Biden Administration aims to rewrite U.S. mining laws
During the month of July, the Interagency Working Group (IWG) on Mining Regulations, Laws, and Permitting, hosted mining reform webinars for the public to gather recommendations and information to evolve the regulations, laws and permitting processes surrounding hardrock mining in the United States.
The Biden-Harris Administration released a Fundamental Principles for Domestic Mining Reform report in February 2022 outlining nine new goals for U.S mining practices, while working to change hardrock mining policy to embody strong environmental, sustainability, and safety standards along with more Tribal input.
The report states, “we must ensure that our actions are conducted with strong environmental, sustainability, safety, Tribal consultation and community engagement standards so that the American public has confidence that the minerals and materials used in our electric vehicles, smartphones, solar panels and other technology are sourced under responsible social, environmental and labor standards and that the Administration wisely stewards our shared natural resources for Americans today and future generations.”
Hardrock mining standards are based on the General Mining Law of 1872. For 150 years the law has governed the mining of most critical minerals, along with gold, copper, silver, lithium and uranium. The basis of the mining law is to allow individuals or corporations to stake claims on any mineral discoveries on public domain lands. Public domain lands are defined as lands that are “retained under federal ownership since their original acquisition by treaty, cession, or purchase as part of the general territory of the United States."
It is important to note that only hardrock minerals are covered under the 1872 mining law, but not oil or gas. The purpose of the law was to promote mineral exploration and development in the West. As of 2014, 19 states were susceptible to mining under the 1872 mining law:
Source: U.S. Bureau of Land Management. Map graphic from Ballotpedia
However, there are major flaws of the General Mining Law. First, there are no set environmental or reclamation standards for the mining projects. Also, no royalty stipulations within this law meaning that profits generated from extraction leave the local economy contrary to other extractable resources. In order to have a comprehensive permitting process, responsible mining standards need to be established. These claims also harm tribal land as many mining claims do not respect the Tribal treaty rights that were in place prior to the discovery of minerals. It is crucial that reclamation initiatives are funded, critical habitats are protected, there is allowance for tribal and local community input, and federal land-use assessments are utilized.
It is time to revise our outdated mining laws to incorporate our nation’s sustainability goals. Many mining projects put species, habitat, and the environment at risk for degradation. Many mining projects in Idaho have degraded critical river habitat for endangered fish species. Protecting our rivers requires reform of our current mining laws. At Idaho Rivers United, we believe a comprehensive approach is necessary when it comes to mining permitting, laws, and regulations in order to help mitigate some of these negative impacts.
