BACKGROUND
Mining of minerals on public land is currently regulated through an 1872 law, which was passed to incentivize colonists’ westward expansion and is woefully inadequate for regulating vastly more destructive forms of extraction of natural resources in the 21st century.
The Presbyterian Church (U.S.A) Office of Public Witness has been advocating with other faith and environmental organizations for the Clean Energy Minerals Reform Act (H.R. 3495/S. 1742). This would update the 1872 law to require that companies pay royalties for minerals extracted on public land, conduct robust consultation with local communities and clean up after completion of their operations. The bill also allows federal agencies to remove some land from mining consideration altogether.
The Mining Regulatory Clarity Act (MRCA) goes in the opposite direction, removing the provision from the 1872 law that requires that mining claims come with evidence of valuable minerals on the coveted land. Mining companies and their allies in Congress argue that the bill is necessary to make clear that companies can use public land adjacent to their mines for ancillary uses such as dumping waste and building roads; a federal court ruling in 2022 questioned that practice under current law. Environmental groups, and even the federal Department of the Interior that oversees many public lands, counter that the MRCA would allow companies to tie up public land that could be better used for recreation or renewable energy projects.
Since 1990, Presbyterians have committed to caring for the climate and ensuring our consumption of natural resources does not harm vulnerable communities or further perpetuate the Doctrine of Discovery. The Matthew 25 Movement of the Presbyterian Mission Agency recognizes climate change as an intersectional priority, aligning with efforts to eradicate systemic poverty, dismantle racism, and build vital congregations.
As Presbyterians and people of faith, we must actively work to protect our planet as a means of protecting its people. The clean energy transition makes updating our mining laws more urgent than ever. This legislation will not only protect communities and the environment but also ensure that our supply chain is as sustainable as possible. Congress must act fast in protecting public lands! Ask your representative to use their leadership to protect public lands by voting “no” on the Mining Regulatory Clarity Act (H.R. 2925) when it comes to the House floor this week and instead use their leadership to support Clean Energy Minerals Reform Act (H.R. 3495/S. 17420.