Harmful Mining ‘Reform’ Bill Clears House Despite Opposition

NEVADA — During the evening of May 8, the House of Representatives passed the Mining Regulatory Clarity Act, a harmful bill that walks back environmental protections, threatening the health of communities and negatively impacting public lands.

The bill would modify the 1872 Mining Law, neutralizing four court decisions that have benefited directly affected communities and served to protect land designated as public. The decision on the proposed Rosemont Mine in Arizona, upheld by the Ninth Circuit Court of Appeals, ruled that the Forest Service, as defined by the Mining Law, acted illegally in allowing millions of tons of mine waste rock to be permanently dumped on so-called public lands where no valid mining claims actually existed.

Currently, as affirmed by the courts, mining corporations need to prove that lands contain profitable mineral deposits in order to use public lands for mining. Yet, this proposed bill takes us back to the wild west where the rights to lands can be secured by filing simple paperwork and paying a small fee. This bill would effectively allow mining companies free reign, locking out millions of acres of lands open to the public and prioritizing mining over all other uses, including renewable energy development.  

This bill seeks to ensure that amending the 152-year old federal Mining Law only benefits industry over affected communities and the general public. Meanwhile, this outdated law includes no language for protecting the environment, considerations of the industrial scale and generational impacts of the industry, or human rights implications.

Now that this bill has passed the House, we can expect it to move forward in the United States Senate, with the Senate bill being co-sponsored by Nevada Senators Catherine Cortez Masto (D-NV), and Jacky Rosen (D-NV). President Biden’s administration has come out in opposition to this legislation, citing concerns about giving mining companies the ability to manipulate the mining claims process to impede other land use purposes.

“The House’s passage of this bill is of grave concern to Native land defenders, and is an unprecedented giveaway of Western Shoshone lands guaranteed to us through the 1863 Ruby Valley Treaty of Peace and Friendship. Mining affects our drinking water and some communities don't have access to healthy and clean drinking water because water wells have been contaminated by the toxins used by the mining industry. How do we get the western world to understand that Water is Life? This planet, our Earth Mother, provides us with life sustaining gifts and yet, this bill, if passed, will continue to destroy our life-sources, our ceremonies, our spiritual beliefs that are intricately tied to the land, to Newe Sogobia (Shoshone homelands). This is cultural and spiritual genocide.” said Mary Gibson, Western Shoshone Nation and advisory board member to Western Shoshone Defense Project. “This bill, if it becomes law, would perpetuate further harm against Indigenous Peoples of Nevada, the original stewards of these lands, by allowing mining waste and pollution to run rampant.”

“The Mining Regulatory Clarity Act would undermine the federal government’s long standing authority to safeguard public lands. The House’s decision late last night could not be more out of touch with communities,” said Olivia Tanager, Director of Sierra Club’s Toiyabe Chapter. “Nevadans care deeply about public land protection and good management of our beautiful Great Basin. To think that there are people out there who would support destruction of our ecosystems to go largely unchecked is mind boggling. We must protect our land, water, and wildlife across the Great Basin, being held in trust for future generations, not walking protections back.”

“This move by Representative Amodei and all Representatives who voted for this bill is disappointing. The Representatives put politics over people last night. This is a prime example of the history of politics in the United States- putting profits over people once again.”  said Fermina Stevens, Executive Director of the Western Shoshone Defense Project. “These lands they want to pile mining waste on top of are sacred to Indigenous people, they are our homelands. We will continue to fight for strengthened protection, and stand in staunch opposition to any efforts to repeal the protections we already have.”

###