A New Attack on the 1872 Mining Laws

[Hoser John]

H.R. 5060, "Hardrock Mining and Reclamation Act of 2014" ,

To modify the requirements applicable to locatable minerals on public domain

lands, consistent with the principles of self-initiation of mining claims,

and for other purposes.



This bill was introduced 07/10/2014 to repeal and replace the 1892 Mining Law. It has been sent to committee. The bill, if passed into law, will change mining as we now know it. This would be a good time to call, write or email your representatives to voice your opinions. Here is a link to contact your representative:



http://www.usa.gov/C...-Congress.shtml



I recommend obtaining the contact info from the site and writing your own letter or email to your reps; Phone calls are good too. Just keep it polite and make your point(s) clear and concise.



The is the letter that the organizations SUPPORTING this bill (and probably wrote it) are sending to OUR representatives:



Earthworks



wLeague of Conservation VoterswNatural Resources Defense CouncilwSierra

Club



wWestern Organization of Resource CouncilswThe Wilderness Society



June 18th, 2014



Dear Member of Congress,



On behalf of our millions of members from across the country, the undersigned organizations

endorse the “Hardrock Mining and Reclamation Act of 2014,” a bill that would correct the

environmental and taxpayer inequities promoted by the outdated 1872 Mining Law.

Although it is now 142 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 corporations, 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 Toxics Release Inventory has consistently shown

that the hardrock industry releases more toxic chemicals into our air, land and water than any other

industry in the U.S. Hundreds of thousands of hazardous abandoned mines around the country

persist – which will cost U.S. taxpayers tens of billions of dollars 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 $300

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. The 1872 Mining Law

also allows mining companies to buy, or “patent” public lands for $2.50 to $5.00 an acre, though

there is a temporary moratorium on this practice. 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.

The 1872 Mining Law places the interests of mining corporations above those of average U.S.

citizens. Over the years, mining has threatened Grand Canyon National Park, Yellowstone National

Park and many other special places, but because of the 1872 Mining Law, land managers have been

unable to deny these mine proposals. Even when a mine threatens sacred sites, important

watersheds or sensitive habitat, the 1872 Mining Law trumps all of those other important values.

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 Hardrock Mining and Reclamation Act of 2014 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;

•

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 for new mines, 4% for

current operations;

•

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,

requiring the industry to pay a reclamation fee while giving “Good Samaritans” limited

liability relief when they participate in clean up efforts.

The strong public participation, agency oversight and enforcement provisions of the Hardrock

Mining and Reclamation Act of 2014 will translate into real improvements on the ground. This bill

will 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. The Hardrock Mining and Reclamation Act of 2014

will also create jobs thousands of jobs for communities across the United States by funding muchneeded

abanoned mine restoration projects.

We strongly urge you join as a co-sponsor of this important legislation. It is well past time that

Congress replaces this archaic law with one that protects western communities and resources, while

also maintaining a healthy, responsible mining industry.

Sincerely,

Lauren Pagel

Policy Director

Earthworks



Alex Taurel

Deputy Legislative Director

League of Conservation Voters



Sharon Buccino

Director, Land and Wildlife Program

Natural Resources Defense Council



Athan Manuel

Director, Lands Protection Program

Sierra Club



Richard Parks

Hard Rock Campaign Team Chair

Western Organization of Resource Councils



Chase Huntley

Renewable Energy Director

The Wilderness Society





The support for this bill is huge among enviromental organizations and their members. The small miners community is in danger of extinction if this bill passes IMO. Take the time to contact your representatives. Do not think someone else with take care of this issue. Talk to the people within your sphere of influence and ask their support and participation to defeat this bill.

[russau]

yep these wacoenviromental groups e&% s*^# big time IMHO! and NOT ENOUGH prospectors / miners do enough to stop this sickness from spreading!