This winter Sheep Mountain Alliance (SMA) joined a partnership of several advocacy groups focused on enacting new legislation for mining reform at both the state and federal levels.  As the pressure for oil, gas and hardrock extraction continues to grow, so do the impacts on public lands, human health, the environment and wildlife we cherish in our region.

The following pieces of legislation were crafted to regulate against some of those impacts. While many individuals and organizations deserve the credit for the most recent success of both House Bill 1161 and Senate Bill 228, SMA and the Western Mining Action Project/Environment Colorado working group would like to thank the San Miguel commissioners for taking the lead of elected officials in endorsing support for all of these efforts.

House Bill 1161
– Addresses in-situ uranium mining, an operation which deliberately pumps and contaminates aquifers with chemicals designed to force or “leach” out uranium and toxic heavy metals from underground. Injection or in-situ uranium mining projects regularly increase radioactive toxics and heavy metals into groundwater such as arsenic, selenium, radium, uranium, molybdenum and vanadium. These pollutants are known to harm human health, wildlife, livestock and agriculture.

HB 1161 protects groundwater quality by setting reasonable standards that allow mining to take place but protect domestic and agricultural water resources. Mining companies will be forced to demonstrate and prove that they can restore the affected aquifers to their pre-mining conditions before permits are issued. It would also prevent conventional uranium mines permitted in the ‘70s from escaping the 1993 property, public health and water quality protections put in place after the Summitville mining disaster.

On March 31  HB 1161 passed the House Floor with a vote of 49-16. Our Rep Ray Rose voted against.

On April 30 HB 1161 passed on the Senate Floor with our Senator Isgar voting against.
Senate Bill 228

– Mining can mar landscapes, release toxics and radioactive pollution such as arsenic, lead, selenium, uranium, and zinc. These threaten air and water quality, wildlife, our lands and our health.

SB 228 will open up the mineral prospecting permits in Colorado to public notice. Coloradoans deserve the right to know about mine drilling and exploration that could threaten their property and ground water, while respecting the industry’s right to protect truly proprietary mining information, such as drill and well log data. SB 228 was softened slightly to allow the Mine Land Reclamation Board to determine “trade secrets”.

On May 5, SB 228 passed out of the legislature! Senator Isgar co-sponsored this bill. Both bills are now headed to the Governor ,who is expected to sign these important steps toward protecting Colorado communities from irresponsible uranium mining.
 Colorado Oil and Gas Conservation Committee Rulemaking:

COGCC was established to promote the exploration and production of oil & gas resources in a manner consistent with the protection of public health safety and welfare and prevent adverse impacts to the environment.

During the 2007 State legislative session two bills passed outlining the need for several changes to the rulemaking process especially in the areas of environmental and wildlife protections. After a lengthy public hearing process there are now draft rules available for comment. After starting off with strong new regulations in place, the industry was able to convince the commission to pare down several regulations.

SMA along with many other Colorado environmental groups are urging the Commission to include strong regulations for drinking water protections, setbacks from homes, wildlife protection and land restoration. SMC BOCC has also been directly involved in this rulemaking process.

 Federal Hardrock Mining and Reclamation Act of 2007 (HR2262, 1872 Mining Law Reform) – The 1872 Mining Law was passed to promote development and settlement of publicly owned lands in the Western US. There were no environmental protections in place at the time and it has been historically interpreted to trump all other potential uses of public lands leaving tax payers liable for billions in clean up costs at currently operating mines.

Representatives Rayhall (D-WV), Shays (R-CT) and Inslee (D-WA) introduced HR2262) a bill to reform the 1872 Mining Law. It included fiscal reform, environmental protection provisions, recognition of land resources values besides mining and a program to clean up abandoned mines.

On November 1, 2007 the House voted 244 to 166 to pass HB 2262. Congressman Salazar voted to approve.

At this point the effort to move this bill forward in the Senate has been stymied by various factions. There is talk that Senator Bingaman (D-NM) is moving forward with a draft. Senator Salazar (D-CO) has stated that he is also working to move a bill forward. President Bush has threatened to veto, nevertheless we continue to work with several organization to publicize the effort in hopes of future movement.

We hope to soon have regular updates at www.sheepmountainalliance.org.