Idaho mining dispute raises questions about the future of wilderness

A grandfathered mining claim has opened the doors to development in the Frank Church – River of No Return Wilderness.

“Nothing in this Act shall prevent within national forest wilderness areas any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if such activity is carried on in a manner compatible with the preservation of the wilderness environment.” — The Wilderness Act

“Be it enacted… that all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase.” — General Mining Act of 1872

In 1984 — just a few months before he died from cancer — longtime Idaho Sen. Frank Church saw his name added to the 2.4 million acre wilderness he had spent his career trying to protect. The Frank Church – River of No Return Wilderness is a craggy slab that cuts the Gem State in half, wound through by the classic whitewater of the Middle Fork of the Salmon River. Like all federally designated wilderness, it carries the highest form of land protection in the United States. There are no roads, and motors and machines aren’t allowed, except where grandfathered in.

When the Wilderness Act was created in 1964, its authors (including Frank Church) couldn’t overturn the 1872 Mining Act, so they allowed valid mining claims made prior to wilderness designation to continue. The Golden Hand deposit, on the western edge of the Frank Church Wilderness, was discovered in 1889, and a number of court cases over the past decade have determined that its latest owner — American Independence Mines and Minerals Co. — has the right to prove whether the long-dormant claim is still valid.

Less than a month after the Forest Service approved a plan that will bring jackhammers, dump trucks and drill rigs into the Frank — as well as suck up to 25,000 gallons of water per day from Coin Creek and construct 11 drill pads — a coalition of conservation groups sued, hoping to force the federal agency in charge to scale back.

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