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Published: 12 December 2023 12 December 2023

Heinrich Legislation to Modernize Antiquated Mining Law Gains Momentum During Key Committee Hearing

VIDEO | BILL TEXT  

WASHINGTON – U.S. Senator Martin Heinrich’s (D-N.M.) Clean Energy Minerals Reform Act is gaining momentum after it was considered during a hearing in the Senate Energy and Natural Resources Committee today.   

 The Clean Energy Minerals Reform Act would modernize the nation’s severely antiquated Mining Law of 1872, addressing major environmental justice concerns, protecting the environment, and ensuring a fair return for the American people.  

VIDEO: Heinrich Legislation to Modernize Antiquated Mining Law Gains Momentum During Key Committee Hearing

During the hearing, Senator Heinrich opened his remarks by expressing that “The law that governs metal mining on most public lands in the West was written in 1872—more than 150 years ago... and yet, our hardrock mining law remains stuck in the 19th Century, right when we need to build the clean energy technologies of the 21st Century.” 

Senator Heinrich closed his remarks by saying that “We need responsible mineral development in this country, and public lands can play an important role in that development—but we can’t do that with the outdated law we have on the books. Mining Law reform can finally bring public land mining into the 21st century and provide the minerals we need for the energy technologies of today.” 

Background  

Regulation of hardrock mining in the United States has remained virtually unchanged for more than 150 years. This outdated system has allowed mining companies—many of which are foreign-owned—to extract more than $300 billion worth of gold, silver, copper, and other valuable minerals from U.S. public lands without paying a single cent in royalties to the American people. These same companies have left taxpayers with billions of dollars in cleanup costs for abandoned hardrock mines and other toxic mining pollution, which has already contaminated 40% of the headwaters of western watersheds. Indigenous communities are especially at-risk; the vast majority of clean energy minerals are found within 35 miles of Tribal lands.   

The clean energy transition is driving increased demand for certain minerals, making the need for mining reform even more urgent. The Clean Energy Minerals Reform Act updates requirements and standards for hardrock mining operations to be more similar to those that apply to oil, gas, and coal development on public lands.