Mining Regulatory Clarity Act
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The bill would let hardrock mining companies claim as many "mill site" areas as needed for waste rock, tailings, and other support facilities on federal land, without having to prove those specific areas contain valuable minerals.
It responds to a 2022 federal appeals court ruling that cast doubt on this practice, and would also create a new Abandoned Hardrock Mine Fund, financed by mill-site fees, to pay for cleaning up abandoned mines.
What this bill would do
What it would do
The bill would amend federal mining law to let an operator locate as many mill site claims as reasonably necessary for waste rock disposal, tailings, and other operations tied to an approved mining plan, even on land not shown to contain valuable minerals itself. Each mill site would be capped at five acres, would not convey mineral rights, and would not be eligible for patenting. The bill responds to a 2022 Ninth Circuit ruling (the Rosemont decision) that questioned whether mining operators could use such sites without separately proving mineral value. The bill would also establish an Abandoned Hardrock Mine Fund in the Treasury, into which claim-maintenance fees collected on these new mill sites would be deposited, for the Interior Department to spend on abandoned hardrock mine reclamation under existing infrastructure law. It includes savings clauses stating it does not expand mining rights on land withdrawn from mining or override existing environmental and preservation laws, and makes clerical fixes to fee statute cross-references.
Key provisions
- 1Would let mining operators locate as many mill site claims as reasonably necessary for waste disposal and related operations within an approved plan of operations
- 2Would cap each mill site claim at 5 acres and specify that mill sites convey no mineral rights and are not eligible for patenting
- 3Would include savings provisions clarifying the bill does not expand mining rights on land withdrawn from mining or override existing land, wilderness, endangered species, or historic preservation laws
- 4Would establish the Abandoned Hardrock Mine Fund in the Treasury, funded by claim-maintenance fees collected on the new mill sites
- 5Would direct the Interior Department to spend Fund amounts, without further appropriations, only on abandoned hardrock mine reclamation under the Infrastructure Investment and Jobs Act
- 6Would make clerical cross-reference corrections to the claim-maintenance and location fee statute
Who would be affected
Hardrock mining companies operating on federal public land, particularly those needing land for waste rock and tailings disposal; the Interior Department and Forest Service, which review and approve mining plans of operations; and communities near abandoned hardrock mines that could benefit from reclamation funded by the new fund.
Why it matters
The bill would resolve legal uncertainty created by a federal appeals court ruling that had complicated how mining companies establish waste-disposal and support-facility sites, potentially affecting permitting and expansion of mines nationwide. It would also direct new fee revenue toward reclaiming abandoned mines, which can pose environmental and safety hazards.
What would change
Changes to existing law
Amends Section 2337 of the Revised Statutes (30 U.S.C. 42) (Sec. 2(a))
Adds a new subsection allowing multiple mill site claims for waste disposal and related mining operations regardless of mineral validity of the site itself.
Amends Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) (Sec. 2(b)-(c))
Restructures claim maintenance and location fee provisions and updates cross-references to the general mining laws; directs mill-site fee revenue into the new Fund.
Amends Infrastructure Investment and Jobs Act, Section 40704 (30 U.S.C. 1245) (Sec. 2(b)(3)-(4))
Directs that new Abandoned Hardrock Mine Fund money be spent only on reclamation activities authorized under this existing section, using its allocation formula.
Agencies directed to act
How implementation would work
Mining operators would include mill site claims in the plan of operations they submit to the Interior Department or Forest Service for approval under existing federal mining regulations. Once approved, claim-maintenance fees collected on those mill sites would flow automatically into the new Abandoned Hardrock Mine Fund. The Interior Department could then spend Fund money without needing separate annual appropriations, but only for abandoned hardrock mine reclamation activities already authorized under the Infrastructure Investment and Jobs Act, following that law's existing allocation and transfer formulas.
Legislative status & sources
Latest action
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 357.
Official CRS summary
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This bill allows mining operators to use federal lands for activities ancillary to mining, such as waste disposal, regardless of whether those lands contain mineral deposits valuable enough to be mined (mineral validity). It also establishes the Abandoned Hardrock Mine Fund.
The bill addresses a 2022 decision in the U.S. Court of Appeals for the Ninth Circuit related to the Rosemont Copper Mine in Arizona (commonly known as the Rosemont decision, described further in CRS Report R48166). The court held that mining claims are only allowed where mineral validity has been established and that mill site claims are more appropriate means for establishing a mining waste disposal site under the Mining Act.
The bill allows a mining operator to (1) locate and include within its plan of operations as many mill site claims (e.g., areas for waste rock disposal) as are reasonably necessary for its operations, and (2) use or occupy public land in accordance with an approved plan of operations.
Additionally, the bill requires any revenue generated from fees for such mill site claims to be deposited into the Abandoned Hardrock Mine Fund. The Department of the Interior must use the fund for certain abandoned hardrock mine reclamation activities.
Legislative subjects
Environmental Protection; Government trust funds; Land use and conservation; Mining
Committee report
H. Rept. 119-386