A Comparison Of Reclamation Requirements And Costs Under State And Federal Hard-Rock Mine Reclamation Laws

Under various state laws enacted mostly within the last 20 years, reclamation requirements and standards for hard-rock mining operations have been established virtually everywhere in the western United States. Unlike the uniform and detailed coal mine reclamation requirements under the federal Surface Mining Control and Reclamation Act ( "SMCRA" ) and state programs mode led after SMCRA, the various state law hard-rock mine reclamation requirements are based upon a variety of objectives, and therefore are subject to varying standards from state to state. While the diversity of reclamation requirements complicates the determination of what reclamation measures will be required at any particular mine, there are valid reasons for this diversity. There are dozens of different commodities mined in the United States, and mining methods are different for each commodity. Local natural conditions such as climate, precipitation, geology, hydrology, and biology vary widely across the county. Site-specific conditions also affect mining and reclamation methods. Also, factors such as economics, land use, and environmental protection issues receive different priorities in different states and communities within those states. State reclamation requirements in general provide the flexibility to consider site-specific circumstances, allowing operators to design and engineer the best reclamation measures for each mining site. To the mine developer or manager, reclamation requirements must be translated into design, operational, and closure measures for mine planning. Each of these measures must then be assigned additional costs to be factored into the economic decisions for a particular mining operation. On a broader level, reclamation costs must be factored into decisions such as where to invest in exploration and mine development. The purpose of this paper is to provide a summary of the state non-coal mine reclamation requirements in twelve western states. This summary comparison may be useful as a starting point in considering how local reclamation requirements will impact potential mining costs.