Congress sees lode of flaws in mining law

"Once the mining claim is patented, nothing ... says that it has to be actually mined," complains Rep. Nick Rahall (D) of West Virginia. "The land is now in private ownership. People are free to build condos or ski slopes on the land."

Reps. Rahall and Shays are cosponsors of legislation that would impose an 8 percent royalty on hardrock mining, set up a fund using royalty revenues to reclaim abandoned mines, end patenting, and require mine operators to restore disturbed areas to premining vegetation and wildlife habitat conditions.

For years, environmental groups have battled the mining industry over reclaiming public lands torn up and polluted by mining. So, too, have budget watchdogs critical of the lack of royalties.

"Mining on US public lands represents one of the greatest taxpayer heists in history," says Jill Lancelot, legislative director of Taxpayers for Common Sense, a private government spending watchdog group in Washington.

Mine law reformers were not cheered by the 2000 presidential elections. President Bush received more industry contributions than any other campaigner, and his administration includes former mining-industry lobbyist J. Steven Griles as deputy secretary of the interior. But Mr. Griles has told miners he's "wearing a new hat" now and that he must "look at [their] problems from a number of different perspectives." His boss, Interior Secretary Norton, hints that the Bush administration is open to changing the law.

"It is my belief that it is time for the mining law to be reformed and reauthorized," Ms. Norton wrote to Rep. Rahall, the senior Democrat on the House Committee on Resources. "We have an historic opportunity to resolve longstanding and contentious issues in a way that provides stability to the industry and improves our environment."

There are also indications that the mining industry – a powerful economic force across the West – could be ready for changes in the law as well.

"The mining industry supports amendments to the General Mining Law that will provide a fair return to the government on the use of federally owned lands and creation of an abandoned mine land program funded by industry dollars, among other provisions," says Jack Gerard, president of the National Mining Association, an industry trade group headquartered in Washington.

Mr. Gerard adds that this includes "compliance with the full range of federal and state environmental laws that strictly regulate mining activities – including reclamation of mining sites."

The devil will be in the details, of course. And this isn't the first attempt to change the law. But, 130 years after former president Grant signed it, the General Mining Law could well make the leap from the 19th to the 21st century.

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