H.R.5060 HARDROCK MINING AND RECLAMATION ACT OF 2014

[SLNugget]

Has this been brought up for discussion? I did a quickie search and did not find any threads. Regardless this bill was introduced 07/10/2014 and was sent to various committies. Please do not make this political. It is important IMHO to keep track of this and contact your elected representatives to voice your opinions. Here is a link to more information:

https://www.govtrack.us/congress/bills/113/hr5060

We, as small scale miners/prospectors, achieved a lot with the letter writing campaign to the Third Appellate Court in the Rinehart case. No reason we cannot do the same with this issue.

In the spirit of keeping your friends close and enemies closer here is a link to a group supporting this bill:

1872 Mining Law Reform Bill Introduced Today

 

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[russau]

yep ! get involved or get out of the way and let someone that knows what they are doing get it done!

 

[SLNugget]

yep ! get involved or get out of the way and let someone that knows what they are doing get it done!

While I do understand your sentiment and feeling Russ, we have way too many miners/prospectors that think someone else will get it done. Those days are past if small scale mining is to survive as we know it today. I encourage everyone who enjoys this life style to get informed and aggressively involved in these type issues. DO NOT SIT BY AND THINK SOMEONE ELSE WILL TAKE CARE OF THINGS FOR YOU.

end of rant. -)

 

[SLNugget]

This is the letter supporters of this bill are sending to our representatives:

EarthworkswLeague of Conservation VoterswNatural Resources Defense CouncilwSierra
Clubw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environmental and taxpayer inequities promoted by the outdated 1872 Mining Law.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

 

[roadrunner]

Well I read it and have no idea of what any of it means.
What are they trying to do.
And whats with the peoples names that are introducing it.
Ok, so i just saw the post above mine that showed up after I posted mine.
Is that what they want to accomplish?

 

[Rob in KS]

This is a little scary. It seems that the 1872 is all we have. I don't think the govt has money to fix old abandoned mines. I just get worried when people who live in DC are deciding whats best practice for mining. I think they are trying to legislate us into being good stewards of the land. I'll bet most miners are.

 

[SLNugget]

This is a little scary. It seems that the 1872 is all we have. I don't think the govt has money to fix old abandoned mines. I just get worried when people who live in DC are deciding whats best practice for mining. I think they are trying to legislate us into being good stewards of the land. I'll bet most miners are.

Actually I think they are trying by legislation and fees to eliminate small scale mining as we know it. My view may be a bit extreme but it sure seems that way to me.

I think someone wiser than me should write a rebuttal to the supporting letter I posted above.

 

[Hefty1]

From this bill....and needs to be broken down word for word to understand this.

513. Savings clause
(a) Special Application of mining laws
Nothing in this Act shall be construed as repealing or modifying any Federal law, regulation, order, or land use plan, in effect prior to the date of enactment of this Act that prohibits or restricts the application of the general mining laws, including laws that provide for special management criteria for operations under the general mining laws as in effect prior to the date of enactment of this Act, to the extent such laws provide for protection of natural and cultural resources and the environment greater than required under this Act, and any such prior law shall remain in force and effect with respect to claims located (or proposed to be located) or converted under this Act. Nothing in this Act shall be construed as applying to or limiting mineral investigations, studies, or other mineral activities conducted by any Federal or State agency acting in its governmental capacity pursuant to other authority. Nothing in this Act shall affect or limit any assessment, investigation, evaluation, or listing pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), or the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.).
(b) Effect on other Federal laws
The provisions of this Act shall supersede the general mining laws, except for those parts of the general mining laws respecting location of mining claims that are not expressly modified by this Act. Except for the general mining laws, nothing in this Act shall be construed as superseding, modifying, amending, or repealing any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act. Nothing in this Act shall be construed as altering, affecting, amending, modifying, or changing, directly or indirectly, any law which refers to and provides authorities or responsibilities for, or is administered by, the Environmental Protection Agency or the Administrator of the Environmental Protection Agency, including the Federal Water Pollution Control Act, title XIV of the Public Health Service Act (the Safe Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of 1990, the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic Act, the Motor Vehicle Information and Cost Savings Act, the Federal Hazardous Substances Act, the Endangered Species Act of 1973, the Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Ocean Dumping Act, the Environmental Research, Development, and Demonstration Authorization Act, the Pollution Prosecution Act of 1990, and the Federal Facilities Compliance Act of 1992, or any statute containing an amendment to any of such Acts. Nothing in this Act shall be construed as modifying or affecting any provision of the Native American Graves Protection and Repatriation Act ( Public Law 101–601 ) or any provision of the American Indian Religious Freedom Act ( 42 U.S.C. 1996 ), the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), and the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ).
(c) Protection of conservation areas
In order to protect the resources and values of National Conservation System units, the Secretary, as appropriate, shall utilize authority under this Act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established.
(d) Sovereign immunity of Indian tribes
Nothing in this section shall be construed so as to waive the sovereign immunity of any Indian tribe.

 

[Hefty1]

Fees, penalty's, royalty's, They think we are getting something for free. They just don't know how hard of work this is, and what it costs us to do this work.
8% royalty.... I will not give the lazy Bitc.es a penny.

I will write earthworks and invite them to come work my claim. Bring your own food, drink, and tools. Lets see how many accept, then I will send that to D.C.

 

[timberjack]

How much does the govt. Recieve in claim fees a year? How many people does the mining industry employ in the western u.s. directly or indirectly? The 1872 mining act gives all americans a chance to make a discovery. If you dont keep your claim up it is available to another to claim. Whats wrong with that system?

 

[augoldminer]

I don't know about other states but in calif i payed royalties on the mines i ran in the form of TAXES on any gold i found and taxes on my operations.
In calif a non operational mining claim is very low but the tax collector was there at the end of year you opened operations with a new tax bill on what they thought you were making from the mine.

The only good thing if this bill passes is that a lot more ground will be open for metal detecting as many mining claims will be abandoned and we will not have to pay royalties

 

[2cmorau]

http://www.interior.gov/oig/news/testimonies/upload/KendallCoalTestimony07092013.pdf, one evil women​

Coal management is a high-dollar program for the Department. In fiscal year 2012, the Department collected $876 million in coal royalties, and over $1.5 billion in bonuses from six lease sales. The budget for coal management is approximately $9.5 million.
remember BO you all voted for, veto keystone pipeline told you all elec prices will go up, cuz he so likes the Coal industry


small miners pay property taxes, filing fees, then we have our expense working a claim, like hefty said, put them lazy arse basting MF on a claim with a number two and a highbanker

 

[diverrick]

Now Ain't that a *****!!! Just when we see the light at the end of the tunnel, it turns out to be a train! This sucks. If they change that law, we are done for.

 

[Asmbandits]

The part I just don't see more than any is there fight on pollution, they say we pollute the air?? How many large scale hard rock operations are even still running in ca mabey a handful? To stretch the truth so far and exadurate there point so much is sad.. So offensive and ridiculous as I'm sure probably 95% of hard rock mines are so small scale that nothing in there rant would apply. My God what is this world coming to, nothing but liars driven by dollar signs..

 

[rockygulchJoe]

"If we can't grow it we must mine it"
There's no way around it, Farming and mining require digging large amounts of DIRT!

I am for reasonable reclamation and clean water aren't all miner's? You..environmental mobs (greenback-"greenies")* that produce absolutely nothing but propaganda,lies,and suffering, you are an prime example of why
D and F are incompatible as* D....... is majority-rule 'but' Freedom is self-rule.

Some green-poser past me on the road* awhile back in a new prius. That car uses who knows how many pounds of lead, copper and other metals to make. This is what got me... the bumper sticker "All Dirt is Sacred"

Take away their switches, faucets and fancy rides and the importance of mining will become all too apparent.

 

[SLNugget]

513. Savings clause

(b) Effect on other Federal laws
The provisions of this Act shall supersede the general mining laws, except for those parts of the general mining laws respecting location of mining claims that are not expressly modified by this Act.

The General Mining Law = 1872 Mining Law Anyone know ?

 

[Asmbandits]

Another thing I don't understand or how it could hold any validity is the trem "introduce". Be it in placer or hard rock mining, there is nothing being introduced, by definition that would mean bringing in other substances, yet everything we are working with is already there. We're simply moving earth very short distances, nothing is introduced that wasn't already there. There will actually be less arsenic and mercury then before in these situations. Were paying for the actions of things that happened over 100 years ago, we have adapted with technology, knowledge and the strictest of regulations and actually clean the earth from these elements. If my 6 year old daughter can understand that why can't they?

 

[SLNugget]

Please refrain from the political statements. The opposition is not talking about coal or oil. They are targeting gold, copper, uranium, lead etc. How much in royalties were paid by the large gold and copper mines in AZ, NV and a few other states? I do not know but suspect it was "0". I will find out and what the production was if possible. The 8% royalties are only for those who gross income from mining is over $100.000.00 for you and all associates combined. At least that's the way I read the proposed bill. Beleive me, I do not support it in any way. Just playing devils advocate here.

On the other hand, how much did the large mines contribute to the US economy? And also to the security of the USA? I am hoping the large mining corps are fighting this thing tooth and nail.

Here is another link to the oppositions viewpoint: EARTHWORKS | General Mining Law of 1872

We small scale miners have an uphill battle to prevent this bill from becoming law. We need to speak with a national voice, like the NRA, but I do not see that happening anytime soon. And later is too late IMO.

 

[Asmbandits]

Please explain how to refrain from political comments when the very nature of the topic being discussed is mostly if not all political? Drives me crazy every time I open a thread and see this, here we are all talking about the subject and our rights and seems like some forget we have the freedom of speech, especially on a public forum where the topic of the thread is completely political.... ?

 

[SLNugget]

Please explain how to refrain from political comments when the very nature of the topic being discussed is mostly if not all political? Drives me crazy every time I open a thread and see this, here we are all talking about the subject and our rights and seems like some forget we have the freedom of speech, especially on a public forum where the topic of the thread is completely political.... ?

Members opinions and feelings about political leaders and parties are counterproductive to resolving this issue. And if I am not mistaken not allowed by Treasurenet. The focus point here IMO is how we as small scale miners can prevent passage of this bill.