Senator Bingaman’s Energy and Natural Resources Committee
now working on Senate version

In November, the U.S. House of Representatives voted 244 to 166 in favor of HR2262, the Hardrock Mining and Reclamation Act of 2007 sponsored by Representative Nick Rahall (D-WV) and Representative Jim Costa (D-CA). By reforming the outdated General Mining Law of 1872, this bill would protect public lands from irresponsible mining and safeguard critical drinking water supplies, fish and wildlife habitat and the health and wellbeing of our communities. (See Summer 2007 issue of GetAGRIP).

The 1872 Mining Law allows companies to buy valuable mineral bearing public lands for next to nothing -- $5 an acre- -- and take those minerals without paying the public any royalty. In New Mexico, more than 55,000 acres or 86 square miles of public lands have already been sold to private interests for either $2.50 or $5.00 per acre according to mining reform advocacy group, Earthworks. The law doesn't contain any environmental provisions and its legacy is hundreds of thousands of abandoned mines requiring an estimated $32 - $72 billion to clean up. Under the mining law, mining has been interpreted as trumping all other uses of public lands even if that mining would destroy special places or threaten valuable water supplies.

In response to HR2262's passage, Stephen D'Esposito, President of Earthworks, stated, "If this effort to reform the 1872 Mining Law is to succeed, leadership from the mining industry itself and from community and political leaders in western states is needed. Each of these states - from Washington to New Mexico - have been, and continue to be, adversely affected by this antiquated law and its lack of adequate protections for taxpayers and the environment."

Here in Grant County, over 51,000 acres of public lands have been claimed, the majority by Phelps Dodge, subsidiary of mining giant Freeport-McMoRan. Under the 1872 Mining Law, public land managers, such as the Gila National Forest, find it difficult to deny a mining application on public land. HR2262 would give public land managers the ability to balance mining activity with other uses, such as recreation. Another key provision of HR2262 would establish an 8% royalty on the value of the minerals extracted (comparable to the 8% to 12.5% royalty paid by coal, oil and natural gas extractors) to fund clean up of abandoned hard rock mines on public lands. Statewide, there are between 10,000 and 20,000 abandoned mines that need to be reclaimed. Grant, McKinley and Sierra counties have the greatest number of abandoned mine sites in New Mexico.

Mining reform would have very tangible environmental benefits to our Grant County community. New Mexico's Senator Jeff Bingaman, chairman of the Senate Energy and Natural Resources Committee, is now working on a draft of the senate version of HR2262. At a recent senate committee hearing on mining reform, ranking member, New Mexico's Senator Pete Domenici, made it clear that he would support only a watered down version of mining reform. It is critical that mining communities such as ours let our New Mexico delegation know that we support mining reform. Please take action today on behalf of our local environment and quality of life.

For more information:

TAKE ACTION TODAY!
Tell Senator Bingaman and Senator Domenici to support mining reform

Our senators from New Mexico are critical to passing REAL mining reform.

Industry lobbyists are urging our senators to vote against real reform of the antiquated 1872 mining law. Senators Bingaman and Domenici need to hear from Grant Countians who are bearing the cost of this outdated law.

Tell our senators to:

Senator Jeff Bingaman
703 Hart Senate Office Bldg
United States Senate
Washington, DC 20510
(202) 224-5521
(202) 224-2852 fax
Email the senator:
senator_bingaman@bingaman.senate.gov.

Senator Pete Domenici
328 Hart Office Building
United States Senate
Washington, DC 20510
(202) 224-6621
(202)228-3261fax
Email form at
http://domenici.senate.gov/resources/contactform.cfm

1872 Mining Law Reform Proposal Falls Short for
New Mexico, Western Communities

State and National Groups Call for Real Reforms

Washington, D.C., 1/25: Yesterday, the ranking member of the Senate and Energy and Natural Resources Committee, Senator Peter Domenici (R-NM), laid out an agenda for "reform" of the antiquated 1872 Mining Law that would not adequately protect taxpayers, communities and the environment from the potentially destructive impacts of hardrock mining.

"We have an opportunity to get mining law reform right, not simply endorse the status quo which would amount to "sham" reform," said Lauren Pagel, Policy Director for EARTHWORKS."We have an opportunity to enact reforms that protect communities, create real funding for abandoned mine cleanup and reward responsible mining companies, we should not abandon that opportunity."

The Senator's plan includes three important pieces of reform, but omits several key provisions needed to protect public lands, water resources and western communities. The Senator stated that he would only consider mining reform that contains these three provisions - a prospective and profits-based royalty, an end to patenting and the creation of an abandoned mine fund. The agenda was silent on protecting special places and significant public lands, giving western communities a voice in mine permitting and planning, and environmental protections.

"This type of sham reform should be unacceptable to any mining company that wants to be a good corporate citizen, protect western waters and communities and clean up abandoned mines," continued Pagel.

"A profits-based royalty that exempts mines currently operating on public lands is an insult to New Mexico's taxpayers," said Brian Shields, Executive Director of Amigos Bravos, a river conservation organization based in New Mexico. "The mining industry has already reaped billions of dollars in profit taking minerals from public lands for free. It is past the time for mining operations to start paying what they owe - a fair royalty on all mines based on the value of the mineral being taken from our lands. New Mexico needs this money to clean up the legacy of abandoned mines left by this outdated law."

One key item of reform that is missing from Senator Domenici's agenda is protections for water resources. The 1872 Mining Law facilitates mining and, unlike other laws that govern extractive industries, includes no environmental provisions. Instead, a patchwork of federal and state laws attempts to regulate the industry. This has led to spills and contamination and polluted 40% of the headwaters of western watersheds according to the US EPA. As modern mining problems have demonstrated, the current system fails to protect western water resources, public lands, and communities.

"It's clear that Senator Domenici is not aware of the devastating impacts that mining brings to rural communities and the environment. These communities suffer from the boom-and-bust economics of mining, while the environmental and public health impacts make creation of a sustainable non-mining economy difficult, if not impossible. Real and meaningful reform of the 1872 Mining Law must include clear standards make sure mining is conducted in the most responsible manner," continued Shields.

The Senator's plan leaves out another key piece of real mining law reform -- allowing mining to be balanced with other important land values such as drinking water, recreation and wildlife. Under the current interpretation of law, mining is considered the "highest and best use" of public lands, trumping all other uses.

1872 Mining Law reform must allow communities to protect drinking water sheds, valuable recreation areas and other vital resources.

For More Information:
Amigos Bravos, 505-362-1063
Gila Resources Information Project, 505-538-8078
EARTHWORKS, 202-887-1872x207