Urgent Amendments to the 1872 Mining Law and Agency Regulatory Processes

Number: 1987-23

WHEREAS, the National Wildlife Federation continues to support the principles for modernization of the Mining Laws set forth in Resolution #4 of its 27th Annual Meeting; and

WHEREAS, the 1872 Mining Law is a non-discretionary land law, which grants anyone the right to enter those public lands not closed to its operation, for the purpose of exploring for and extracting hard rock minerals; and

WHEREAS, the 1872 Mining Law is an archaic statute which interferes with the principles of stewardship of public lands and resources demanded by present day needs and uses; and

WHEREAS, mining claims under the 1872 Mining Law have placed at risk millions of acres of public lands in the Western United States; and

WHEREAS, 300,000 acres of public lands in Colorado, Wyoming, and Utah with significant wildlife, recreational, and other resource values face imminent disposal under this archaic law; and

WHEREAS, millions of unpatented mining claims cloud the title to tens of millions of acres of public lands throughout the western states, making multiple-use management decisions for those lands virtually impossible, and creating conflicts with the protection of fish and wildlife values and public use; and

WHEREAS, there is a need to consider alternatives to the annual assessment work required by the 1872 Mining Law; and

WHEREAS, there is a need for more effective agency regulation and control over mining activities and a need for stringent reclamation bonding at all levels of mining activity to assure that physical hazards, health hazards and site restorations do not become public expenses or are neglected;

NOW, THEREFORE, BE IT RESOLVED that the National Wildlife Federation in annual meeting assembled March 19-22, 1987, at Quebec City, Quebec, Canada, hereby expresses its opposition to the continued disposal of public lands under the 1872 Mining Law and urges immediate action by the Congress of the United States to prevent such continued abuse; and

BE IT FURTHER RESOLVED that Congress is urged to evaluate and consider alternatives to the requirement of annual assessment work embodied in the 1872 Mining Law and agency regulatory practices governing mining.