PolicyBrief
H.R. 1865
119th CongressMar 5th 2025
Mining Waste, Fraud, and Abuse Prevention Act of 2025
IN COMMITTEE

The Mining Waste, Fraud, and Abuse Prevention Act of 2025 overhauls hardrock mineral mining regulations on federal lands by shifting to a leasing system, introducing royalties and fees, and prioritizing environmental protection and tribal consultation.

Raúl Grijalva
D

Raúl Grijalva

Representative

AZ-7

LEGISLATION

Mining Reform Bill Ditches Old Claims, Adds New Fees, and Protects Tribal Lands: Here's How It Could Affect You

The "Mining Waste, Fraud, and Abuse Prevention Act of 2025" is a major overhaul of how hardrock mining (think gold, silver, copper) works on federal land. Instead of the old "claim-staking" system that dates back to the 1800s, this bill sets up a leasing system, slaps on new royalties and fees, and aims to keep mining out of sensitive areas. It also requires the feds to actually talk to Native American tribes before digging starts, and it sets up a fund to clean up abandoned mines.

Ditching the Pickaxe for Paperwork: The New Leasing System

The biggest change is the move from a claim-based system to a leasing system. Think of it like this: instead of just planting a flag and saying "mine!", companies will now have to apply for a lease, kind of like renting an apartment instead of squatting. This gives the government more control over where and how mining happens. Existing, valid claims can continue under certain conditions (Section 101(b)), but no new claims are allowed on federal land (Section 101(a)).

  • Real-World Example: Imagine a small mining company that has been operating on a valid claim for years. They can continue, but any new exploration or expansion will require a lease and adherence to the new regulations.

Show Me the Money: Royalties and Fees

This bill introduces a bunch of new ways for the government to collect money from mining operations:

  • Royalties: Companies will have to pay a royalty on the minerals they extract (Section 102(d)). A portion goes to the state where the mining happens, and the rest goes to the Abandoned Hardrock Mine Reclamation Program.

  • Claim Maintenance Fee: Even if you have an existing claim, you'll now pay an annual fee instead of having to prove you're actively working the land (Section 103).

  • Displaced Material Reclamation Fee: A new fee of 7 cents per ton of material moved (with an exception for small miners) goes directly to cleaning up old mines (Section 402(b)).

  • Real-World Example: A large copper mine will now pay royalties on every ton of copper extracted, potentially increasing their operating costs but also funding environmental cleanup. A small prospector, however, might be exempt from the displaced material fee.

Protecting Sacred Ground and Sensitive Areas

The bill specifically protects certain areas from mining, including:

  • National Parks and Monuments
  • Wilderness Areas
  • Critical Habitats

Before any mining can happen, the government has to do a "suitability determination" to see if the land can handle it without causing serious damage to water, historical sites, or critical habitats (Section 106).

  • Real-World Example: A proposed mine near a national park, or one that could impact a tribe's sacred lands or water sources, might be rejected based on this suitability assessment.

Talking it Out: Tribal Consultation

This is a big one. Before any mineral-related activity, federal agencies must consult with affected Indian Tribes (Title II). This isn't just a courtesy call; it's about protecting tribal rights, resources, and cultural practices. This even applies to federal land bordering tribal lands.

  • Real-World Example: If a mining operation could affect a tribe's water supply or access to traditional hunting grounds, the tribe has a right to be consulted and have their concerns addressed.

Cleaning Up the Mess: Environmental Standards and Reclamation

Title III lays out a bunch of environmental rules. Companies need permits for exploration and operation, and those permits come with strings attached:

  • Exploration Permits: Require detailed plans for exploration and reclamation (Section 302).
  • Operations Permits: Require even more detailed plans, including site characterization and long-term monitoring (Section 303).
  • Financial Assurance: Companies have to put up money before they start, to cover the cost of cleanup and any potential environmental damage (Section 305).

States can enforce their own environmental rules, as long as they're at least as strict as the federal ones (Section 307).

  • Real-World Example: A mining company has to prove they can restore the land after they're done, and they have to put up the money to guarantee it. If they mess up, they don't get their money back.

Paying for the Past: Abandoned Mine Reclamation

Title IV creates a program to clean up abandoned hardrock mines, which are a huge source of pollution and safety hazards. The program is funded by the royalties, fees, and even donations (Section 401). The new "displaced material" fee is specifically for this purpose.

Keeping it Honest: Oversight and Enforcement

Title V is all about making sure everyone follows the rules. It sets up:

  • Regular inspections (at least quarterly) (Section 504).

  • Citizen requests for inspections (Section 504(b)).

  • Citizen lawsuits to enforce the law (Section 507).

  • Penalties for non-compliance, including fines and even shutting down operations (Section 509).

  • Public access to records and reports (Section 513).

  • Real-World Example: If a mining company is polluting a stream, and the government isn't doing anything about it, citizens can sue to force them to comply with the law.

The Bottom Line

This bill is a big shift in how hardrock mining is regulated. It aims to protect the environment, respect tribal rights, and make sure mining companies pay their fair share. It will likely increase costs for mining companies, which could affect the price of minerals. But it also aims to prevent future environmental disasters and clean up the mess from the past. Whether you're a miner, a rancher, or just someone who cares about clean water and wild places, this bill could have a real impact.