Federal action allowing construction of mining roads in roadless areas in Nevada,
Utah and Washington highlights shortfalls in 1872 General Mining Law

WASHINGTON – A coalition of the nation’s foremost hunting and angling groups today renewed calls for reform of the 1872 General Mining Law following a decision by the U.S. Department of Agriculture to approve numerous road construction projects within inventoried roadless areas to enable private access to mining sites. Sportsmen United for Sensible Mining cited the agency’s legal obligation to allow the projects further evidence that the 138-year-old mining law fails to serve the interests of the American public at large.

The sportsmen coalition asserts that the federal government, including the U.S. Forest Service that has authority over the areas where the roads will be built, should have discretion to administer and restrict, if necessary, hard-rock minerals development on high-value public lands such as certain roadless areas. In announcing the USDA decision to approve the 12 road construction projects, Agriculture Secretary Tom Vilsack cited statutory requirements under the 1872 mining law requiring the agency to provide a “right of reasonable access to minerals on federal lands.”

“Essentially, the federal government is unable to assure conscientious natural resources management on the public’s lands,” said Joel Webster, associate director of campaigns of the TRCP Center for Western Lands. “Under the 1872 mining law, development to access locatable minerals in prime backcountry lands – areas that offer vital habitat to our fish and wildlife populations and unmatched outdoor opportunities to citizens – takes precedence over all other land uses. This unfortunate scenario justifies common-sense reform of this outdated law.” The TRCP is a member of the SUSM coalition.

The federal government and congressional leaders have acknowledged the need for revision of the 1872 General Mining Law. In July 2009, Interior Department Secretary Ken Salazar stated that mining law reform is a “top priority” of the administration, a position he maintains today. Legislation to reform the 1872 law has been introduced in both the U.S. House and Senate and would create cleanup funds for abandoned mines and provide federal agencies with discretion to determine whether unregulated hard-rock mining is appropriate in certain high-value public lands, such as inventoried roadless areas.

“Hard-rock mining activities help support our country’s economy, and sportsmen support responsible development of public-lands minerals,” said Steve Moyer, vice president of conservation programs for Trout Unlimited, which also is a SUSM member. “Yet Secretary Vilsack’s inability to regulate such development – even on lands with outstanding value for fish, wildlife and activities such as fishing and hunting – cries out for the need to effect reasonable reform of antiquated legislation such as the 1872 mining law.”

Today’s decision approves road construction for locatable minerals exploration and development in the Humboldt-Toiyabe National Forest in Nevada, Ashley National Forest and Sawtooth National Forest in Utah and Mt. Baker-Snoqualmie National Forest in Washington. Sportsmen United for Sensible Mining has not taken a position on the individual construction projects.

“Sportsmen, and every citizen who cares about and enjoys our nation’s public lands, have a stake in urging America’s leaders to update our dangerously outdated mining legislation and provide certainty for our shared natural resources and outdoor heritage,” said Jim Lyon, senior vice president of conservation programs for the National Wildlife Federation, a SUSM member. “We have a duty to future generations to redouble our efforts to ensure the conservation of these special landscapes. Reform of the 1872 mining law should not wait another year.”

Under the 1872 General Mining Law, more than 270 million acres of federal land are open to hard-rock mining, mostly in the Rocky Mountain West. Absent comprehensive revision of the law, many of America’s most treasured public lands remain at risk, including important wildlife habitat and hunting areas, valuable fisheries, popular recreation sites, vital municipal water supplies and sensitive roadless areas.

Sportsmen United for Sensible Mining, a coalition of organizations and grassroots partners led by the NWF, the TRCP and TU, has advocated reform of the 1872 mining law as a means to better manage public-lands fish and wildlife resources and promote reclamation of thousands of abandoned mines that are degrading the American West.

Learn more about Sportsmen United for Sensible Mining