Red Lodge Clearinghouse

The current mining regulatory regime does not provide either the financial or human resources to ensure protection or restoration of fish and wildlife habitat, the "hook and bullet" groups say. A mechanism, however, to address that deficit is defined in the report -- "Assess a royalty from any minerals taken from public lands to fund fish and wildlife conservation programs and abandoned mine reclamation," the hunting and fishing groups say.

The report explains, "For almost a century, fees from the sale of hunting and fishing equipment and licenses have been used to help state officials protect fish and wildlife resources through scientific research and habitat management. Potential mining claimants who benefit from use of public lands should likewise shoulder the costs of wildlife management through royalty payments to the federal treasury. Allocation of those funds should go to state fish and game departments, conservation organizations, and others for fish and wildlife habitat improvement projects associated with past mining."

The royalties collected under this scheme would provide critical funds for mine restoration. "It doesn't take a rocket scientist to do the math," said Tom St. Hilaire, vice president of campaign management for the Theodore Roosevelt Conservation Partnership. "It's going to cost at least $32 billion for abandoned mine cleanup. We need money to pay for it, and any reform law must include a way to pay for cleanup."

Sportsmen United for Sensible Mining -- a coalition of hunting and angling groups spearheaded by the National Wildlife Federation, Theodore Roosevelt Conservation Partnership and Trout Unlimited -- sent the report to Sens. Jeff Bingaman (D-N.M.) and Pete Domenici (R-N.M.), both of whom sit on the Senate Energy and Natural Resources Committee.

The House passed a reform proposal late last year, and the Senate has held two hearings on the issue but has not yet released a reform bill (E&E Daily, Jan. 22).

"We need this to happen now," said Land Tawney, senior manager of Sportsmen United for Sensible Mining, during a telephone press conference. "The timeframe is getting shorter and shorter. If this is going to happen, it needs to happen now."

The report addresses the archaic nature of the law, provides examples of problem areas where mining on public lands has affected watersheds in 13 states and provides possible reform solutions for the law.

One of the solutions the report offers is to end mining's priority status on public lands.

"The law enshrines mining as the best use of public lands," said Jim Lyon, senior vice president of conservation at the National Wildlife Federation.

An example provided by the report concerns Wyoming. "Interest in gold and uranium could eliminate public access to some of the state's most productive big-game hunting grounds. The organizations think hunting and fishing on public lands should also be a priority.

"While mining is important for the economy and there is legitimate use of the land, there are others areas -- sensitive areas -- where it shouldn't occur," Lyon said.

In addition to royalties for cleanup, the report suggests "Good Samaritans" be allowed into abandoned mine areas to clean them up as well. The group also wants federal land managers to have more authority to curtail mining activities in critical habitats. And finally, the report urges stopping the patent or sale of public lands to miners.

The groups do not advocate banning or outlawing mining on public lands altogether; they would like to see it restricted in areas sensitive to wildlife and endangered species, though.

"Sportsmen want sensible reform now," Tawney said.

Although lawmakers are uncertain when and if a Senate bill will come through, Western organizations remain adamant in their call for reform.

"Time is short," Lyon said. "This is an election year. The law has gone unreformed for a long time."

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