MINING LAW REFORM AND NATIVE AMERICANS

As excerpted from Earthworks' materials www.mineralpolicy.org/PrinciplesOfReform.cfm

Why is reform of the 1872 Mining Law important to Native American Communities?
Protects Special Places from Irresponsible Mining
Under the federal government's current interpretation, land managers give preference to mining over all other land uses — from recreation to drinking water supplies to hunting. Reform of the mining law must recognize that there are some places that should not be mined and must clearly give land managers the ability to deny a mine proposal if there are other important resource values that could be damaged by a mining operation.

Imposes Stringent Environmental Standards
Under current law, there are no statutory environmental standards written specifically for mining. The Clean Water Act does not protect groundwater from mining pollution, and there is no definition of how to reclaim a mine, for example. Mining industry-specific environmental standards must be created to: protect surface and groundwater quality from erosion and toxic discharge; require landscape restoration concurrent with mining; protect topsoil and wildlife habitats; require productive native revegetation; and minimize and neutralize mine wastes.

Includes Fiscal Reforms for Fair Financial Return
The 1872 Mining Law currently provides the mining industry with billions of dollar in subsidies. For $5 an acre, mining interests have patented (purchased) an area roughly equivalent in size to the state of Connecticut containing mineral values exceeding $245 billion. A new, reformed mining law should end the process of patenting. Mining law reform should also include a fair financial return to the taxpayer in the form of a royalty on the mining industry.

Includes Inspection, Enforcement and Bonding Provisions
Enforcement authority must be given to federal regulators to ensure operator compliance with the requirements of the reformed law. Enforcement actions must be mandatory and require frequent inspections, violation citations, civil and criminal penalty assessments, and the denial of new mining permits to operators with outstanding violations. Reclamation bonds must be required at levels that will ensure complete reclamation if operators fail to carry out their responsibilities.

Establishes an Abandoned Mine Land Fund
There are more than 500,000 abandoned hardrock mines in the United States that will cost between $32 and $72 billion dollars to reclaim. Currently there is no funding source for abandoned hardrock mine reclamation. An abandoned mine land fund, paid for through mining royalties and fees, is needed to clean up the scarred landscapes and polluted waters left by the mining industry.

For more information:

See H.R. 699, the Hardrock Mining and Reclamation Act of 2007.

The "Protection of Special Places" section begins on page 24.

Title III, page 39, is of notable interest for those mining locations prone to acid mine drainage.

National Environmental Trust

Pew Campaign for Responsible Mining

Earthworks

Indigenous Environmental Network

Taxpayers for Common Sense

Who Owns the West/Arizona

Tourism/Hunting & Fishing impacted: Trout Unlimited, public land initiatives, protecting fisheries: