The Interagency Working Group on Mining Laws, Regulations and Permitting in September finalized over 60 recommendations for updating hardrock mining laws and processes on federal lands, and the proposed changes have drawn pushback from industry groups and support from climate advocates.
Montana Environmental Information Center deputy director Derf Johnson said the document is a good start to updating the more-than century old laws and systems that surround them at the legislative level and within federal agencies.
“I think there are changes in here that can be immediately implemented through the regulatory process and through policy changes at the Bureau of Land Management and the Forest Service to immediately modernize our hardrock mining laws as well as provide some relief to communities that are currently feeling or threatened by the impacts of hard rock mining,” he said.
“And some of those recommendations are, for example, to implement a permitting process that is more transparent and responsive to community needs, that requires up-front sort of baseline information.”
Among the proposed modernizations are royalties on hardrock mineral extraction where there are now none and a leasing system with more agency oversight than exists through the current claims system.
Some of those same changes that environmental groups welcome as long overdue are ones that industry representatives and politicians in Montana and elsewhere say would slow down and create more barriers for domestic mineral production.
“It is very expensive to do hardrock mining,” said Heather McDowell, Vice President of Legal, Environmental, and Government Affairs with the U.S. Montana-based operations of multinational Sibanye-Stillwater.
She said the platinum and palladium mining company is not on board with more fees, but might be open to some of the other recommendations.
“I really like the portions on stakeholder engagement,” she said. “I think that making it clear how we should engage with our communities and with our other stakeholders I think is positive.”
The Associated Press reported reforms like new fees are unlikely to gain a lot of traction in the current political climate.
YPR sent interview and comment requests to Montana’s congressional delegation.
Republican Senator Steve Daines said in a statement the recommendations would hurt U.S. domestic mining:
“I’m disappointed, but not surprised, that the Biden administration is continuing their attack on American miners at the expense of national security and global competitiveness. The IWG’s recommendations would put America at a disadvantage and put good-paying Montana jobs in jeopardy. We should be supporting more responsible mining to meet the growing needs of our nation—not setting up more roadblocks. I’ll continue to push back on Biden and the Democrats’ war on Montana mining jobs.”
A spokesperson with Republican Representative Ryan Zinke directed YPR to a statement that took a similar stance:
“Once again, the Biden Administration has failed Montana, failed Indian Country and failed the American People. These new mining recommendations drafted by environmental zealots will set the industry back and will weaken our country’s supply chain and defense system. Our dependence on China for critical minerals is a disgrace. Instead of making this a priority, the Biden Administration is working to eliminate American jobs and devastate communities around the country.”
A spokesperson for Democratic Senator Jon Tester in a statement flagged his long-held support for reforms like improved stakeholder consultation.
“Senator Tester knows that safe and responsible mining is critical to creating good-paying Montana jobs, and keeping rural communities strong. The Senator has long supported efforts to reform our nation’s mining laws to improve consultation with stakeholders, provide more certainty for both mining companies and communities, and to hold bad actors accountable. He’s reviewing the Interagency Working Group’s final report and listening to feedback from Montanans on what, if any, recommendations should be adopted.”
Republican Representative Matt Rosendale’s office did not respond.
Many of the suggested reforms would need to be enacted through legislation in order to take effect.
