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Karen Knudsen - May 07, 2008
Clark Fork Coalition/Rock Creek Alliance

Mining Reform
Things were different in 1872.

The U.S. population was close to forty million, and the West had only a meager one million residents. Women and minorities were not allowed to vote. And Montana was not even a state.

Given the politics, the demographics, and the rush to open up the vast American West, it may have made sense to pass the 1872 Mining Law. A law that made public lands available to companies for five dollars an acre or less, giving a pretty good deal to settlers willing to help uncover a young nation’s resources.

One hundred and thirty-six years later, it’s a very different world, with a vastly smaller American West. Yet somehow, the 1872 Mining Law hangs on and is still used as a very out-of-date guide for how we treat the West’s celebrated lands and waters.

The fact is, mining in 2008 is dramatically different than it was in 1872. Today’s mines are massive, industrial complexes that move more earth, reroute more rivers, and produce more waste than any other industry.

Yet the archaic 1872 Mining Law allows mining companies to carry out their business, earning substantial profits while laying waste to lands that all of us own. The public receives no compensation for the minerals taken. Taxpayers receive no royalties to help offset cleanup costs. And—because the 1872 mining law neglects today’s environmental standards and reclamation requirements—those costs can be enormous, ranging from tens to hundreds of millions of dollars.

The problems stemming from this outdated law are strewn all over the West. Tens of thousands of abandoned mines scar the landscape, many emitting an orange-red, acid-laced runoff. These mines have poisoned more than 16,000 miles of Western streams. One mine near Crested Butte, Colorado is expected to dump hundreds of thousands of gallons of contaminated mine water into the town’s watershed.

And here in western Montana, the proposed Rock Creek Mine in the Cabinet Mountains Wilderness threatens to wipe out fish and wildlife, and pollute the Clark Fork River … forever.

We have to wonder when enough is enough.

Is it when we add one hundred thousand abandoned mines to the five hundred thousand already pockmarking the western landscape?

Is it when estimated cleanup costs from hardrock mining reach one hundred billion dollars, doubling the estimated fifty billion dollars in cleanup costs that exist today?

Or is it when eighty percent of the West’s watersheds are polluted by mining waste, as opposed to today’s forty percent?

Several individuals and groups have called for meaningful reform of the 1872 Mining Law—reform that is not meant to punish mining companies, but rather to make them accountable. It should include paying royalties, stopping land giveaways, providing for more agency control over the permitting process, and providing additional funds for cleanup, instead of leaving it all to taxpayers. The mining law needs to be overhauled to reflect modern environmental standards. In 2006 alone, the metal mining industry disposed of 1.2 billion tons of toxic chemicals—more than any other industry.

In November 2007, the United States House of Representatives passed HR 2262, the Hardrock Mining Reform and Restoration Act—a bill that no longer gives mining claims on public lands priority over other activities, such as hunting, fishing, and recreation. Now the United States Senate is taking a crack at a mining reform bill, as well.

These reform efforts are essential. And they are urgently needed for protecting areas we love, such as the Cabinet Mountains. This crown jewel of the national wilderness system is threatened by the Rock Creek Mine, a massive underground copper/silver mine that—if built—will pose huge risks to water, wildlife, wilderness, and local economies.

The company behind this project—Revett Minerals—says its mine will mirror the Troy Mine. However, that’s not all that reassuring, given the fact that the Troy Mine had an underground cave-in that killed a miner in July 2007 and has been cited by federal regulators for its unsafe conditions and shoddy practices several times since then.

Looking at this kind of track record, it seems irresponsible to allow Revett to build another mine. Particularly one that could drain alpine lakes, permanently pollute the Clark Fork River, drive away wildlife, wipe out bull trout, and put human lives at risk.

Reforming the 1872 Mining Law is the first step to ensuring that our wild places, our Cabinet Mountains, are protected for years to come. To help stop the Rock Creek mine and protect the irreplaceable watersheds of Montana and the West, visit saveourcabinets.org and e-mail Governor Schweitzer and our members of Congress. Tell them to support reform of the 1872 Mining Law and speak up against destruction of the wild areas that are central to everything we care about in the West.

On behalf of Rock Creek Alliance and the Clark Fork Coalition, I’m Karen Knudsen.

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Northwest Area Foundation Grant Funds News Reports on Poverty Issues
Over the next two years the Montana Public Radio News Department will be presenting regular feature stories about issues of poverty in Montana. This project is made possible with a two-year, $78,500 grant from the Northwest Area Foundation. The funding will enable Montana Public Radio to add a half-time reporter to its staff for the duration of the project, as well as cover costs for field recording equipment and travel throughout western and central Montana. News Director Sally Mauk says, “I’m excited about the project and the opportunity to get our news staff out to many Montana communities to report on such an important and timely topic.”

The Northwest Area Foundation approached Montana Public Radio with this opportunity for funding coverage of poverty issues, after beginning successful projects with Minnesota Public Radio and Seattle’s KUOW last year. The Northwest Area Foundation’s mission is to help communities in an eight-state region (including Montana) reduce poverty. www.nwaf.org.
 
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