[Congressional Record Volume 145, Number 8 (Tuesday, January 19, 1999)]
[Extensions of Remarks]
[Page E67]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    REFORM OF THE MINING LAW OF 1872

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                       Tuesday, January 19, 1999

  Mr. RAHALL. Mr. Speaker, today it is my privilege to introduce, once 
again, comprehensive legislation to reform the Mining Law of 1872. I am 
pleased to note that the distinguished gentleman from California, 
George Miller, and Peter DeFazio of Oregon are joining me in 
introducing this measure.
  Some may view the introduction of this legislation as a exercise in 
futility. They are those who benefit from the production of valuable 
hardrock minerals from certain federal lands without payment of either 
rent or royalty to the American public. They are those who benefit from 
the hodgepodge of minimal regulation governing the reclamation of these 
lands and the lack of suitable environmental safeguards to protect the 
American public. Yet others, others view the introduction of this 
measure as a ray of hope. They are those who are concerned that in the 
last year of the 20th Century the United States still actually allows 
multinational conglomerates to mine gold, silver and copper from our 
federal lands for free. They are those, countless citizens, who live in 
the vicinity of these operations, who must contend with maimed 
landscapes and polluted streams. And all of us must wonder, is this the 
type of legacy we wish to leave to future generations?
  The Mining Law of 1872 today is an anachronism that will not die. 
Enacted in an era when the policy of the United States was to populate 
the West partially by making free land and free minerals available to 
those who would brave an unsettled and wild region, it has resisted 
substantial reform despite countless attempts to modernize it and make 
it responsible to more current policies governing the management of our 
public domain.
  The bill we are introducing today is the very same which passed the 
House of Representatives by a three-to-one margin during the 103rd 
Congress. Reintroduced during the 104th and 105th Congresses, it was 
held hostage by the Resources Committee. Even under A Republican 
majority, I remain convinced that if allowed to proceed to the House 
floor, this bill or something similar to it would pass the full House 
of Representatives.
  The issue of insuring a fair return to the public in exchange for the 
disposition of public resources, and the issue of properly managing our 
public domain lands, is neither Republican or Democrat. It is simply 
one that makes sense it we are to be good stewards of the public domain 
and meet our responsibilities to the American people. This means that 
the Mining law of 1872 must be reformed.

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