Show t ia i l tX Western Resources WRAP WRAP-UP 1 Revision of 1872 mining law An effort will begin this fall to update the 1872 rock hard mining law under unique cir cir cir- The mining industry finds find itself partially backing Chairman Morris K K Udall D D D- Ariz of the House Interior Committee in his efforts efforts efforts' to to to update p tc the law Jaw I because Udall has changed his position on how howit it should be changed Udall has abandoned his efforts to extend a federal leasing system to rock hard-rock minerals on the public lands and has announced his support for continuing the present patent location system favored by the industry Udall has major problems in his Second Southern Arizona District where the copper industry industry in in- has laid off workers with more offs lay in prospect and where a recall petition has been circulated against him since Sept 13 by bythe bythe bythe the Arizona Small tine Mine Operators Association of Tucson If the recall petitioners were able to secure valid signatures of eligible voters by Jan 11 1978 Udall would face a recall election in July 1978 Its It's an acute embarrassment to Udall and it could give him real trouble in next years year's election even if the recall fails should the copper industry continue to tobe tobe tobe be in the doldrums The industry as represented by the larger companies affiliated affiliated af af- af with the American Mining Congress has no choice but to help Udall with the revisions of the ancient mining law as he has requested For if Udall fails to win re-election re next year Rep Phillip Burton D D-Calif is In line to become Committee Chairman Burton is ardently pro and anti anti- industry on revision of the 1872 act Burton is planning to introduce introduce in in- the Administrations Administration's proposed leasing bill directly It sent to Congress on Sept 14 a proposal for major overhaul of the 1872 1812 act which it calls totally outdated and inadequate It UNDER the 1872 mining law any prospector who discovers a valuable mining deposit in the rock hard mineral category category- mainly copper lead zinc silver gold and uranium may locate a mining claim on public land After he has recorded the claim he can start mining He can file for a patent under the 1872 law which will give him legal al title liUe to both beth the surface and subsurface land where his claim is located providing he meets the requirements of the law including continuing work on his claim Generally speaking public land managers dont don't like mining on public lands because it disturbs the surface brings criticism from and environmentalists and prevents use of the land while it itis itis itis is being mined for other pur pur- poses Above all they have little lillie or no control over the miner or the claim because the 1872 law gives any person a aright aright aright right to stake a claim on public land To prevent mining in many areas the federal government has withdrawn them from location and entry under the mining law Over the intense objection of the mining industry industry industry in in- federal withdrawals have removed large amounts of mineralized land from the operation of the 1872 law Only a change in the law will slow slowdown slowdown slowdown down use of withdrawal HOW 1101 UDALL WOULD CHANGE TilE TIIE LAW The present system isn't satisfactory either to the industry industry industry in in- or the federal land managers in the Interior Department or the US U.S. Forest Service in the Agriculture Department The Forest Service Service Service Ser Ser- vice went ahead and put out regulations to protect surface resources when mining takes place in national forests after it appeared Congress was not going to change the 1872 law anytime soon That Tha t was in January 1975 The Bureau of Land Management 1 is still wrestling with similar regulations on the public domain and other public lands land under its jurisdiction and its second set of propose proposed regulations is expected to be issued in October after months of delay The Coalition of Western Senators and citizens representing a cross- cross section of the public griped so much about the initial that put in the Federal Register as proposed rulemaking rulemaking rulemaking rule- rule making on Dec 6 1976 that the first set has been abandoned Udall Udal told the Arizona Mining Association on Aug 30 he would like to see regulations to minimize adverse environmental environmental environmental en en- impacts from mining on public lands codified in the law I have told the industry I would like to strike a bargain with them Ud Udall ll told Western Resources Wrap-up Wrap in an interview this past week If they will act in a responsible manner by agreeing to a mining plan before mining on public land pay royalties on the mineral extracted from public land agree to surface owner consent where the land under the surface surface surface sur sur- face is owned by the federal government and clean up after themselves I will abandon my leasing proposal and help work workout workout workout out some of the most burdensome burdensome burdensome bur bur- problems under the 1872 law Udall told |