September 15, 1998 CONGRESSIONAL RECORD — SENATE S10335 primary means of smuggling large amounts Is the Los Angeles Times report that there The PRESIDING OFFICER. Under of narcotics into the United States. were no cocaine seizures from trucks at the previous order, the Senator from In 1993, the then-District Director of the three or four of the busiest ports of entry on Arkansas is recognized to offer an Customs Service may have prevented inves- the Southwest border in 1994 and 1995 accu- tigators from the Inspector-General’s office amendment relating to mining with rate, and, if so, what accounts for this? the time until 12:30 p.m. to be equally from conducting a surprise inspection of the Is Customs following up and adequately ‘‘line release’’ program at the southwest bor- using the intelligence which they gather? divided in the usual form. der, an investigation aimed at determining How vulnerable are Customs’ communica- The Senator from Arkansas is recog- whether unauthorized trucks, potentially tion systems to penetration by drug smug- nized. carrying drugs, were allowed to cross the glers? Mr. BUMPERS. Madam President, border without inspection. What steps are Customs taking to address my colleagues will be greatly relieved The news program ‘‘Dateline: NBC’’ re- the problem of ‘‘spotters’’ (individuals who with my departure at the end of this cently filmed more than 35 trucks in just linger around ports of entry, radioing inspec- year because they won’t have to listen four hours of surveillance belonging to com- tion patterns to smugglers on the other side to this debate anymore. They may panies on Customs’ ‘‘watch list’’ for drug of the border)? How are these steps working? smuggling rolling right through Customs, have to listen to it again, but not from How are the Cargo search x-ray machines me. without being inspected. performing? It has been reported that the organization This amendment arises from a situa- It is imperative that we get to the bottom of recently-arrested Mexican drug kingpin of the problems at Customs, and I appreciate tion which really began last year, Juan Garcia Abrego has paid millions of dol- your assistance in this regard. Madam President. In order to set the lars to U.S. and Mexican law enforcement of- Sincerely, stage for it, I direct my colleagues’ at- ficers. It seems inevitable that a substantial DIANNE FEINSTEIN, tention to this chart here. But before portion of that money has gone to Customs U.S. Senator. officials, as they are responsible for inter- doing so, let me just say that we had cepting drugs at the ports of entry along the Mrs. FEINSTEIN. Mr. President, I what I thought was a solemn agree- Mexican border. yield the floor. ment last year on this same issue. I As a Customs supervisor told the Washing- The PRESIDING OFFICER. The Sen- won’t say it was a handshake contract, ton Post, ‘‘Tons and tons of cocaine are ator from Alaska. but last year the Interior appropria- crossing the border, and we’re getting very tions bill contained a provision that little of it.’’ Mr. MURKOWSKI. Mr. President, I The current pattern of drug flow and drug thank the Chair. As I understand it, we was added in the committee markup, enforcement into and within this country are in morning business? which said the Secretary of the Inte- must be changed. To better understand how The PRESIDING OFFICER. The Sen- rior may not promulgate new regula- federal law enforcement approaches these ator is correct. tions for the mining of hard rock min- problems and the efficacy of federal pro- Mr. MURKOWSKI. I ask unanimous erals on Federal lands until every Gov- grams to curtail drugs, I am officially asking consent I be allowed to speak for up to ernor of 11 Western States had individ- the General Accounting Office to investigate ually agreed to it. drug enforcement by the Customs Service. 5 minutes. The PRESIDING OFFICER. Without In 1976 we passed FLPMA, an acro- To target your resources, I ask that you nym for Federal Lands Policy Manage- focus initially on evaluating the Customs objection, it is so ordered. Service’s drug enforcement operations at Mr. MURKOWSKI. I thank the Chair. ment Act, it was my second year in the Senate when we passed that, but I was Otay Mesa. After you have evaluated Otay (The remarks of Mr. MURKOWSKI per- Mesa, I would like to work with you to taining to the submission of (S. Res. very active in the negotiations and broaden this inquiry to the rest of the South- passage of that bill. It was a com- 276) are printed in today’s RECORD west border. Specifically, I would appreciate prehensive bill that determined how all under ‘‘Submission of Concurrent and your addressing the following questions re- Bureau of Land Management lands Senate Resolutions.’’ garding Otay mesa: would be handled. In it we said that the Mr. MURKOWSKI. I suggest the ab- Does the Commissioner of Customs provide Secretary of the Interior is charged clear direction to Customs personnel regard- sence of a quorum. with the responsibility of ensuring that ing Customs’ drug enforcement mission? The PRESIDING OFFICER. The on Bureau lands, no unnecessary and How have Customs’ drug enforcement ef- clerk will call the roll. undue degradation would occur. forts been, or how will they be, affected by The assistant legislative clerk pro- their programs to facilitate trade and pas- Now, as my friend, the Governor of senger movement, including but not limited ceeded to call the roll. Florida, Lawton Chiles, who used to be to: line release; re-engineering primary pas- Mr. GORTON. Madam President, I our colleague, used to say on this floor, senger processing; and expanded access by ask unanimous consent that the order ‘‘The mother tongue is English.’’ You Mexican trucks to the U.S. pursuant to the for the quorum call be rescinded. cannot say it any better in English North American Free Trade Agreement The PRESIDING OFFICER (Mrs. than to say the Secretary is hereby (NAFTA)? HUTCHISON). Without objection, it is so charged with the responsibility for How have the percentage rates of inspec- ordered. tions of trucks, cars, and ships by Customs making certain that there is no undue, changed over the last three years? f unnecessary degradation of Federal What increases in border crossings by CONCLUSION OF MORNING lands. trucks, cars and ships does Customs expect We have about 450 million acres of BUSINESS over the next several years? Does Customs Federal lands, and an awful lot of it is have a reasonable basis for the projections it The PRESIDING OFFICER. Morning eligible to be mined for various has made? If Customs has not made such pro- business is closed. jections, why haven’t they, and was any con- hardrock minerals, notably gold, plati- sideration given to making them? f num, silver, zinc, lead, you name it. So in 1980, the Secretary issued regula- Has Customs made adequate plans to meet DEPARTMENT OF THE INTERIOR any expected increases in such border cross- tions to comply with FLPMA and in AND RELATED AGENCIES APPRO- ings? 1981 they were finalized and went into PRIATIONS ACT, 1999 What is the basis for Customs’ allocation effect. Everybody applauded and said it of personnel resources for carrying out their The PRESIDING OFFICER. Under is wonderful. Now we have regulations drug enforcement responsibilities? Is this the previous order, the Senate will now in place that will govern mining com- basis reasonable? Have Customs’ actual allo- cations of personnel matched their projec- resume consideration of S. 2237, which panies. tions? the clerk will report. What brought these regulations What are Customs’ processes for training A bill (S. 2237) making appropriations for about? It was the first time we had their personnel in their drug enforcement re- the Department of the Interior and related ever tried to regulate mining on Fed- sponsibilities? agencies for the fiscal year ending Septem- eral lands. Why did we do it? Because Why are trucks on Customs’ ‘‘watch list’’ ber 30, 1999, and for other purposes. at that very moment, there were 557,000 passing through without inspection? Is it The Senate resumed consideration of abandoned mines in this country. Who human error, corruption, systematic flaws, or something else, and in any case what is the bill. do you think had been left with the necessary to fix this? Do Customs personnel Pending: pleasure of cleaning up those 557,000 actually implement, on an operational level, Daschle amendment No. 3581, to provide abandoned mines? You guessed it— what Customs’ law enforcement plans de- emergency assistance to agricultural produc- ‘‘Uncle Sucker.’’ The cleanup costs, ac- scribe that they do? ers. cording to the Mineral Policy Center, S10336 CONGRESSIONAL RECORD — SENATE September 15, 1998 for those 557,000 mine sites is cal- each Western Governors had veto ing companies to mine on Federal culated to be between $32.7 billion and power over the revised regulations. lands with virtually no regulations to $71.5 billion. Within the 557,000 aban- That was, obviously, a little too much, guide them, being able to put up an in- doned mines, 59 of those are now Super- even for some of my friends in the sufficient bond, and when they take fund sites. We don’t put things on the West, to stomach. bankruptcy and go south again, will Superfund list just for fun. That is a So Senator REID and I worked to- leave the taxpayers of America to pick big-time environmental disaster. In ad- gether in good faith and mutual friend- up the tab. I don’t know how I can put dition to 59 Superfund sites, we have ship and respect on both sides. We it any plainer than that. 12,000 miles of rivers that have been amended that language to say that the Madam President, let me be just a polluted by mining waste, and we have Secretary will consult with all the little bit more dramatic, a little bit 2,000 national park sites in need of rec- Governors of the West. After he has more graphic about why the anti-envi- lamation. done so, he will certify to the Congress ronmental rider in this bill should be Now, think of that. We have 2,000 that he has consulted with all of the taken out. mine sites within the national parks Western Governors. He maintained I want you to bear in mind, last year that have to be reclaimed. And because that he had already done that, but they we postponed it until November 15. If it took the Nation too long to wake up disagreed with that. So we required my amendment is not adopted, that to the environmental damage that was consultation in the amendment. That takes us down well past November. It being done by mining in this country, is the path we adopted last year. takes us into about January 2001; and this damage had already occurred when We also put a time schedule in there more and more environmental degrada- we passed FLPMA in 1976 saying the so that the Secretary could continue to tion, more rivers and streams polluted, Secretary will promulgate regulations work on the regulations, and he could more mining companies taking bank- to make sure that not only this comes promulgate the regulations after No- ruptcy and heading south with an in- to an end, but that it never happens vember 15. The deal was done. It will be sufficient bond. again. So we gave the Secretary regu- done after the election. Nobody will be That is for what you are going to be latory authority. hurt politically. The only thing wrong voting. For all of those who are run- In 1981, those rules went into effect. with that is this year—1998—when the ning for reelection this year, when you Let me make one point, and I will bill comes out of the appropriations go home and your opponent says, ‘‘Why make it more than once in this debate. subcommittee, the deal was reneged did you vote against putting some reg- The mining of gold in this country is upon. ulations in to regulate the use of cya- done nowadays primarily with the use What is the new requirement? The nide to keep it from going into our un- of cyanide. Cyanide is a lethal chemi- new provision states that the Sec- derground aquifers and our rivers and cal. retary could not promulgate these reg- streams; why did you vote to continue Now, Madam President, in 1991, ulations until the National Academy of that,’’ I would like to hear your an- George Bush was President, a conserv- Sciences has studied it for 27 months. swer. ative Republican administration. Be- Next year, it will be the National Insti- But just to give the taxpayers of cause this new technique of mining tutes of Health. God knows, the next America some information, if not my with cyanide had gone into effect and year it will probably be the National colleagues who are not here this morn- there were several mines which had Organization for Women—anything to ing, in 1992, Galactic Resources, the caused cyanide to leak into the keep these regulations from going into owner of the Summitville Mine in Col- streams and rivers around it and into orado, took bankruptcy. They left cya- the underground water supply, the en- effect. Make no mistake about what we are nide, acid, and metal runoff going into vironmentalists were squealing like talking about. Everybody understands the underground aquifers and the pigs under a gate. So, in 1991, the Bush administration, it. Under the provision that is in the Alamosa River. Do you know what has through Secretary Lujan, came out bill this year, which I am proposing happened since then? The taxpayers of with a study to develop new regula- with this amendment to strike, guess this country are paying over $1 million tions to take care of these new envi- what the timetable is. It will now take a year to try to contain cyanide and ronmental problems. But because in 27 months for the National Academy of acid runoff from that mine, not Galac- 1993 we were trying to reform the Sciences to study it and to report it tic Resources. whole mining law, everybody said, and the Secretary to consider it and do The Summitville mine took bank- ‘‘Well, we have got this whole law we whatever he is going to do—27 more ruptcy and went south. That was in are going to reform,’’ so the Interior months, over 2 years, of continuing to 1992. The reason they were able to cre- Department decided to suspend the sock the taxpayers of America with the ate an environmental disaster in the work on revising the regulations. Un- foibles of the mining industry. I will State of Colorado is because Colorado’s fortunately, in 1994, the Western Sen- come back to some of those foibles in bonding regulations were insufficient. ators were able to kill the mining law just a moment and tell the American Federal regulations are similarly reform legislation that was pending in taxpayers what they are paying for flawed. We have constantly postponed Congress. right now. new regulations, and the regulations As a result, last year, Bruce Babbitt, Why 27 months? You know, if you are we were operating with were promul- the all-time favorite whipping boy of a U.S. Senator, and if you paid any at- gated in 1981, and in 1981 we didn’t even the West, said he, as Secretary of the tention at all—you don’t have to have know about cyanide poison being used Interior, was going to honor FLPMA as a picture drawn for you—27 months in the mining process. Secretary Bab- it was written, and that is to make takes us past the year 2000. So we go bitt is trying his best to promulgate sure there is no unnecessary and undue past the election in the year 2000, and rules and regulations to make sure degradation of the public lands. So he all of my friends who are going to come there will be no more Summitville reinitiated the process begun in the in here and vote against my proposal mines. Bush Administration to revise the min- today hopefully will elect a President So when people come walking onto ing regulations in order to attempt to of a different persuasion who will bring the Senate floor to vote on this amend- prevent environmental disasters, such James Watt back as our Secretary of ment, remember, you get to go home as the leak of cyanide into the rivers, the Interior. and tell your constituents that they streams and underground water sup- That is the politics of the issue. It is are picking up a million-dollar tab a plies. So Senator REID of Nevada, in not pleasant to talk about things like year because we do not have regula- the appropriations subcommittee last that on the floor of the Senate. But tions to control gold mining in this year added a provision which would there isn’t a single Senator here today country. have prohibited the Secretary from who is going to vote who doesn’t under- Now we have a brand new one in promulgating these rules unless all of stand precisely what it is about. Every Montana. Pegasus Gold Company, the Western Governors consented. Senator who votes against my amend- which has filed for bankruptcy recently The provision, as it was drafted, was ment is going to know in spades that closed the Zortman-Landusky mine on patently clear. It simply meant that he is voting to continue to allow min- BLM and private land in Montana. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10337 They have filed for bankruptcy. Cya- cycled and once again put through this asters on our hands that cost the tax- nide spills all over the place. And who drip process. It is like a drip irrigation payers ‘‘gazillions.’’ It is going to cost do you think is going to get to pick up system. them a fortune. the shortage on their bond? The tax- Now, the first thing you have to do is And don’t anybody make any mis- payers of America. understand how lethal cyanide is, and take in your judgment about how this And here is one, to be totally fair the second thing you have to under- is going to play out. As I said, we had about it, that is not on Federal land, stand is that the reason some of these a solemn agreement last year. Every- the Gilt Edge mine in South Dakota, spills occur is that the plastic liners body understood exactly what we were another 1998 matter. They had cyanide leak. Think about how ominous it is. agreeing to. And, incidentally, we said leaks in the ground water, acid mine How would you like to live in the vicin- the Secretary had to consult with all drainage, and they are in financial dif- ity where you knew your underground the Western Governors. He has done ficulty. And if they take bankruptcy, it water supply had cyanide leaking into that. Governor Miller, I think, is presi- is estimated that their bond will pay it? dent of the Western Governors’ Asso- about 50 percent of the cost of cleaning Mr. President, I have nothing against ciation; he has notified Members of up that mess. the National Academy of Sciences, it is Congress that they have been consulted The regulations that we are talking a fine organization. But we don’t need with. Everything we agreed to last about trying to get promulgated to another Academy study. The National year has taken place, and we come stop this outrage are not just to stop Academy of Sciences has already ex- back here today and industry says, the use of cyanide. We are not trying amined the matter. In 1978, when we ‘‘No, we have to have one more study.’’ to stop the use of cyanide. We are try- enacted SMCRA, governing the regula- I have said most of what I want to ing to make them use it in a way that tion of coal mining, a provision was in- say. I just ask, what is the objection, we know the plastic cover on the cluded in the bill to require the Na- even of the Western Senators? What is ground is strong enough to not break tional Academy of Sciences to study their objection to the Interior Depart- and leak. But the second thing we are the regulatory requirements needed to ment, that they want to prohibit any talking about is making them put up a address the environmental impact of update of the regulations? Nobody has sufficient bond; in case they do have a hard rock mining. That study was com- cited a single objection to the drafts of spillage, in case they do go broke, the pleted in 1979. That same study found a the Secretary of Interior that were taxpayers will not be left with it. need for a Federal regulatory frame- going to go into effect, that were going The reason I use Gilt Edge is not be- work. to be promulgated November 15 of this cause they are mining on Federal lands In 1996, the Environmental Law Insti- year. Do they object to mining compa- but because they are proposing to ex- tute studied hard rock mining pro- nies having to file a plan before they tend their operations onto National grams and said the current regulations start mining? Do they object to requir- Forest land. were insufficient. That was in 1996. In ing mining companies to post a bond So since 1976 we have been trying to 1992, the House Committee on Interior sufficient to take care of the devasta- stop mining companies from mining in and Insular Affairs prepared a study tion that they may cause? Do they ob- an improper way, leaving the taxpayers that found significant gaps in environ- ject to a regulation that says they with the tab. We have been trying a lot mental regulation of mining. The GAO must reclaim the land when they finish of other things without success. But if has studied this issue to death and has mining it? What is the objection? Is it I were speaking on national television found flaws in the administration of that they have to minimize the adverse to 268 million people in America and our mining laws. impact on the environment, if at all all the adults were listening, how many The question then becomes, When economically and technically possible? votes do you think I would get? About you consider all the studies that have It does not say they have to. It says 90 percent of the American people. But, been done and the damage that has oc- they have to minimize adverse impacts unhappily, I am not speaking to 268 curred while we have been doing stud- if at all technically and economically million Americans. Lord, how I wish I ies, why in the name of all that is good possible. Who could object to that? were; I feel supremely confident as to and holy do we need another study? I Madam President, I yield the floor. how the American people would feel repeat, do we need another study to Mr. MURKOWSKI addressed the about this. postpone this until after the year 2000, Chair. So, Madam President, let me go back when a new Secretary, presumably, Mr. BUMPERS. Madam President, and make one other point and then I will take office who does not even be- the amendment is up, isn’t it? will allow some of my adversaries to lieve in studies, let alone environ- The PRESIDING OFFICER. The Sen- have their say. mental regulation? This is all a ploy. ator has not called up his amendment. Let me describe for you how gold is Everybody in the Senate knows that. AMENDMENT NO. 3591 mined today under modern methods. When they vote today, they are going (Purpose: To remove an anti-environmental First of all, you have to dig up the to think, ‘‘Now, what kind of a 30-sec- rider) earth. You dig up huge, cavernous ond spot can somebody make out of me Mr. BUMPERS. I now call up my amounts of soil that supposedly has voting to continue mining gold with amendment. gold in it. You bring the soil into the cyanide when the regulations were The PRESIDING OFFICER. The mine site, where huge plastic covers written before cyanide was even used clerk will report. have been laid out on the ground, and in gold mining?’’ And they think about The legislative clerk read as follows: you dump this soil on this plastic cover it and they put it through this little The Senator from Arkansas [Mr. BUMPERS] that covers the ground and presumably filter, this little political filter in their proposes an amendment numbered 3591. will hold any fluid or liquids that you ear, and say, ‘‘Well, on the other side it Strike line 19 on page 55 through line 6 on put through this dirt. Huge pits. You says the National Academy of page 58. ought to see them. They look like Sciences. Who can object to the Na- The PRESIDING OFFICER. The Sen- abandoned strip mining sites. But this tional Academy of Sciences studying ator from Alaska is recognized. modern method that I talked about is something? It is a very prestigious or- Mr. MURKOWSKI. Madam President, new, brand new, and is causing all the ganization.’’ And they can probably try let me wish you a good morning as we damage that we need regulations to to convince their constituents that proceed with the Interior appropria- control. they are trying to protect them by tions process. I would like my col- Then they use a drip process along having the National Academy of leagues to note that I stand in strong the top of this big mound of dirt where Sciences do a study when, in fact, the opposition to Senator BUMPERS’ this cyanide drips through, and it seeps National Academy of Sciences could do amendment to strike the National down through this huge pile of dirt. what they need to do on their own in 2 Academy of Science study. What we The gold is attracted to this cyanide months. But the list I just gave you have here is an organization of sci- solution. Then it pours out on the side shows this has been studied and studied entists that are objective. They have a into sort of a gutter, where the gold is and postponed and postponed, until reputation of making decisions based strained out of it and the cyanide is re- now we have these environmental dis- on sound science and not rhetoric. We S10338 CONGRESSIONAL RECORD — SENATE September 15, 1998 have a good deal of rhetoric here in are dealing with one particular mine regulations—simply put, the result so this body. product. You are dealing with gold, you far from the Department of Interior is, The language that Senator BUMPERS are dealing with silver, you are dealing no determination of need whatsoever would propose to strike is as simple with copper, all of which have different has come out of this process. and straightforward as any legislative complexities in the mining and, more Governor Miller of Nevada perhaps language can be. In spite of all words so, the refining process, different costs, put it best when he said the current to the contrary, it does nothing more and the realization that you may be Department of Interior mining regula- than direct the National Academy of mining rich gold in one mine and much tion effort is a solution looking for a Sciences to review existing State and lower grade gold in another, yet the problem, and my good friend from Ar- Federal environmental regulations costs are significant. When you try to kansas is here with his continuation of dealing with the hard rock mining in- have uniformity in application of min- his objection to this particular indus- dustry to determine the adequacy of ing law, it becomes very complex and try. these laws and those regulations to often an impossible task. During the last appropriations cycle, prevent unnecessary and undue deg- What we are proposing in our mining we attempted to temper the Sec- radation, and how to better coordinate bill, as the Senator from Arkansas retary’s driving impulse to regulate Federal and State regulatory programs knows, is a pattern similar to what is with an amendment which would have to ensure environmental protection. It working in the State of Nevada. My forced—forced—the Department of In- is short, it is sweet, and it is to the colleagues from Nevada will be ad- terior to at least coordinate its efforts point. dressing that. But that is basically the with the Governors of the affected The Senator from Arkansas has a application of a net royalty. States. My friend from Arkansas said long history in opposition to mining. It Madam President, hard as it is to be- they met that obligation. The only dif- is interesting to note that the State of lieve that we agree on anything, I do ference is, the Governors of the af- Arkansas has a relatively small agree with Senator BUMPERS that it is fected States didn’t agree with the De- amount of mining activity, most of an absolute shame that the Congress partment of Interior. which is either on private or patented has been forced to intercede in what It was our hope through this coordi- land, unlike the western part of the should be the Department of Interior’s nated effort the new regulations would United States, Nevada, California, routine rulemaking process. This has not drop a monkey wrench into the ex- Idaho, my State of Alaska. I do not been addressed by my friend from Ar- isting State-Federal regulatory net- have a constituency in the poultry in- kansas, but if we look back histori- work. Anyone, Madam President, with dustry. I could, perhaps, claim ‘‘fowl,’’ cally, we have been able to count on even a rudimentary understanding of how the mining industry is regulated relative to the constant objection from administration agencies to do an eval- understands that the State govern- my good friend from Arkansas who uation of needs that is objective and ments play by far the largest role in clearly has no constituency in the min- straightforward before launching off oversight and enforcement of environ- ing industry. But the point is, the min- and writing new regulations. Sadly, mental regulations on the industry. ing industry in the United States has under the current Office of the Sec- What is wrong with that? The Sen- been able to survive in an international retary of the Interior, this has not been ator from Arkansas seems to put little marketplace, unlike the poultry indus- the case. Let me tell you why. credence in the oversight capability of The entire rulemaking effort for min- try which has a domestic market and the States. What is wrong with the ing is rooted in a Secretarial directive domestic concerns. My point is that States, the most concerned group with the economy of a good portion of the to the Bureau of Land Management in regard to their responsibility concern- Western United States is dependent on which he concludes that since the Con- ing environmental oversight on the the mining industry. gress has not acted on mining reform, mining industry? Is it better to have a It needs fixing, but it is not broke. It it is his intention to do so through the faceless bureaucrat in Washington, DC, is rather interesting to note that the regulatory process. So here is the Sec- dictating what goes on in Nevada, Cali- reason we are here today, to a large de- retary of the Interior circumventing fornia, Idaho, dictating to the people of gree, is that we have yet to pass a min- the will of Congress. Idaho, the people of Alaska who live ing law reform package in the U.S. Why don’t we have a bill here? We ac- with the mining industry, who take Senate. It is fair to ask why. Let me commodated the Senator from Arkan- pride in their State, who take pride in tell you why, Madam President. sas in withholding on the markup so the reclamation process to meet their The Senator from Arkansas specifi- we could negotiate. Yet, he wants to obligations? cally asked the Senator from Alaska, move in and strike the involvement on The reason for this is simple. Over who chairs the Energy and Natural Re- a portion—a portion, Madam Presi- time, the States have been delegated sources Committee, not to mark up the dent—of the reform from having the Federal responsibilities for water qual- mining legislation because he was independent study done by the Na- ity, air quality, solid waste manage- working diligently with me and others tional Academy of Sciences. ment, and mine reclamation. These to try to put together a compromise I am sure my colleagues understand laws are the 800-pound gorillas when it that he could support. what we have going on here. As we comes to mining. But the point is, he asked and I put look at giving the Secretary of the In- Over time, these Federal programs off Senator CRAIG’s and my mining bill terior the right to initiate rulemaking, have been fully integrated into State while he negotiated with industry on a circumventing the role of Congress, I environmental protection laws. These comprehensive reform package. I hope think on most issues, my friend will interwoven laws form a complete and that effort is not over. But we would agree with me, there is no justification balanced net of environmental regula- not be here today or have to go for it. There is a mining bill before this tions that cover almost every aspect of through this debate if our reform bill Congress. We would like to have it mining activity. And if they don’t had come to this floor for a vote, which passed, but we are waiting for a resolve cover some, they will, without so much I hope within the timeframe remaining by the Senator from Arkansas to nego- as a thought given to the impact their it still might. It was an effort to pro- tiate something that is satisfactory to rulemaking efforts would have upon ex- vide a balanced package that contained him, as well as us. We have a bill before isting Federal and State programs that a host of surface management protec- this body, as I promised many of my the Department of Interior took upon tions along with royalty, but it was be- colleagues after the last vote on this itself to launch into a major rewrite ef- cause he asked us to put off the mining issue that we would. fort. law package that we are here today de- Let’s go back to the proposed rule- What is their agenda? Is it to run the bating only a portion of the reforms making, which the Senator from Ar- domestic mining industry offshore? We envisioned in my mining bill. kansas has referred to, at the Depart- have learned from what happened in Let me remind you, Madam Presi- ment of Interior. It is interesting to Mexico and Canada when the industry dent, the reform of mining law is com- note that no assessment of existing basically ceased to exist at its previous plex. There are different minerals. It is Federal laws and regulations, no as- level because of restrictions. And, re- not like the coal industry where you sessment of existing State laws and member, unlike the poultry industry, September 15, 1998 CONGRESSIONAL RECORD — SENATE S10339 which is a domestic industry and with the ultimate needs for new regulations. BUMPERS’ amendment. In so doing, we which my colleague from Arkansas is It does direct an ‘‘unbaised’’ assess- will be sending a clear message to the familiar, the mining industry has to ment of the need for new regulations be administration that good government operate internationally. It either com- completed before—and that is the is still important government, and the petes on an international basis or it whole purpose of the National Acad- government that is best is the govern- doesn’t. It is much more complex. emy of Sciences—before the Interior ment that is close to the people. The Last year, at the request of Governor Department can finalize mining regula- State’s voice should be heard. The Miller of Nevada, Senator REID put on tions. States play a critical role in environ- an amendment to the Interior appro- With diminished budgets, increased mental protection. Their partnership priations bill which would have made it need and the growing complexity of and input is important. Let’s have a mandatory that the Interior Depart- State, Federal and environmental pro- fair, objective, qualified, scientific ment at least coordinate efforts with tection laws, why on Earth would any group, the National Academy of the States—at least coordinate them. responsible government manager pro- Sciences, make the call. He did this only after the Governor pose a large-scale rulemaking effort How much time remains on each made it clear that coordination was without first establishing a solid and side? not taking place. specific need? The PRESIDING OFFICER. The Sen- So I take issue with the general Since it has become obvious that the ator from Alaska has 57 minutes; the statement of my friend from Arkansas. Interior Department is either unwilling Senator from Arkansas has 38 minutes. We were prepared last year to make In- or incapable of accomplishing this as- Mr. MURKOWSKI. I yield up to 15 terior Department coordination with sessment, then it is imperative that minutes to my friend from the State of the States mandatory. Senator BUMP- the Congress now step in and assume Nevada. ERS, however, saw fit to intercede on the responsibility. They leave us with Mr. REID. Madam President, this behalf of the Department of Interior no other choice. Once the National Senator from Nevada would like 20 with an amendment which removed Academy of Sciences completes its as- minutes, and the junior Senator from mandatory coordination with States sessment, the Interior Department will Nevada would like 10 minutes. and put in place a requirement that the be free to proceed with its regulatory Mr. MURKOWSKI. That is quite sat- Secretary certify to the Congress that efforts. At that point, they will have isfactory. the coordination had occurred, and the the information they need to rewrite The PRESIDING OFFICER. The Sen- Secretary has done that. But the the regulations in a way that fixes ator from Nevada is recognized. States didn’t agree. They didn’t agree, problems, if there are any, but not cre- Mr. REID. Madam President, let’s Madam President. ate problems. put this in proper perspective. Gold While I have had doubts about this, I The citizens of this Nation are enti- prices are at the lowest level in 19 supported the approach. I was hopeful tled to a Department of Interior that years as of just last week. The mining that the amendment would be received determines need before it acts, that industry has seen layoffs. Some of the in good faith by the Interior Depart- doesn’t waste money that it sorely companies have filed bankruptcy. This ment and that they would make sure needs in other places, a department seems like a very inopportune time to that the States interested were that doesn’t unnecessarily disrupt a come in and attack the mining indus- factored into their mining regulation system of State and Federal regula- try. It is an industry which creates the effort. What followed was the most, I tions laboriously constructed over dec- best blue-collar jobs in America. I re- think, disrespectful, in-your-face re- ades to complement and enhance envi- peat, the best blue-collar jobs in Amer- sponse I have ever seen from the De- ica come from mining. partment of Interior and any other ronmental protection at the lowest possible cost. Here is the Senator from Arkansas, agency of the Federal Government. again, as he does every year, attacking In the Interior appropriations bill, The time has come to draw a line in the sand with this administration. It is the mining industry. This year the at- when it was signed by the President tack is at a very inopportune time. I November 11, 1997, a letter certifying simply not in their purview to regulate an industry out of existence without repeat, the mining industry is going that coordination with the Governors through some very difficult times. had taken place was signed on Monday, first establishing a need for that regu- lation. It cannot simply dismiss input In spite of paying the highest wages November 14. Well, they didn’t agree. in blue-collar industry in America, the The cavalier attitude of the Interior from the affected States, which they have done. These States truly are our mining industry in America is the best Department is the sole reason we are in the world. The costs of production back here again this year. At this time, partners, not our enemies. I have communications from the are extremely low. They are lower than I urge my colleagues not to be taken in Australia or any other country. We are by the rhetoric. Fool me once, shame Governors of Nevada, Arizona, Idaho, competitive. But it has been very dif- on you; fool me twice, why, shame on Utah, Wyoming, and New Mexico, ask- ing Congress to protect their interests, ficult. me. Now, having said that, we also have It is obvious to me that we have seen asking us to support retention of the to recognize that the gold industry is a examples that the Department of Inte- National Academy of Sciences’ objec- very important industry for the United rior is simply unwilling and incapable tive study. Like us, they simply want States. We are a net exporter of gold. It of following good government practice the Interior Department to dem- when it comes to regulating the indus- onstrate a need for regulation before is one of the few things that we do that try. They have so completely lost their they step up on the effort. creates a favorable balance of trade in objectivity and become so biased By voting to table Senator BUMPERS’ America. With that as the setting for this against this industry that they appear amendment we will certainly set in completely incapable of making objec- motion this study. It is my understand- amendment, let me say this amend- tive and fair decisions. ing it will be Senator BUMPERS’ motion ment is attempting to strike from the It is just not the mining industry. to strike. bill language that is very, very reason- Grazing on public land falls into the Now, I am sure all of you will hear a able. The Secretary of Interior is at- same category; oil and gas exploration, great deal of verbiage about this issue, tempting to do by regulation what he same category; access to public land; but when the dust settles and the can’t do by legislation. What right does the administration talks about global smoke has blown away, you only have he have to overrule what the will of the warming and that gas is the answer— to ask yourself one question: Do we Congress is? He has no right to do that. where are you going to get the gas if want to start a massive, potentially He has tried very hard. I am not mak- they won’t allow exploration on public disruptive rulemaking effort before the ing this up. He said in 1994 when his lands; timbering, Forest Service lands, need for the effort has been estab- legislative efforts failed, and, of course, mining on western pub- lished? We will explore the full range of regulatory lic land. There you have it—short, simple and authority we now possess. Our amendment does not make a to the point. I urge my colleagues to Since that comment, with a venge- finding one way or the other regarding join me in a vote against Senator ance, the Secretary has gotten busy on S10340 CONGRESSIONAL RECORD — SENATE September 15, 1998 the regulatory side while making no saying what they want to do is have an AMENDMENTS TO 1872, MINING LAW attempt to work with Congress to re- independent, unbiased, competent body FEDERAL LAWS form the mining law bill. If we had had take a look at the present regulations 1. National Environmental Policy Act support from the Secretary’s office in to see if they are OK. We have assigned (NEPA), 42 U.S.C. 4341–4370a: Requires fed- the past 2 months, we may be here the National Academy of Sciences, one eral agencies to take interdisciplinary ap- today talking about mining law reform of the foremost scientific bodies in the proach to environmental decision-making; rather than hacking away at this Inte- world, to take a look at this. That and requires consideration of environmental impacts for all federal actions (environ- rior bill. doesn’t sound unreasonable to any rea- mental assessments/environmental impact The Governors, at their meeting in sonable person. statements). Medora, ND, in June of 1997, pointed This language is not an anti-environ- 2. Federal Land Policy and Management out in a resolution that the current mental rider that would somehow gut Act (FLPMA), 43 U.S.C. 1701–1784: Directs De- State programs, as far as they are con- existing regulations. We don’t touch partment of Interior to prevent undue and cerned, are working well, and attempts existing regulations. We are simply unnecessary degradation of federal lands. to duplicate them should be avoided. saying that it is within the purview 3. Clean Air Act (CAA), 42 U.S.C. 7401–7642: Requires EPA to designate criteria pollut- What we have here is, again, some- and jurisdiction of Congress because it thing we like to talk about, but not do ants and set ambient air quality standards; is something that we feel will add to a requires states to develop State Implementa- much about, and that is talk about good resolution of this issue. tion Plans (SIP) to achieve federal ambient States rights. States rights are very The Secretary has proceeded in a air quality standards; requires EPA to set important to our framework of govern- cavalier fashion for an outcome that new source performance standards for cat- ment. We have here a number of States would seriously jeopardize the State’s egories of air pollution sources; requires which are saying we are willing to role as coregulators with the Federal EPA to set emission standards for sources of work within the Federal concept and hazardous air pollutants; establishes addi- Government in mining. There is talk tional level of control to prevent significant all the laws that we pass in Washing- about the atrocities toward the envi- ton that affect mining, but let us regu- deterioration of air quality in certain areas ronment in mining. I come from a fam- and for certain sources; and allows EPA en- late from the State level. This amend- ily where my father was a hard rock forcement of state permits issued under ap- ment is attempting to take that away. miner. I have worked in the mines. I proved SIP. The Secretary of Interior has pro- went with my dad when I was a little 4. Federal Water Pollution Control Act ceeded undaunted with his rulemaking boy into the mines. I have to acknowl- (Clean Water Act, CWA), 33 U.S.C. 1251–1387: in spite of how the Governors feel. This edge that many years ago there were a Requires States to Set and Implement Sur- face Water Quality Standards; requires EPA led to language being included in last lot of environmental degradations as a year’s Interior bill that precluded the to Establish Effluent Limitations and Stand- result of mining. The tailings from the ards of Performance for Categories of Facili- Secretary from expending funds to re- mill just ran out wherever, and the write 309. As the chairman of the full ties Discharging to Surface Waters; estab- dumps were just not located in any spe- lishes the National Pollutant Discharge committee said a few minutes ago, cific place. Elimination System (NPDES) for Permitting showing absolute disrespect for Con- In short, the legacy that went on be- of Point Source Discharges to Surface Wa- gress, the Secretary, 3 days after the fore bears no resemblance to the cur- ters; requires States to Develop Management President signed the Interior bill—we Plans for Control of Non-Point Sources of rent practices in the mining industry, stuck language in the bill saying he Surface Water Pollution and to Submit nor the States’ ability to regulate min- had to confer with Governors—3 days Them to EPA for Approval; establishes Pro- ing. They do a good job now. In the after signing that bill, he sent a letter grams for protection of Surface Waters from past two, two and a half decades, tre- saying that they had conferred and Dredge and Fill Activities; and establishes a mendous work has been done. I am Program for Designation of Reportable complied with the requirement to con- really tired of hearing all the time that Quantities of Oil and Hazardous Substances sult with the Governors. Let’s be real- the 1872 mining law needs to be re- and Reporting of Releases to Navigable Wa- istic—within 3 days? This was, as vamped. It has been over 100 years and ters. chairman of the full committee said, 5. Safe Drinking Water Act (SDWA), 42 we have done nothing. That is a bunch an in-your-face remark to Congress U.S.C. 300f–300j–26: Requires EPA to Set of hogwash. from the Secretary of Interior’s office Standards for Quality of Drinking Water saying, ‘‘We don’t have to consult with (Mr. ASHCROFT assumed the Chair.) Supplied to the Public and Allows States to you.’’ Mr. REID. Mr. President, here are be Delegated Primary Enforcement Author- After numerous Governors, both indi- the pieces of legislation, the laws, that ity; and establishes a Program to Regulate Underground Injection Operations (Including vidually and collectively, pleaded with have been passed that now govern min- ing: Migratory Bird Treaty Act, Fish Sand Backfill of Underground Mines) and Al- the Department not to forge ahead on lows Delegation of Program to the States. rulemaking without bringing them in and Wildlife Coordination Act, Historic 6. Solid Waste Disposal Act (SWDA), 42 the process, he continued. Only after Buildings and Sites, Fish and Wildlife, U.S.C. 6901–6992k: Requires EPA to Establish months of letterwriting and National Environmental Policy Act, a Program for Regulating the Generation, handwringing did the Secretary send Clean Air Amendments, Federal Water Storage and Disposal of Hazardous Waste his task force out with a draft pro- Pollution Control, Endangered Species and Allows Delegation to the States; re- Act, Safe Drinking Water Act, Toxic quires EPA to Establish Guidelines for State posal. After the draft proposal was re- Management of Solid, Non-Hazardous Waste; ceived, the Governor said, ‘‘We have Substance Control Act, Resource Con- servation, National Forest Manage- and requires EPA to Establish a Program for seen it; we have looked at it. What are Regulating Underground Storage Tanks Con- you trying to do?’’ It doesn’t make any ment, Clean Air Act, Federal Mine taining Petroleum Products and Hazardous sense. The chairman of the full com- Safety and Health Act, Clean Water Substances and Allows Delegation to the mittee, the junior Senator from Alas- Act, Uranium Mill Tailings Radiation States. ka, held a hearing. At the hearing, the Act, Archaeological and Historical 7. Comprehensive Environmental Response, Governors testified, ‘‘Where is the dem- Preservation, Comprehensive Environ- Compensation and Liability Act (CERCLA, Superfund), 42 U.S.C. 9601–9675: Requires onstrated need to rewrite the 309 serv- mental Compensation Liability Act, Superfund, Clean Air Amendments of Owners/Operators to Report Releases of Haz- ice management regulations?’’ There ardous Substances to the Environment; re- was no response as to why it was nec- 1990. And there are more. quires Owners/Operators to Inventory Chemi- essary. The 1872 mining law has been affected cals Handled and Report to EPA and the Madam President, understand that numerous times by Federal laws that Public; establishes Owners/Operators Liabil- this isn’t something that we have we have passed back here. Mr. Presi- ity for Remedial Actions Necessitated by Re- dreamed up. This isn’t some anti-envi- dent, I ask unanimous consent to have leases of Hazardous Substance4s; and re- ronmental piece of the Interior bill. In printed in the RECORD a list of all the quires EPA to Establish System of Ranking fact, what this is, is a clear demonstra- different amendments to the 1872 min- Relative Hazards at Sites, Create a List of ing law. Sites Requiring Remediation and Develop tion that the mining industry, the Gov- Response and Remediation Plans for Such ernors from the States where mining is There being no objection, the mate- Sites. important, and the rest of the country rial was ordered to be printed in the 8. Toxic Substance Control Act (TSCA), 15 where mining is important, are simply RECORD, as follows: U.S.C. 2601–2671: Requires EPA to Establish September 15, 1998 CONGRESSIONAL RECORD — SENATE S10341 Regulations for Specific Chemicals in Com- 230, 232, 401, 421, 436, 471, 33 CFR 320–330: Es- ment; and establishes Authority to be Dele- merce Which Present an Unreasonable Risk tablishes Regulations for Prevention of Dis- gated Federal Program Under RCRA. to Health or the Environment. charge of Oil to Surface Waters; establishes 4. Nevada Solid Waste Disposal Law, 9. Endangered Species Act, 16 U.S.C. 1531– Effluent Limitations and a Permit System N.R.S. 444.440–459.600: Establishes Authority 1544: Requires Departments of Interior and for Point Source Discharges to Surface Wa- for Regulation of Solid Waste Management; Commerce to List species of Plants and Ani- ters (NPDES Program); establishes Require- and prohibits Discharge of Sewage Except as mals Which are Threatened with or in Dan- ments for State Surface Water Quality Authorized by Appropriate Governing Body. ger of Extinction; requires Department of In- Standard Setting; establishes Effluent Limi- 5. Nevada Reclamation Law, N.R.S terior to Develop Regulations for Protection tations Guidelines Materials in Surface Wa- 519A.010–519A.290: Establishes Authority for of Listed Species; and requires Consideration ters and Wetlands; establishes Requirements Reclamation Regulations Applicable on Pub- of Requirements of the Act in All Other Fed- for Reporting of Releases of Oil and Hazard- lic and Private Land; and requires Posting of eral Actions (Including Bureau of Land Man- ous Substances to Navigable Waters; estab- Financial Assurance to Complete Reclama- agement and Forest Service Approvals to Op- lishes Procedures for Analysis of Pollutants; tion. erate on Public Land). and establishes EPA and Army Corp of Engi- 6. Nevada Underground Storage Tank Laws, N.R.S. 459.800–459.856 and N.R.S. 10. Migratory Bird Treaty Act, 16 U.S.C. neers Requirements for Disposal of Dredge 590.700–590.920; Establishes Authority to be 703–715s: Prohibits the Killing of Nearly All and Fill. Delegated RCRA Program for Management Bird Species. 6. Safe Drinking Water Act Regulations, 40 of Underground Storage Tanks; and imposes 11. Rivers and Harbors Act, 33 U.S.C. 401– CFR 141–147: Establishes Primary and Sec- Fees on Owners/Operator of Petroleum Un- 467e: Prohibits Disposal of Refuse into Navi- ondary Drinking Water Quality Standards; gable Water. derground Storage Tanks. establishes Procedures for State/Federal Im- 7. Nevada Wildlife Protection Law, N.R.S. 12. Mining Law of 1872, 30 U.S.C. 22–48: Es- plementation of Drinking Water Standards; tablishes Procedures for Filing Mining 502.390: Establishes Authority for Regulation and establishes Requirements for Operation of Ponds Containing Chemicals by Nevada Claims on Public Lands. of Underground Injection Wells and Proce- 13. National Historic Preservation Act, 16 Department of Wildlife. dures for Delegation to the States. U.S.C. 470: Requires Consideration of Cul- 8. Nevada Water Resources Law, N.R.S. 7. Solid Waste Disposal Act Regulations, 40 tural Resource Preservation in Federal Ac- 533.010–533.540, 534.010–534.190 and 535.010– CFR 240, 241, 243–246, 255–257, 260–268, 280: Es- tions. 535.110: establishes Authority for Designa- tablishes Requirements for Management of 14. Law Authorizing Treasury’s Bureau of tion of Surface and Ground Water Rights; es- Hazardous Waste, Including Standards for Alcohol, Tobacco and Firearms to Regulate tablishes Authority and Procedures for Per- Generator, Storers, Transporters and Dispos- Sale, Transport and Storage of Explosives, 18 mitting Construction Of Dams and Impound- ers; establishes Requirements for Owners of U.S.C. 841–848: Requires Secretary of the ments; and establishes Authority to Regu- Underground Tanks Storing Petroleum Prod- Treasury to Establish Regulations for the late Drilling, Construction and Abandon- ucts and Hazardous Substances; and estab- Sale, Transport and Storage of Explosives. ment of Water Wells. 15. Federal Mine Safety and Health Act, 30 lishes Procedures for Delegation of Programs 9. Nevada Dredging Law, N.R.S. 503.425: Re- U.S.C. 801–962: Authorizes Mine Safety and to the States. quires Permit Prior to In-Stream Mining by Health Administration to Set Standards for 8. Superfund Regulations, 40 CFR 300, 302, Dredging. Protection of Worker Health and Safety at 310, 355, 370, 372: Establishes the National 10. Nevada Historic Preservation Laws, Mining Operations. Contingency Plan for Addressing Remedi- N.R.S. 381.001–381.445, 383.001–383.121 and ation of Releases of Hazardous Substances to 384.005–384.210: Establishes Requirements for FEDERAL REGULATIONS the Environment, Including the Hazard Mining Operations in State Historic Mining 1. Procedures for Implementing National Ranking System for Determining Which Districts; and establishes Requirements Re- Environmental Policy Act, 40 CFR 6: Estab- Sites Require Remediation and the National garding Disturbances to Native American lishes EPA Procedures for Complying with Priorities List of Such Sites; requires Re- Burial Grounds. NEPA; and establishes Requirements for porting of Releases of Hazardous Substances 11. Nevada Geothermal Resources Law, Contents of Environmental Impact State- to the Environment; and establishes Proce- N.R.S. 534A.010–534A.090: Establishes Author- ment. dures for Owners/Operators to Inventory ity to Regulate Geothermal Wells. 2. Bureau of Land Management (BLM) Sur- Chemicals Handled and Report to EPA and 12. Nevada Mineral Resources Law, N.R.S. face Management Regulations, 43 CFR 3802, the Public. 513.011–513.113: Establishes Authority for 3809: Establishes Requirements for Approval 9. Toxic Substances Control Act Regula- Regulation of Radioactive Materials. of Activities Including Exploration, Mining, tions, 40 CFR 761: Establishes Requirements 13. Nevada Radioactive Materials Law, Construction of Access Roads and Power for Use and Disposal of Asbestos and Poly- N.R.S. 459.001–459.600: Establishes Authority Lines on Public Lands Under BLM Jurisdic- chlorinated Biphenyls (PCBs). for Regulation of Radioactive Materials. tion; requires Environmental Assessment/ 10. Endangered Species Act List, 50 CFR 17, 14. Nevada Occupational Health and Safety Environmental Impact Statement to Address 222, 226, 227: Lists of all Threatened and En- Law, N.R.S. 618.005–618.720: Establishes Au- Existing Physical, Biological, Visual, Cul- dangered Species of Plants and Animals Sub- thority for Regulation of Boilers and Pres- tural and Socio-Economic Resources, Im- ject to Protection Under the Act; establishes sure Vessels. 15. Nevada Mine Inspection and Safety pacts on Proposed Activity on These Re- Special Rules for Protection of Some Listed Law, N.R.S. 512.002–512.270: Requires Opera- sources, and Mitigative Measures; requires Species; and lists Critical Habitat for Some tor to Provide Notice to State Mine Inspec- Activities to be Conducted to Prevent Un- Species. tor of Opening and Closing a Mine; requires necessary and Undue Degradation; and gen- 11. Historic Preservation Regulations, 36 Operator to Report Production, Mine Activ- erally Requires Plans of Operation and Rec- CFR 800: Establishes Procedures for Federal ity and Status, Accidents, Injuries, Loss of lamation and Financial Assurance for Rec- Actions Regarding Preservation of Cultural Life and Occupational Illnesses at Least An- lamation. Resources. nually; and requires Division of Mine Inspec- 3. Forest Service (FS) Regulations, 36 CFR 12. Explosives Regulation, 27 CFR 55: Es- tion to Annually Inspect All Mines for 228: Establishes Requirements for Approval tablishes requirements for sale, transport of Activities Including Exploration, Mining, Health and Safety Concerns. and storage of explosives. 16. Nevada Contractor’s Law, N.R.S. Construction of Access Roads and Power 13. Mine Health and Safety Standards, 30 624.010–624.360: Requires Contractor’s License Lines on Public Lands Under FS Jurisdic- CFR 56, 57: Establishes Standards for Open Prior to Facility Construction. tion; requires Environmental Assessment/ Pit and Underground Mines for Protection Of Environmental Impact Statement to Address Worker Health and Safety. STATE REGULATIONS Existing Physical, Biological, Cultural and 1. Nevada Air Quality Regulations, N.A.C. STATE LAWS Socio-Economic Resources, Impacts on Pro- 445.430–445.944: Sets Ambient Air Quality posed Activity on These Resources, and Miti- 1. Nevada Air Pollution Control Law, Standards for Criteria and Toxic Pollutants; gative Measures; requires Activities to be N.R.S. 445.401–445.710: Establishes Authority and contains Permitting Procedures for Conducted to Minimize Adverse Environ- for Implementing Federal Ambient Air Qual- Sources of Criteria and Toxic Pollutants. mental Impacts Where Feasible; and gen- ity Standards and other Clean Air Act Re- 2. Nevada Water Pollution Control Regula- erally Requires Plans of Operation and Rec- quirements; and creates State Environ- tions, N.A.C. 445.070–445.174: Establishes Per- lamation and Financial Assurance for Rec- mental Commission. mit Program for Point Source Discharges to lamation. 2. Nevada Water Pollution Control Law, Surface Water; and establishes Permit Pro- 4. Federal Air Quality Regulations, 40 CFR N.R.S. 445.131–445.354: Establishes Authority gram for Construction, Operation and Clo- 50–54, 56, 58, 60, 66: Establishes Ambient Air to Control Sources and Ground Water Pollu- sure of Mining Facilities (Not Yet Codified Quality Standards and Monitoring Proce- tion Including Point and Non-Point Sources in N.A.C.). dures for Criteria Pollutants; establishes and Underground Injection; requires Setting 3. Nevada Water Quality Standards, N.A.C. New Source Performance Standards and of Surface Water Quality Standards; and es- 445.117–445.1395: Establishes Beneficial Uses Point Source Monitoring Procedures; and es- tablishes Authority for Regulation of Public and Water Quality Standards for All Surface tablishes Criteria for Approval of State Im- Drinking Water Supplies. Water Bodies in the State. plementation Plans. 3. Nevada Hazardous Waste Disposal Law, 4. Nevada Drinking Water Regulations, 5. Federal Water Quality Regulations, 40 N.R.S. 459.400–459.600: Establishes Authority N.A.C. 445.244–445.262: Establishes Regula- CFR 110, 112, 114, 116, 117, 122, 123, 125, 130, 136, for Regulation of Hazardous Waste Manage- tions for Quality of Public Drinking Water S10342 CONGRESSIONAL RECORD — SENATE September 15, 1998 Supplies (Including Non-Community, Non- ations using cyanide do so in an environ- programs. The Bureau of Land Management Transient Systems Such as Newmont mentally sound manner. (BLM) and the State of Nevada have devel- Gold’s). All new ponds containing lethal concentra- oped a cooperative mine plan review process 5. Nevada Hazardous Waste Management tions of cyanide must be netted or detoxified which streamlines the approval process. Regulations, N.A.C. 444.8500–444.9335: Estab- to prevent wildlife deaths. BLM AND MINING OPERATORS ARE CONTINUALLY lishes Requirements For Management of Birds do not die as a result of cya- LOOKING FOR THE BEST WAY TO REVEGETATE Hazardous Waste, Including Standards for nide: AND RECLAIM MINED LANDS. Generators, Storers, Transporters and Dis- All operations using cyanide are inspected Revegetation test plots at Cominco Ameri- posers. can’s mine in Elko County, Nevada, help to 6. Nevada Solid Waste Disposal Regula- at least quarterly by BLM reclamation/com- pliance specialists. determine what combination of seed, fer- tions, N.A.C. 444.570–444.748: Establishes tilizer, mulch and topsoil create the best re- Standards for Management of Solid, Non- Gold or silver ore leached with cyanide must be rinsed to reduce levels to safe stand- vegetation results. BLM requires test plots Hazardous Waste. at many mines in Nevada to evaluate local 7. Nevada Underground Injection Control ards upon abandonment. Leach facilities are growing and rainfall conditions. These test Regulations, N.A.C. 445.422–445.4278: Estab- engineered to prevent any ground or surface plots enable mining operators and BLM to lishes Regulations for Underground Injection water contamination. determine the most successful revegetation Wells (Including Sand Backfill of Under- All exploration, mine and reclamation methods. ground Mines). plans must be reviewed under the provisions of the National Environmental Policy Act. You might be surprised to learn that Ne- 8. Nevada Sewage Disposal Regulations, vada produced over 60% of the Nation’s gold N.A.C. 444.750–444.840: Establishes Require- This brochure goes on to show the in 1990! ments for Disposal of Sewage. great things done with reclamation in COOPERATIVE EFFORTS ENHANCE RIPARIAN 9. Nevada Reclamation Regulations: Will mining. It shows the equipment that is Require Reclamation of Surface Disturb- AREAS. doing this. It is amazing what they Mining companies are working with the ances Due to Exploration and Mining on have done to reclaim the land to its Public and Private Lands; and will Require public to restore and revitalize public Posting of Financial Assurance to Complete former state. lands—those affected by old mining oper- Reclamation. There is a mine near my hometown ations and even lands not in mining areas. 10. Nevada Wildlife Protection Regulations of Searchlight, NV, that is desert. The Sonoma Creek stream bank stability N.A.C. 502.460–502.495: Requires Permits for When they pull out the Joshua trees, project near Winnemucca demonstrates how Ponds Containing Chemicals Toxic to Wild- yuccas, and all the others, they have a cooperation among the various users of pub- life; and requires Owner/Operators to Take nursery for those. And when that land lic lands can enhance riparian areas in Ne- Measures to Preclude Wildlife Mortality. vada. Mining industry, ranching and govern- is reclaimed, they have all those plants ment people all volunteered, with BLM, to 11. Nevada Geothermal Regulations, N.A.C. that they have taken out of the land 534A.010–534A.690: Establishes Requirements build gabions and stream structures to im- for Design and Operation of Geothermal and they put them back in. These prove the aquatic habitat of Sonoma Creek. Wells. aren’t a bunch of environmental ban- BLM, public land user groups and the min- 12. Nevada Mineral Resources Regulations, dits out there tearing up the land. ing industry plan more cooperative efforts in N.A.C. 513.010–513.390: Requires Mine Owners/ The Federal Government agrees. My the future. BLM invites the public to help Operators to Annually Report Their Produc- friend from Arkansas should read what identify and participate in these activities. tion. the Federal Government wants. I sug- CYANIDE MANAGEMENT 13. Nevada Radioactive Health Regula- gest that my friend, the Secretary of Cyanide is a toxic chemical which is used tions, N.A.C. 459.180–459–374: Requires Li- the Interior, read the publication put in most gold and silver mining operations. cense for Uses of Radioactive Materials (i.e. out by his own agency. I say that about BLM, again in cooperation with Nevada’s Densiometers). state agencies, such as the Nevada Depart- 14. Nevada Occupational Safety and Health the Secretary of the Interior. He hasn’t ment of Wildlife and Nevada Division of En- Regulations, N.A.C. 618.010–618.334: Requires been fair to mining. I respect the work vironmental Protection, require that mining Registration of Boilers and Pressure Vessels he has done as Secretary of the Inte- operations using cyanide, do so in an envi- Prior to Operation. rior in all areas except for mining, ronmentally sound manner. 15. Nevada Health and Safety Standards for where he hasn’t done a very good job. All new ponds containing lethal concentra- Open Pits and Underground Mines, N.A.C. He is opposed to mining. He makes big tions of cyanide must be netted or detoxified 512.010–512.178: Establishes Standards in Ad- shows when a land patent is issued and to prevent wildlife deaths. All operations dition to Federal Ones for Open Pit and Un- issues a big check saying it is not fair using cyanide are inspected at least quar- derground Mining Operations Regarding Pro- terly by BLM reclamation/compliance spe- tection of Worker Health and Safety. that we have to give this land to some cialists. Mr. REID. Mr. President, I ask the miner. Remember these mining compa- Gold or silver ore leached with cyanide Chair to advise the Senator when he nies pay an average of a quarter of a must be rinsed to reduce cyanide levels to has 5 minutes left of his 20 minutes. million dollars every time a patent is safe standards upon abandonment. Leach fa- issued. In short, the Secretary should cilities are engineered to prevent any ground There has been a lot of talk about or surface water contamination. how terrible things are in the mining read his own literature. The BLM and mining operations are continually All exploration, mine and reclamation industry. Yet, the Bureau of Land Man- plans must be reviewed under the provisions agement, a Government agency that I looking for the best way to revegetate of the National Environmental Policy Act. and reclaim mining lands. It shows pic- have great respect for, that is doing its EXCELLENCE IN MINING RECLAMATION tures of it. It shows final reclamation best, controls most of the Federal In 1990, Governor Bob Miller of Nevada at the Pinson Mine. lands in the State of Nevada. awarded three ‘‘Excellence in Mining Rec- The Bureau of Land Management has I ask unanimous consent that this lamation’’ awards to exploration and mining put out a brochure. This isn’t from the brochure be printed in the RECORD. operations in Nevada. There being no objection, the mate- State of Nevada, the State of Alaska, Pinson Mine, Borealis Mine and Independ- rial was ordered to be printed in the ence Mining Co. were recognized for out- or the State of Colorado. This is from RECORD, as follows: standing and unique practices and projects. the Federal Government. This applies Mr. REID. This brochure indicates to Nevada. It says on the front, ‘‘BLM, BUREAU OF LAND MANAGEMENT, Mining Reclamation, You’d Be Sur- NEVADA STATE OFFICE, also that mining companies, one of prised.’’ My friend from Arkansas Reno, NV. which is pictured here, have received talked at great length about how bad MINING RECLAMATION—YOU’D BE SURPRISED an award for excellence in mining rec- cyanide is. Let me read from this bro- You may not know that on public lands in lamation. Mr. President, the State of Nevada is chure that is now being put out to ev- Nevada: All mining and exploration projects totally different from the State of erybody who wants a copy in the State on public lands must be reclaimed. All new mining operations greater than Alaska. The State of Nevada is the of Nevada and the other Western five acres, on public and private lands in Ne- most mountainous State in the Union, States: vada, must submit a detailed mining and rec- except for Alaska. We have lots of Cyanide is a toxic chemical which is used lamation plan, must be bonded to ensure mountains, over 11,000 feet high—32 to in most gold and silver mining operations. compliance, and must protect the environ- BLM, again in cooperation with Nevada’s ment. be exact. Alaska has a lot of water. We State agencies, such as Nevada Department Under the State of Nevada’s new mining don’t have a lot of water. Mining regu- of Wildlife and Nevada Division of Environ- reclamation law, all operations must comply lations in the State of Alaska should mental Protection, require that mining oper- with numerous environmental protection be different than those in the State of September 15, 1998 CONGRESSIONAL RECORD — SENATE S10343 Nevada. The State of Alaska should on public lands to ‘‘prevent unnecessary or 7. The BLM time frame for regulatory re- have some control in setting the stand- undue degradation of the lands.’’ The BLM view is too short to provide sufficient review ards for mining reclamation, mining adopted rules in 1981—known as the 3809 and comment by stakeholders. bonding and other such things. The rules—controlling impacts of mining activi- C. GOVERNORS’ MANAGEMENT DIRECTIVE ties on the public lands. These rules contain 1. Direct staff to work with the WGA Mine State of Nevada should have different narrative reclamation standards, require op- standards because we live in a desert in Waste Task Force to participate in the ongo- erators to submit a plan of operations for ap- ing effort by the Bureau of Land Manage- Nevada. That is the point. proval including a reclamation plan, and re- Each State is subject to different ment to revise the 3809 regulations, empha- quire compliance with federal and state envi- sizing the states’ interest in avoiding dupli- water quality conditions, air-related ronmental, wildlife protection, cultural re- cation, needless regulatory burdens and in issues, issues that stem from local cli- sources and reclamation laws. preserving primacy of state regulation in the 5. The Secretary of Interior announced ear- mate conditions, disposal criteria, and environmental area. other issues that are distinct from lier this year his intention to revise the 3809 2. The Task Force should provide assist- rules, and appointed a BLM Task Force to ance and support to the BLM Task Force on State to State. That is something the explore changes that should be made to the Federal Government must recognize, the status and efficacy of state regulatory existing rules. The Secretary has directed programs, the status of memoranda of agree- and the agency does. The BLM recog- the Task Force to consider numerous nizes that because they have different ment with the BLM, and should make rec- changes to the 3809 rules, including the adop- ommendations for how current state pro- standards in each State. That is why tion of significant new environmental regu- grams may be improved where applicable. the present regulations are working latory requirements in the form of perform- 3. This resolution is to be transmitted to pretty well. ance standards. the President of the United States, the Vice- Also, Mr. President, understand this. 6. The BLM 3809 regulations do not exist in President, the Director of the Office of Man- We have asked the National Academy a regulatory vacuum. There exists today a agement and Budget, the Secretary of the large body of federal, state, and local envi- of Sciences to study this. We don’t tell Department of the Interior, the Secretary of ronmental laws and regulations that govern the Department of Agriculture, all appro- them what result to reach. We will ac- mineral exploration, development and rec- cept what they come up with. Why priate committees of jurisdiction in the lamation. This includes Federal laws dele- United States Senate and House of Rep- shouldn’t those who want these regula- gated to the states, such as the Clean Water resentatives, and the western states’ con- tions changed not accept it also? We Act and the Clean Air Act. The existing 3809 gressional delegation. are not asking for some predisposed rules are an important part of the regulation of mining on the public lands. venue. We are not asking for some STATE OF ARIZONA, 7. Western states also have comprehensive Phoenix, AZ, June 19, 1998. agency that is going to rule in a cer- state mining regulatory programs, enforced Hon. FRANK MURKOWSKI, tain way. We have asked the finest in coordination with federal land manage- Chairman, Energy & Natural Resources Com- science body in the world to look at ment agencies. These state programs set cri- mittee, U.S. Senate, Washington, DC. these regulations and find out if they teria for permitting exploration, develop- DEAR SENATOR MURKOWSKI: In January make sense. ment and reclamation of mining operations, 1996, Secretary Babbitt announced that it Mr. President, I will offer a number with provisions for financial assurance, pro- was the Department of the Interior’s (DOI) of exhibits here. One is a Western Gov- tection of surface and ground water, designa- intent to rewrite the 3809 surface manage- ernors’ Conference resolution that indi- tion of post-mining land use, and public no- ment regulations for hardrock mining. I cates there is no need for what the Sec- tice and review. have followed that process intently and with retary of the Interior is trying to do. B. GOVERNORS’ POLICY STATEMENT great concern that such a rewrite of current We have a series of letters from Gov- 1. The Western Governors believe that re- regulations might produce duplicatory, bur- ernors from all over the United States sponsible mining activity on the public lands densome and costly new regulations that talking about why the Secretary is is important and states have a vital interest would place a hardship on states that cur- in assuring that the environment is pro- rently regulate hardrock mining. wrong. tected and that mining sites are reclaimed Recently, one of my colleagues, Governor Mr. President, I ask unanimous con- for productive post-mining uses. Bob Miller of Nevada, testified at a hearing sent they be printed in the RECORD. 2. Effective regulation of hard rock mining in the Senate Energy and Natural Resources There being no objection, the mate- and reclamation operations should continue Committee in Washington, D.C. that there rial was ordered to be printed in the to utilize and build on existing state pro- had been no demonstrated need to proceed RECORD, as follows: grams, state and federal laws and coopera- with a rewrite of the 3809 surface manage- ment regulations. Further, that an independ- WESTERN GOVERNORS’ ASSOCIATION, tive agreements between state and federal Medora, ND, June 24, 1997. agencies. Because of the geographic and cli- ent reviewer, such as the National Academy matic diversity of the states and the loca- of Sciences, should evaluate the current fed- POLICY RESOLUTION 97–006 tion of many mines on a combination of pub- eral and state regulatory regime to deter- Sponsors: Governors Miller, Leavitt, and Sy- lic and adjacent private lands, the states are mine if there are deficiencies that need to be mington. the most appropriate and sensible level of addressed. Subject: Regulation of mining. environmental regulation for mining which I strongly support the approach set forth A. BACKGROUND occurs on the public lands. by my colleague, Governor Miller, and it is 1. Federal lands account for as much as 86 3. Revisions to 3809 regulations may not be my hope that Congress will take action to percent of the lands in certain western necessary. More consideration should be initiate such a study. Over the past two dec- states. Most of these lands are ‘‘public given to compliance with existing regula- ades, much has happened at both the state lands,’’ under the stewardship of the Bureau tions. States have filled and should continue and federal levels to provide for effective of Land Mangement (BLM). to fill any deficiencies identified in the stat- surface management of the hardrock mining 2. The western states have legal jurisdic- utory and regulatory framework and its en- industry. I believe that the states have an tion over the public lands, and have a strong forcement. Establishing burdensome or du- excellent cooperative working relationship interest in seeing that the environment is plicative new BLM regulatory requirements with the federal land managers and together protected on public and private lands within for mining is not in the best interest of are currently doing a good job regulating the state boundaries. While the BLM manages states or the nation. mining industry. public lands throughout the country, laws, 4. Any new BLM regulations must recog- I will continue to work diligently and at policies and management decisions for public nize the dramatic improvements since 1981 in every opportunity with all parties on this lands have the most direct impacts on the state and federal environmental regulation issue of great importance to my state. I ap- lives of the citizens of the western states of mining on public lands and must not du- preciate Congress’ continuing interest in where the greatest amount of public lands plicate or be inconsistent with those require- this matter. are located. ments. Sincerely, 3. Mining operations on public lands are an 5. The States have concurrent jurisdiction JANE DEE HULL, important part of the economy of the West. with the BLM over public lands and should Governor. They provide thousands of high-paying jobs therefore be included as partners in any ef- in predominately rural areas of the West and fort to amend the 3809 regulations. STATE OF UTAH, they provide important revenues to states. 6. The bonding requirements of the BLM, Salt Lake City, UT, July 8, 1998. The mining industry also continues to play as published in the Federal Register dated Hon. ORRIN HATCH, an important role in the nation’s economy February 28, 1997, should be revisited as part U.S. Senate, Washington, DC. and security. of the effort to amend the 3809 regulations DEAR ORRIN: In January 1996, Secretary 4. Under the Federal Land Policy and Man- due to the integral nature of bonding with Babbitt announced that it was the Depart- agement Act (FLPMA), the BLM has author- the entire regulatory and reclamation proc- ment of the Interior’s (DOI) intent to rewrite ity to regulate mining and other activities ess. the 3809 surface management regulations for S10344 CONGRESSIONAL RECORD — SENATE September 15, 1998

hardrock mining. I have followed that proc- OFFICE OF THE GOVERNOR, consider requesting DOI or another reviewer ess intently and with great concern that Boise, ID, June 24, 1998. to provide that foundation before the process such a rewrite of current regulations might Hon. SLADE GORTON, moves any further. produce redundant, burdensome and costly U.S. Senate, Washington, DC. Sincerely, new regulations that would place a hardship DEAR SENATOR GORTON: The Bureau of GARY E. JOHNSON, on states that currently regulate hardrock Land Management has proposed significant Governor. mining. revisions to its 3809 surface management reg- Mr. REID. Mr. President, we had tes- Recently, one of my colleagues, Governor ulations for hardrock mining. I have fol- Bob Miller of Nevada, testified at a hearing lowed this process closely and believe the timony taken at Chairman MURKOW- in the Senate Energy and Natural Resources proposed changes are redundant, burdensome SKI’s hearing in the Committee on En- Committee in Washington, D.C. that there and costly. These revisions, as currently ergy and Natural Resources of a num- had been no demonstrated need to proceed written, would place a hardship on our ef- ber of different people. I ask unani- with a rewrite of the 3809 surface manage- forts to regulate mining in Idaho. mous consent that it be printed in the ment regulations and that an independent Governor Bob Miller of Nevada has sug- RECORD, together with a letter from reviewer, such as the National Academy of gested that an independent reviewer, such as the Western Governors. Sciences, should evaluate the current federal the National Academy of Sciences, evaluate and state regulatory regime to determine if the current federal and state regulatory re- There being no objection, the mate- there are deficiencies that needed to be ad- gimes to determine if there are problems rial was ordered to be printed in the dressed. that need to be addressed. I support Gov- RECORD, as follows: I support the approach set forth by my col- ernor Miller’s suggestion and urge you to EXCERPT FROM A HEARING HELD BY THE COM- league, Governor Miller, and it is my hope support efforts to initiate and fund such a MITTEE ON ENERGY AND NATURAL RE- that Congress will take action to initiate study. SOURCES, SUBCOMMITTEE ON FORESTS AND such a study. Over the past two decades, Very truly yours, PUBLIC LAND MANAGEMENT, TUESDAY, much has happened at both the state and PHILIP E. BATT, APRIL 28, 1998 federal levels to provide for effective surface Governor. STATEMENT OF HON. BOB MILLER, GOVERNOR OF management of the hardrock mining indus- NEVADA try. I believe that the states have an excel- OFFICE OF THE GOVERNOR, GOVERNOR MILLER. Thank you very much, lent working relationship with the federal STATE CAPITOL, Mr. Chairman. In many respects, I can just land managers and together are currently Santa Fe, NM, July 2, 1998. say ‘‘ditto.’’ In any case, I do appreciate the doing a good job regulating the mining in- Hon. FRANK MURKOWSKI, opportunity to join Nevada’s two Senators, dustry. Chairman, Energy & Natural Resources Com- Harry Reid and Dick Bryan, to testify today I will continue to work diligently and at mittee, U.S. Senate, Washington, DC. every opportunity with all parties on this DEAR SENATOR MURKOWSKI: In January on this legislation. issue of great importance to our states. I ap- 1996, Secretary Babbitt announced that it This is not the first time I have spoken to preciate Congress’ continuing interest in was the Department of the Interior’s (DOI) this committee about the need to bring re- this matter. intent to rewrite the 3809 surface manage- form to the Nation’s mining law, a law that Sincerely, ment regulations for hard rock mining. I was enacted 125 years ago, in 1872. For exam- MICHAEL O. LEAVITT, have followed the process of regulatory de- ple, in 1993, I expressed my opposition to Governor. velopment, and am greatly concerned that Senate bill 257, the Mineral Exploration and this rewrite is an attempt by DOI to inter- Development Act. Since then, there have STATE OF WYOMING, fere with and override state regulatory pro- been several attempts to resolve the debates OFFICE OF THE GOVERNOR, grams that currently have jurisdiction over regarding the reform of the 1872 mining law. Cheyenne, WY, July 8, 1998. hard rock mines. While reform measures are never easy, I Hon. SLADE GORTON, New Mexico’s hard rock mining law is one appreciate this committee’s persistence in U.S. Senate, Chairman, Interior Appropriations of the best in the country, and has jurisdic- trying to find common ground. Subcommittee, Washington, DC. tion over mines on federal, state, and private I opposed S. 257 for the same reason that I DEAR SENATOR GORTON: In January 1996, lands. The draft regulations DOI has pro- oppose S. 326 and S. 327 today. These bills Secretary Babbitt announced that it was the posed are not more stringent than those of threaten the survival of one of Nevada’s Department of the Interior’s (DOI) intent to New Mexico, but they could create signifi- mainstay industries, an industry which is rewrite the 3809 surface management regula- cant problems for our program and our critical to the economic health of many tions for hard rock mining. I have followed mines by imposing conflicting requirements, rural communities. that process intently and with great concern and establishing an unnecessary process for It is well known that Nevada was founded that such a rewrite of current regulations oversight and program certification. on mining. What may not be as well known might produce redundant, burdensome, and Recently, one of my colleagues, Governor is that Nevada continues to be a world leader costly new regulations that would place a Bob Miller of Nevada testified at a hearing in gold production and produces the most sil- hardship on states that currently regulate in the Senate Energy and Natural Resources ver, magnesite, and barite in the Nation. Re- hard rock mining. Recently, one of my col- Committee in Washington, D.C. that there markably, Nevada has achieved these pro- leagues, Governor Bob Miller of Nevada, tes- had been no demonstrated need to proceed duction levels and is arguably the most envi- tified at a hearing in the Senate Energy and with a rewrite of the 3809 surface manage- ronmentally responsible mining region in Natural Resources Committee in Washing- ment regulations. He suggested further that the world. Yet, I do not advocate the status ton, D.C. that there had been no dem- an independent reviewer, such as the Na- quo. onstrated need to proceed with a rewrite of tional Academy of Sciences, should evaluate Congress and the States should continue to the 3809 surface management regulations and the current federal and state regulatory re- work with the industry and the environ- that an independent reviewer, such as the gime to determine if there are deficiencies mental community to minimize mining’s ef- National Academy of Sciences, should evalu- that need to be addressed. fects on the land and on other land users. ate the current and state regulatory regime Despite frequent requests from the con- All of us here today are concerned about to determine if there are deficiencies that cerned states, DOI has not provided any evi- mining reform, the industry, and the envi- need to be addressed. dence that the current 3809 regulatory struc- ronment. The questions of a fair patent law I strongly support the approach set forth ture is not working. Problems with 3809 are to the taxpayers, mining contribution to the by my colleague, Governor Miller. It is my largely anecdotal, and commonly related to Federal Treasury through a royalty and the hope that Congress will take action to initi- abandoned mines, which would not be ad- environmental responsibility of mining oper- ate such a study. Over the past two decades, dressed by the proposed rewrite. New Mexico ations are all legitimate concerns. much has happened at both the state and and other western states have filled in the We must weigh these concerns with the federal levels to provide for effective surface gaps they perceived in 3809 with state laws. knowledge that the mining industry is an management of the hard rock mining indus- New Mexico has an excellent working rela- important contributor to the Nation’s econ- try. I believe that the states have an excel- tionship with the federal land managers, and omy, and to my State’s economy in particu- lent working relationship with the federal together we are doing a good job regulating lar. land managers and together are currently the mining industry. The evidence is before Nevada’s mining renaissance has created doing a good job of regulation of the mining us daily. It appears most appropriate that approximately 13,000 jobs directly related to industry. DOI should assemble this evidence, present it mining, with an additional 45,000 jobs indi- I will continue to work diligently and at to your committee and allow our elected rep- rectly related to the industry. These are every opportunity with all parties on this resentatives to decide what is best for the high paying jobs that average close to $50,000 issue of great importance to our states. I ap- states they represent. per year. preciate Congress’ continuing interest in This process of regulatory development Rural communities, such as Austin, Carlin, this matter. cries out for a concrete foundation to justify Elko, and Winnemucca, are all dependent on Best regards, the time and expense that all parties are a vibrant mining industry. As all of you JIM GERINGER, committing to it. I appreciate your continu- wrestle with these issues, I would hope that Governor. ing interest in this matter, and hope you will you would keep in mind those communities September 15, 1998 CONGRESSIONAL RECORD — SENATE S10345 and those families who built a future around by mining. My State has also developed com- be in addition to other royalties, such as pro- a moderate, environmentally sensitive min- prehensive regulations governing water qual- posed in S. 327, thereby creating an even ing industry. ity standards of mining operations. These re- greater burden on miners. The appropriate I believe that S. 1102, the Mining Law Re- quirements are working well because they vehicle to fund abandoned mine clean-up is form Act of 1997, shows significant progress were crafted with a great deal of cooperative found also in S. 1102. toward resolving the debates about mining effort by the environmental community, the The patenting is an essential means to in- law. While minimal change could be made to mining industry, and State and Federal reg- sure the production of minerals. Patenting the bill, it is time to reach finality. ulators. mitigates the risk of losing the substantial For too long, the mining industry has op- Instead of proposing changes without suffi- financial investments taken by mining oper- erated with uncertainty about the future of cient justification, Interior should work with ations during the often long permitting peri- mining law. The industry must account for the States, the industry, and the environ- ods. many variables that have profound effects on mental community to pinpoint the possible While S. 327 would abolish this necessary our communities. The price of gold, for in- needed modifications regarding reclamation. security process, S. 1102 would change the stance, is testament to the vulnerability of Or perhaps Congress could help us with patent prices to reflect the value of today’s this industry in an ever changing global this impasse by requesting an independent public land. It would wisely halt the $2.50 to market. evaluation of the 3809 regulations by a third $5 per acre fee and sell the patent for the sur- Since July of 1997, the U.S. has lost 2,200 party, such as the National Academy of face land’s fair market value, which I think operational jobs from the mining industry as Sciences. you addressed also. a result of the drop of the price of gold. Over I believe that this type of study would de- Reclaiming Nevada’s abandoned mines is a the past 4 months, approximately 680 jobs termine that Nevada’s reclamation law could tall task, one which the State has aggres- have been lost in Nevada. serve as the model for the rest of the States. sively worked to address. With funding To illustrate the point, the market value On two separate occasions, the United through modest assessments on the industry of gold is hovering at around $300 per ounce. States Environmental Protection Agency which have been supported by the industry, In comparison, production costs per ounce of has praised Nevada for its hardrock mining Nevada has been able to secure over 4,000 gold average at best in Nevada between $260 regulatory program, declaring that, ‘‘Ne- abandoned mine sites. Yet there are thou- to $280 per ounce. Many mines throughout vada’s regulations are considered to be sands more sites that need attention to pre- the Nation operate at well over $300 per among the best, the most comprehensive, vent risk to public health. S. 1102 establishes an acceptable funding ounce. It is imperative that we minimize the and several gold mining States now have or mechanism to continue this effort and to se- variables and eliminate the uncertainty are developing similar requirements.’’ cure dangerous sites. about mining reform. The preferable solution to the 3809 debate Senator Craig has addressed the major While I am familiar with the contents of is the passage, in my opinion, of S. 1102. The issues pertaining to mining law reform in a each of these bills, I will confine my com- sponsors of this bill wisely propose a com- way that is good for the public, the environ- ments to some of the broader aspects of each prehensive approach to mining reform which ment, and the industry, and I compliment as they relate to the reform of mining law. offers reasonable answers to all of the major him and all of the other sponsors for their There are mining law experts here today, issues, including permitting and surface work in support of reasonable mining re- obviously, who can go into much greater management, royalties, patents, and aban- form. depth. doned mines. As this committee and the Senate further First, I would like to make some brief re- On the other hand, S. 326 and the Aban- address this issue, I hope that you keep in marks about the Department of Interior ini- doned Hardrock Mines Reclamation Act and mind, as I said previously, the communities tiative to amend its reclamation regula- S. 327, the Hardrock Mining Royalty Act are that rely on mining. This industry has built tions, termed the 3809 regulations, which I piecemeal remedies that resemble previously towns and communities throughout the West am sure the Secretary will address in a few proposed legislation which Nevada and this which need to be kept at the forefront of the moments. committee have consistently found unac- thought process as you proceed with this Since the beginning of this initiative, I ceptable. issue. have questioned the legitimacy of, in es- The mine permitting and surface manage- Thank you very much for the opportunity sence, changing mining law through an ad- ment provisions within S. 1102 will conform to appear, Mr. Chairman. ministrative process. I not only have had to those activities already being conducted questions about the motivations, but, more- by our State regulators, as well as the U.S. WESTERN GOVERNORS’ ASSOCIATION, over, I have had concerns about the process Bureau of Land Management. S. 1102 defers Denver, CO, September 15, 1997. by which the Department of Interior is to existing State reclamations and bonding Hon. HARRY REID, amending these regulations. But after re- requirements where they meet the inten- Senator, Washington, DC. peated complaints about the process through tions of the Federal act. And the bill ref- DEAR SENATOR REID: We, the undersigned, the Western Governor’s Association, where erences the other State and Federal acts al- thank you for your efforts and support to in- we have a nearly unanimous vote on this ready used to regulate mining activities with clude states with hard rock mining on public issue, the issue of process has been dealt respect to the environment. lands as co-regulators in the Bureau of Land with. One of the most widespread criticisms of Management’s current 3809 rulemaking proc- However, I continue to have substantive the 1872 mining law is its lack of royalty. S. ess. We commend you for highlighting that concerns with regard to the direction in 1102 details a methodology to collect a 5 per- states have legal jurisdiction, concurrent which the proposed amendments are going. cent net royalty proceeds that is fair to the with the Secretary of the Interior’s jurisdic- In short, Interior is moving the responsibil- public and the industry. This royalty, as you tion, to regulate activities on the public ity for environmental oversight of mining stated, Mr. Chairman, closely resembles the lands. operations in my State and other States to State of Nevada’s net proceeds system, As you know, the states impose strict con- here in Washington, D.C. which has proven to be highly effective. trols on mining activities on both public and This attempt at seizure of control by Inte- Nevada’s system generates millions of dol- private lands within their borders. Our rior is particularly perplexing in view of the lars annually, approximately $29 million dur- states work closely with federal land man- fact that many States, especially Nevada, ing Fiscal Year 1997 alone. The administra- agement agencies—often through coopera- have moved aggressively to address the envi- tive cost of our program is about $200,000 an- tive agreements—to ensure that mining ac- ronmental concerns of mining operations. nually, or 1⁄2 of 1 percent of the revenue. tivities are comprehensively regulated to To date, there has been no real justifica- S. 327’s 5 percent net smelter royalty re- control environmental impacts. These fed- tion offered by the department regarding the turn would cripple the production of min- eral-state partnerships should be preserved need to make changes other than—and I erals by taxing anywhere from estimates of not disrupted by new federal regulations quote a memo of January 6, 1997—directing 92 percent to 98 percent of a mine’s gross in- adopted without the appropriate justifica- the department to begin the process of draft- come. In addition to the serious, immediate tion or state input. ing such regulations. It states: ‘‘It is plainly negative impact, the long-term effects are Representatives of the Bureau of Land no longer in the public interest to wait for significant because the growth of the indus- Management and the Department of Interior Congress to enact legislation that corrects try would likely halt or be limited due to the did consult with western state mining regu- the remaining shortcomings of the 3809 regu- high royalty level. latory staff prior to the formal scoping meet- lations. Instead, the time has come to re- Congress should focus on placing royalty ings for developing an Environmental Im- sume the process of modernizing the 3809 reg- on the value of Federal mines after costs as- pact Statement for the proposed rulemaking. ulations first promised at the end of the sociated with finding and producing those However, it became clear during that meet- Carter Administration and begun at the end minerals are subtracted. Such royalty would ing that BLM’s rulemaking was undertaken of the Reagan Administration. To that end, be on the value of the mineral in the ground, not because of identified problems on-the- I direct you to restart this rulemaking proc- before any additional value was added. ground but because there was direction to do ess by preparing and publishing proposed A royalty has to be found that does not so from the Department of Interior. It ap- regulations.’’ close mines and stop new development. I be- pears that direction essentially is framing During my tenure as Governor, I have lieve that S. 1102 passes that test. the rulemaking rather than a conclusive overseen the adoption of Nevada’s State law While S. 326 has no royalty provisions, it study such as that called for in your amend- requiring reclamation of all lands disturbed would charge a reclamation fee which would ment. Attached for your information is a S10346 CONGRESSIONAL RECORD — SENATE September 15, 1998 copy of state comments to the Department I say to everyone within the sound of nomic base in the northeastern part of summarizing the issues raised at that meet- my voice mining affects more than the our State, which is a mining industry. ing and a copy of a resolution western gov- people that go down in the Earth or I rise in opposition to the amend- ernors adopted on the subject in June. ment offered by my friend and col- We want to bring to your attention the into the open pits. It affects more than fact that the Unfunded Mandates Act of 1995 them because we have industries all league from Arkansas that would pre- exempted from FACA consultations between over America that rely on mining. vent the National Academy of Sciences state and federal governments that involve These huge trucks that haul the ore from studying Federal and State envi- their intergovernmental responsibilities and out of the open pit operations cost over ronmental regulations applicable to administration. We support that exemption. $2 million. To replace the tires on one hard rock mining on Federal lands. Your amendment’s creation of a unique advi- of those trucks costs over $25,000 each. As many of my colleagues from the sory committee for the purpose of a joint Underground operations are very ex- West are aware, the Interior Depart- study, however, does not appear to under- ment is proposing major revisions of mine the exemption created by the Act. pensive. That equipment comes from In closing, we support your amendment be- other parts of the United States other the regulations that govern hard rock cause it recognizes our concerns about the than the western part of the United mining on public lands known as 3809 states’ role as co-regulator and it stresses States. regulations. The regulations were the need to avoid regulatory duplication. We This industry is important to the originally promulgated in 1980 and re- will make our staff available to the Depart- economic viability of this country. quire miners to submit plans for oper- ment of the Interior as well as committees of ations for approval by the BLM. The Congress to ensure that we work together to There is no one in this body, the De- partment of the Interior, or the mining existing regulations require mine oper- protect the environment in a coordinated, ators to comply with all Federal and cost-effective manner. industry that can predict the outcome Thank you, again, for the interest you of the review conducted by the Na- State environmental laws and regula- have shown in the states’ role in environ- tional Academy of Sciences. I can al- tions, require that lands disturbed by mental management and regulation. most assure you the results will be mining be reclaimed, and require that Sincrely, fair. That is all we are asking. bonds be posted to assure that reclama- BOB MILLER, But let me say that I think we should tion is complete. Governor, State of Ne- The State of Nevada has one of the approach this on a nonemotional basis. vada. toughest—if not the toughest—State When the study is completed, we will PHIL BATT, reclamation programs in America. Ne- Governor, State of go forward as indicated in the language vada mining companies are subject to a Idaho. that is in this bill with whatever they myriad of Federal and State environ- GARY JOHNSON, recommend. Governor, State of Mr. President, it is important that mental laws and regulations, including New Mexico. this amendment fail. It is not good leg- the Clean Water Act, the Clean Air JANE DEE HULL, Act, and the Endangered Species Act, Governor, State of Ari- islation. It is something we have de- bated time and time again—just in a among many others. zona. Mining companies must secure lit- different setting. MIKE LEAVITT, erally dozens of environmental permits I ask my colleagues to join in doing Governor, State of prior to commencing mining activities, Utah. what is right for an industry that is including a reclamation permit, which MARC RACICOT, very important to the economic viabil- must be obtained before a mineral ex- Governor, State of ity of this country. ploration project or mining operation Montana. Mr. MURKOWSKI. Mr. President, can be conducted. ED SCHAFER, might I ask what time remains on ei- Governor, State of Companies must also file a surety or North Dakota. ther side? Senator BUMPERS is control- a bond with the State and the Federal JIM GERINGER, ling the amendment. land manager in an amount to ensure Governor, State of Wy- The PRESIDING OFFICER. Each the reclamation of the entire site prior 1 oming. side has approximately 38 ⁄2 minutes re- to receiving a reclamation permit. Mr. REID. Mr. President, what we maining. Let me just say parenthetically that have to realize here is that this is an Mr. MURKOWSKI. I thank my col- both as Governor and Senator I have effort to be fair. The language in the league, the Senator from Nevada. I been to these mining locations for bill calls for a study by the National yield time to Senator BRYAN. many, many years. Mining today is Academy of Sciences. I repeat. We have Mr. BRYAN. Mr. President, I thank much different than mining was even a not asked them to find in any certain the chairman. generation ago, and much, much dif- way. Whatever they come up with is Mr. President, I rise in opposition to ferent than it was a century ago. what we will go along with. the BUMPERS amendment. Some of the well-advertised misdeeds I think that we owe the American This past summer, as I have each of mines in the past have to be freely people an honest debate about the cur- summer since being a Member of the acknowledged as something that is a rent regulations for hard rock mining Senate, I spent most of my time in source of major concern in terms of its and all the disasters that have gone on what we in Nevada refer to as ‘‘cow environmental impact. I think it is an in the past. There are a number of county’’ in rural Nevada. Most of that embarrassment to the modern-day Superfund sites. That is one reason time I spent in places that are not mine manager whose philosophy and Superfund was passed—because of envi- widely known outside of Nevada. I was approach is much different and who is ronmental degradation that had taken in Wells, Wendover, Elko, Battle Moun- sensitive to the concerns as to the en- place in the years gone by. Mining was tain, Winnemucca, Lovelock, Ely vironmental impact. That represents part of that. We are not part of that —some of the smaller communities in the new Nevada and the mining oper- anymore. I think that is good. our State, but communities that are ations that exist in my State with We owe the American people an hon- very dependent upon mining as the which I have firsthand familiarity. est debate about the current regula- principal base of their economy. A number of the Western Governors, tions of hard rock mining. We owe In the northeastern part of our State, including our own Governor of Nevada, them the opportunity to know about as a result of the situation that relates Governor Bob Miller, have expressed mining, and for the first time the truth to the international pricing of gold at genuine concern about the 3809 rule- about the environmental practices em- or near record levels over the last 20 making—that it will unnecessarily du- ployed by modern-day mining—not years, these communities are hurt. plicate existing Federal and State reg- what went on 30 years, 40 years, 50 These are good-paying jobs of $46,000 or ulatory programs. Governor Miller, in years, or 100 years ago. We owe the tens $47,000 a year with the full range of his testimony before the Senate En- of thousands of Americans who make a health benefits. They are premier jobs. ergy and Natural Resources Committee living at mining—or some occupation These communities are hurting. Sales earlier this year, suggested that Con- that relies on mining—to know that tax collections are down. gress call for an independent evalua- certainly their jobs will be there when So this is a major concern about tion of the need to revive the 3809 regu- they show up in the morning. what is happening to the principal eco- lations, and made the suggestion that September 15, 1998 CONGRESSIONAL RECORD — SENATE S10347 the National Academy of Sciences portant that we allow the National ment announcing the formal transfer of the would be an appropriate organization Academy of Sciences to assess the need New World Mine site to the United States to conduct a sufficient study. I concur. for the Interior Department’s proposed Forest Service. Thus ended, officially and The academy has a preeminent reputa- regulations, and for that reason I urge happily, a four-year struggle to prevent a Ca- my colleagues to defeat the Bumpers nadian mining company and its American tion for fairness and balance. This is subsidiary from building an environmentally not a committee that is associated amendment. treacherous gold mine near the border of with the mining industry, nor con- I yield the floor. Yellowstone National Park. But the forces trolled directly or indirectly by them. Mr. MURKOWSKI addressed the that defeated the mine, including the Clin- I am pleased that the Appropriations Chair. ton Administration, have one more task Committee saw fit to follow the sug- The PRESIDING OFFICER. The Sen- ahead of them. That is to overhaul the 1872 gestion of Governor Miller, because I ator from Alaska is recognized. Mining Law, the antiquated Federal statute must express that I, too, have serious Mr. MURKOWSKI. How much time that made it so easy for the company to ac- questions concerning the need for the remains on this side? quire the mine site in the first place. The PRESIDING OFFICER. The Sen- Signed by Ulysses S. Grant to encourage Interior Department’s proposed regula- ator from Alaska controls 30 minutes Western development, the law gives mining tions and revisions. The current 3809 20 seconds. companies virtually automatic access to regulations require compliance with all Mr. MURKOWSKI. I thank the Chair. Federal land and allows them to take title to existing Federal and State environ- And remaining on the other side is? that land for a few dollars an acre—a process mental standards and requirements, in- The PRESIDING OFFICER. Thirty- know as patenting. The law does not provide cluding the Clean Water Act, the State eight minutes 35 seconds. for ‘‘suitability’’ review to determine wheth- water quality standards in particular. Mr. MURKOWSKI. I thank the Chair. er the mining operation could cause unac- ceptable environmental damage. It also al- The Interior Department proposes to I will accommodate the Senator from add a new layer of requirements on top lows companies that mine hard-rock min- Arkansas if he desires to speak at this erals like gold and platinum to escape any of existing laws for both surface and time. royalties similar to those paid by companies ground water which extends beyond the Mr. BUMPERS addressed the Chair. that extract oil and coal from Federal lands. agency’s regulatory reach—far beyond The PRESIDING OFFICER. The Sen- Finally, the law does not require companies management and protection of Federal ator from Arkansas is recognized. to clean up abandoned sites. According to lands. These proposed rules, if adopted, Mr. BUMPERS. My good friend and the Mineral Policy Center, an environmental would result in inconsistent or duplica- colleague from Alaska, Senator MUR- group, a century of unregulated mining has tive water quality standards or tech- KOWSKI, mentioned the fact that I come left behind 557,000 abandoned mines, 50 bil- nology requirements because BLM can from a State where poultry is a big in- lion tons of waste and 10,000 miles of dead streams. no longer accept State or EPA deter- dustry, which, indeed, it is. And they have been taking a lot of hits lately. Powerful Western senators have always minations as compliance with the 3809 managed to block reform. Nevertheless, Sen- regulations. I must say it is somewhat Tyson Foods, which is by far the big- ator Dale Bumpers, long a champion of re- ironic that the duplication of existing gest poultry company in the United form, plans to use his final months in office Federal and State water quality pro- States, has been fined by the State of before he retires to push for something grams resulting from this proposal Maryland, been made to change their meaningful on the books. The Arkansas will, in my judgment, impose substan- operations. The Secretary of Agri- Democrat has offered three related bills that tial additional costs on the Bureau of culture announced last week that we would end the patenting system, impose a royalty on the minerals the mining compa- Land Management without any cor- need a totally new set of regulations dealing with animal waste, including nies extract and use that money to begin responding environmental benefits. cleaning up old mine sites. The proposed regulations allow poultry. They are subject to all kinds of regulations. I have been here for 24 The proposed environmental safeguards States to continue the common prac- could be stronger. There is, for example, no tice of joint administration of mine years now, and I defy any Senator to suitability provision that would allow the regulation—and this is significant—but tell me one time I ever objected to a Government to insulate certain lands from impose unrealistic demands for Federal regulation that dealt with the environ- any mining at all. This is a serious flaw, but approval of State programs. The Inte- ment where the poultry industry was years of legislative futility have persuaded rior regulations will effectively fed- involved. I wonder if the Senator from Mr. Bumpers that to insist on such safe- Alaska would tell us how he would feel guards would doom even the modest reforms eralize reclamation laws in all of the if I came in here knowing that the he has proposed. He also believes that ending Western States even on non-Federal poultry industry was creating an envi- the patenting system—which effectively al- land because the States must amend ronmental disaster and said, well, I lows mining companies to privatize public their laws and regulations to comply want 27 more months to study it—if lands—would make a big difference because with the Federal model in order to it would expose the companies to Federal en- last year I came here with a proposal enter into an agreement for joint ad- vironmental regulations they can now safely saying you can’t do anything to the ministration. Interior has proposed ignore. poultry industry until every Governor this requirement without any showing Mr. Bumpers concedes that those regula- in the country or every Governor tions need to be made stronger, a task that that existing State reclamation laws whose State has poultry signs off on it, Bruce Babbitt, the Secretary of the Interior, and programs are inadequate. and, once you get that in place, say, has pledged to undertake. The ever-resource- And finally, the proposed regulations well, all the Governors have to be con- ful Western Republicans have also antici- include numerous additional proce- sulted, and you get that in place, and pated that threat, saddling this year’s Inte- dural and substantive requirements rior appropriations bill with a rider blocking then I come back and say, no, we need that will encourage delay in mine per- Mr. Babbitt from issuing stronger rules for 27 more months to study it. mitting and appeals and litigation over at least two years—at which point they hope I don’t know how people would react to have a less conservation-minded secretary permitting decisions. It is clear that to that. I expect rather severely. But I the Secretary of Interior is attempting running Interior. That is one more reason for will tell you one of the differences. President Clinton to veto that bill, which is to rewrite the mining law through the Very few States have hard rock mining loaded with other destructive riders. Mean- regulatory process. I share the Sec- on Federal lands. while, the Senate should approve the Bump- retary’s desire to update the mining Incidentally, I might just at this ers proposal, which, despite its flaws, rep- law, and I would say for the record that point say, Mr. President, there was an resents real progress. Its passage would give Nevada’s mining industry is in the editorial a couple weeks ago in the New the victory at Yellowstone lasting reso- forefront of recognizing that the min- York Times entitled ‘‘Time for Mining nance. ing law of 1872 needs to be updated. But Law Reform.’’ I ask unanimous consent Mr. BUMPERS. This says exactly that is a job for Congress, not to have that printed in the RECORD. what I have been saying, and that is, unelected bureaucrats. I am hopeful There being no objection, the edi- the President ought to veto the Inte- that the discussions that have been oc- torial is ordered to be printed in the rior Appropriations bill if my amend- curring between my colleague, Senator RECORD, as follows: ment is defeated. And I personally BUMPERS, and the mining industry will TIME FOR MINING LAW REFORM think he will. lead to an agreement on mining law. In With very little fanfare, the White House With all these disasters which I have the interim, however, I think it is im- recently released a three-paragraph state- addressed, all we have had is one delay S10348 CONGRESSIONAL RECORD — SENATE September 15, 1998 after another. In 1993 they said, ‘‘Well, with regard to mining on Federal land. ever. Not next week, not next year— we are working on a mining bill,’’ and Every State would determine what the forever. We say, ‘‘Well, God certainly in 1994 the same people who said we are environmental regulations would be, didn’t mean to stop putting cyanide working on a mining bill and we should because the Federal regulations pro- poison into our underground aquifers not deal with these regulations did ev- mulgated by the Secretary of Interior and our streams and rivers, because erything they could to stall until 2 could be no stronger than the State there are jobs involved in this. God weeks before we were to go home to regulations of a particular State where didn’t intend that.’’ No—that is how make sure there was no mining bill. a mine was located. specious the arguments are that I have And then last year they said, ‘‘We How foolish can you get? And, when been listening to this morning. So you want all the Governors to have a say in it came to the royalty, they would only get one chance to preserve the this. Don’t put a regulation into effect grandfather every mining company planet. that prohibits the leakage of cyanide holding a valid claim. There are 300,000 You can buy these arguments about, from a gold mining site unless all the claims in this country. If you grand- well, what is wrong with the National Governors have signed off on it.’’ They father everybody who has a valid Academy of Sciences studying the backed off that and they said, ‘‘Well, claim, you would not collect enough rules for mining? Nothing, except they they have to be consulted.’’ We said, royalties in the next 30 years to buy a have already studied it. Everybody ‘‘Fine, they ought to be consulted.’’ So ham sandwich. There is nobody to pay studied it. There are GAO reports ga- they were consulted. And the president it. After all, people have been buying lore. If the National Academy of of the Western Governors’ Association Federal lands for $2.50 an acre for the Sciences is so important to us, why told the Senate Energy Committee last 130 years. You cannot charge them was it not mentioned last year, and the that ‘‘We have been consulted.’’ So a royalty because they own the land. year before and the year before that? It what do they do then? They come back We sold it to them for the princely sum is a nicely crafted idea, because at the and say, ‘‘Well, now we want the Na- of $2.50. So when you take all of them fundraisers, if anybody raises the ques- tional Academy of Sciences to study and everybody else who turns up with a tion, you can say, ‘‘What is the prob- the regulations’’—anything under valid claim, there is nobody left to pay lem with the National Academy of God’s sun to keep from dealing with an a royalty. Sciences—it is a very prestigious orga- unmitigated disaster. Mr. President, let me make a philo- nization—studying the rules on how we Why are the people of America indif- sophical point. I am an unabashed, are going to mine?’’ ferent? They don’t even know about it. card-carrying, hardened environ- It would not take 27 months. Mr. There is no hard rock mining in my mentalist. In 1970, when I ran for Gov- President, 27 months is carefully cal- State. I am not running for reelection, ernor in my State the first time, the culated to take us past the Presi- but if I were running for reelection I environment was just then becoming dential election of the year 2000. Mr. President, I ask unanimous con- wouldn’t get any votes in my State out an issue in this Nation, albeit a fairly sent the Senator from Wisconsin, Mr. of this issue. As Gilda Radner used to low key one. But it made a lot of sense FEINGOLD, and the Senator from Lou- say—‘‘if its not one thing, its another.’’ to me, based on what I had read, and so isiana, Ms. LANDRIEU, be added as co- And the Senator from Alaska alluded I began to talk about the environment. to the fact that I had, indeed, been sponsors. I began to talk about Arkansas’ mag- The PRESIDING OFFICER. Without working with the National Mining As- nificent rivers and streams and how objection, it is so ordered. sociation trying to craft something to they were being polluted. I began to Mr. BUMPERS. Mr. President, Bill reform the 1872 law that Ulysses Grant think. Clinton, my friend from my home passed and has been such an unmiti- In 1966, I went fishing on the Buffalo State of Arkansas, has been taking a gated disaster for this Nation. Think River, the most beautiful river in lot of trashing lately, a lot of it richly about a law still on the books that America. It was so magnificent. I had deserved. I am not here to defend the Ulysses Grant signed to encourage peo- no idea that my own State had such a President. But I will tell you one thing. ple to go West. Is that a legitimate rea- treasure. Two nights we camped out on You can say a lot of things about him son for allowing this 126-year-old bill a sandbar. We ate and we drank and we but you cannot say he is not an envi- to stay on the books—encourage people created a lot of garbage, and the tour ronmental President. I will tell you to go West? That is what we are deal- guide took all the garbage that we cre- what I think he will do. I think he will ing with. ated and put it in a plastic bag, waded follow the advice of DALE BUMPERS and And the Senator from Alaska said he out as far as he could into the river, the New York Times and veto this bill and Senator CRAIG had a bill, and I and tossed it. And nobody thought a if this amendment is defeated. I can asked them not to bring it up. That is thing in the world about it. Finally, tell you I don’t care how weak he is, I true. I did that because I thought we after a little bit of that, somebody don’t care how disturbed he is about all were going to make a deal. The Chair- began to raise the question about the of this, I don’t care how disturbed the man of the National Mining Associa- Buffalo River being polluted. American people are, I promise you tion—who is a very fine, honorable To shorten the story, we made it a there is one thing about him that he man, in my opinion, a man of immense national scenic river. It is a pristine, will not yield on and that is the envi- integrity—and I worked extremely well clean river. People come from all over ronment; and for the very same reason together. We were honest with each the world just to camp out on the nobody in the U.S. Senate ought to other, and our staffs developed a draft banks of the Buffalo or to fish the Buf- yield on it. proposal. Unfortunately, that was be- falo. It was not even popular with the I know it is painful. I know compa- fore we ran it by the Western Senators. local people when we made the Buffalo nies are put upon because of the envi- Two Western Senators said we can’t do River a national treasure, and today ronment. But, when you think about this. And the Senator from Alaska said there is not anybody up there who what has happened to the environment the reason they didn’t bring up the bill would go back to the old ways. So, yes, over the past 300 years of history in he and Senator CRAIG crafted was be- you are being addressed by a card-car- this country, it is time we implement cause he thought we had a deal. I rying environmentalist. strong measures. thought I had a deal, too. Do you know the other reason? I have Did you know that the rules right The bill they wanted to bring up, the three children and six grandchildren. now say that you cannot even regulate bill they crafted and they said it was We talk about how much we love them, a mine of 5 acres or less, you can go too late to bring up, let me tell you how they are our most precious posses- out and create all the damage you what it would do. It says, first, that en- sion, how our whole life is calculated want to on 5 acres? That is a pretty vironmental regulations promulgated to make life more pleasant for them, good spread for some mines. In the by the Secretary of Interior cannot be and then we come in here to vote for State of Nevada, there are 2,400 mines stronger than the State where the trash like this. of 5 acres or less. Here is a letter from mine is located. Think of that. There is We only have one planet. God, in his the BLM office in Reno, NV, to an no point in even having a Federal regu- infinite wisdom and in the heavens, assemblywoman in Nevada, about these lation. Each State would be a king gave us one planet to sustain us for- 5-acre mine sites. The BLM says: September 15, 1998 CONGRESSIONAL RECORD — SENATE S10349 Since enactment of BLM’s surface manage- guess is, one could find piles of chicken Yet, the Senator from Arkansas and ment regulations in 1981 [that’s the one we manure in that State that violate envi- others love to drag out 20-year-old pic- are still trying to live with, put in effect in ronmental laws that are less than 5 tures and 20-year-old stories as if they 1981, since the regulations in 1981] the BLM acres that are not controlled. Does had just happened yesterday and say, in Nevada has processed nearly 10,000 no- that sound silly and facetious on my tices. Currently, there are approximately ‘‘Oh, look at these pictures and read 2,400 active notice-level operations in Ne- part? Yes, it does, and I apologize to this story; isn’t it terrible what the vada. There have been many environmental the Senator from Arkansas for saying world of mining is doing to the clear and operational problems associated with it, but I want him to understand that and pristine lakes and rivers of our the smaller operations in Nevada. when he makes a statement like ‘‘5 country?’’ We aren’t talking about 1872. We are acres, rogue, out of control,’’ it is not Let me tell you the mining story, the talking about May 1, 1997. Let me re- true. It is not true in my State that pictures and the story today about peat that. has very tight environmental laws, and those clear and pristine rivers. They it is not true in other mining States. were not once clear and pristine. Min- There have been many environmental and What the Senator from Arkansas operational problems associated with the ing tailings were dumped into them, smaller operations in Nevada. would like to have you believe in his and the rivers in my State, in one in- In summary, there are 90 exploration or compassionate statements about min- stance, ran murky the year round. But mining sites of five acres or less in Nevada ing is that somehow these impact his today the Coeur d’Alene River, flowing where a reclamation bond would have either State. His State is not a mining State, down through the major mining dis- probably prevented a new modern-day prob- per se. Mine is. The Senator from Alas- trict of my State, runs clean. Fish lem from developing or would have been used ka has a mining State. The Senators propagate in it. Kids swim in it. to reclaim an environmental problem. from Nevada have a mining State. That wasn’t true 20 years ago. It was You can defend that if you want to if Those States have had mining for over a combination of Federal and State ef- you are from Nevada. That is your 100 years, and some of that mining fort that produced that. But most im- privilege. Do you know something else? they are not proud of, or I should say, portantly, it was the ethics of the citi- The Federal regs of 1981 are just like were not proud of. zens and the government of the State In the sixties and the seventies and the Nevada law. We exempt all mines of Idaho that said as a mining State, the eighties and the nineties, those of 5 acres or less. Thousands and thou- we have to do it right, and that is what States began to take control of their sands of them are exempt under Fed- Western Governors are saying today to own environmental destiny, in part eral regulations. And you think that this administration and to the Senator urged by the Senator from Arkansas, doesn’t create environmental havoc? from Arkansas and to a lot of others no question about it; in part, a product Mr. President, I am not terribly opti- who like to use this as their political of the National Environmental Policy mistic about my chances of succeeding base. Act; in part a product of the Clean Air today. Last year, happily, we were able Look at the politics of it, sure, but Act; in part a product of the Clean to work out an arrangement where we look at the reality of what we are Water Act. All of those came together said we will consult with the Western doing. All of these States have very to shape plans of operation and new Governors. Nobody mentioned the Na- tight laws and regulations today. You mining strategies for this country. I tional Academy of Sciences last year. I heard it from the Senators from Ne- will tell you what it did in my State. It have been in the Senate 24 years and vada, one of the top mining States in cleaned up a lot of messes, messes by ever since I have been on this issue, no- the Nation today, employing tens of the definition of today’s environmental body has ever mentioned the National thousands of people and bringing hun- Academy of Sciences. But somebody standards and ethics, not definitions by mining and environmental standards of dreds of millions of dollars into our cleverly came up with the idea and economy. They are doing it right. They said, ‘‘At your fundraisers, you can al- 70 or 80 years ago. Why is the Senator standing up here are doing it under all of those environ- ways defend yourself; you can say, ‘The this morning painting the world as if it mental laws that were passed on this National Academy of Sciences did a were black, most importantly, painting floor in the sixties and the seventies study on that.’ ’’ I sure hope they come the world of mining as if it were a dis- and the eighties, and they are not up with a good set of regulations. I aster? The Senator from Arkansas backing away from them or trying to yield the floor, Mr. President. knows it just ‘‘ain’t’’ so, but this is one shrink from those laws. They are try- Mr. MURKOWSKI. Mr. President, of his causes celebres which you and I ing to improve them and better them. how much time is remaining on both have heard on this floor—and I serve So why is the Secretary of Interior sides? with him on the committee—for a long, and his Solicitor and the Senator from The PRESIDING OFFICER. The Sen- long while. Arkansas looking for a solution to fit a ator from Alaska has 30 minutes re- What is the essence of this adminis- problem that doesn’t exist? I am not maining, and the Senator from Arkan- tration’s attempt to rewrite the 3809 sure. I already suggested it does iden- sas has 19 minutes 30 seconds remain- regulations? My guess is that Sec- tify with their political base, but I am ing. retary Babbitt and Solicitor Leshy are not so sure it identifies with the real Mr. MURKOWSKI. Mr. President, I creating a solution for a problem that world, especially if a former Governor, yield such time as my friend and col- doesn’t exist, or more importantly, cre- who talks about how his State has done league from the State of Idaho might ating a solution that plays to their po- so well, believes that States ought to need, reserving at least 5 minutes for litical base and hoping there is a prob- have powers and rights in these areas. myself. lem out there to which they can attach He and I have worked very closely to- The PRESIDING OFFICER. The Sen- it. I have a feeling that down under- gether over the last several years to re- ator from Idaho is recognized. neath all of this, this is just about the form the 1872 mining law and to at- Mr. CRAIG. Mr. President, I thank whole of the problem that we are at- tempt to empower those States in co- my colleague from Alaska, the chair- tempting to debate on the floor today. operation with the Federal Govern- man of the Energy and Natural Re- There is no question that this Sen- ment to assure that that relationship sources Committee, first of all, for the ator, the Senator from Alaska and a and those kind of dynamics continue. leadership role he has taken over the good many other Senators want re- On that I don’t disagree with the Sen- last good number of years to try to sponsible mining law and we think, in ator from Arkansas, but I do disagree bring reform to the 1872 mining laws. large part, we have it, because the old with the Federal Government and its For some reason, the Senator from 1872 mining law in one court case after heavy hand ignoring the States’ Gov- Arkansas would like to portray that another, after another, after another, ernors until we shove them into begin- mining is a rogue industry in our Na- after another, after another, piled up ning dialog with them on the reform of tion that goes unregulated, outside en- over 100-plus years, has transformed these rules. vironmental regulations, and he cited the world of mining in this country Most of the Western Governors, how- today 5-acre mine sites. They are not into not only the significant industry ever, who have problems, who are outside the environment, they are sim- it is, but the environmental-sensitive working well with respect to mining ply outside a plan of operation. My industry that it is today. operations within their boundaries, S10350 CONGRESSIONAL RECORD — SENATE September 15, 1998 want the BLM to do a couple of things ing to stop it, because it might bring the National Academy of Sciences, to with any modification in regulation; about a solution that works. And it analyze at least the proposed problem and yet most Governors say they have would deny this administration the that Messrs. Leshy and Babbitt suggest not been worked with well, they have right to slash and burn and destroy a exists, and examine the solution that not been listened to, and if you do not mining industry that they did not like they have out there, searching for and do major things, that it will not hap- out there on the public lands to begin coming up with a resolution. pen. with. I am quite confident that if the Na- Again, the heavy arm of the Federal Secretary Babbitt has not been bash- tional Academy of Sciences proposes, Government will come down against ful. Every time he has to comply with that we will take a very, very serious States. Once again, we violate or at the law, he gets on a soap box and de- look at disposing with that. That is the least we ignore the Constitution of our grades it and says that he is being issue here. Let us proceed in that man- country, all in the name of a current forced to do certain things. Well, it is ner. Let us not divide the Federal Gov- political cause that does not seem to terrible when you are forced to abide ernment and State governments any exist much more today because we ad- by the law. Why should you shun it? more. Let us build a working partner- dressed it a long time ago. That is the But then again, I, as chairman of a sub- ship, as we have had in the past, that essence of the amendment to the Inte- committee, the Senator of a full com- will project us, I think, into a produc- rior appropriations bill by the Senator mittee, and the Senator from Arkansas tive future so that mining can remain from Arkansas. have invited Secretary Babbitt to the a strong part of our economy, as it What did we do this year? Because of table for the last 6 years to work out should, and, in my opinion, as it must the difference between the Department these problems. And their answer is, if we are going to continue to have a of Interior and the Governors—the ‘‘No. It’s to our advantage to have the free flow, an important flow, of min- Western States Governors primarily— politics of it, not the solution to it.’’ erals and metals to the critical econo- we have said, ‘‘Let’s get the National That is the essence of the debate here mies of this country. Academy of Sciences, an impartial on the floor. It really is, in my opinion, I yield back the remainder of my group, to step in between and examine that clear and that simple. You cannot time. this solution looking for a problem.’’ talk about modern mining today and Mr. MURKOWSKI addressed the They are impartial. Both sides, I use 20-year-old examples, because most Chair. The PRESIDING OFFICER. The Sen- think, would respect their integrity. of those were created 20 years before And let us see how much of a problem ator from Alaska is recognized. they became a problem. Yet, that is Mr. MURKOWSKI. Might I ask how there is out there. Let us scope the the basis of the argument. That is the much time remains on each side? magnitude of it before we bring down strength of any argument that they at- The PRESIDING OFFICER. The Sen- the heavy hand of Government and put tempt to produce. ator from Alaska has 13 minutes 20 sec- thousands of people out of work or risk So I hope that my colleagues will onds remaining; the Senator from Ar- putting thousands of people out of stand with us today in opposing the kansas controls 19 minutes 27 seconds. work and destroying some significant Bumpers amendment—that we should Mr. MURKOWSKI. I ask the Senator economies in many of our Western table that amendment—because while from Arkansas if he would care to go States. it can be partisan at times, this is not next since we spoke last on the issue. That is really the essence of what we a partisan issue. The Senators from Ne- Mr. BUMPERS addressed the Chair. do here today. It isn’t that the Energy vada are Democrats, and I am a Repub- The PRESIDING OFFICER. The Sen- and Natural Resources Committee has lican, and we are from neighboring ator from Arkansas is recognized. not been diligent. The Senator from States. Mr. BUMPERS. Mr. President, first Arkansas has been diligent. We just Mining has been for 100 years a major of all, I want to make one point that cannot agree. We have fundamental part of our economy and yet today re- perhaps has not been made, and that is disagreements. I want mining. I want mains an important part of our econ- that this amendment only applies on it alive and well and creating jobs in omy. My State is touted as being one Federal lands. Bear in mind, all mining my State—minerals and metals for the of the most beautiful, mountainous, does not occur on Federal lands. There economy. And I am not so sure that high-desert States in the Nation, with are all kinds of mines in this country that is what he wants. Or at least he clear flowing streams, pristine moun- on private lands. There are some on wants it in a way that largely causes tain meadows. And 100 years of a min- State lands. the investors in my State to go off- ing legacy? Yes. It seems like Idahoans I might also say that we have given shore to make those investments— did it right. Then while they were away 3.2 million acres of land in the under the same environmental stand- doing it right, they learned to do it past 126 years. Well, we did not give it ards that they would make in this better. And there is no question that away; we charged $2.50 an acre for it. country except they avoid the burden- the environmental laws we passed here Lands the size of the State of Connecti- some multiyear regulatory process of a in the 1960s and the 1970s and the 1980s cut we have given to the mining indus- Government that really does not care helped them do it better. try in the past 126 years to mine on. Do about the economies of investment and But just a few years ago our reclama- you know what else? They own it. We jobs because the cause they lift them- tion laws, our mining laws as a State, gave them a deed for $2.50 an acre, and selves to is a cause higher. were the example for the rest of the they own it. And these regulations do That is the issue of this amendment. Western States to follow, and many of not apply to people who own their own When you have a dispute between two them did. Many of my miners have re- land. The States regulate that. concerned parties—and we do here; the ceived national environmental awards One other point I want to make is Senator from Arkansas and I and oth- for their productions, for their oper- that I believe the Senator from Idaho ers just fundamentally disagree—what ations, for their facilities, and they are indicated something about my political is wrong with bringing an impartial very, very proud of it. position, my political base. No. 1, there body in between us to examine the So what is the advantage of standing is no political base on mining in my problem that by my estimation does here on the floor today and pounding State. There is a political base for not exist and by the estimation of the the podium and talking about the evil being on the side of keeping the envi- Senator from Arkansas does exist? mining industry and the environmental ronment as clean as possible, but that What is wrong with bringing an im- problems it creates? Well, if you are an is not unique to my State. I assume partial body to the fore for that pur- echo of the past, maybe there is value that there are some people even in pose? That is exactly what the Interior there. Or if you are the politics of yes- Idaho and Alaska who want to keep the Appropriations Subcommittee thought terday, maybe there is value there. But environment as clean as possible. ought to be done, in consultation with if you really want to work with our Let me say, as the Senators tick off the chairman of the full authorizing Western Governors, and solve a prob- all the laws that the mining industry committee, the Senator from Alaska. lem, and bring two divided sides to- has to comply with—clean air, clean That is what we are doing. And that is gether, then you do exactly what this water, reclamation—tell us which one why the Senator from Arkansas is try- bill does—you employ a neutral party, of those you want to repeal. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10351 In the 1970’s when a number of envi- figure is now estimated at $10 million. in this country.’’ Can you find me ronmental laws were passed, go back Who picks up the difference? You know somebody today who doesn’t like Medi- and look at the speeches that were who picks up the difference. care, including the medical profession? given, and given again today, about There are 557,000 hardrock mine sites No. In the 1970’s—go back and look at what a terrible disaster this would be if that are abandoned. Today, 59 of them the speeches made when we passed a we passed this bill and made people are on the Superfund list. The cost to variety of environmental statutes. I comply with these nonsensical, crazy the poor taxpayers: $34 to $71 billion, never read as many doomsday speeches regulations. It is just another case because the U.S. Congress engaged in in my life. Who would go back to the where the old Federal Government is sophistry, specious arguments, as the time when we didn’t have NEPA? Who trying to tell us how to run our lives. pollution went on, as the unreclaimed would want to go back to the time Do you know the reason the Coeur mines were left for the taxpayers to where we emptied our garbage out in d’Alene River is now a clean, pristine pick up the tab. the Buffalo River in plastic bags? river? Because of the Clean Water Act. Think about 2,000 sites in our na- Sometimes it is a long time coming, I applaud the people of Idaho who I as- tional parks that have to be reclaimed. and the disastrous part of it is that so sume didn’t want that river to be pol- Twelve thousand miles of rivers are much of it is irreversible; you cannot luted any further. I can tell you, it polluted, and they say we need another put it back the way God gave it to us. may or may not have happened if it 27 months to study it. That might be getting too heavy on an hadn’t been for the Federal Govern- I don’t know much of anything else I issue like this. But I am telling you, ment’s intervention. I don’t know can say about this. I will have a lot when you look at the statistics of how where that beautiful river in my State, more to say tomorrow when I offer yet many abandoned mine sites there are the Buffalo, would be right now if we another amendment on mining. Then right now, when you look at the fact hadn’t made it a wild and scenic river the Senator from Alaska and the Sen- that we know what this is—this is and stopped the disastrous pollution of ator from Idaho can have a big party nothing more than a dilatory tactic. the river. and say, ‘‘That mean old Senator from There is not one Senator who doesn’t In the 1970’s 65 percent of the Arkansas, we have heard the last of know precisely what this is about. It is streams, rivers and lakes in this coun- him,’’ because you will have. I have a simple delaying tactic. try were neither fishable nor swim- been on this subject now for 10 years, Mr. President, I yield the floor and mable. And because of the terrible old with just a few marginal successes. As yield the remainder of my time—Mr. Federal Government and all their regu- I pick up the paper in a few years and President, I will not yield back the re- lations imposing on the business com- watch how things have gone, I will be mainder of my time. I think Senator munity of this country, today it is re- a detached taxpayer, still with strong LANDRIEU may wish to speak, so I will versed—65 percent of the streams, feelings about it. All I can say is, I did reserve the remainder of my time for lakes, and rivers of this country are my best to try to save this planet for her. fishable and swimmable. How I wish I my children, my grandchildren, and Mr. MURKOWSKI. Mr. President, I could live long enough to see that fig- yours. ask the Chair to indicate how much Let me repeat one more time, when ure at 100 percent. time remains on both sides. It is expensive. It is expensive to you consider FLPMA, which we passed The PRESIDING OFFICER. The Sen- undo a mess. As I said on the Senate in 1978, when you consider the National ator from Alaska has 13 minutes. The floor last week in a different context Forest Management Act, when you Senator from Arkansas has 5 minutes but it bears repeating here, as the consider the Clean Air Act and the 30 seconds. English philosopher said, there is noth- Clean Water Act, tell us, which ones ing more utterly impossible than would you strike? Which ones would Mr. MURKOWSKI. I thank the Chair. undoing what has already been done. you repeal? Mr. HATCH. Mr. President, I rise this Do you think Bill Clinton wouldn’t like It reminds me, as a southerner, what morning to express strong opposition to undo some of his past? Do you think a tough time we had coming to grips to the Bumpers amendment, and I urge people in my State wouldn’t like to with civil rights. Monday morning I my colleagues to oppose it as well. This undo some of the surface mining, the will speak at an assembly at Central amendment is a step backwards, Mr. strip mining, that we allowed to take High School in Little Rock where, 31 President. It is a step back toward place? They just dug out the earth, years ago, the National Guard was more centralized government; it is a piled it up in big layers, took the coal, called to keep black children from step back toward more heavy handed and left it. going to school there. The Arkansas regulations; and it is a step back to- It is not even half over. When you Gazette, at that time the oldest news- ward making environmental policy consider the fact that mines of 5 acres paper west of the Mississippi, took a with emotion and politics instead of and less aren’t even regulated, when strong stand against Orval Faubus, science and common sense. you think of all the 3.2 million acres of who was Governor and who called out Mr. President, this argument really lands we have given to the mining in- the National Guard to keep those nine comes down to whether or not we want dustry, these lands are not included. children from going to school at Little environmental regulations to be deter- So what do we have? The Senator Rock Central High School. mined on the state level by those who from Idaho said Senator BUMPERS is up They lost circulation down to about have the greatest stake in a healthy there talking about what happened 82,000. Orval Faubus was elected six environment and a strong economy, or years ago. In 1992, in Colorado, times—the first Governor ever elected do we want to keep all the power inside Summitville’s actions cost the tax- to a fourth term. Only one had ever the Washington beltway and in the payers $30,000 a day; 6 years ago that been elected to a third term. And who hands of federal politicians and bureau- disaster occurred. What did they do? today would take that side of that crats. They polluted 17 miles of a river. It is question? There are a few, of course. This amendment would strike section now a Superfund site. Who today would want to go back to 117 of the fiscal year 1999 Interior ap- Zortman-Landusky, 1998, in Mon- charging people to vote?—which they propriations. What is so disturbing tana—going broke. Taxpayers will get did when I was a young man. You had about this section that it must be to pick up the tab while we do another to go down to the courthouse and pay struck, Mr. President? Section 117 is study by the National Academy of a dollar for a poll tax. Who would go simply an attempt to replace the emo- Sciences. Then you can go home and back to that? tionally and politically charged con- say, ‘‘Yes, I’m for the environment.’’ I If I were to start talking about the troversy surrounding the revised 3809 think the National Academy of literally hundreds of things that we regulations with good science. Section Sciences ought to study these things as have done in this country that were 117 would require that the National the disasters pile up. In 1998, in South terribly unpopular—I can remember Academy of Sciences—hardly an orga- Dakota, they are not quite broke yet, when every doctor in America said, ‘‘If nization in the pocket of the mining in- they are in financial difficulties. They you pass that Medicare bill, you will be dustry—perform a study of the ade- had a $6 million bond, and the cleanup sorry; it will be the end of health care quacy of federal and state regulations S10352 CONGRESSIONAL RECORD — SENATE September 15, 1998 governing hardrock mining on our pub- another situation, like others in the enough alone. But the first step is to lic lands before the Secretary of Inte- past, in which policymakers in this Ad- identify if a problem really does exist. rior moves forward with the new regu- ministration lacking support from Con- Mr. MURKOWSKI. Mr. President, fol- lations. I find it baffling, Mr. Presi- gress, nevertheless develop policy lowing the current debate, let me point dent, that a member of Congress would based on a predetermined outcome. out a couple of things that I think the be opposed to introducing an impartial Once that policy is introduced, we are Senator from Arkansas may have over- and nonpartisan element to this heated then subjected to the usual vocalizing looked with regard to his general state- debate, such as a study by the National about the importance of public input ment that we have 557,000 sites in the Academy of Sciences. and the necessity of hearing views of abandoned mine category. Mr. President, this is not merely a all interested parties. I think it is important to recognize philosophical debate. This debate is BLM’s justification for new regula- what we have done. We have a system. about jobs in rural America. We have tions is spotty—advances in mining The system is working. Fewer than 3 learned by unhappy experience that technologies and current regulations percent of those 557,000 are considered regulations spewed forth from Wash- which have not been updated for 15 to be of a significant environmental ington, D.C., with no regard for those years. Yet when we had this discussion concern. Surface water contamination, who are most affected by the regula- last year, we agreed that since the reg- ground water contamination, and tions, often lead to a loss of competi- ulatory authority of western states Superfund make up less than 3 percent tiveness and jobs in rural areas. would be called into question, it was of these sites. The others—it is inter- I wish all of my colleagues could visit important that we allow for significant esting to note—34 percent, or 194,000, the many rural areas of my state of input from those impacted states. I am have been reclaimed and are considered Utah. They would find that oppor- dismayed that the BLM draft regula- benign; 231,000, or 41 percent, have a tunity has been whittled away from tions ignored most of the input re- surface disturbance. Obviously, if you rural Americans who live among public ceived last year. The result has been a are going to mine an area in an open lands. And why have these citizens lost proposal that was so top-heavy with pit, you are going to have a surface dis- their ability to grow and prosper, Mr. prescriptive regulation it would never turbance. But that can be taken care of President? Has it been because of a pass muster if it were to move through in the reclamation process. The trees lack of effort or creativity? Of course the normal legislative process. can grow back. not—rural areas in Utah are struggling We find ourselves in a situation I ask anybody who has visited the in- because government bureaucrats have where the Western Governors, which terior of Alaska to recognize the tech- systematically closed off opportunities have individual state programs that niques used with the gold dredges to graze on public lands, to harvest are working very well with respect to where they basically built this dredge timber on public lands, and to mine on mining in those states, wish to have in a pond and it dug ahead of itself and public lands. I challenge anyone to tell greater input into the draft regula- deposited the tailings, the pond was me that this trend has not led to a tions. These Governors, regardless of not any bigger than the dredge, it sim- major loss of rural jobs, Mr. President. party affiliation, have stated very ply moved, and yes, the tailings were Mr. President, the rural people of my clearly that the problems with the cur- evident at the time, but now the trees state know that the source of their rent law described by the Secretary have grown back into the tailings piles. problems has been an onslaught of cen- simply do not exist. They would prefer That is what is happening in these tralized government regulation. I to have several legal issues resolved areas where appropriate reclamation would like to read a letter from a prior to any modification of the cur- takes place, and the technology today young constituent of mine, T.J. Seely. rent 3809 regulations. I do not see any- is much more advanced than pre- He sums up, better than I could, what thing wrong with seeking guidance viously. So there is significant ad- the crux of this debate is really about. from an outside source as to how the vancement in the process. Mr. President, I ask unanimous con- current regulatory framework is defi- The system of reclamation is work- sent that this letter be entered into the cient. I believe the language we have in ing, and the States take pride in their RECORD along with my remarks. this bill addresses those concerns by obligation to address reclamation asso- Mr. President, T.J. asks me in his bringing in a non-biased entity to de- ciated with mining activity. You can’t letter, ‘‘What are you doing about jobs termine if the current regulatory create wealth, you can’t create jobs, in rural Utah?’’ Well, Mr. President, an framework is inadequate. and you can’t create prosperity with- important part of my answer to T.J. I sometimes wish we could be more out some kind of a footprint. Mining is will be that I voted against this amend- candid with each other. I am amazed at no exception. But with the technology ment today, and that I urged my col- what happens when we can sit down we have, we are addressing it and doing leagues to do the same. around the table and have an open dis- a better job. There being no objections, the letter cussion. We have been successful in the The problem with the proposal of my was ordered to be printed in the past, as my friend Senator BUMPERS friend from Arkansas is that he simply RECORD, as follows: well knows. Were it not for two or wants to have the Department of the JANUARY 19, 1998. three candid discussions, we would Interior come in and dictate terms and DEAR SENATOR HATCH: My name is T.J. have never reached agreement on Na- conditions—a nameless, faceless bu- Seely. I’m from Ferron, Utah. I am thirteen tional Park concessions reform. But reaucracy, accountable not to the peo- years old and I’m concerned that there won’t this is a case where BLM is not willing ple within the States, not to the people be any jobs when I’m out of high school. to admit what it is really trying to do. who work in the mining industry, not My dad is forty years old. He works for one The Secretary should admit that he is to the people who have jobs, families, of Pacific Corps. mines and I’m worried that trying to accomplish mining law re- he won’t have a job. mortgages, but to an indifferent De- In Utah I think that we have more of our form through the back door because partment of the Interior coming down share of Federal lands. the Administration lacks the votes in with regulations that would basically What are you doing about jobs in rural Congress. If he would simply say that, strangle the mining industry as we Utah, and what can I do about securing jobs I would say that I disagree with his po- know it today and force it overseas. in Utah? sition. But because of the lack of can- We have had a discussion about the Sincerely, dor around here, we go through various poultry industry. I am sorry that my T.J. SEELY. machinations and we find ourselves in friend from Arkansas stepped out brief- PROPOSED BLM 3809 REGULATIONS this situation where we now have to ly, but I have done a little investiga- Mr. BENNETT. Mr. President, I have bring in the National Academy of tion in the last few minutes relative to listened with interest to the discussion Sciences to provide a non-biased review the poultry industry in Arkansas, that has taken place today regarding so we can get the information to Con- which I know very little about. Clear- the Bumpers amendment and I would gress. I think this issue has moved to ly, the Senator from Arkansas is on like to express my views on the BLM’s the point where we are in need of unbi- record opposing any State regulation proposed 3809 Regulations. I am con- ased, outside counsel. If there is a prob- of mining that is evident today. But he cerned that my colleagues are facing lem, let’s fix it, if not, let’s leave well doesn’t oppose State regulation of his September 15, 1998 CONGRESSIONAL RECORD — SENATE S10353 State’s biggest industry, and that is Let me remind my colleagues that good for the goose or the chicken, but poultry. Small poultry farmers are not the mining bill before us would have I do know what is good for the mining subject to Federal law, clean water reg- pleased, I think, reasonable voices on industry in the United States today; ulation, even when large corporations both sides of the issue. It seeks reform, that is, to defeat and prevail on the actually own the chickens. It is left up which brings a fair return to the Treas- motion to table the Bumpers amend- to State law, even though it is a major ury. It protects the environment and ment to strike. water quality issue in those States preserves our ability to produce strate- Mr. President, I ask that the remain- with high populations of poultry. In gic minerals in an international mar- der of my time be indicated. Virginia alone, over 1,300 poultry oper- ketplace. I think the bill, when it even- The PRESIDING OFFICER. The Sen- ations produce 4.4 billion pounds of ma- tually reaches the floor of this body, ator has 11 minutes. nure a year. A so-called small poultry will receive support and pass. The leg- Mr. MURKOWSKI. I retain the re- operation can produce 540 tons of litter islation protects the small miners, it mainder of my time and yield to my per year. I haven’t heard the Senator maintains traditional location and dis- friend from Arkansas. The PRESIDING OFFICER. The Sen- from Arkansas arguing in favor of Fed- covery practices, and it is reform. It is ator from Arkansas. eral regulation, but perhaps we are get- an effort to do the job right. Bad deci- Mr. BUMPERS. Mr. President, here ting ahead of ourselves and we don’t sions are going to harm a $5 billion need to spread the issue around any is what the new regulations contain: U.S. industry whose products are the Regulations to minimize adverse en- more than we have, relatively speak- muscle and sinew of our Nation’s in- ing. vironmental impacts, if economically dustrial output. and technically feasible—that is a pret- Let me just highlight a few more The future of some 120,000 American points that I think are appropriate. ty big loophole; that is what these new miners and their families and their regulations provide—reclaim the land Let’s look at the gold industry in the communities is at stake here. So is the United States today. The layoffs total to its prior condition; bonding, enough well-being of thousands of other Ameri- approximately 3,500 workers—not be- bond to cover reclamation costs; and, cans whose income is linked to manu- cause the gold isn’t there, but the protect the air and water quality. facturing goods and services which sup- world price of gold has declined. As a Let me ask my opponents on this port this critical industry. consequence, these mines, such as the issue, to which of those do you object? In summary, Mr. President, I am HomeStake Mine in Lead, SD, a small To what do you object? going to be offering a motion to table community of fewer than 1,000 people, Mr. President, these arguments Senator BUMPERS amendment to strike where there are over 466 people that about the poor gold miners processing at 2:15 when the Senate reconvenes gold—I have heard those same argu- are out of work—that issue is not as a I want my colleagues to know ahead consequence of the issue before us ments year after year, and sometimes of time what my intentions are rel- when gold was more than $400 an today, but it is a consequence of the ative to the disposition of the Bumpers mining industry’s ability to operate ounce. If gold is cheap, that is the ar- amendment. gument. If gold is high, then it is jobs. internationally based on cost, based on Finally, let me, for the record, indi- the value of the gold in the ground, and If neither apply, then it is that bad old cate the position of the Western Gov- Federal Government trying to regulate a number of other considerations. ernors’ Association, which wrote in a The point is, when you go into the our lives—anything under God’s Sun to letter: mining industry, you go in for the long keep from doing anything to make the haul. You are going to have good years States already have effective environ- mining companies of this country do it mental and reclamation programs in place and bad years. But I think it is appro- right. and operating. These programs ensure that This is the simplest amendment in priate that we take a look at the indus- national criteria where they exist in current try as it exists in the Western States. law are met and allow the States site-spe- the world. Everybody knows what it is. There are 5,000 people employed in my cific flexibility for the remaining issue. For 17 years, since 1981, we have been State of Alaska. In California, there We have letters from the Governors living with regulations for the most are 115,000 people with jobs directly or of Arizona, New Mexico, Idaho, Wyo- part which were hopelessly out of date. indirectly affected by the mining in- ming and Utah—written letters in sup- In the meantime, we have been allow- dustry; Colorado has 19,000; Idaho has port of having the National Academy ing cyanide to go into the rivers and 7,000; Montana, 9,000; Nevada has 11,000; of Sciences conduct a review of the ex- streams and the underground aquifers South Dakota, 8,000; the State of Wash- isting State and Federal regulations of this country, and they don’t want to ington has 26,000. governing mining to determine their do anything about it. They don’t want So I remind the Senators from those deficiencies. a regulation or a rule that makes peo- States that are directly affected, with One other point, Mr. President. I ple responsible for that. a significant payroll, a number of jobs think it is noteworthy, to my col- I think I have said everything I can are dependent directly or indirectly on leagues who have perhaps been follow- possibly say about this issue. I will the mining industry, and it is very im- ing some of our Nation’s environ- simply say I may lose this afternoon, portant that we have a mining industry mental leaders, the comment that was and probably will. And when 27 months that has regulations that are respon- made in December 1997 by former Sec- have gone by, unless somebody takes it sive to the legitimate environmental retary of the Interior, Governor Cecil on again next year, maybe we will get demands, but at the same time recog- Andrus. When the 3809 regulations were James Watt back as Secretary of the nize that this industry fluctuates with promulgated back in 1980, Governor Interior and we will not have to worry market price, world prices, unlike Andrus was Secretary of the Interior. about things like this anymore. This is many other items that we might not So this gentleman knows of what he very carefully crafted to say to Bruce have a fair comparison with. speaks. Babbitt that you cannot do anything— Finally, let me in the remaining mo- In December, Governor Andrus stat- you can’t do anything until the year ments again refer to the effort that has ed: 2001. At that time, my opponents on been made that is pending before the For over 20 years, I submit, the 3809 regula- this divinely hope that there will be a U.S. Senate. It is ready for markup. tions have stood the test of time. These are Republican President and there will be That is the mining bill that Senator the regulations that we are talking about a Secretary of the Interior who will do CRAIG and I have offered. It was a solid today, the ones the Secretary of the Interior their bidding. That may happen. And in foundation upon which to build mining proposes to change. the meantime, unmitigated, reform. We made an accommodation to Further, I quote: unfathomable economic disasters will the Senator from Arkansas not to Those regulations revolutionized mining continue to occur. mark it up in order for him to initiate on the public lands. Bruce Babbitt, who If this is an issue for the Senate to do an effort to reach a compromise with should know better, is trying to fix things something about, all you have to do is the mining industry to resolve long that are not broken and accomplish some vote yes. If you do not want to do any- standing issues. Evidently, this has not mining reform laws through the back door. thing about it, then vote no. yet happened, although I still have Mr. President, that is just what this Mr. President, I yield the floor, and I hopes. issue is about. I don’t know what is yield the remainder of my time. S10354 CONGRESSIONAL RECORD — SENATE September 15, 1998 Mr. MURKOWSKI. Mr. President, let Mr. BUMPERS. Mr. President, I ask Mr. BUMPERS. Mr. President, par- me thank my friend from Arkansas for unanimous consent that the order for liamentary inquiry: Is time to be his input and his consistent effort to the quorum call be rescinded. charged against both parties when bring this issue before this Congress, The PRESIDING OFFICER. Without there is nobody speaking? and certainly the U.S. Senate. objection, it is so ordered. The PRESIDING OFFICER. The Sen- I must differ with him on his inter- Under the previous order, there is ator is correct. pretation. It is not unmitigated disas- now 10 minutes to be equally divided Mr. BUMPERS addressed the Chair. ter. I think every Member of the West- with respect to the Bumpers amend- The PRESIDING OFFICER. The Sen- ern States, and those States that have ment. ator from Arkansas. mining, recognize that there are cer- Mr. BUMPERS. Mr. President, I ask Mr. BUMPERS. Mr. President, let me tainly ills. But there is also an obliga- unanimous consent that the time for just say to what few colleagues may be tion and a pride to correct them, and the start of the debate be extended to listening, in 1976, the Secretary of the those corrections are underway. But the hour of 2:25. Interior was charged with the respon- the suggestion that the Department of The PRESIDING OFFICER. Without sibility of making sure that people who the Interior should have the broad au- objection, it is so ordered. mine on Federal lands belonging to the thority to come in with sweeping new Mr. BUMPERS. Mr. President, I sug- taxpayers of America, not cause undue regulations that would in many cases gest the absence of a quorum. degradation of the land. have an adverse effect on the indus- The PRESIDING OFFICER. The In 1981, the Secretary promulgated try’s ability to be internationally com- clerk will call the roll. regulations to determine how mining petitive is the threat proposed by the The legislative clerk proceeded to would take place. It was obvious after Department of the Interior. As a con- call the roll. that that the gold mining companies sequence, I would again expect to offer Mr. BUMPERS. Mr. President, I ask were using cyanide—cyanide—to mine a motion to strike the amendment, and unanimous consent that the order for gold. We have had three unmitigated a tabling motion. the quorum call be rescinded. disasters since 1981. We have cyanide I yield the remainder of my time. I The PRESIDING OFFICER. Without running in the rivers and streams and thank my good friend for the spirited objection, it is so ordered. our underground water supplies of this debate. We will keep him informed of Mr. BUMPERS. Mr. President, I ask country. the progress and the eventual resolve unanimous consent that the time for In 1991, Secretary Lujan tried to of this issue, if we don’t get it done the 10-minute debate previously or- change the rules so we could take care today. dered commence as of now, and I yield of that, as well as other things that Mr. BUMPERS. Mr. President, par- 2 minutes to the Senator from Louisi- needed to be taken care of. liamentary inquiry. Is there 10 minutes ana, Senator LANDRIEU. In 1993, everybody said, ‘‘No, let’s equally divided beginning at 2:15 on The PRESIDING OFFICER. The Sen- wait; we’re going to get a new bill.’’ this amendment? ator from Louisiana is recognized for 2 Nothing happened. The PRESIDING OFFICER. The Sen- minutes. In 1997, Secretary Babbitt started to ator is correct. Ms. LANDRIEU. Mr. President, I join promulgate rules to try to take care of Mr. BUMPERS. I thank the Chair. my distinguished colleague from Ar- underground leeching of cyanide poi- f kansas to add just a moment of my soning, as well as a whole host of other thoughts to the tremendous argument things. Senator REID got an amend- RECESS he has made to strike this language ment put on last year that said every The PRESIDING OFFICER. Under from the Interior appropriations bill Governor in the West would have to the previous order, the hour of 12:30 and to try to move us on in a path of sign off on that. We finally com- having arrived, the Senate will now real reform on this issue, reform that promised by saying the Secretary stand in recess until the hour of 2:15. is so long overdue. Since 1971, attempt would have to consult with Governors Thereupon, the Senate, at 12:29 p.m. after attempt after attempt has been of the West, which he did and which recessed until 2:16 p.m.; whereupon, the made, either to pass laws to reform the they certified that he did. Senate reassembled when called to 1872 statute—attempts that have failed This year, they come in and say, ‘‘No, order by the Presiding Officer (Mr. because there is not enough support— let’s don’t do it yet; let’s have the Na- COATS). or we have tried to take some steps tional Academy of Sciences study it.’’ f through regulations. Yet delay after It takes 27 months, 27 more months delay after delay has taken place. under this amendment to get these DEPARTMENT OF THE INTERIOR I want to submit for the RECORD, to rules promulgated, carefully orches- AND RELATED AGENCIES APPRO- date $71 billion in damages have oc- trated to go past the year 2000 and, PRIATIONS ACT, 1999 curred at taxpayer expense from hard hopefully, to get a Secretary of the In- The Senate continued with the con- rock mining—$71 billion. Mr. Presi- terior to their liking so we can con- sideration of the bill. dent, we have 557,000 abandoned hard tinue to pollute the rivers and streams AMENDMENT NO. 3591 rock mining sites in the United States of underground aquifers of this country The PRESIDING OFFICER. Under alone that have to be dealt with, 300,000 with cyanide poisoning. the previous order, there is now 10 min- acres of Federal land left unreclaimed, People of this country have a right to utes equally divided with respect to the 2,000 sites in national parks in need of expect something better than that, and Bumpers amendment. reclamation, as well as 59 Superfund all I am doing is striking this so that Mr. BUMPERS addressed the Chair. mining sites on the National Priorities the Secretary can go ahead and issue The PRESIDING OFFICER. The Sen- List and 12,000 miles of polluted rivers. the rules on November 17. If the Con- ator from Arkansas. When will the taxpayers get some re- gress doesn’t like them, let them Mr. BUMPERS. Mr. President, both lief from this law that is so far out- change them. But for God’s sake, let’s caucuses are still in session. I ask dated and has long since met its origi- keep faith with the American people unanimous consent that the beginning nal intent? Besides the giving away of and say we are going to do something of the debate, 10 minutes equally di- the land for pennies, the taxpayers are about Summitville, CO, 1992. The bond vided, begin at 2:20 p.m. then held to pick up the tab for the was insufficient. They took bank- The PRESIDING OFFICER. Is there damage that is caused. There are some ruptcy. Zortman-Landusky, MT, 1998; objection? Without objection, it is so reasonable solutions that do not dev- Gilt Edge, SD, 1998. ordered. astate the industry but they do begin The PRESIDING OFFICER. The Sen- Mr. BUMPERS. Mr. President, I sug- to clean up our environment. ator’s time has expired. gest the absence of a quorum. I support the Honorable Senator from Mr. BUMPERS. I plead with my col- The PRESIDING OFFICER. The Arkansas and ask all of our colleagues leagues and simply say let the Sec- clerk will call the roll. to join with him in this amendment. retary do the job we hired him to do The legislative clerk proceeded to The PRESIDING OFFICER. Who and promulgate the rules we told him call the roll. yields time? in 1976 he ought to promulgate.