Update December 15, 2005: Following intense opposition from hunters, anglers, governors, local officials,  conservation groups and regular citizens, Representative Jim Gibbons (R-Nevada), original sponsor of the mining "reform" amendments, withdrew the provision from the budget reconciliation bill when political reality set in.

This is a huge victory for the environment and for responsible management of public lands.

The amendments were a below-the-radar-screen attempt to repeal the current moratorium on the "patenting" of mining claims under the 1872 Mining Law and, if approved by Congress, would have created the possibility of a massive sell-off of public lands to developers and others under the guise of "mining claims" thereby jeopardizing the integrity of the National Landscape Conservation System.

A copy of a letter from conservation organizations that helped turn this issue around is displayed below.

American Hiking Society · American Rivers · American Trails · Arizona Wilderness Coalition · Friends of Arizona Rivers · Friends of Sloan Canyon · Grand Canyon Trust · Idaho Conservation League · National Trust for Historic Preservation · National Wildlife Federation · Oregon Natural Desert Association · Sierra Club · Soda Mountain Wilderness Council · Southern Utah Wilderness Alliance · U.S. Public Interest Research Group · The Wilderness Society · World Wildlife Fund

9 December 2005

The Honorable Pete Domenici
Chair, Committee on Energy and Natural Resources
U.S. Senate
Washington, DC 20510

The Honorable Judd Gregg
Chairman, Committee on the Budget
U.S. Senate
Washington, DC 20510

The Honorable Jeff Bingaman
Ranking Member, Committee on Energy and Natural Resources
U.S. Senate
Washington, DC 20510

The Honorable Kent Conrad
Ranking Member, Committee on the Budget
U.S. Senate
Washington, DC 20510

Dear Senators Domenici, Bingaman, Gregg, and Conrad:

On behalf of the organizations listed above and our millions of members, we write to express our concern with the “Miscellaneous Amendments Related to Mining,” also known as Title VI, Subtitle A of the Deficit Reduction Act of 2005, as passed by the House of Representatives. Our organizations, which represent diverse interests ranging from hunting to historic preservation to river health, share a dedication to the public lands and waters encompassed by the National Landscape Conservation System (NLCS). The Mining Subtitle would jeopardize the integrity of the National Landscape Conservation System and its unique characteristics that merit protection, such as wildlife, clean water, cultural and historic sites, and open space. Accordingly, we urge you to oppose these mining provisions in the budget reconciliation conference.

The NLCS is comprised of 26 million acres of National Monuments, Conservation and Wilderness Areas, National Historic Trails and Wild and Scenic Rivers, under the stewardship of the Bureau of Land Management (BLM). Created in 2000, this newest public lands system is intended to protect BLM lands with the greatest richness of natural, scientific, and historic resources. The System also provides opportunities for recreation, solitude, and adventure for all Americans and economic benefits for neighboring communities across the West.
Several sections of the Mining Provision could compromise the values which the National Landscape Conservation System was created to protect.

First, Section 6102(a) would repeal the current Congressional moratorium on the patenting of mining claims under the 1872 Mining Law, making thousands of acres of NLCS lands available for private purchase and creating new private inholdings. Although the mining provision contains language that is alleged to exempt the NLCS from the provisions of the language, that exemption in Section 6107(a) is subject to “valid existing rights” within these protected public lands, and does not apply at all to millions of acres of lands within the NLCS, including Wilderness Study Areas.

Second, the Mining Subtitle would also ease the patenting process in a way that would compromise significant natural and historic values. Section 6104 requires the outright sale of public lands containing “mineral deposits” or “depleted mineral deposits,” including lands designated as Wilderness Study Areas.

The mining provision would allow private buyers to purchase land in numerous NLCS units such as California’s Santa Rosa and San Jacinto Mountains National Monument, Colorado’s Gunnison Gorge National Conservation Area, and Oregon’s Rogue Wild and Scenic River. Arizona’s Ironwood Forest National Monument, for example, has more than 200 pre-existing claims. (See Fact Sheet, attached.) These areas were set aside to protect wildlife, clean water, open space, recreational opportunities, and ancient archaeological sites and paleontological treasures. In fact, in 2005, the National Trust for Historic Preservation named the Conservation System one of “America’s 11 Most Endangered Historic Places.”

Apart from these outright transfers of NLCS lands to mining claimholders, section 6101 would grant mining claimholders new rights to control access even on lands that remain in public ownership. This provision would eliminate the requirement that mining claimants establish the presence of valuable mineral deposits on their claims, allowing them to control public land access and management from the moment they merely stake a claim.

In closing, our organizations believe it is essential that the mining provision be removed entirely to ensure that we keep all important public lands, such as those in the National Landscape Conservation System, available for use and enjoyment by millions of Americans. Please oppose the Mining Subtitle of the Deficit Reduction Act, as passed by the House.

Sincerely,

Gregory A. Miller, Ph.D.
President
American Hiking Society

S. Elizabeth Birnbaum
Vice President for Government Affairs
American Rivers

Pam Gluck
Executive Director
American Trails

Don Hoffman
Director
Arizona Wilderness Coalition

Tim Flood
Conservation Director
Friends of Arizona Rivers

Bill James
President Friends of Sloan Canyon

Bill Hedden
Executive Director
Grand Canyon Trust

John Robison

Conservation Associate

Idaho Conservation League

Patrick J. Lally
Director of Congressional Affairs
National Trust for Historic Preservation

Sean McMahon
Director, National Land Stewardship Campaigns
National Wildlife Federation

Tracy Bowerman
John Day Coordinator
Oregon Natural Desert Association

Maribeth Oakes
Director Lands Protection Team
Sierra Club

Dave Willis
Chair
Soda Mountain Wilderness Council

Scott Groene
Executive Director
Southern Utah Wilderness Alliance

Emily Kaplan Murbarger

Staff Attorney and Public Lands Advocate

U.S. Public Interest Research Group

Dave Alberswerth
Senior Policy Advisor
The Wilderness Society

Dominick A. DellaSala, Ph.D.
Director WWF Klamath-Siskiyou Program
World Wildlife Fund

Cc:
Representative Jim Nussle
Representative John M. Spratt, Jr.
Representative Richard Pombo
Representative Nick Rahall, II
Representative James Gibbons