1872 Mining Law Under Attack

Facing an orchestrated assault from the anti-mining lobby and its congressional allies, the Mining Law of 1872 may soon be either dramatically changed or even repealed. In 1989, Sen. Dale Bumpers (D-AK) introduced Senate Bill 1126 entitled the "Mining Law of 1989." It has been through several hearings and is still in the Senate Committee on Energy and Natural Resources, where Sen. Bumpers is the number two ranking Democrat. In the House, Rep. Nick J. Rahall (D-WV) introduced the "Mineral Development and Exploration Act of 1990," HR 3866. This bill is in the House Committee on Interior and Insu¬lar Affairs. (The numbers on these bills, and perhaps some of their language, will be changed when they are reintroduced in early 1991. However, their substance is expected to remain substantially unchanged. Bill numbers here refer to legislation as it was numbered in the 1990 Congress.) In the eyes of its supporters, Bumpers' S 1126 appears to be more complete and has the inside track over the Rahall bill. Bumpers' bill includes provisions for royalties, bonding and reclamation. The Rahall bill is criticized by opponents of the Mining Law for its failure to include a royalty provision and for not having specific bonding and reclamation provisions.