Pressure grows to change "relic" law

By John Arnold 06/24/2008

The chorus for mining law reform is growing.

Citing a New Mexico gold mining proposal, the New York Times yesterday issued its argument for changes to the 1872 mining law, which the paper's editorial labels "flimsy" and "a relic of the boisterous era of Western expansion":

...the law gives hard-rock mining precedence over all other uses of the public lands, including conservation. It demands no royalties and provides minimal environmental protections. Its legacy, if it can be called that, is a battered landscape of abandoned mines and poisoned streams.


The Times notes that prices for gold, silver, copper and uranium have been soaring in recent years, enticing mining companies to file claims at "a record clip."  Local governments are raising alarms and turning to Congress for help. The Lincoln County Commission in New Mexico, for example, "is terrified by the prospect of a big gold mining operation in the nearby Capitan Mountains." The Commission has asked the Senate to amend the old mining law to give them a say in the matter, the editorial says.

Western governors, including Gov. Bill Richardson, are also asking for reform. They sent a letter to the Senate Energy Committee last week urging lawmakers to take action.  Richardson issued an additional statement yesterday:

“The 1872 Mining Law is a relic of frontier-era America, and inadequate to meet the needs of the modern West,” Richardson said. “We need new a mining law that fairly compensates taxpayers for the use of public lands, and adequately protect our precious water and most fragile landscapes.”


The House of Represenatives passed a bill last year that would require mining companies to pay royalties and would beef up environmental protections. It would also give local officials a bigger voice in mining decisions.

The bill is now in the Senate where, as the Times notes, majority leader Harry Reid, a miner's son, controls the agenda. The paper is calling on New Mexico Sen. Jeff Bingaman, the Energy Committee chairman, to convince Reid to allow a vote:

Mr. Bingaman himself strongly favors reform. What Mr. Bingaman needs to do now is draw up an actual bill, get it approved in committee and ask Mr. Reid to schedule a vote.
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