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)
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
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.
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
Toxic Substances Control
Act
Surface Mining Control
and Reclamation Act
Wild and Scenic Rivers
Act
BLM Surface
Management Regulations
Forest Service Surface
Management Regulations
Soils
Stabilization
Sediments, Erosion and
Drainage
Surface Restoration
Vegetation
Excess Waste
Structures
Hydrologic Balance
Surface Water Quality
Ground Water Quality
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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