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GAO-08-849R 1 (2008-07-21)

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        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


   July 21, 2008

   The Honorable Harry Reid
   Majority Leader
   United States Senate

   The Honorable Jeff Bingaman
   Chairman
   Committee on Energy and Natural Resources
   United States Senate

   The Honorable Nick J. Rahall II
   Chairman
   Committee on Natural Resources
   House of Representatives

   Subject: Hardrock Mining: Information on State Royalties and Trends in Mineral
   Imports and Exports

   Since the passage of the General Mining Act of 1872, miners have extracted billions of
   dollars worth of gold, silver, copper, and other hardrock (locatable) minerals from
   federal lands without having to pay a royalty.' Congress is now considering amending the
   General Mining Act to, among other things, assess a royalty to ensure that the public is
   compensated for hardrock minerals extracted from federal lands, as more recently
   enacted laws require for oil, gas, and other minerals. The vast majority of the federal
   lands where hardrock mining operations occur are in 12 western states, including Alaska
   (hereafter referred to as the 12 western states).2'3

   These western states have statutes governing hardrock mining operations on lands in
   their state. However, unlike the federal government, these states charge royalties that
   allow them to share in the proceeds from hardrock minerals extracted from state-owned

   1Under U.S. mining laws, minerals are classified as locatable, leasable, or saleable. Locatable minerals
   include those minerals that are not leasable or saleable, for example, copper, lead, zinc, magnesium, gold,
   silver, and uranium. Only locatable minerals continue to be claimed under the Mining Act. For the
   purposes of this report, we use the term hardrock minerals as a synonym for locatable minerals.
   Leasable minerals include, for example, oil, gas, and coal. The Mineral Leasing Act of 1920, 41 Stat. 437
   (codified at 30 U.S.C. § 181) created a leasing system for coal, gas, oil and other fuels, and chemical
   minerals. Saleable minerals include, for example, common sand, stone, and gravel. In 1955, the Multiple
   Use Mining Act of 1955, 69 Stat. 367 (codified at 30 U.S.C. § 601) removed common varieties of sand, stone,
   and gravel from development under the Mining Act.
   2Mining operations consist of three primary stages-exploration, mining, and mineral processing.
   3The 11 other western states are Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico,
   Oregon, Utah, Washington, and Wyoming.


GAO-08-849R Hardrock Mining


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