Denver Post, Mark Jaffe
Published November 21, 2008
President Ulysses S. Grant signed the General Mining Act in 1872 — and
since then, the law has remained largely untouched.
"It is a law that cries out for change," said U.S. Sen. Ken Salazar.
"When it was passed, the aim was to create incentives to take people
from the East to the West."
To that end:
• The act makes mining on federal land the top priority; a permit
can't be denied.
• A mining company pays no royalties on hardrock mining. Extractors of
coal, oil or gas must pay royalties.
• Mining can't be halted even if it affects rivers and streams.
The town of Crested Butte has fought against the law, appealing it to
the U.S. Supreme Court, sending its mayor to testify before the U.S.
Senate and adopting a tough watershed ordinance to try to protect its
drinking water.
"Crested Butte isn't alone," said Velma Smith, manager of the
Washington, D.C.-based Pew Campaign for Responsible Mining.
"All over the West, there are places at risk."
Since 2003, 50,000 public-land mining claims have been issued — a 50
percent increase, according to a study by Pew and the Environmental
Working Group.
The boom has touched small towns such as La Sal, Utah, and big cities
such as Las Vegas.
The law has led to the issuance of uranium mining permits within 3
miles of Grand Canyon National Park.
In the last session of Congress, a reform bill passed the House of
Representatives but stalled in the Senate.
"We couldn't reach a bipartisan consensus," said Bill Wicker,
spokesman for the Senate Energy and Natural Resources Committee.
The committee's chairman, Sen. Jeff Bingaman, D-N.M., is determined to
try again next session, Wicker said.
With a larger Democratic majority, including three new Western
Democrats — Colorado's Mark Udall, New Mexico's Tom Udall and Oregon's
Jeff Merkley — the balance may tip, said Smith.
In January, Crested Butte Mayor Alan Bernholtz testified before the
Senate Energy and Natural Resources Committee.
"The future of Crested Butte is dependent on your protection of our
water, our land and our economy," Bernholtz told at the committee.
"All this is at risk without reform of the antiquated 1872 mining law."
