Coalition calls for new mining laws

Backed by an American president from the waning years of the Wild West, a coalition of Montana politicians, sportsmen and conservationists on Wednesday gathered at the Missoula County Courthouse to urge Congress to dismantle the 1872 General Mining Law.

A re-enactor portraying President Ulysses S. Grant, who signed the hardrock mining law as part of the federal government's push to settle the West, signed a proclamation calling for mining regulations to be overhauled to reflect modern environmental standards.

The 1872 mining statute governs the extraction of uranium, gold and other hardrock minerals on federal lands in the West.

Mining is a major toxic polluter in the West, where nearly 40 percent of stream headwaters have been contaminated by hardrock mining, according to the U.S. Environmental Protection Agency.

The metal mining industry disposed of or released 1.2 billion tons of toxic chemicals in 2006, more than any other industry, according to the federal government.

The nonprofit Environmental Working Group earlier this month released a report that showed a 50 percent increase in active mining claims near communities in the West.

“Though the profile of the West has shifted dramatically, the mining law remains a relic” of a time when minerals were extracted by pickaxes and pack mules rather than giant industrial equipment, David Ellenberger, a spokesman for Montana Conservation Voters, said during Wednesday's rally in Missoula.

“In this day and age, our land and water are much more precious than gold,” said state Rep. Michele Reinhart, D-Missoula.

The group also presented a petition signed by 27 current and former local and state officials in Montana who support reform of the 1872 law, which gives priority to mining over other uses on some federal lands.

The U.S. House last year approved a broad overhaul, the Hardrock Mining and Reclamation Act, that would prohibit the sale of federal lands to mining companies.

It also would require the mining industry for the first time to pay royalties of up to 8 percent of gross income from mining on federal lands. Coal, oil and gas companies pay royalties from 8 percent to 16 percent for using federal lands.

The mining royalties would go into a fund to clean up the estimated 500,000 abandoned toxic mines nationwide, including 2,000 in Montana.

Advocates for the House bill said the royalties would generate about $310 million for environmental cleanup over 10 years, while the new user mining fees would reduce government spending by $380 million over the same period and streamline permitting. A nationwide mining cleanup would cost about $50 billion, environmental groups say.

The House bill would balance mining and other uses of federal lands, including recreation, hunting, fishing, wildlife and forest health.

The U.S. Senate, which has held several subcommittee hearings on mining reform, is expected to consider a bill in April or May. Montana Sens. Max Baucus and Jon Tester, both Democrats, have not taken a position on the issue.

The Grant re-enactor, who appeared at the U.S. Capitol last year, stopped in Missoula as part of a four-state Western tour sponsored by the Pew Campaign for Responsible Mining.

“We want to make sure our public lands managers have the chance to say no” to mining that damages streams, forests and other natural resources, said Land Tawney, senior manager for Sportsmen for Responsible Mining. “Montana has a rich heritage of hunting and fishing that should be preserved for future generations.”

Joe Josephson of the Outdoor Alliance said the 1872 law was an example of “19th century values and policy dictating 21st century land usage and technology. We don't want to stop mining, but we demand basic fairness of how our public lands are used.”

The main industry group, the National Mining Association, opposes the House bill but might support a more limited bill in the Senate, said industry spokesman Luke Popovich.

He said the House bill imposed excessive royalties and that the mining industry is highly regulated and working to reduce the amount of pollution it produces.

He said the mining association expected bipartisan support for a less restrictive bill when the Senate takes up the issue.

Copyright © 2008 Missoulian