17 | April | 2012 | Be a Seed for Change

Tell Congress: Update the Mining Law of 1872!

Chicago Peak is located in Western Montana‘s Cabinet Mountains Wilderness Area, and is a holy place for the Salish and Kootenai native tribes.

In other words: It’s a terrible location for a massive proposed copper and silver mine.¹

But under the shockingly antiquated General Mining Law of 1872, the National Forest Service says it has no choice but to approve the mine. Even worse, this relic of a law will hand nearly $20 billion dollars worth of publicly owned minerals to Canadian company Revett Minerals, totally for free.² We get nothing.

This mine is only one example. Overall, Congress’s failure to update our 140-year-old mining law is one of the most egregious, expensive and destructive failures in federal land management.

Tell Congress: It is long past time to update the General Mining Law of 1872!

The General Mining Law of 1872 is literally an artifact of another era. In 1872, Women could not vote in America. There were only 37 States in the Union. And our government sought to settle the vast Western territories by handing out mining rights to fortune-seeking settlers.

Yet today, this relic continues to govern hard rock mining of metals like copper, uranium, silver and gold. The result is a massive giveaway to giant mining companies that rips off taxpayers to the tune of tens of billions of dollars. Under the law:³

• Mining leases can be purchased at 1872 prices of $2.50 – $5 an acre.
• Companies can mine publicly owned mineral resources without paying any royalties. We just give it away!
• Federal land managers must prioritize mining over all other land uses.
• The law contains NO environmental protections — which has led to the pollution of more than 40% of Western U.S. watershed, and left us holding the bill for an estimated more than $30 billion in mine cleanup and reclamation.

Tell Congress: Update the Mining Law of 1872!

Tell Congress: Update the Mining Law of 1872! Click here to automatically sign the petition.

In today’s world of giant, international mining conglomerates using massive pieces of equipment and polluting huge volumes of water to rip up the earth — as opposed to Wild West times of risk-taking prospectors and their pack mules seeking fortune – this law should be a page in history books, not our actual law books!

Congress has twice tried and failed to reform the law. But it’s long past time for an updated mining law that allows land managers to protect unique public lands from mining, implements strong environmental standards for mines, collects funds for mining reclamation, and puts a fair royalty on the extraction of these publicly owned resources.⁴

It is crazy that our mining law pre-dates the invention of the telephone and the light bulb. Tell Congress to update this massive giveaway, the General Mining Law of 1872.

1. “Big Mine. Bigger Trouble,” Rock Creek Aliance
2. “A Sacred Peak With Rich Ore Deposits,” New York Times, April 9, 2012
3. “General Mining Law of 1872,” Earthworks
4. “1872 Mining Law Reform Requirements,” Earthworks

the Senate Convenes: 10:00am

Following any Leader remarks, the Senate will be in morning business until 11:00am with Senators permitted to speak therein for up to 10 minutes each with the Republicans controlling the first half and the Majority controlling the final half.
Following morning business, the Senate will consider the motion to invoke cloture on the motion to proceed to S.1789, the Postal Reform bill with up to 10 minutes of debate equally divided and controlled between the two Leaders or their designees. By consent, the motion to proceed to the motion to reconsider the vote by which cloture was not invoked on the motion to proceed to S.1789 (on March 27, 2012) will be agreed to and the motion to reconsider will be also be agreed to. Upon the use or yielding back of time (at approximately 11:10am), there will be a roll call vote on the motion to invoke cloture on the motion to proceed to S.1789, the Postal Reform bill, upon reconsideration.
The Senate will recess from 12:30pm until 2:15pm to allow for the weekly caucus meetings.

11:15am The Senate began a roll call vote on the motion to invoke cloture on the motion to proceed to S.1789, the Postal Reform bill; Invoked: Invoked: 74-22

The Senate is debating the motion to proceed to S.1789, post cloture.

By unanimous consent, the motion to proceed to S.1789, the Postal Reform bill was agreed to. Senator Reid then asked consent that only relevant amendments be in order to the bill. Senator Paul objected to his request.

Senator Reid then withdrew the committee-reported substitute amendment and offered the Lieberman-Collins substitute amendment #2000, filled the remainder of the amendment tree and filed cloture on the substitute amendment #2000 and filed cloture on S.1789.

If no agreement is reached, the cloture vote on the substitute amendment will occur on Thursday morning.

Lastly, Senator Reid moved to proceed to Legislative Calendar #312, S.1925, the Violence Against Women Reauthorization Act.

The filing deadline for first degree amendments to the Lieberman-Collins substitute amendment #2000, as modified and to S.1789, the Postal Reform bill is 1:00pm on Wednesday. If your Senator has a germane first degree amendment and would like to preserve his or her ability to offer, please send a signed copy of the amendment to the cloakroom prior to the deadline. If you have already filed, there is no need to re-file.

WRAP UP

ROLL CALL VOTE

1) Motion to invoke cloture on the motion to proceed to S.1789, the Postal Reform bill; Invoked: 74-22

LEGISLATIVE ITEMS

Adopted S.Res.420, designating April 5, 2012, as “Gold Star Wives Day”.

Adopted S.Res.421, designating April 20 through 22, 2012 as “Global Youth Service Day”.

Adopted S.Res.422, commending and congratulating the University of Kentucky men’s basketball team for winning the Division I NCAA Championship.

Adopted S.Res.423, congratulating Western Washington University for winning the 2012 National Collegiate Athletic Association Division II Men’s Basketball Championship.

No EXECUTIVE ITEMS

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CURRENT HOUSE FLOOR PROCEEDINGS

LEGISLATIVE DAY OF APRIL 17, 2012

112TH CONGRESS – SECOND SESSION

-SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.7:14:53 P.M. -ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.7:14:21 P.M. -H.R. 4089Motion to reconsider laid on the table Agreed to without objection.7:14:19 P.M. -H.R. 4089On passage Passed by the Yeas and Nays: (Roll no. 164).7:05:11 P.M. -H.R. 4089On motion to recommit with instructions Failed by recorded vote: (Roll no. 163).6:47:40 P.M. -H.R. 4089The previous question on the motion to recommit with instructions was ordered pursuant to the rule.6:38:34 P.M. -H.R. 4089DEBATE – The House proceeded with 10 minutes of debate on the Tierney motion to recommit with instructions, pending reservation of a point of order. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to authorize funds for the Commodities Futures Trading Commission to effectively enforce oversight of the oil market to combat speculation, and market manipulation. It would also prohibit Members from engaging in hunting or fishing trips on Federal land paid for by registered lobbyists. Subsequently, the reservation of a point of order was removed.6:38:13 P.M. -H.R. 4089Mr. Tierney moved to recommit with instructions to Natural Resources.6:38:11 P.M. -H.R. 4089The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.6:37:11 P.M. -H.R. 4089The previous question was ordered pursuant to the rule.6:37:10 P.M. -H.R. 4089The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4089.6:37:04 P.M. -H.R. 4089On agreeing to the Foxx amendment; Agreed to by recorded vote: (Roll no. 162).6:31:32 P.M. -H.R. 4089On agreeing to the Heinrich amendment; Failed by recorded vote: (Roll no. 161).6:27:18 P.M. -H.R. 4089On agreeing to the Peters amendment; Failed by recorded vote: (Roll no. 160).6:23:52 P.M. -H.R. 4089On agreeing to the Grijalva amendment; Failed by recorded vote: (Roll no. 159).6:19:46 P.M. -H.R. 4089On agreeing to the Holt amendment; Failed by recorded vote: (Roll no. 158).5:55:25 P.M. -H.R. 4089UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.5:54:50 P.M. -H.R. 4089The House resolved into Committee of the Whole House on the state of the Union for further consideration.5:54:37 P.M. -H.R. 4089Considered as unfinished business. H.R. 4089 — “To protect and enhance opportunities for recreational hunting, fishing and shooting.”5:53:25 P.M. -Ms. Foxx filed reports from the Committee on Rules, H. Res. 619 and H. Res. 620.5:53:19 P.M. -The House convened, returning from a recess continuing the legislative day of April 17.5:10:57 P.M. -The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair.5:10:40 P.M. -H.R. 4089Committee of the Whole House on the state of the Union rises leaving H.R. 4089 as unfinished business.5:10:29 P.M. -H.R. 4089On motion that the Committee rise Agreed to by voice vote.5:10:10 P.M. -H.R. 4089Mr. Hastings (WA) moved that the Committee rise.5:09:47 P.M. -H.R. 4089POSTPONED PROCEEDINGS – At the conclusion of debate on the Foxx amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.4:58:28 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Foxx amendment No. 8.4:58:24 P.M. -H.R. 4089An amendment, offered by Ms. Foxx, numbered 8 printed in House Report 112-444 to require Presidential monument designations provided for under the Antiquities Act to be approved by the state legislatures and governors where the proposed monument is located.4:57:59 P.M. -H.R. 4089POSTPONED PROCEEDINGS – At the conclusion of debate on the Heinrich amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Heinrich demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.4:46:51 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Heinrich amendment No. 7.4:46:49 P.M. -H.R. 4089An amendment, offered by Mr. Heinrich, numbered 7 printed in House Report 112-444 to preserve hunting, fishing and recreational shooting in wilderness areas by specifying that the underlying bill will not allow development and motorized recreation in wilderness.4:46:36 P.M. -H.R. 4089By unanimous consent, the Bishop (NY) amendment was withdrawn.4:43:07 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (NY) amendment No. 6.4:43:05 P.M. -H.R. 4089An amendment, offered by Mr. Bishop (NY), numbered 6 printed in House Report 112-444 to allow for recreational fishing of Atlantic Striped Bass in the Block Island Sound transit zone.4:42:38 P.M. -H.R. 4089On agreeing to the Fleming amendment; Agreed to by voice vote.4:33:54 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Fleming amendment No. 5.4:33:52 P.M. -H.R. 4089An amendment, offered by Mr. Fleming, numbered 5 printed in House Report 112-444 to prohibit the Forest Service from banning hunters with dogs during deer season on Kisatchie National Forest.4:32:29 P.M. -H.R. 4089POSTPONED PROCEEDINGS – At the conclusion of debate on the Peters amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Peters demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.4:21:59 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment No. 4.4:21:55 P.M. -H.R. 4089An amendment, offered by Mr. Peters, numbered 4 printed in House Report 112-444 to strike a provision in the underlying bill allowing the importation of endangered polar bear trophies from Canada by hunters who killed the bears despite warnings that importation of the bears would likely be illegal.4:20:36 P.M. -H.R. 4089POSTPONED PROCEEDINGS – At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.4:12:29 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment No. 3.4:12:27 P.M. -H.R. 4089An amendment, offered by Mr. Grijalva, numbered 3 printed in House Report 112-444 to make the new restrictions on managing hunting, fishing and recreational shooting effective only if the amount of land available for those purposes falls below 75% of all federal public lands.4:12:10 P.M. -H.R. 4089POSTPONED PROCEEDINGS – At the conclusion of debate on the Holt amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.4:02:47 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment No. 2.4:02:44 P.M. -H.R. 4089An amendment, offered by Mr. Holt, numbered 2 printed in House Report 112-444 to make a technical correction to clarify that all units of the National Park System, not just National Parks and National Monuments, are exempt from Title I. National Park System units currently open for hunting or recreational shooting would not be affected.4:02:17 P.M. -H.R. 4089On agreeing to the Hastings (WA) amendment; Agreed to by voice vote.4:00:30 P.M. -H.R. 4089DEBATE – Pursuant to the provisions of H. Res. 614, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (WA) amendment No. 1.4:00:22 P.M. -H.R. 4089An amendment, offered by Mr. Hastings (WA), numbered 1 printed in House Report 112-444 to add shooting ranges to the list of valid uses of public land and clarifies the term “wilderness areas” by adding “including Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas.” Amendment states that the protection given to hunting in wilderness areas is not intended to permit motorized recreation or mineral extraction and reduces the reporting requirements. Amendment addresses technical conflicts between Title I and Title II over certain Bureau of Land Management land and would make several technical changes.3:16:20 P.M. -H.R. 4089GENERAL DEBATE – The Committee of the Whole proceeded with one hour of general debate on H.R. 4089.3:14:33 P.M. -H.R. 4089The Speaker designated the Honorable Jo Ann Emerson to act as Chairwoman of the Committee.3:14:30 P.M. -H.R. 4089House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 614 and Rule XVIII.3:13:44 P.M. -H.R. 4089Rule provides for consideration of H.R. 4089 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. In lieu of the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-19. Pending the adoption of a concurrent resolution on the budget for fiscal year 2013, the provisions of H. Con. Res. 112, as adopted by the House, shall have force and effect in the House as though Congress has adopted such concurrent resolution with modifications specified in this resolution.3:13:39 P.M. -H.R. 4089Considered under the provisions of rule H. Res. 614. H.R. 4089 — “To protect and enhance opportunities for recreational hunting, fishing and shooting.”3:13:20 P.M. -H.R. 1815Motion to reconsider laid on the table Agreed to without objection.3:13:19 P.M. -H.R. 1815On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 410 – 2 (Roll no. 157).3:06:53 P.M. -H.R. 1815Considered as unfinished business. H.R. 1815 — “To posthumously award a Congressional Gold Medal to Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.”3:06:41 P.M. -UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question of adoption of a motion to suspend the rules which had been debated earlier and on which further proceedings had been postponed.3:06:21 P.M. -H. Res. 614Motion to reconsider laid on the table Agreed to without objection.3:06:20 P.M. -H. Res. 614On agreeing to the resolution Agreed to by recorded vote: 228 – 184 (Roll no. 156).2:56:38 P.M. -H. Res. 614On ordering the previous question Agreed to by the Yeas and Nays: 235 – 179 (Roll no. 155).1:19:00 P.M. -H. Res. 614DEBATE – The House proceeded with one hour of debate on H. Res. 614.1:18:59 P.M. -H. Res. 614Considered as privileged matter. H. Res. 614 — “Providing for consideration of the bill (H.R. 4089) to protect and enhance opportunities for recreational hunting, fishing and shooting, and for other purposes.”1:18:34 P.M. -H. Res. 614On question of consideration of the Resolution Agreed to by the Yeas and Nays: 234 – 175 (Roll no. 154).12:33:00 P.M. -H. Res. 614POINT OF ORDER AGAINST CONSIDERATION – Ms. Moore stated that the provisions of H. Res. 614 violates section 426(a) of the Congressional Budget Act of 1974 and made a point of order against the consideration of the resolution. Subsequently, the Chair noted that the required threshold of identifying the specific language in question had been met, and the House proceeded with 20 minutes of debate on the question of consideration. At the conclusion of debate on the question of consideration, the Chair will put the question to wit: Will the House now consider the resolution?12:29:10 P.M. -H. Res. 614 By direction of the Committee on Rules, Mr. Bishop (UT) called up the resolution H. Res. 614, and asked for its immediate consideration.12:02:37 P.M. -ONE MINUTE SPEECHES – The House proceeded with one minute speeches, which by direction of the Chair would be limited to 15 per side of the aisle.12:02:09 P.M. -PLEDGE OF ALLEGIANCE – The Chair designated Ms. Hahn to lead the Members in reciting the Pledge of Allegiance to the Flag.12:02:06 P.M. -The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.12:00:47 P.M. -Today’s prayer was offered by the House Chaplain, Rev. Patrick J. Conroy.12:00:42 P.M. -The House convened, returning from a recess continuing the legislative day of April 17.11:12:43 A.M. -The Speaker announced that the House do now recess. The next meeting is scheduled for 12:00 P.M. today.10:00:57 A.M. -MORNING-HOUR DEBATE – The House proceeded with Morning-Hour Debate. At the conclusion of Morning-Hour, the House will recess until 12:00 p.m. for the start of legislative business.10:00:39 A.M. -The Speaker designated the Honorable Charles J. “Chuck” Fleischmann to act as Speaker pro tempore for today.10:00:24 A.M. -The House convened, starting a new legislative day.