Latest Attack on 1972 Mining Laws

Hoser John

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Mar 22, 2003
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Redding,Calif.
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:icon_scratch: A New Attack on the 1872 Mining Laws

by Hoser John » Fri Oct 24, 2014 6:58 am
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environmental and taxpayer inequities promoted by the outdated 1872 Mining Law.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.

Hoser John
 

Upvote 0
This will never pass the house, but we can either defeat this before it gets out of committee, or organize militias to protect our rights. The choice is ours. I see DeFazio, a wannabe Cali Liberal is pushing this. These are the most radical green movements afoot, NRDC, Earthworks, Sierra Club.
 

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The link says "oops,can't find the file". Does it even mention small scale mining or reasonably define it? Give us ANY of our rights back? I doubt it...we're ignored and forever punished.
 

Question...are they talking strictly about Hard rock mining? Is placer mining addressed in the document or even elsewhere?
Jeff, yes- should this pass there is huge trickle down effect to all mining, be it hard rock, placed, industrial, or small scale mining. The seek to modify and "modernize" our last and only real protection.

I've been thinking about this. It may not pass as it only has a 4% prediction to succeed, however that's irrelevant, we should be just as vigilant in shooting this down as we did, the not publishing the Rhinehart ruling. I know there are a lot of us "wackos" that pester our government representatives and entities with our letters, but I also understand that it's not everyone's cup of tea. I understand it's better to have individually written letters, but most don't have the time or want to get that involved. Doesn't matter we still need there "address" if you will, the only thing the politicians really care about or respond to is numbers (=votes & backlash). What I propose is we continue to write our individual letters but anytime a new issue comes to light we post a form letter for anyone to send in. The difference is; in bold writing at the top of each envelope we list the legislation number, opinion, whatever in big letters with "for" or "against" after it and send it certified mail. Again we need a presence, we've got to get everyone stepping up and inundating these a-holes with letters everytime they think of mining.
 

Remove the correct brick in any wall and it all crumbles down-we are ALL in the same boat be it hardrock,placer,drift,open pit as they wish-John
 

I would like to see earthworks stake and mine a claim under the currant laws, they would find that it is not as easy as they think it is to mine for any mineral. It cost millions to open a large scale operation, that's before any profit is seen. small scale operations cost lots of money also, claim costs, bonding (which should not be for the small miner, just how much DIRT do they think you can turn into sand? equipment cost. as for $5/ acre land , show me! I want some. there were no tax payers in 1872, so saying that mining takes from the tax payer (then)is an incorrect statement. as for now the mines DO pay tax's on the gold produced.
 

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