Environmental Considerations And Land Use Decisions Impacting Mining On Public Lands In California

A popular perception by the public and many mining claimants, is that the 1872 Mining Law provides a statutory right to mine and extract minerals from the public lands. This perception in reality, is both true and false, depending on the mining claimants' ability to meet federal and state environmental, cultural and endangered species laws. Land use decisions and proposed legislation affect exploration and development opportunities in California. It is imperative that the mining industry involve itself in the planning process to ensure that BLM decision makers are fully informed of industry's knowledge and concerns. STATUTORY RIGHTS AND ENVIRONMENTAL CONSTRAINTS "No other problem has such a sense of urgency and poses as profound consequences to the quality of life and the creation and distribution of societal wealth as how we protect the environment. Certainly, the environment is the single biggest issue facing mining and mineral activities in the new decade. David S. Brown The 1872 Mining Law was passed, ironically, the same year the nation's first National Park was established. It is a perception that the establishment of Yellowstone National Park was the beginning of the United States' earliest environmental movement; brought on, perhaps, by the rapid clearing of land for homesteading purposes and, the concern that many acres of the public domain were being disposed of through a multitude of public land laws. While there was an effort being made to designate some special and unique public lands as parks for preservation purposes, environmental concern and awareness did not lead to mandatory identification of environmental impacts and appropriate mitigation until the passage of the National Environmental Policy Act in 1970. Consequently, it is not surprising that the original United States Mining Laws of 1866, 1870 and 1872 had no mention of environmental protection. There have been numerous attempts to repeal the 1872 Mining Law over the last 50 years for a variety of reasons. Currently, there is a perception by the general public, media and even some in congress, the mining industry and BLM that a change is needed. The environmental organizations want the industry to be more accountable for reclamation and post mining uses. In Tn nEnvironmental Agenda for the Future," leaders of America's foremost environmental organizations state that the mining law "includes no protection for the environment," and therefore, should be reformed. We can all acknowledge, as stated above, that the mining law, per se, requires no "protection. However, the Bureau of Land Management (BLM) clearly has the authority and the responsibility to fully "protect" non-mineral resources while providing for the extraction and processing of mineral resources by private industry. There are about 13 major federal laws that have indirectly or directly amended the mining laws to require Environmental, Historic and Cultural Protection." There have been many mining law case decisions about the statutory and constitutional rights of miners to explore open federal lands, "stake a claimg" and extract minerals. What needs to be fully understood is how federal laws, as enumerated on Table 1, may affect these rights. What follows is a description of