Heinrich Discusses Need to Bring Hardrock Mining Law into the 21st Century & Re-Shore Critical Minerals Supply Chain
WASHINGTON — At a hearing this week, U.S. Senator Martin Heinrich, Ranking Member of the Senate Energy and Natural Resources Committee, discussed the need for legislation to bring public land mining into the 21st century and re-shore the critical minerals supply chain.
At the hearing, Heinrich underscored how the Mining Law that governs metal mining on most public lands in the West was written more than 150 years ago.
Heinrich stated, “Our hardrock mining law remains stuck in the 19th Century, right when we need to build the energy infrastructure of the 21st Century. Updating the 1872 Mining Law could bring public land mining into the 21st century and provide the minerals we need for the energy technologies of today.”
Additionally, Heinrich pointed out the urgent need to re-shore our nation’s supply chain away from dependence on foreign adversaries by investing in the entire lifecycle of minerals.
“This includes increasing our domestic mineral processing capacity, continuing the onshoring of manufacturing through the CHIPS and Science Act, and investing in recycling technologies so that we can reuse the minerals we already have,” Heinrich said.
Heinrich continued, “The fact that we export copper and rare earth minerals to China in the form of electronic waste is one of the more infuriating realities of our current system. We should be capturing and reusing the minerals present within our borders in devices, vehicles, batteries and machinery rather than paying to ship them overseas.”
Heinrich also emphasized the importance of securing minerals critical for new energy technologies while also protecting our water, air, and public lands.
“I believe it’s possible to open new mines while giving local communities a say in whether a particular location on public land is an appropriate place for a mine, just like we do with oil and gas. And I am confident we can find a way to finally fund the cleanup of legacy mine pollution that contaminates streams and rivers across the West,” Heinrich said.
Heinrich’s full opening remarks are below:
I’m glad we’re holding this hearing today on a set of issues that are critically important to people and communities across the nation, but especially in the West.
However, before turning to the topic of today’s hearing, it’s impossible to talk about any natural resource issue today without talking about the incredible damage being done to the workforce that manages those lands and resources for the American people.
The illegal firings of probationary staff—rumored to be just the beginning of staffing reductions—is already reducing access to public lands, with locked gates and closed visitor centers at parks across the country.
What’s more, as we’re considering legislation intended to increase mineral production on public lands, this administration is cutting staff and the land agencies that process those same permits.
With a voluntary resignation offer that encouraged some of the most experienced, highest performing staff at these agencies to leave public service, along with illegal firings of staff who were recently promoted because of their high performance, this administration is crippling the very public land agencies that evaluate plans for new mines.
Anyone one who was hoping for “government efficiency” out of this administration can see what we’re getting is government dysfunction instead.
Now to today’s hearing.
Modern technologies involve a lot of raw materials—and as our scientists and engineers find new and cheaper ways to generate and store energy, the types and quantities of minerals used in energy technologies will only continue to grow.
Responsible domestic mining and processing can be part of the solution—but we can’t get there with outdated laws that don’t reflect the nation’s needs and priorities today.
The law that governs metal mining on most public lands in the West was written in 1872—more than 150 years ago.
Yellowstone had been a national park for barely two months when the Mining Law was signed, and New Mexico would still be a territory for another 40 years.
We’ve learned a lot since 1872:
- How to manage public land for public benefit;
- How to conserve habitat for sustainable fish and wildlife populations;
- How to protect our drinking and irrigation water from heavy metals pollution; and
- How to ensure a fair return for the commercial development of resources that belong to the American people.
And yet our hardrock mining law remains stuck in the 19th Century, right when we need to build the energy infrastructure of the 21st Century.
Updating the 1872 Mining Law could bring public land mining into the 21st century and provide the minerals we need for the energy technologies of today.
But we’re here today to talk about more than mining, because mining alone won’t solve our supply chain dependence on adversaries unless we also invest in the entire lifecycle of minerals.
This includes increasing our domestic mineral processing capacity, continuing the onshoring of manufacturing through the CHIPS and Science Act, and investing in recycling technologies so that we can reuse the minerals we already have.
The fact that we export copper and rare earth minerals to China in the form of electronic waste is one of the more infuriating realities of our current system.
We should be capturing and reusing the minerals present within our borders in devices, vehicles, batteries and machinery rather than paying to ship them overseas.
I firmly believe we can find ways to secure the minerals we need for new energy technologies while also protecting our water, air, and public lands.
I believe it’s possible to open new mines while giving local communities a say in whether a particular location on public land is an appropriate place for a mine, just like we do with oil and gas.
And I am confident we can find a way to finally fund the cleanup of legacy mine pollution that contaminates streams and rivers across the West.
I hope that today’s hearing can be a step toward those goals.
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