The Need for Abandoned Mine Cleanup Legislation

The enormous scope of the abandoned hardrock mine problem demands legislative action.  An abandoned hard rock mine reclamation bill would necessarily have at least two components:

Dedicated Funding
The primary obstacle to abandoned hardrock mine cleanup is lack of funding.  Abandoned coal mines are reclaimed with a fund authorized by the law that governs coal mining.  Unlike abandoned coal mines, there is no dedicated funding source to pay the $32 to $72 billion needed to reclaim the hundreds of thousands of abandoned hardrock mines that litter the country.

Some state and local governments are reluctant to clean up abandoned hardrock mine sites because they believe that, under the Clean Water Act, they will become financially liable for clean up of all pollution associated with the abandoned mine if they do so.

Although this is debatable (some western state governments have successfully reclaimed abandoned hardrock mines without concern for liability) perception is reality to a large degree in this regard.

One way to alter perception is to grant an extremely limited waiver to liability under the Clean Water Act.  This waiver would encourage "Good Samaritans" -- i.e. those without interest in profit -- to clean up abandoned hardrock mines.  To prevent abuse such a waiver should be limited so that:

• Only public interests (state/local/tribal governments) would be covered
• Remining would be prohibited
• Clean up efforts would attempt to achieve Clean Water Act standards

Abandoned Mine Reclamation Bills
As of 2006, there are three different initiatives that would address the abandoned hardrock mine reclamation issue:

1. The Bush administration's Good Samaritan Clean Watershed Act (S. 2780)
2. Senator Salazar and Allard's Cleanup of Inactive and Abandoned Mines Act (S. 1848)
Representative Mark Udall's Abandoned Hardrock Mines Reclamation Funding, and Reclamation Facilitation Acts (H.R. 1265 and H.R. 1266)

For More Information

• View maps showing the scope of abandoned mines in the Western U.S.
   
  
• Read EARTHWORKS' Senate testimony on Good Samaritan legislation.
   
  
• Learn how the Udall bill would fund the cleanup of abandoned hardrock mines.
   
  
• Request a copy of the EARTHWORKS publication Burden of Gilt.
   
  
• Read the Western Governors' Association publication, Cleaning Up Abandoned Mines.

• Contact Lauren Pagel at Earthworks: (202) 887-1872.