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The Mining Law governs access to federal lands
for locatable hardrock mineral activities
◦ It is not an environmental statute and doesn’t need to be
◦ It is intended to encourage development of our nation’s
natural resources
◦ Locatable minerals include both metallic minerals (gold,
silver, lead, copper, zinc, nickel, etc.) and nonmetallic
minerals (fluorspar, mica, certain limestones and
gypsum, tantalum, heavy minerals in placer form and
gemstones).
◦ Amended by the Federal Land Policy and Management
Act (FLPMA)
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Facts:
U.S. metal mines directly contributed $19.1 billion
to U.S. GDP during 2008.
That contribution generated a total of $36.8 billion
in economic output in the United States in 2008.
Metal ore mining generated $14.6 billion in direct
labor income and $36.3 in total.
A recent PWC study reports that more than
400,000 Americans are directly employed in
minerals mining jobs, and another 700,000 jobs
are indirectly supported by mining
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Facts:
The Mining industry has been on record for the
last 15 years as supportive of a reasonable royalty
that allows the industry to remain competitive
The industry supported the 1995 bill vetoed by
President Clinton that would have imposed a 5 %
net proceeds royalty
◦ If that law had passed, millions of dollars would have
been collected for cleanup of legacy mine sites that
predate modern environmental laws
Facts:
 The environmental impacts of mining on federal
lands are already fully addressed by a
comprehensive range of federal and state laws
and regulations.
 Congressionally Mandated NAS Study:
Federal and state laws are
“generally effective” in providing
environmental protection.
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Clean Air Act
Clean Water Act
Safe Drinking Water Act
Resource Conservation
and Recovery Act
Endangered Species Act
National Historic
Preservation Act
Wilderness Act
Mining in the Parks Act
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Toxic Substances Control
Act
Surface Mining Control
and Reclamation Act
Wild and Scenic Rivers
Act
BLM Surface
Management Regulations
Forest Service Surface
Management Regulations
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Soils
Stabilization
Sediments, Erosion and
Drainage
Surface Restoration
Vegetation
Excess Waste
Structures
Hydrologic Balance
Surface Water Quality
Ground Water Quality
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Air Quality
Fish and Wildlife
Inspections
Administrative Orders
Financial Assurance
Permit Suspension or
Revocation
Injunctions
Civil and Criminal
Penalties
Fact: The Federal Land Policy and
Management Act requires prevention of
“undue or unnecessary degradation” of
public lands
 Mining that would cause such degradation
cannot be approved
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