Changes to mining provision defunct - Public land sale ban still in effect

Pombo's privatization of public lands bid is dead for now

Washington - A change in federal mining law that opponents feared would open millions of acres of public land in the West to development is dead for this year.

The sponsor of the amendment, Rep. Jim Gibbons, a Nevada Republican, conceded defeat after senators told him his provision in a House budget bill would violate Senate rules against passing major new legislation as part of the budget reconciliation bill, which is only supposed to make changes in spending.

"I remain committed to modernizing the mining law to meet our 21st-century needs," Gibbons said.

The provision, part of the House spending bill, would have lifted an 11-year ban on the "patenting" or sale of public land that is being mined. It would also allow the owner to develop the property for homes or other uses once the minerals are gone.

Gibbons had said his intent was only to help some Nevada communities develop areas where the mines had played out. House Resource Committee staff said the change would immediately affect just 360,000 acres of U.S. Forest Service and Bureau of Land Management property where mining is under way, including 719 acres in New Mexico.

But opponents charged the provision could have allowed developers to obtain any BLM or Forest Service property for as little as $1,000 an acre by claiming they intended to mine on the land.

Several Western governors, including Gov. Bill Richardson, had objected to the change, which drew opposition not only from environmental groups, but hunters, fishermen and ski resorts.

Richardson said he was pleased "this terrible proposal has been dropped. We need to protect these areas for future generations to enjoy, not conduct a shortsighted fire sale."

Every member of the New Mexico congressional delegation, except Rep. Steve Pearce, a Hobbs Republican, was opposed to the change.

Sen. Jeff Bingaman, a Silver City Democrat, said the "flawed proposal" would have diminished New Mexicans' access for hunting, fishing and other recreation, and "deprived taxpayers of a fair return on the value of their public lands."

On Tuesday, Sen. Larry Craig, an Idaho Republican who supports changes in the mining law, said the House provision had drawn objections from the Senate Budget Committee and the Senate parliamentarian. Overcoming those objections would take a two-thirds vote of the Senate.

Copyright 2005 Albuquerque Tribune - Reprinted with permission


 

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