COMMENTARY — U.S. Mining Law: the rematch

The mining industry fought pressures to force excessive changes to the Mining Law right up through the last day of the 103rd Congress. Now the rematch begins, but on a different playing field and with different referees.

The move by the voters in November, 1994, and its effect on the conservatism of the Congress will allow the economics and jobs issues to be heard. The “War on the West” has lulled, yet a truce is not evident. HR 357, a House bill copying the Miller-Rahall H.R. 322 of the last Congress, was submitted at the opening bell by the same authors. That bill passed with a huge majority last year, with Rep. Newt Gingrich among the supporters. It is totally objectionable for exactly the same reasons as were expressed last year. But, if the industry holds together and makes its case as well, it is possible to limit change to only those items that relate specifically to Mining Law: a net royalty, patenting with grandfathering, the hundred-dollar holding fee and small miner exemptions.

Two approaches appear. The first is a change in the law to implement those changes that deal only with Mining Law issues. The second would be to make changes to many of those items in bills considered by the appropriations committee . . .

The “War on the West” raised many important issues. Miners, ranchers, foresters, recreationists and other federal land-users are not just selfishly demanding “special” rights. The issues deal with proper use versus non-use. They deal with economic survival for Westerners. They deal with a way of life that is not destructive, given the myriad of protection laws. They deal with the short-sightedness of the preservationists who are willing to trade jobs and national security to create a land of non-use . . .

The small miner and the explorationist have not always felt equal representation in Mining Law legislation. Certainly, a mine operator must have different needs than those of an exploration group or an individual prospector, but a great effort has been put forth in the past few years to ensure that all who are interested in mining are heard in the Mining Law debate, and that all needs are met. The goal in 1995 is to maintain and improve the communication and participation among all, a goal to which we must all commit.

— From a recent issue of the Northwest Mining Association’s “Bulletin” publication.