The Mining Waste, Fraud, and Abuse Prevention Act of 2025 significantly reforms the General Mining Law of 1872, replacing the existing claim-and-patent system with a new leasing and permitting framework for hardrock mineral extraction on federal lands. A primary objective is to prevent unnecessary or undue degradation of federal land and resources, while also generating revenue for environmental remediation. Upon its effective date, the bill closes all federal land to new entry and location under the General Mining Law. Existing claims without an approved plan of operations must convert to a noncompetitive lease within 3 to 10 years or become void, while claims with approved plans can continue for 10 years before conversion is required. The bill also severely limits the issuance of new patents for mining claims and millsites, generally restricting them to applications filed before September 30, 1994. A new system for mineral exploration and development is established, including prospecting licenses and hardrock leases . Prospecting licenses grant exclusive rights for up to six years with annual rentals. If a valuable mineral deposit is discovered, the licensee may convert to a noncompetitive lease for 20 years, renewable, subject to a royalty of not less than 12.5 percent of gross production and annual rentals. The legislation also introduces competitive leasing for known valuable mineral deposits not covered by existing claims or licenses. A special small miner's lease is created for qualified individuals, offering a 3-year renewable term, lower rentals, and no royalties, but with strict limitations on acreage and transferability. All leases and licenses are subject to acreage limitations per state. A key provision is the imposition of royalties on hardrock mineral production: 8 percent for existing operations and 12.5 percent for new leases, with exceptions for small miners. These revenues, along with claim maintenance fees and other charges, are primarily allocated to an Abandoned Hardrock Mine Reclamation Program , with 25 percent going to the state where the activities occur. The bill replaces the assessment work requirement for unpatented claims with an annual claim maintenance fee of $200 per claim, also contributing to the reclamation program. Additionally, a displaced material reclamation fee of 7 cents per ton of displaced material is introduced, with an exemption for small miners, further funding abandoned mine cleanup efforts. Significant environmental protections are integrated throughout the bill. It explicitly prohibits mineral activities that would impair National Park System units or national monuments. Furthermore, it closes specific sensitive areas to mining, including sacred sites , wilderness study areas, critical habitats, and National Conservation System units. Before any mineral activities can proceed, the Secretary concerned must make a suitability determination , ensuring that such activities would not cause unnecessary or undue degradation to special characteristics of the land, such as water resources, historic sites, or critical habitats. This determination involves public comment and integration into federal land use plans. The bill mandates a comprehensive permitting system for exploration and operations that cause surface disturbance. Permit applications must include detailed exploration, operations, and reclamation plans, demonstrating that proposed reclamation can be effectively accomplished and will prevent undue degradation. Operators must provide financial assurance sufficient to cover the full cost of reclamation, including long-term treatment facilities, which is reviewed periodically and released only upon successful completion of all requirements. Detailed operation and reclamation standards are to be jointly issued by the Secretaries of Interior and Agriculture, covering aspects like topsoil management, stability, drainage control, minimization of acid mine drainage, and establishment of self-sustaining vegetation. Reclamation must proceed contemporaneously with mining activities. The legislation also requires meaningful and timely consultation with Indian Tribes for any mineral activities that may impact their land, cultural practices, or protected rights. It establishes robust enforcement mechanisms , including notices of violation, cessation orders, civil penalties up to $25,000 per day, and criminal penalties for non-compliance, with provisions for permit suspension or revocation. Finally, the bill authorizes the collection of user fees to cover administrative costs and mandates regular inflation adjustments for all fees, rentals, and penalties. It also amends the Mining and Minerals Policy Act of 1970 to emphasize preventing degradation and improving mineral data analysis for Forest Service lands, ensuring a more responsible approach to hardrock mining on federal lands.
Committee on Energy and Natural Resources. Hearings held.
Energy
Mining Waste, Fraud, and Abuse Prevention Act of 2025
USA119th CongressHR-1865| House
| Updated: 3/5/2025
The Mining Waste, Fraud, and Abuse Prevention Act of 2025 significantly reforms the General Mining Law of 1872, replacing the existing claim-and-patent system with a new leasing and permitting framework for hardrock mineral extraction on federal lands. A primary objective is to prevent unnecessary or undue degradation of federal land and resources, while also generating revenue for environmental remediation. Upon its effective date, the bill closes all federal land to new entry and location under the General Mining Law. Existing claims without an approved plan of operations must convert to a noncompetitive lease within 3 to 10 years or become void, while claims with approved plans can continue for 10 years before conversion is required. The bill also severely limits the issuance of new patents for mining claims and millsites, generally restricting them to applications filed before September 30, 1994. A new system for mineral exploration and development is established, including prospecting licenses and hardrock leases . Prospecting licenses grant exclusive rights for up to six years with annual rentals. If a valuable mineral deposit is discovered, the licensee may convert to a noncompetitive lease for 20 years, renewable, subject to a royalty of not less than 12.5 percent of gross production and annual rentals. The legislation also introduces competitive leasing for known valuable mineral deposits not covered by existing claims or licenses. A special small miner's lease is created for qualified individuals, offering a 3-year renewable term, lower rentals, and no royalties, but with strict limitations on acreage and transferability. All leases and licenses are subject to acreage limitations per state. A key provision is the imposition of royalties on hardrock mineral production: 8 percent for existing operations and 12.5 percent for new leases, with exceptions for small miners. These revenues, along with claim maintenance fees and other charges, are primarily allocated to an Abandoned Hardrock Mine Reclamation Program , with 25 percent going to the state where the activities occur. The bill replaces the assessment work requirement for unpatented claims with an annual claim maintenance fee of $200 per claim, also contributing to the reclamation program. Additionally, a displaced material reclamation fee of 7 cents per ton of displaced material is introduced, with an exemption for small miners, further funding abandoned mine cleanup efforts. Significant environmental protections are integrated throughout the bill. It explicitly prohibits mineral activities that would impair National Park System units or national monuments. Furthermore, it closes specific sensitive areas to mining, including sacred sites , wilderness study areas, critical habitats, and National Conservation System units. Before any mineral activities can proceed, the Secretary concerned must make a suitability determination , ensuring that such activities would not cause unnecessary or undue degradation to special characteristics of the land, such as water resources, historic sites, or critical habitats. This determination involves public comment and integration into federal land use plans. The bill mandates a comprehensive permitting system for exploration and operations that cause surface disturbance. Permit applications must include detailed exploration, operations, and reclamation plans, demonstrating that proposed reclamation can be effectively accomplished and will prevent undue degradation. Operators must provide financial assurance sufficient to cover the full cost of reclamation, including long-term treatment facilities, which is reviewed periodically and released only upon successful completion of all requirements. Detailed operation and reclamation standards are to be jointly issued by the Secretaries of Interior and Agriculture, covering aspects like topsoil management, stability, drainage control, minimization of acid mine drainage, and establishment of self-sustaining vegetation. Reclamation must proceed contemporaneously with mining activities. The legislation also requires meaningful and timely consultation with Indian Tribes for any mineral activities that may impact their land, cultural practices, or protected rights. It establishes robust enforcement mechanisms , including notices of violation, cessation orders, civil penalties up to $25,000 per day, and criminal penalties for non-compliance, with provisions for permit suspension or revocation. Finally, the bill authorizes the collection of user fees to cover administrative costs and mandates regular inflation adjustments for all fees, rentals, and penalties. It also amends the Mining and Minerals Policy Act of 1970 to emphasize preventing degradation and improving mineral data analysis for Forest Service lands, ensuring a more responsible approach to hardrock mining on federal lands.