In the days before modern environmental laws, and in a rush to develop America’s natural resources to spur westward expansion and meet the needs of the industrial revolution, we made some mistakes. These mistakes left scars on the landscape in the form of unrestored abandoned mines, unmitigated waste rock piles, and degraded water quality from abandoned mines discharging acid mine drainage directly into surface water systems. Fish, wildlife, underserved communities, domestic water supplies, and agricultural interests bear the brunt of this pollution still today.
Additionally, unlike all other extractive industries, the federal government does not receive royalties on hardrock mining. Cleanup bonds, meanwhile, are chronically inadequate. The result is limited resources available for remediation. This problem is compounded by the estimated 33,000 abandoned mines that are polluting the environment today.
Today we have an opportunity to learn from the past and chart a path forward that protects sensitive lands and communities, provides for a sustainable and responsible domestic mining industry, and restores lands and waters impacted by historic mining practices. To do that, the Biden administration and the Interagency Working Group must fully explore three mining-related opportunities and ensure that all strategies are considered. These strategies track well with the administration’s desire for an all-of-government approach.
Mining reforms
Critical minerals are essential for a 21st century clean energy economy, but first we need to modernize our 19th century mining law. On May 10, 2022, the United States marked the 150-year anniversary of the General Mining Act of 1872. As domestic mineral production increases, the shortcomings of this antiquated law are all the more evident. Among the reforms that should be considered are a fair royalty, as well as providing public land managers with greater latitude to deny permits for mines that would have unacceptable impacts. These changes need to be grounded in science and support both fish and wildlife conservation and responsible resource extraction.
Funding for abandoned hardrock mine cleanup
If fully funded, the new $3 billion abandoned hardrock mine remediation program, authorized under the 2021 Bipartisan Infrastructure Law and administered by the Department of the Interior, would spur an all-hands-on-deck effort to clean up the tens of thousands of abandoned hardrock mines that are polluting lands and waters across the West. But we need Congress to fund the program. Appropriations are one way, and the fiscal year 2023 budget should provide robust funding to stand up this vital program. Going forward, we need dedicated funding through a fair and reasonable royalty on hardrock minerals extracted from federal public lands. Critical mineral development should help fund legacy mine cleanups while also helping to power our future.
Good Samaritan protections
Well-qualified organizations like Trout Unlimited and state mine remediation agencies stand ready to help clean up abandoned mines that pollute rivers and streams, including an estimated 40 percent of western headwater streams. But liability issues present significant hurdles. Bipartisan “Good Samaritan” legislation (S. 3571) for abandoned mine cleanups sponsored by U.S. Sens. Martin Heinrich (D-NM) and Jim Risch (R-ID) would begin to address those obstacles. Importantly, it is possible to recover critical minerals from historic mine waste, meaning that cleanups can not only improve the health of the environment and communities, but also help meet demand for critical minerals.
Metals such as lithium, cobalt, and nickel are vital to the transition from fossil fuels to renewable energy, and this is a 21st century challenge. We need 21st century policies to ensure a responsible path forward while protecting our hunting and fishing traditions, and these policies must fully account for impacts to fish and wildlife habitat and public lands.
