Mineral Exploration and Development Act of 2003

Apr 11, 2003 | 8 min read | Print Article

Dear Representative Rahall,

On behalf of the millions of members from across the country that the undersigned organizations represent, we endorse your important bill, the “Mineral Exploration and Development Act of 2003” – a bill that would correct the environmental and taxpayer inequities promoted by the outdated 1872 Mining Law.

The Mineral Exploration and Development Act of 2003 will help communities across America. We commend your perseverance in resolving this vital matter of public policy and look forward to working with you to complete this unfinished business.

Although it is now 131 years old, the 1872 Mining Law still governs mining for precious minerals such as gold and copper on public lands. Signed into law by President Ulysses S. Grant and designed to facilitate the settlement of the western United States, the 1872 Mining Law allows mining companies, many of which are foreign multinational conglomerates, to stake claims on public land and take whatever minerals they find without royalties to the U.S. citizens that own these resources.

The legacy of the 1872 Mining Law is pervasive, threatening the well being of our western communities, and the scarce drinking water upon which they depend. For example, according to the U.S. Environmental Protection Agency, hardrock mining has polluted 40 percent of the stream reaches of the West’s headwaters. Hardrock mining releases arsenic, mercury and lead into our communities’ air and waters. In fact, the EPA’s 2000 Toxics Release Inventory showed that the hardrock industry released more toxic chemicals than any other industry in the U.S. More than half a million hazardous abandoned mines around the country persist – which will cost U.S. taxpayers at least $32 billion to clean up.

Not only does the 1872 Mining Law imperil drinking water supplies in the drought-ridden west, its cost to taxpayers is enormous. Since 1872, hardrock mining companies have taken more than $245 billion worth of minerals from public land, without paying a dime in royalties to taxpayers. It is the only extractive industry in the nation to receive such preferential treatment, and benefit from such federal largess. The 1872 Mining Law also allows mining companies to buy, or “patent” public lands for $2.50 to $5.00 an acre. This price in no way reflects the fair market value of either the land surface or underlying mineral wealth. Furthermore, patenting enables mining companies to remove land from the public trust, which undermines the principle of multiple use that should apply to federal lands.

Importantly, the majority of minerals mined under the 1872 Mining Law have no relevance to national security. For example, the community of Washoe County, Nevada is struggling to stop a mine that would create air and noise pollution and disrupt daily life all in the name of producing kitty litter clay. The proponent of this kitty litter mine – the Oil-Dri Company – sued the County, arguing that the 1872 Mining Law does not let a community stop a mine for any reason. The U.S. Department of the Interior filed a brief agreeing with this interpretation. The 1872 Mining Law places the interests of mining corporations above those of average U.S. citizens. In 2001, for example, the U.S. Forest Service approved a silver and copper mine that would tunnel underneath the Cabinet Mountains Wilderness Area in northwestern Montana. The mine would destroy wilderness values by polluting rivers, lakes, and drinking water supplies such as the historic Clark Fork River and threatening one of the last remaining grizzly bear populations in the lower 48 states. Even though local communities vehemently oppose this mine, the Forest Service argued that the 1872 Mining Law left them no choice but to approve it. We wish to make it clear that we are not opposed to all mines on public lands. Instead, we object to an outdated law that lacks any measures to protect water or other natural resources, ignores cleanup requirements, fails to provide a fair return to taxpayers and treats mining as the “highest and best use” of public lands.

The Mineral Exploration and Development Act of 2003 would resolve the drinking water pollution, fish and wildlife habitat degradation, and taxpayer inequities mentioned above.

Specifically, the bill would:

• Protect water resources and habitats by establishing strong environmental and cleanup standards specific to mining

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• Provide a fair return to taxpayers, by providing for a reasonable 8% royalty on the value of the precious minerals mining companies take from public lands;

Watchdogs Need Watchdogs

• Defend local communities and special places from irresponsible mining, by giving land managers the ability to balance mining with other uses of the public’s lands;

• Abolish the giveaway of public lands to private mining interests; and

• Create an Abandoned Mine Land Fund to address the long-standing hazards of abandoned mines to drinking water, fish and wildlife habitat, and the well being of local communities.

The strong public participation, agency oversight and enforcement provisions of the Mineral Exploration and Development Act of 2003 will translate into real improvements on the ground. For too long, opponents of progress have cast reform of the 1872 Mining Law as a battle between those who favor and those who oppose mining. Such a characterization is wrong. The real challenge will be to ensure that any mining on public lands takes place in a manner that protects crucial drinking water supplies and other natural resources, special places, taxpayers, fish and wildlife habitat, and the health and well being of our communities.

Sincerely,

Alaska Wilderness League ♦ American Rivers ♦ Amigos Bravos ♦ Bear Creek Council ♦

Clark Fork Coalition ♦ Citizens for Victor ♦ Colorado Environmental Coalition ♦

Colorado Wild ♦ Earthjustice Legal Defense Fund ♦ Endangered Species Coalition ♦

Environmental Working Group ♦ Friends of Pinto Creek ♦ Great Basin Mine Watch ♦

Greater Yellowstone Coalition ♦ Gila Resources Information Project ♦

High Country Citizens’ Alliance ♦ Idaho Conservation League ♦ The Lands Council ♦

Maricopa Audubon Society ♦ Mineral Policy Center ♦ Mining Impact Coalition of Wisconsin ♦

Montana Environmental Information Center ♦ Montana Wilderness Association ♦

National Environmental Trust ♦ National Parks Conservation Association ♦

Natural Resources Defense Council ♦ National Wildlife Federation ♦

New Mexico Environmental Law Center ♦ Northern Alaska Environmental Center ♦