The amended Mining Law

There has been talk of mining law reform in virtually every U.S. Congress since 1866. The battle over the Mining Law of 1872 in the current Congress is being led by California Democratic Representative George Miller and Arkansas Democratic Senator Dale Bumpers, both of whom have attacked the Law for being an antiquated relic of frontier times that has remained virtually unchanged for 125 years.

The fact is, substantial changes have been made to federal mining law over the years. Congress has enacted more than 50 changes that directly affect the rights granted under the Mining Law of 1872. As a result, more than 400 million acres have been placed off-limits to exploration companies. In addition, environmental statutes affect all mining operations that fall under the jurisdiction of the Mining Law on federal lands and elsewhere.

Notable changes that have been made over the years include:

* the Antiquities Act of 1906, which authorizes the President to establish national monuments, thereby prohibiting mineral exploration in such an area; * the Wilderness Act of 1964, which restricts mining activities in wilderness areas;

* the National Environment Policy Act of 1970, which requires that an intensive review be carried out before approval can be given to mining projects;

* the Endangered Species Act of 1973, which creates de facto withdrawals and operating restrictions on mining;

* the Federal Land Policy and Management Act, which, among other things, requires land planning, withdrawal of wilderness areas under study by the Bureau of Land Management, and the prevention of unnecessary or undue degradation of public lands; and

* the National Forest Management Act of 1976, which forms the basis of the Forest Service land-planning process, which can lead to restrictions on mining activities and result in land withdrawals.

In addition, companies must abide by numerous environmental laws that have a direct effect on mining activities, including: the Clean Air and Water Acts; the Resource Conservation and Recovery Act; the Comprehensive Environmental Response Compensation Liability Act (also known as the Superfund); the Toxic Substance Control Act; and the Uranium Mill Tailings Radiation Control Act.

Prior to the current debate on Mining Law, which began in 1989 and intensified in 1991, it has been reformed and updated many times. It is not, as mining opponents claim, out of date and virtually unchanged.

— From “Bulletin,” the publication of the Northwest Mining Association.