In Key Hearing, Heinrich Calls For Hardrock Mining Policy Reforms

WASHINGTON (Oct. 5, 2021) – Today, U.S. Senator Martin Heinrich (D-N.M.), a member of the Senate Energy and Natural Resources Committee, participated in a hearing to examine and consider updates to the Mining Law of 1872. 

VIDEO: Heinrich Calls For Hardrock Mining Policy Reforms [HD DOWNLOAD LINK HERE] 

Senator Heinrich has long championed efforts to modernize the nation’s out-of-date hardrock mining laws that have remained relatively untouched since they were established by President Ulysses S. Grant. 

During the hearing, Senator Heinrich pointed out that under current mining laws, there is no way for the U.S. Forest Service to determine whether proposed mining activities are in the best interest of the public. 

In 1991, spring runoff caused a deluge of mine waste to flow into the Pecos River, triggering an enormous fish kill and costing the State of New Mexico more than $28 million in clean-up costs. Currently, in northern New Mexico, a mining company is planning to open an exploratory mine for gold, copper, and zinc in the Pecos Valley. Senator Heinrich introduced the Pecos Watershed Protection Act to withdraw all federally-managed minerals in the watershed and would prevent leasing, patent, or sale of all publicly-owned minerals, including oil and gas as well as gold, silver, copper, and other hard rock minerals.

Heinrich said in the hearing, “As we consider these reforms – royalties, reclamation fees, claim fees – we also need to include the voices of the communities that live daily with the consequences of mine pollution.” 

Panel witness and President and CEO of Trout Unlimited Chris Wood expressed to Senator Heinrich during the hearing that, “It’s shocking that federal land managers […] don’t have the ability to say ‘no’ to a mine. If the mining industry follows its steps, it’s the only use of our public lands that they that they don’t have the discretion to say ‘no’ to.” As it stands, mining is the only use of America’s public lands where relative federal agencies do not have the ability to deny permits, even if the new mine presents unacceptable impacts to local streams and rivers.

When asked by Senator Heinrich about who pays for cleanup of abandoned hardrock mines in the absence of reclamation fees and strong bonding authority, panel witness and Vice President of Taxpayers for Common Sense Autumn Hanna responded that this responsibility currently “does fall on taxpayers.”

Senator Heinrich has a history of fighting for legislation to require companies to pay royalties for extracting mineral resources like gold, silver, and copper from public lands, ensure that taxpayers aren’t on the hook for cleaning up abandoned mines, and prevent another toxic spill like the Gold King Mine disaster of 2015.

Recently, Senator Heinrich also secured a measure in the bipartisan Infrastructure Investment and Jobs Act that would establish the first-ever abandoned hardrock mine reclamation program through the U.S. Department of the Interior.

Hardrock mines and mining features are related to extraction of metals like copper, gold, silver, and uranium. When not reclaimed, many hardrock mines pose a hazard to public health and the environment. There are at least 140,000 abandoned hardrock mine features across the western U.S., with at least 22,500 known to pose an environmental hazard.

Under the program that would be created through Senator Heinrich’s measure, funds would be used to clean up federal, state, tribal, or private land and water resources that were used for, or affected by, hardrock mining activities by companies that no longer exist or went bankrupt. Half of available funds would be directly administered by the federal government on federal lands, and the other half would be distributed to States and Tribes to be administered as State and Tribal grants. 

Senator Heinrich’s provision authorizes $3 billion for the program.

An archived video of the hearing and a full list of witnesses and testimonies can be found by clicking here.