Preservation vs. Mineral Development of Withdrawn Federal Lands—Much Ado, But Little to Show

January 1983
Citation:
13
ELR 10017
Issue
1
Author
David W. Tundermann

Editors' Summary: As the 97th Congress came to a close, the Reagan Administration, natural resource development interests, the Congress, and conservationists had come to a stalemate in a high stakes battle over mineral development on the nation's public lands. Mr. Tundermann examines the reasons for the stalemate and discusses several congressional and administrative actions of the past year that have contributed to it. He explains that as much as 50 percent of the federal lands are currently withdrawn from mineral development. With the depletion of high grade mineral deposits, interest has focused on these lands, many of which are withdrawn to protect environmental values. Thus, intense conflicts have arisen between development interests and environmentalist interests.

In 1982, several administrative and congressional proposals emerged to increase or decrease mineral access to withdrawn federal lands. The proposed National Minerals Securities Act, aimed to improve the economic and regulatory environment for mining, and numerous bills to either withdraw RARE II lands from development or to "release" them to development, died in the 97th Congress. However, Congress extended a moratorium on mineral leasing in wilderness areas. In conclusion, Mr. Tundermann points out that a substantial amount of the lands are withdrawn for other than preservation interests. He suggests that the active parties in the debate focus their efforts on these lands where the value conflicts are more easily resolved.

Mr. Tundermann is a partner in the Salt Lake City, Utah law firm of Parsons, Behle & Latimer.

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