Momentum Builds to Update 150-Year-Old Mining Laws
Image: Jerry McBride/AP. Diné Bikéyah, Pueblos, and Núu-agha-tʉvʉ-pʉ̱ ancestral lands.
In 2015, waste from the Gold King Mine spilled into the Animas River in Colorado, turning its waters a mustard yellow. In addition to polluting waters through three states, the spill from the Gold King Mine was notable for its effects on outdoor recreation, with several arresting photographs of paddlers floating on the yellow water. The spill immediately forced rafting companies to shut down for over a week in 2015, and since then, clean-up efforts have been slow.
Mines are notorious for damaging and polluting the land and water that surrounds them. Even with ample evidence that pollution from mining has terrible impacts on landscapes, waterways, and communities, proposed mines still threaten beloved outdoor recreation destinations, including the South Fork Salmon River and Grand Canyon. Part of the problem is that the law that governs mining on public lands is 150 years old.
The law that governs most mining across the U.S. is called the General Mining Act of 1872, and since it was passed a century and a half ago, it has remained largely unchanged. The law still gives the mining industry unmatched access to public lands at the expense of other land uses like outdoor recreation, conservation, and traditional tribal practices.
Under the current law, mining is considered the “highest and best use” of public lands. This gives the mining industry priority access to 350 million acres of public lands (more than 15% of the U.S.’s total landmass) and mining companies pay no royalties on the riches they extract. In addition, the mining law doesn’t have standard waste management practices to minimize pollution from mines.
There are currently at least 140,000 abandoned mines across the country, leaving the surrounding areas damaged by waste. Abandoned mines have polluted 40% of headwaters across western watersheds—creating ongoing hazards for whitewater paddlers and others in places like Colorado’s Animas watershed and California’s South Yuba River.
Updating the 150 year old mining law is also a critical step toward renewable energy and away from fossil fuels. Mining minerals like lithium, copper, and nickel will be even more important as we transition towards producing clean energy, “but that doesn’t mean we should sacrifice our environment, health, and sacred or special places just to get them,” Congressman Raúl Grijalva (D-AZ) said recently. With minerals in high demand, it’s more important than ever to pass mining reform to ensure that mining is done as safely and fairly as possible for taxpayers and surrounding communities.
The General Mining Act of 1872 is a relic of a time period that does not reflect our current understanding of the benefits and values of public lands and the recreation opportunities they offer. Congressman Raúl Grijalva (D-AZ) and Senator Martin Heinrich (D-NM) are taking action to modernize the mining law and recently introduced the Clean Energy Minerals Reform Act (S. 4083/ H.R. 7580). You can read our full testimony here or by clicking the image on the left.
Notably, the bill will:
Protect special places from hardrock mining. The new bill would prohibit all hardrock mining activity on Native American sacred sites, Wilderness Study Areas, Areas of Critical Environmental Concern, Wild and Scenic Rivers, and Roadless Areas. This will ensure that mining projects do not impact particularly ecologically sensitive areas.
Establish a much-needed cleanup program through reclamation. There are approximately 140,000 abandoned mines across the country—this bill would provide critical funding to alleviate pollution and waste from abandoned mines.
Level the playing field. By creating a modernized leasing system similar to that used for oil and gas development, updated mining laws give the outdoor community and other stakeholders a say in whether potential mining sites are an appropriate use of public lands.
Set strong environmental standards for mining activities. The bill would ensure that mining and reclamation activities do not irreversibly degrade public lands and resources. Updated best practices to manage mine activities are essential to protecting workers, local communities, and the outdoor recreation community.
Strengthen consultation with tribes. Tribes deserve a seat at the table before permitting decisions are made, not notified once mining projects have been approved. The bill would require federal agencies to conduct meaningful consultation with tribes before permitting mining activities, both on tribal nation lands and bordering federal public lands.
A hearing last week with the Subcommittee on Energy and Mineral Resources showed that there is a growing need to bring our mining laws into the 21st century. As we move towards more renewable energies, “the nation needs more mining, but it has to be done responsibly,” Rep. Debbie Dingell (D-Mich.) shared. This bill will apply critically-needed environmental safeguards to ensure responsible mining practices while protecting cherished landscapes and recreation. But advancing this bill needs your voice. Take two minutes to write your lawmakers in support of the Clean Energy Minerals Reform Act using the tool below: