Mining measure stripped from bill

Montana coalition helps defeat legislation that would have allowed sale of federal lands

Legislation that would allow federal lands to be sold for mining has been abandoned in Congress, not long after a coalition of 30 Montana sportsmen's groups joined national opposition to the plan.

Craig Sharpe, executive director of the Montana Wildlife Federation, said the withdrawal was prompted by widespread criticism of the plan, expressed in a National Wildlife Federation letter representing hunting and fishing organizations in 40 states. But the measure's sponsors cited procedural problems as the reason for dropping the legislation.

Rep. Richard Pombo, R-Calif., and Rep. Jim Gibbons, R-Nev., proposed the "modernization" measure for the archaic 1872 Mining Law as part of the House budget bill last month.

The legislation would have allowed mining companies or other investors to stake claims on federal lands through a process called "patenting." Opponents say purchasers could buy land for market value, or as little as $1,000 an acre. Congress suspended patenting 11 years ago after incidents of public land purchasers "flipping" the properties for real estate

The Montana coalition, led by the Montana Wildlife Federation, blasted the plan as "the most scandalous public land grab in recent history."

They demanded that the mining language in the bill be stripped immediately. Similar calls came from hunting and fishing groups across the country, dwindling prospects for the legislation, particularly in the Senate.

Pombo and Gibbons announced late Tuesday that they were dropping the mining provisions.

"After extensive negotiations with the Senate Budget Committee, unfortunately it has become clear that the integrity of the mining law modernization policy I authored in the House could not be maintained while also complying with Senate procedural rules of the reconciliation process," Gibbons said in a press release.

"While I am disappointed that procedural rules in the Senate will prevent us from moving forward with these provisions in the budget reconciliation process, I remain committed to modernizing the mining law to meet our 21st century needs," said Gibbons, who was an attorney representing mining interests before he was elected.

Because of Gibbons' stated commitment, Sharpe said the issue likely will return.

"He guarantees to us all that he's going to be back on this issue and that's of great concern to us," Sharpe said, adding that Gibbons' explanation fails to acknowledge the pressure that hunters, anglers and outdoor recreationists applied to lawmakers over the last month.

"He does not concede to the fact that hunters and anglers across this country value these lands and don't want them sold," Sharpe said. "This should be a clear picture to not only Pombo and Gibbons but to Montana's delegation as to how valuable our public lands are for hunting and fishing and as habitat that supports fish and wildlife."

Sen. Conrad Burns, R-Mont., opposed the Pombo-Gibbons legislation, but says he supports the idea of selling public lands under certain conditions.

"Pombo's language won't survive the Senate," Burns predicted last week. "While I'm supportive of selling public lands, it has to be a homegrown idea. The local folks most impacted by a sale have to be on board, and it needs that community support before it can go forward. I'm not supportive of the language as it is currently written."

Sen. Max Baucus, D-Mont., was adamantly opposed to the legislation, calling it an "assault on Montana's hunting and fishing lands."

Baucus issued a press releasing hailing the legislation's failure.

"Folks across the West are breathing a little easier today," he said. "And for good reason. This provision should never have been included in the bill in the first place. I'm proud that we worked together to kill this thinly veiled attempt to sell off public lands that are important to hunting and fishing."

Rep. Denny Rehberg initially supported the measure but later changed his position, saying that he wouldn't support it unless it was changed significantly, including a guarantee for perpetual public access to lands that are sold.

Sharpe says that change would have been worthless. "What good is that access if the land is going to be mined?" he said.

"What we need is a congressional delegation that should be proudly standing up in defense of our public lands," Sharpe said.

The Montana coalition opposed to the Pombo-Gibbons legislation include the Montana Wildlife Federation, local rod and gun clubs, and Montana Trout Unlimited and its local chapters across the state.