January 25, 2008)
"Mining Law Rewrite Faces Uphill Battle In Senate," by REUTERS. (Published: January 23, 2008)
New York Times Editorials:
“At Last, an Overhaul for a Bad Law,” October 26, 2007
“The Power to Say No,” February 14, 2008
Past attempts to improve the mining law have stalled in the Senate due to intense pressure by the mining industry. We need our senators to vote for H.R. 2262 and help protect Montana’s air, water, lands and future generations from mining pollution. Please contact Senator Max Baucus and ask him to support H.R. 2262. Contact Senator Jon Tester to continue speaking out on behalf of mining reform.
For More Information:
Montana Environmental Information Center
League of Conservation Voters
National Environmental Trust
Sierra Club
Western Organization of Resource Councils
