Mining and Environmental Stewardship - National Mining Association

Mining and Environmental Stewardship
Natural resource development affects communities
and the environment. The overall benefits of U.S. mining
to our economic well-being and quality of life are
established and positive. In addition, host communities
enjoy strong employment coupled with family-wage
jobs, economic activity from the purchase of goods
and services and fees and taxes paid to local, state and
federal governments.
Mining’s environmental footprint continues to be
reduced as a result of improved technology and better
scientific information; two generations of specially
trained environmental, wildlife and reclamation professionals;
a comprehensive framework of state and
federal laws and regulations that commences with the
initial mine plan and carries through to completed
reclamation of the mine site; public participation in the
regulatory process; and voluntary efforts and innovative
actions by mine operators.
Each of these is a significant contributor to the
environmental outcomes at mine sites. The legal and
regulatory framework includes the following:
Environment Laws and Regulations
Applicable to Mining Operations
• Clean Air Act
• Clean Water Act
• Safe Drinking Water Act
• Resource Conservation
and Recovery Act
• Comprehensive
Environmental Response,
Compensation and
Liability Act
• Surface Mining Control
and Reclamation Act
• Endangered Species Act
• National Historic
Preservation Act
• National Environmental
Policy Act
• Wilderness Act
• Coastal Zone
Management Act
• Federal Land Policy and
Management Act
• Toxic Substances Control
Act
• Wild and Scenic Rivers Act
• Mining in the Parks Act
• Migratory Bird Treaty Act
• Rivers and Harbor Act
• BLM Surface Management
Regulations
• Forest Service Surface
Management Regulations
Environmental Impact Review
Every mining project is subject to a number of federal
and state environmental laws and regulations that evaluate
a project’s impacts to the land, air, water, fish and
wildlife species and historic properties on and adjacent
to the project site. Impacts, including cumulative impacts,
on the overall welfare of host communities are
also fully considered under the National Environmental
Policy Act (NEPA).
Public Involvement
Projects undergoing environmental review must comply
with public notice and comment provisions of the
relevant laws as a part of the permitting process. In
addition, many of the federal environmental regulations
provide for a public hearing on the proposed
project and its impacts. Projects requiring a federally
issued permit must comply with NEPA requirements
to provide a transparent process for public review of
each alternative considered for the project before any
permit is issued.
Reclamation
Reclamation and restoration of mined lands and waters
is required by federal environmental laws. Federal
and state mining regulations require that mined lands
be reclaimed to specified standards. For example,
lands mined for coal must be restored to the pre-mine
approximate original contour or obtain a waiver for
another approved post-mined land use. In steep-slope
areas, where flat land for private and commercial
development is scarce, mined lands have been
restored and used to build schools, airports, recreational
fields and facilities, industrial parks and
agricultural uses, for the benefit of the communities
they serve. Mitigation and restoration of
streams and wetlands after mining has resulted
in new and improved fish and wildlife habitat.
Since 1977, more than 2.5 million acres of previously
mined land have been reclaimed by mining
companies.
Financial Assurance
Mining operations are subject to financial
responsibility requirements to cover the costs
101 Constitution Avenue N.W. | Suite 500 East | Washington, DC 20001 | 202. 463. 2667 | www.nma.org

of the approved reclamation plan. Prior to conducting
exploration or operations, mining companies must provide
the appropriate regulatory authority with a financial
assurance mechanism to cover the cost of reclamation
if, for any reason, the company is unable to perform the
reclamation. Generally, the amount of financial assurance
required is calculated to cover the costs of reclamation
if the reclamation were performed by an independent
third party contractor. Financial assurances are reviewed
and updated regularly and often include funds to cover
construction of treatment facilities and long-term water
quality treatment.
Elimination of Legacy Impacts
The mining industry voluntarily undertakes projects
aimed at addressing environmental impacts from historic
or pre-law mining activities. These projects, whether
accomplished independently, or in conjunction with the
governmental entities or local community groups, result in
net environmental benefits including, elimination of high
walls, improved water quality and fish and wildlife habitat.
101 Constitution Avenue N.W. | Suite 500 East | Washington, DC 20001 | 202. 463. 2667 | www.nma.org