Everyone who fishes for trout in the Frying Pan River or hunts elk on the Grand Mesa knows that Colorado has a rich fish and wildlife legacy. Yet any person who spends time in Colorado’s mountains knows that more than a century of hard-rock mining has created a different kind of legacy – one that continues polluting some of our most essential fish and wildlife habitat and has left a lasting impact on our state’s unique lands and waters.
While mining is a legitimate use of public lands, few laws are more in need of an overhaul than the 1872 General Mining Law, the most outdated natural resource law in the nation. Fortunately, promising legislation currently being considered by the U.S. Senate would implement long-overdue reform of this 137-year-old law – legislation that is benefiting from the support of Colorado’s leadership.
Both Sen. Mark Udall and Sen. Michael Bennet have said “yes” to responsible management of our shared natural resources and cosponsored Senate Bill 796, the Hardrock Mining and Reclamation Act. They deserve the appreciation of Coloradans for their action on this important public-lands issue, but we still need their help to assure the bill’s speedy passage into the law of the land.
American landscapes managed by the Bureau of Land Management and the U.S. Forest Service provide some of the most important fish and wildlife habitat and offer some of the finest hunting and angling in the country. Public lands encompass more than 50 percent of the nation’s blue-ribbon trout streams and are strongholds for trout and salmon in the western United States. More than 80 percent of crucial habitat for elk is on public lands. With the largest elk and mule deer herds of any state and trout streams that are world renowned, Colorado hosts a range of sporting opportunities that is second to none.
Yet under the 1872 Mining Law, signed into existence more than a century ago, mining trumps every other use of our public lands, including hunting and fishing. The law obliges the Secretary of the Interior to sell public land to mining companies, often foreign-owned, for as little as $2.50 per acre.
These companies freely extract all the gold, copper, zinc and other valuable minerals they can from these lands without paying a penny in royalties to us, the citizens who own them. Estimates place the amount of minerals given away by the United States in royalty-free mining and patenting at more than $245 billion – and counting.
The time for change has arrived.
The Hardrock Mining and Reclamation Act, introduced by New Mexico Sen. Jeff Bingaman, offers a common-sense approach to updating the 1872 law. The legislation would eliminate the sale of public lands to mining companies. It would empower the BLM and Forest Service to review “high value” lands for possible withdrawal from minerals development. It would establish royalties of between 2 and 5 percent on new mines located on public lands, requiring the mining industry to pay a reasonable fee to use resources owned by American citizens, just like other industries that operate on public lands. Finally, it would help reclaim the thousands of abandoned mines blanketing our lands, thereby restoring CommentsClose CommentsPermalink waterways and habitats that benefit Colorado’s fish, wildlife and people.
The fact that Americans depend on a strong and responsible mining industry is beyond dispute. Fortunately, Sen. Bingaman’s bill would assure a fair and positive future for hard-rock mining in America while conserving and maintaining our irreplaceable natural resources. This approach will secure important wildlife habitat and hunting areas, valuable fisheries, popular recreation sites and vital municipal water supplies for the benefit of every Coloradan.
Americans are rightfully proud of our unique public-lands legacy and want to see these iconic landscapes managed by laws that address the challenges of our modern world. Sens. Udall and Bennet deserve a big thank you from Coloradans for their dedication to conserving our outdoor heritage and improving our children’s quality of life by supporting the passage of hard-rock mining reform in Congress. Continued strong leadership from Colorado’s senators will help move this legislation one step closer to the president’s desk – resulting in a legacy of which residents of our state can be proud.
Don Gibbs is a retired engineer, avid outdoorsman and volunteer for the Federation of Fly Fishers, Eastern Rocky Mountain Council. He lives in Golden. EDITOR’S NOTE: This is an online-only column and has not been edited.
