1872 Mining Law reform could be on the way

The title of The General Mining Law of 1872 indicates just how outdated it is. Enacted 135 years ago to promote the development of western lands, the law waives royalties and sells public land at close to 1872 prices to mining corporations. While these companies temporarily create good paying jobs in the communities where they are located, they have also left behind more than half a million abandoned hardrock mines that will cost the federal government a conservatively estimated $32 billion to clean up.

Lack of public awareness combined with aggressive, well-funded lobbying on behalf of hardrock mining corporations have allowed this statutory dinosaur to remain untouched, despite segments on NBC’s “Fleecing of America” and other media attention. According to WORC board member Richard Parks, “With skyrocketing metal prices the industry has lost its last shred of plausibility for resisting reform on the basis of cost.”

Nick Rahall, a West Virginia lawmaker, has recently introduced a bill that would update this 19th Century relic. The Hardrock Mining and Reclamation Act of 2007, if passed, will prohibit the giveaway of public lands, require a minimal 8% royalty on net smelter return, and require the industry to comply with basic environmental reclamation standards. Rahall stated at a press briefing that “It is far past the time for responsible reform of the Jurassic Park of all federal laws.”

“Polluted water remains one of mining’s major legacies,” said Parks. “Increasing demand coupled with uncertainty of supply driven by climate change requires compliance with the higher environmental performance standards included in Rahall’s bill.” The bill would create a fund to reclaim and restore land and water resources adversely affected by past mineral activities, requiring the mining industry to pay to clean up its own mess. It would also allow the public to retain ultimate ownership over the land leased to mining companies, and protects it from unreasonable degradation.

Let your representatives know that you are tired of paying to clean up the mining industry’s toxic mess while they buy your land for a few dollars an acre and get your gold, silver, and uranium free. Urge them to support Rahall’s 1872 mining law reform.

—Thad Adkins, Intern