Land Letter: FORESTS: Roadless area decision demonstrates need for mining reforms, critics say

A coalition of hunting and angling groups is calling on Congress to reform the federal law governing mining on public lands after the Obama administration cited it as a justification for road-building activities in portions of national forests that were supposed to remain pristine.

The call for reform follows Agriculture Secretary Tom Vilsack's decision last week to approve 14 road construction projects in designated roadless areas, mostly to accommodate surface mining projects on public lands in Nevada, Utah and Washington.

In approving the projects, Vilsack cited the 1872 General Mining Law, which he said courts have interpreted as giving mining companies a "congressionally granted right of reasonable access" to mining sites on federal land, thus trumping roadless area designations meant to set particular forest tracts off-limits to road-building and other landscape-altering disturbing activities (Greenwire, May 13).

That is unacceptable to the members of Sportsmen United for Sensible Mining -- a coalition formed by the Theodore Roosevelt Conservation Partnership, Trout Unlimited and the National Wildlife Federation.

Coalition members say they are not opposed to all hardrock mining, nor have they taken a formal position on the individual mine projects that would be accessed by the new roads. But Vilsack's apparent "inability to regulate such development ... cries out for the need to effect reasonable reform" of existing mining laws, said Steve Moyer, vice president of conservation programs for Trout Unlimited.

Joel Webster, associate director of campaigns at TRCP's Center for Western Lands, said Vilsack's decision demonstrates that the Obama administration cannot "assure conscientious natural resources management" on federal lands, adding, "This unfortunate scenario justifies common-sense reform of this outdated law."

Contentious issues

The decision also pits two of the most contentious federal land-use policy issues against each other.

The 2001 Roadless Area Conservation Rule, implemented during the Clinton administration's last days in office, was supposed to remove 58.5 million acres of pristine national forest lands in 39 states from not only road-building, but also logging and mining activity.

But the Bush administration rejected the rule and implemented policies designed to give states the final say on what areas should be designated as roadless. This resulted in a spate of lawsuits, followed by a slew of contradictory federal court rulings and inconsistent federal policy decisions.

Vilsack announced last year that the Agriculture Department would take a year to wade through the mire of court actions and policy initiatives and determine how best to implement the roadless rule. At the same time, he issued a directive that all development proposals in roadless national forest areas must receive his personal approval (E&ENews PM, May 28, 2009).

"USDA is committed to protecting roadless areas in our National Forests because of the critical importance of these areas to our natural resources, wildlife, and outdoor recreation," Vilsack said last week in a prepared statement. But he added that when it comes to mining in roadless areas, the department has "limited authority to approve or disapprove these activities."

That perceived powerlessness on the part of federal regulators has made mining law reform a hot-button issue for years.

Critics say the General Mining Law of 1872 allows virtually any U.S. citizen or company to lay claim to minerals on federal lands. At the same time, the law has allowed mining companies to extract billions of dollars worth of minerals without paying fees or royalties to taxpayers.

Bills in both the House and Senate would reform the 138-year-old law.

One of the legislative proposals, sponsored by Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-N.M.), would allow the Interior Department to impose royalty fees on new mining production. Such fees would be used to help pay for abandoned mine cleanup (E&E Daily, April 3, 2009).

But Senate Majority Leader Harry Reid (D-Nev.) has said such legislation would not move this year because of the busy congressional schedule.

For its part, the mining industry supports reforming the General Mining Law. "We think it does need to be modernized," said Carol Raulston, a spokeswoman for the National Mining Association.

Industry officials reject, however, claims that Vilsack's decision last week should be met with additional congressional restraints on mining, saying critics are confusing two separate priorities -- preserving roadless areas and maintaining access to surface mining sites on federal lands.

"As a general blanket statement, they're off-base," Raulston said. "I think they're mixing apples and oranges."

Expanded mining

One of the more controversial projects authorized by Vilsack last week would allow the expansion of a western Colorado mine by about 1,540 acres in the Sunset roadless area adjacent to the West Elk Wilderness.

The project, by Ark Land Co., has met stiff resistance from environmentalists who say the mine's expansion would damage the roadless area, which provides crucial winter habitat for Colorado's big game herds and is a source of municipal water supplies (Land Letter, May 13).

They are also concerned because the project would allow for the drilling of 12 wells to vent the powerful greenhouse gas methane.

The Forest Service said the venting wells are necessary for the health and safety of miners at the West Elk coal mine. Moreover, it said the mine was originally approved in 2001 before the roadless rule went into effect. Therefore, Ark has a valid pre-existing right allowing the mine to expand, even into a roadless area.

The service also determined that new roads are necessary to access well pads where the vents are to be sited.

Other roadless areas affected by Vilsack's decision include portions of Humboldt-Toiyabe National Forest in Nevada, the Ashley and Sawtooth national forests in Utah, and the Mt. Baker-Snoqualmie National Forest in Washington.

Jim Lyon, senior vice president of conservation programs for the National Wildlife Federation, said many more projects like these would be approved in the future unless Congress acts quickly to reform the law.

"We have a duty to future generations to redouble our efforts to ensure the conservation of these special landscapes," Lyon said. "Reform of the 1872 mining law should not wait another year."

Streater writes from Colorado Springs, Colo.