By Randall Coleman
Environment New Mexico
The Senate Energy and Natural Resources Committee, chaired by Sen. Jeff Bingaman, D-N.M., is working on the hardrock mining reform bill.
Reform is long overdue— the current federal hardrock mining act was signed into law by former president Ulysses S. Grant.
Known as the 1872 Mining Act, the law represents one of the last remaining public land giveaways, enacted in another era to lure settlers to the West. The law contains no environmental provisions and allows mining companies to conduct their business with little regard for wildlife habitats, water supplies or treasured lands.
In November, the House passed the Hardrock Mining and Reclamation Act of 2007, which includes a number of important environmental and economic provisions. Among the provisions, the bill would end the practice of patenting of public lands by which a mining company can buy mineral bearing public land for less than $5 per acre.
The bill would also institute an 8 percent royalty for new mines and 4 percent royalty for existing mines, with the majority of revenues going into a fund to clean up abandoned mines.
Currently, the mining industry pays no royalty for hardrock minerals despite the fact that other extractive industries like the coal, oil and natural gas industries pay between 8 percent and 12.5 percent. The Bureau of Land Management estimates that $982 million in hardrock minerals were taken from public lands in 2000— all extracted without compensating the American taxpayer. The funds from a royalty on hardrock mines could be used to begin to pay for the estimated $50 billion it would cost to reclaim the thousands of abandoned mines that litter the West.
Unfortunately, Senate Majority Leader Harry Reid opposes many of the House-proposed environmental safeguards, including a provision for local government to petition for putting sensitive lands off limit to mining and surface and groundwater protection. So does Sen. Pete Domenici, R-N.M., the ranking member of Bingaman's committee.
Sadly, mining is even subject to preferential treatment under the federal Clean Water Act and does not include protections for groundwater from mining operations.
The need for reform has become more pressing as record high prices for gold and uranium have led to a dramatic increase in new claims across the West. In New Mexico, the BLM estimates that hardrock mining claims have increased 50 percent over the past four years.
It is critical that new environmental controls on hardrock mining be established if we are to protect our public lands and water.
The Senate needs to bring the mining act into the 21st century, and New Mexico has a big part to play in the outcome. New Mexicans need to let Bingaman and Domenici know that we want comprehensive hardrock mining reform that will protect our land and water for future generations and clean up the pollution left over from decades of irresponsible mining.
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