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Position | Background | Issue | Impact
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| Position: |
| The Bureau of Land Management's October 2001 revisions to its Section 3809 regulations were necessary to achieve consistency with the recommendations of the National Academy of Sciences (NAS) in its report, "Hardrock Mining on Federal Lands," completed in 1999. The NAS study, requested by the governors of the Western States and mandated by Congress established a clear and scientifically based benchmark for appropriate environmental protections associated with hardrock mining on federal lands. Because the 3809 revisions maintain the rigorous environmental scrutiny required of each mining project, BLM does not need additional regulatory authority under Section 3809 to withhold permission for plans of operations based on environmental concerns.
Importantly, the revised 3809 regulations ensure adequate funds for reclamation by requiring financial guarantees for mining operations, a change to the 3809 regulations that was supported by the mining industry.
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| Background: |
| Hardrock mining operations are subject to numerous environmental laws and regulations at the local, state and federal level that are continually being updated to reflect the changes in America's modern mining industry. These laws include the National Environmental Policy Act, Clean Water Act, Federal Water Pollution Control Act, Clean Air Act, Endangered Species Act, and the National Historic Preservation Act (including protection of cultural or paleontological resources). In addition, mines must obtain approved operation and reclamation plans showing how each mine will comply with hundreds of regulatory standards established to protect surface and ground water, air quality, wildlife, and cultural resources.
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Issue: |
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Throughout the permitting process, there are numerous opportunities for regulators to withhold permission for an operation that fails to meet established environmental standards. The 3809 revisions amending the so-called "Mine Veto" provision, instituted in the final days of the Clinton Administration, do not change the rigorous environmental scrutiny required of each mining project. Further, as determined in the final 3809 environmental impact statement, the mine veto provision would have caused decreased mineral production worth up to $877 million, which would have resulted in a loss of up to 6,050 jobs.
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Impact: |
| Mining is a modern, high-tech, environmentally responsible industry providing minerals essential to the nation's economic growth and to maintaining our way of life. Laws and regulations governing mining should provide clear and consistent environmental guidelines that will facilitate good-faith compliance efforts by mine operators and attract needed capital to the domestic mining industry.
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