[Congressional Record Volume 148, Number 64 (Friday, May 17, 2002)]
[Extensions of Remarks]
[Pages E832-E833]
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

                         Thursday, May 16, 2002

  Mr. RAHALL. Mr. Speaker, Today I am introducing legislation which I 
have sponsored in one form or another since 1991 to reform the Mining 
Law of 1872.
  Last Friday was the 130th anniversary of the May 10, 1872, date 
President Grant signed into law the legislation that became known as 
the Mining Law of 1872. I first introduced reform legislation in 1991, 
during the 102nd Congress. And today, along with our colleagues Chris 
Shays, George Miller, Ed Markey, Ron Kind, Jay Inslee, Tom Udall, Mark 
Udall, Frank Pallone and Eni Faleomavaega, will reintroduce a 
comprehensive reform measure once again.
  Having been at it for over a decade, without gaining enactment of a 
bill, a logical reaction would be a sense of frustration. However, I do 
take heart in the fact that the effort to reform the Mining Law of 1872 
started just seven years after its enactment, in an 1879 recommendation 
of the first major Public Land Commission established by the Congress. 
In relative terms, I have been at it a short period of time.
  Certainly, the mining law has withstood countless reform efforts over 
its 130-year history. Its privileges--and it is a privilege to be 
deemed the highest and best use of public domain lands--have been 
protected by some powerful forces. These are the folks who benefit from 
the production of valuable hardrock minerals such as gold, silver and 
copper from federal public domain lands without paying a royalty to the 
American public. They are those who benefit from the hodgepodge of 
State regulation governing the reclamation of these federal lands and 
the lack of suitable environmental safeguards to protect the American 
public and the lands which we all own.
  Yet there are others, others who will view the introduction of our 
reform legislation as a ray of hope. They are those who are concerned 
that in the dawn of the 21st Century the United States still actually 
allows multinational conglomerates to mine valuable minerals from our 
federal lands for free. They are those, countless citizens, who live in 
the vicinity of these operations who must contend with a legacy of 
maimed landscapes and polluted streams.
  The bill we are introducing today is similar to the measure which 
passed the House of Representatives by a three-to-one margin during the 
103rd Congress.
  Unfortunately, a House-Senate Conference Committee in 1994 failed to 
arrive at a final product before adjournment.
  Today, 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.
  In fact, reform proponents have prevailed on every single occasion 
that an amendment dealing with the Mining Law of 1872 has been offered 
on the House Floor in recent years, usually within the context of the 
annual Interior Appropriations measure. For instance, the House has 
approved amendments to limit the

[[Page E833]]

issuance of patents, to limit the number of acreage available for waste 
disposal under millsite claims, as well as to uphold Clinton-era 
environmental requirements referred to as the `3809 regulations.'
  Indeed, perhaps the times are changing. Interior Secretary Norton, 
while rescinding most of the reforms contained in those `3809 
regulations' has endorsed certain reform principles such as the concept 
of a production royalty and revisions to the patent system. And even 
the youthful president of the National Mining Association, Jack Gerard, 
has been discussing reform options as well.
  The fact of the matter is that 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 if 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.

            MINERAL EXPLORATION AND DEVELOPMENT ACT OF 2002


                         SUMMARY OF PROVISIONS

       Maintains existing claim location system.
       Gives holders of hardrock mining claims exclusive right of 
     possession and use of the claimed land for mineral activities 
     if claim held in compliance with the Act.
       Makes permanent the $25.00 location and $100 annual claim 
     maintenance fees with an inflation adjustor. All monies 
     received from such fees would be dedicated to clean up of 
     old, abandoned hardrock mines in the West.
       Prohibits the issuance of patents for mining and mill site 
     mining claims except for those with grandfather rights.
       Reserves an 8 percent of the net smelter return royalty on 
     the production of hardrock minerals from any mining claim 
     under this Act; all moneys dedicated to the clean-up of 
     abandoned hardrock mines in the West.
       Requires mineral activities on Federal lands to be 
     conducted in a manner that minimizes adverse impacts to the 
     environment.
       Prescribes surface management guidelines for the granting 
     of permits. Requires applications for such permits to contain 
     both an operations plan and a reclamation plan, and evidence 
     of financial assurances.
       Mandates reclamation of lands subject to mineral activities 
     to a condition capable of supporting their prior uses, or to 
     other beneficial uses.
       Establishes national reclamation standards for hardrock 
     mining.
       Allows State standards for reclamation, bonding, 
     inspection, and water or air quality which either meet or 
     exceed Federal standards to be used in place of national 
     standards.
       Allows cooperative agreements for surface management 
     responsibilities between the States and the Interior 
     Department but prohibits outright delegation.
       Requires land use plans to identify areas unsuitable for 
     hardrock mining.
       Authorizes government to deny or condition permit approvals 
     as needed to protect special resources.
       Requires withdrawal of areas unsuitable for hardrock mining 
     from future mineral exploration and development.
       Declares persons in violation of the Act ineligible for 
     future permits.
       Establishes the Abandoned Locatable Minerals Mine 
     Reclamation Fund to be administered by the Secretary of the 
     Interior for the reclamation and restoration of land and 
     water resources adversely affected by past hardrock mineral 
     activities on public lands.
       Authorizes user fees to reimburse the United States for 
     expenses incurred in administering this Act.
       Prescribes procedural guidelines for public participation 
     requirements.
       Sets forth Inspection and Enforcement requirements.
       Authorizes citizen suits to enforce compliance.

       

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