Prompted by the rapid transitioning to carbon pollution-free electricity development, an Interagency Working Group on Mining Laws, Regulations, and Permitting (IWG) recently released a report with a set of recommendations designed to increase the production of materials, like nickel and lithium, necessary for manufacturing electric vehicles. The use of electric vehicles is a key component of the Biden-Harris Administration’s climate policy.
The Department of the Interior headed the IWG which included representatives of the ACHP, White House, Environmental Protection Agency, and the Departments of Agriculture, Energy, and State.
The IWG determined the current configuration of U.S. mining laws fails to meet the needs of communities, developers, Tribes, or the environment. Those laws, where access is provided by the 150-year-old Mining Law of 1872, showcase a hodge-podge of federal and state laws setting standards for environmental performance, public engagement, and protection of Tribal rights and resources. To strengthen the domestic mineral supply chain while increasing environmental protection and engagement of interested parties, they determined an overhaul is needed on how the U.S. approaches mining on federal lands.
The ACHP participated in development of the IWG’s report, ensuring the National Historic Preservation Act and Section 106 were accounted for in the document. In addition, a number of ACHP resources were referenced, including the Policy Statement on Burial Sites, Human Remains, and Funerary Objects, Indigenous Knowledge, and the ACHP trust responsibility.
Report recommendations provide additional protection for Tribal cultural sites, sacred sites, and resources, and provide exemptions to Freedom of Information Act disclosure for sacred sites and burial or religious locations.
In total, 65 recommendations were brought forth addressing six broad issue categories: (1) improving mineral exploration and development planning and permitting; (2) increasing engagement with stakeholders and potentially affected communities; (3) expanding consultation and engagement with Tribes; (4) obtaining fair compensation for taxpayers for minerals extracted from federal lands; (5) protecting taxpayers from the cost of abandoned mine reclamation; and (6) revitalizing domestic mining and other issues.