ACTION ALERT

Tell Senators McCain and Kyl and the Senate Energy and Natural Resources Committee to say “No” to S 409

On Wednesday, June 17th, the U.S. Senate Energy and Natural Resources Committee will hold a hearing on S. 409, a piece of special interest legislation that would mandate a land exchange to benefit Rio Tinto and BHP-Billiton – two of the largest foreign mining companies in the world.  The bill has been introduced by Arizona Senators McCain and Kyl. Our Senators and members of the committee need to hear that there is strong opposition to this bill.

S.409 short circuits the usual and customary process all mining companies go through to get mining permits in the U.S.  Instead, it allows the companies to get a free pass from these federal laws to mine in the most destructive way possible, a copper ore body under Oak Flat Campground.  The public gets little in return and the potential environmental harms are many.

Oak Flat campground was recognized by President Eisenhower as an important area back in 1955, when he signed Public Land Order 1229, which specifically put this land off limits to future mining activity and reserved it for camp grounds, recreation, and other public purposes.  Oak Flat provides many recreational opportunities for Arizonans, including for those in the local communities, and for others from around the country.  Recreational activities in the area include hiking, camping, rock climbing, birding, bouldering and more.

Oak Flat is a key birding area.  Four of the bird species that have been sighted at Oak Flat are on the National Audubon Society’s watch list of declining species that are of national conservation concern including the black-chinned sparrow, Costa’s hummingbird, Lewis’ woodpecker, and gray vireo.  The endangered Arizona Hedgehog cactus also inhabits the Oak Flat area and is threatened by this proposed mine.  

The proposed mine would also threaten Apache Leap, Devil’s Canyon and its important riparian area, and much more. Mining activities could dewater surface waters in the surrounding area.

Please contact Arizona’s two U.S. Senators, both of whom are sponsors, and tell them you oppose the land exchange.  Senator McCain is also on the subcommittee that will hear the bill.  We should ensure that these mining companies follow the laws that protect natural and cultural resources and keep our precious public lands public.

Download S. 409 (212 KB pdf)

Talking points about the bill:

• It is special interest legislation that allows two of the biggest mining companies in the world to bypass the normal procedures all mining companies go through to get mines approved. 
• It gives away precious (and protected) public land to these mining companies without any look at the mine design or the consequences of mining to the area landscape. 
• It overrides an Executive Order made by President Dwight D. Eisenhower to make Oak Flat Campground off limits to mining.  This sets a dangerous precedent. 
• The “NEPA” and royalty sections of the bill are meaningless. The National Environmental Policy Act (NEPA) requires that the government look before it leaps relative to major actions.  The bill mandates a leap without any real analysis of the impacts, presentation of alternatives, and proposed mitigation.
• The bill fails to recognize or protect important cultural areas for Native American Tribes, including the San Carlos Apache and Fort McDowell Yavapai.  (Nearly all Arizona Tribes are opposed to the land exchange bill.) 
• S 409 flies in the face of everything Senator Bingaman is trying to do in S. 796, a bill to finally reform the 1872 Mining Law. 

For more information click on Arizona Mining Reform Coalition

Contact bill Sponsors:

Senator John McCain (just click on his name to email him)
(202) 224-2235
Fax (202)228-2862

Senator Jon Kyl (likewise)
(202) 224-4521
Fax: (202) 224-2207

If you have time, please also contact Members of the Senate Public Lands and Forests sub-committee:
Note: Many of the web links only work within the Senators own state

Jeff Bingaman; New Mexico (Full Committee Chair)
Phone: (202) 224-5521
senator_bingaman@bingaman.senate.gov

Ron Wyden (Chairman); Oregon
(202) 224-5244
http://wyden.senate.gov/contact/

Tim Johnson; South Dakota
Tel: (202) 224-5842
http://johnson.senate.gov/contact/

Mary L. Landrieu; Louisiana
Voice: (202)224-5824
Fax:(202) 224-9735
http://landrieu.senate.gov/contact/index.cfm

Maria Cantwell; Washington
202-224-3441
202-228-0514 – FAX
http://cantwell.senate.gov/contact/

Robert Menendez; New Jersey
Phone: (202) 224-4744
Fax: (202) 224-2197
http://menendez.senate.gov/contact/contact.cfm

Blanche Lincoln; Arkansas
Phone: (202) 224-4843
Fax: (202) 228-1371
http://lincoln.senate.gov/webform.html

Mark Udall; Colorado
Phone: (202) 224-5941
Fax: (202) 224-6471
http://markudall.senate.gov/contact/contact.cfm

Jeanne Shaheen; New Hampshire
(202) 224-2841
http://shaheen.senate.gov/contact/

Lisa Murkowski; Alaska (ex officio member)
Phone: 202-224-6665
Fax: 202-224-5301
http://murkowski.senate.gov/public/index.cfm?FuseAction=ContactMe.EMailLisa

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