[Congressional Record Volume 142, Number 63 (Wednesday, May 8, 1996)]
[Senate]
[Pages S4864-S4865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BUMPERS:
  S. 1737. A bill to protect Yellowstone National Park, the Clarks Fork 
of the Yellowstone National Wild and Scenic River, and the Absaroka-
Beartooth Wilderness Area, and for other purposes; to the Committee on 
Energy and Natural Resources.


                 the yellowstone protection act of 1996

  Mr. BUMPERS. Mr. President, I rise to introduce a bill dealing with a 
proposed gold, silver, and copper mine to be operated by the Crown 
Butte Mining Co., a wholly-owned subsidiary of two Canadian companies, 
2\1/2\ miles north of Yellowstone National Park.
  They also propose to construct a 72-acre impoundment area with a dam 
that would be somewhere between 75 and 100 feet high, which would have 
a plastic lining on the bottom and some sort of a cap on top to keep 
oxygen away from the 5.5 million tons of tailings from the mining 
operation that would go into this impoundment area. The purpose of 
keeping the oxygen away from it is to keep the waste from turning into 
sulfuric acid.
  The President of the United States flew over this area last summer 
and promptly thereafter, by Executive order, withdrew 19,100 acres of 
land in the Gallatin and Custer National Forests in Montana.
  The President has the authority to segregate public lands, subject to 
valid existing rights, and keep that land from being used for mining 
purposes for a period of 2 years. Then the Secretary of the Interior 
has the right, pursuant to the Federal Lands Policy Management Act, to 
withdraw that land for 20 years.
  My bill would prevent approximately 24,000 acres of Federal land in 
the area from being used for mining, subject to valid existing rights. 
My bill admittedly cannot legally stop Crown Butte from proceeding with 
the mine, assuming the proposed mine meets all of the environmental 
requirements. My bill and the President's action before my bill are 
designed to discourage them and dissuade them from doing it. I hope 
that Crown Butte, as good corporate citizens, will not force the issue 
and leave us to wonder whether or not this 5.5 million tons of tailings 
that they propose to impound there could possibly break loose and 
pollute Clarks Fork and Soda Butte Creek, which flows right into 
Yellowstone National Park.
  The American Rivers Association has listed, for the last 3 years, the 
Clarks Fork of the Yellowstone River as the most threatened river in 
America. The World Heritage Convention, which consists of more than 135 
nations that collaborate on what they consider to be sites of 
international significance, has declared Yellowstone National Park as 
endangered because of the proposed mine.
  All of that does not have to tell us anything. I went to Yellowstone 
when I was 12 years old--breathtaking. I never forgot any part of it, 
the geysers, the magnificent waterfalls--all of it. Here is the first 
national park in America, Yellowstone, a crown jewel. To allow a mining 
company, in the interest of extracting $500 million to $700 million 
worth of gold, silver and copper, to threaten to destroy the first 
national park in America, one of the real crown jewels of the world, 
not just America, is absolutely unacceptable.
  From a purely philosophical standpoint, I am an unrepentant 
environmentalist. I have not always been, because I never fully 
understood it until I came to the Senate. But I have come to the 
conclusion that if something is going to cause a lot of economic 
dislocation, cost a lot of jobs, and the environmental damage is 
temporary and can be fully, 100 percent mitigated, there are instances 
when that might be acceptable. But any time you cannot conclusively 
show that the environmental damage you are about to do cannot be 
mitigated, cannot be reversed, that is a no brainer to this Senator. 
While Crown Butte says that their impoundment area is a state-of-the-
art method of impounding these horrible, environmentally devastating 
tailings from that gold operation, that is a no brainer for us not to 
do everything we can to stop it.
  The American people share many heartfelt values. None is greater than 
the protection of our environment. Last year, when these savage 
assaults on the environment were proposed, the American people were 
vocally opposed and 74 percent of the people said they did not want to 
turn the clock back on the environment.
  So I hope I will attract both Democratic and Republican cosponsors to 
this bill, because I know the Republicans in the U.S. Senate, for the 
most part, are environmentalists. I know they share my concerns about 
the possible ecological disaster that awaits us if we do not do 
something to stop this mining operation from ever opening its doors so 
near to Yellowstone.
  Mr. President, I ask unanimous consent the bill which I now send to 
the desk be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1737

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Yellowstone Protection Act 
     of 1996''.

     SEC. 2. FINDINGS.

       (a) The Congress finds that--
       (1) the superlative nature and scenic resources of the 
     Yellowstone area led Congress in 1872 to establish 
     Yellowstone National Park as the world's first national park;
       (2) a 20.5 mile segment of the Clarks Fork of the 
     Yellowstone River was designated in 1990 as a component of 
     the National Wild and Scenic Rivers system, the only such 
     designation within the State of Wyoming, in order to preserve 
     and enhance the natural, scenic, and recreational resources 
     of such segment;
       (3) the Absaroka-Beartooth National Wilderness Area was 
     designated in 1978 to protect the wilderness and ecological 
     values of certain lands north and east of Yellowstone 
     National Park;
       (4) in recognition of its natural resource values and 
     international significance, Yellowstone National Park was 
     designated a World Heritage Site in 1978;
       (5) past and ongoing mining practices have degraded the 
     resource values of Henderson Mountain and adjacent lands 
     upstream of Yellowstone National Park, the Absaroka-Beartooth 
     National Wilderness Area and the Clarks Fork of the 
     Yellowstone National Wild and Scenic River, and acid mine 
     pollution and heavy metal contamination caused by such 
     practices have polluted the headwater sources of Soda Butte 
     Creek and the Lamar River, the Clarks Fork of the Yellowstone 
     River and the Stillwater River;
       (6) on September 1, 1995 approximately 19,100 acres of 
     federal land upstream of Yellowstone National Park, the 
     Clarks Fork of the Yellowstone National Wild and Scenic River 
     and the Absaroka-Beartooth National Wilderness Area were 
     segregated from entry under the general mining laws for a 
     two-year period, in order to protect the watersheds within 
     the drainages of the Clarks Fork of the Yellowstone River, 
     Soda Butte Creek and the Stillwater River and to protect the 
     water quality and fresh water fishery resources within 
     Yellowstone National Park;
       (7) because of proposed mineral development upstream of 
     Yellowstone National Park, and other reasons, the World 
     Heritage Committee added Yellowstone National Park to the 
     ``List of World Heritage in Danger'' in December, 1995; and
       (8) proposed mining activities in the area present a clear 
     and present danger to the resource values of the area as well 
     as those of Yellowstone National Park, the Clarks Fork of the 
     Yellowstone National Wild and Scenic River and the Absaroka-
     Beartooth National Wilderness Area, and it is, therefore, in 
     the public interest to protect these lands and rivers from 
     such mining activities.

     SEC. 3. PURPOSE.

       The purpose of this Act is to make permanent the present 
     temporary segregation of lands upstream of Yellowstone 
     National Park, Absaroka-Beartooth National Wilderness Area 
     and the Clarks Fork of the Yellowstone National Wild and 
     Scenic River from entry under the general mining laws, 
     restrict the use of certain federal lands, and to provide 
     assurance that the exercise of valid existing mineral rights 
     does not threaten the water quality, fisheries and other 
     resource values of this area.

     SEC. 4. AREA INCLUDED.

       The area affected by this Act shall be comprised of 
     approximately 24,000 acres of lands and interests in lands 
     within the Gallatin and Custer National Forests as generally 
     depicted on the map entitle ``Yellowstone Protection Act of 
     1996''. The map shall be on file and available for public 
     inspection in the offices of the Chief of the Forest Service, 
     Department of Agriculture, Washington, D.C.

     SEC. 5. MINERALS AND MINING.

       (a) Withdrawal.--After enactment of this Act, and subject 
     to valid existing rights, the lands segregated from entry 
     under the general mining laws pursuant to the order contained 
     on page 45732 of the Federal Register (September 1, 1995) 
     shall not be:
       (1) open to location of mining claims under the general 
     mining laws of the United States;
       (2) available for leasing under the mineral leasing and 
     geothermal leasing laws of the United States; and

[[Page S4865]]

       (3) available for disposal of mineral materials under the 
     Act of July 31, 1947, commonly known as the Material Act of 
     1947 (30 U.S.C. 601 et seq.).
       (b) Limitation on Patent Issuance.--Subject to valid 
     existing rights, no patents under the general mining laws 
     shall be issued for any claim located in the area described 
     in section 4.
       (c) Prohibition.--(1) Subject to valid existing rights, no 
     federal lands within the area described in section 4 may be 
     used in connection with any mining related activity, except 
     for reclamation.
       (2) Subject to valid existing rights, no federal department 
     or agency shall assist by loan, grant, license or otherwise 
     in the development or construction of cyanide heap- or vat-
     leach facilities, dams or other impoundment structures for 
     the storage of mine tailing, work camps, power plants, 
     electrical transmission lines, gravel or rock borrow pits or 
     mills within the area described in section 4. However, 
     nothing in this section shall limit reclamation.
       (d) Reclamation.--Any mining or mining related activities 
     occurring in the area described in section 4 shall be subject 
     to operation and reclamation requirements established by the 
     Secretary of Agriculture, including requirements for 
     reasonable reclamation of disturbed lands to a visual and 
     hydrological condition as close as practical to their 
     premining condition.
       (e) Mining Claim Validity Reviews.--The Secretary of 
     Interior, in consultation with the Secretary of Agriculture, 
     shall complete within three years of the date of enactment of 
     this Act, a review of the validity of all claims under the 
     general mining laws within the area described in section 4. 
     If a claim is determined to be invalid, the claim shall be 
     immediately declared null and void.
       (f) Plans of Operation.--(1) The Secretary of Agriculture 
     shall not approve a plan of operation for mining activities 
     within the area described in section 4 that threatens to 
     pollute groundwater or surface water flowing into Yellowstone 
     National Park, the Clarks Fork of the Yellowstone National 
     Wild and Scenic River or the Absaroka--Beartooth National 
     Wilderness Area.
       (2) Prior to granting an order approving a plan of 
     operations for mining activities within the area described in 
     section 4, the Secretary of Agriculture shall transmit the 
     proposed plan of operation to the Secretary of Interior and 
     the Administrator of the Environmental Protection Agency, and 
     the Governors of Montana and Wyoming.
       (3) Within 90 days of the date on which the proposed plan 
     of operations is submitted for their review, the Secretary of 
     Interior and the Administrator of the Environmental 
     Protection Agency shall either (1) certify that the proposed 
     plan of operation does not threaten to pollute groundwater or 
     surface water flowing into Yellowstone National park, the 
     Clarks Fork of the Yellowstone National Wild and Scenic River 
     or the Absoraka-Beartooth National Wilderness Area or (2) 
     make recommendations for any actions or conditions that would 
     be necessary to obtain their certification that the proposed 
     plan of operation will not threaten such pollution.
       (4) The Secretary of Agriculture shall not approve a plan 
     of operation unless (1) the Secretary of Interior and the 
     Administrator of the Environmental Protection Agency provide 
     the certification under subsection (f)(3) of this section or 
     (2) the plan of operation is modified to adopt the 
     recommendations made by them and (3) any comments submitted 
     by the Governors of Montana and Wyoming are taken into 
     account.
       (5) The Secretary of Agriculture shall not approve a plan 
     of operation for any mining activities within the area 
     described in section 4 that requires the perpetual treatment 
     of acid mine pollution of surface or groundwater resources.
       (6) Prior to executing a final approval of the plan of 
     operation, the Secretary of Agriculture shall transmit the 
     proposed final plan to the President and Congress. The 
     President and Congress shall have 6 months from the date of 
     submittal to consider and review the final plan of operation, 
     before the Secretary of Agriculture may execute any final 
     approval of such plan.
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