Should miners be able to claim and operate on land before proving that mineral deposits exist?

This bill has Passed the House of Representatives
Bill Summary

H.R. 2925 seeks to amend various regulations for mining operations dating back to 1993 in an effort to facilitate greater mineral production. Currently, miners must prove the existence of mineral deposits before claiming a given area of land, this bill would waive such a requirement and allow miners to claim and operate in any area of land. Notably, this bill does not change regulation surrounding protected lands where resource extraction is already prohibited. Sponsor: Rep. Mark E. Amodei (Republican, Nevada, District 2)
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Opponents say

•      "[G]ranting the right of use and occupancy to claimants prior to showing the discovery of a valuable mineral greatly expands the rights conferred under the Mining Law, and could encourage the filing of nuisance claims that attempt to interfere with or prevent other authorized uses of public lands such as grazing, hunting, off- highway vehicle use, energy development, and more. It could also lead to unauthorized non- mining industrial uses and residential occupancy – often referred to as “squatting” – which previously necessitated the development of regulations to address the issue. It is also important to note that discovery of a valuable mineral deposit should always be required on lands that have been withdrawn from mineral entry, such as units of the National Park System." Source: Steve Feldgus, Deputy Assistant Secretary of Land and Minerals Management at the U.S. Department of the Interior


•      "The Mining Regulatory Clarity Act… undermines the federal government’s long standing authority to safeguard public lands, threatening the protection of irreplaceable cultural, environmental, water, and economic resources. That’s because the bill conveys mining claimants (including international mining conglomerates) with a right to permanently occupy federal public lands. If an alternative use—like an electric transmission line or a renewable energy project—needed to cross ‘claimed’ public lands, mining companies could extract large sums of money from the federal government in exchange for giving up their claim. As an example, if this bill were law in the 1900’s, Grand Canyon National Park wouldn’t exist as it does today. Future Senator Ralph Cameron filed mining claims covering the famous Bright Angel Trail, but they were invalidated due to a lack of a valuable mineral deposit. Had S. 1281/H.R. 2925 been law, Cameron would have had a vested right to undertake a wide variety of exclusionary or destructive activities on these claims and those claims would have superseded the Grand Canyon National Monument’s (later National Park’s) protections. Under S. 1281, all future prospective protected lands could suffer this fate." Source: 70+ conservation, climate, Indigenous, and tribal-affiliated organizations in a joint statement 


•      "It’s high time we stop giving mining and drilling companies first dibs on how we use public lands… The 150-year-old law that governs mining in the U.S. is severely outdated, already incredibly permissive to the mining industry, and offers no protections for communities and public lands facing the threat of toxic mining. This proposal would essentially remove the only teeth the General Mining Law of 1872 has: the requirement that a mining company prove it’s found valuable locatable minerals in the ground it plans to mine." Source: Kiara Tringali, Senior Government Relations Representative at the Wilderness Society

Proponents say

•      "Nevada’s critical minerals are the key to our clean energy future, and we must make sure to support responsible mining and the tens of thousands of good-paying jobs it provides in our state… This misguided decision would force all mining activities, even the storage of waste, to happen on mineral-rich land, which could impede critical mineral production all across the country. This bipartisan legislation will undo the damage of this decision, allow mining operations to continue under long-standing and historic application of the law, and protect the good-paying jobs this industry supports in our state." Source: Sen. Catherine Cortez Masto (Democrat, Nevada) 


•      "Developing a robust domestic supply chain for critical minerals is essential to meet the growing consumer demand for electric vehicles… The Mining Regulatory Clarity Act meets a pressing need in this effort by solidifying decades of precedent into law and allowing the industry to focus on investing in the clean energy economy and creating good-paying American jobs. ZETA applauds Senator Cortez Masto’s and Senator Risch’s leadership on this issue, and we look forward to working with them on this bipartisan legislation." Source: Albert Gore, Executive Director of the Zero Emission Transportation Association (ZETA)


•      "Without strong leadership, the nation’s alarming mineral import dependence is poised to go from bad to worse as demand for minerals essential to our manufacturing and energy futures as well as our national security skyrocket… The bipartisan Mining Regulatory Clarity Act is critically important to ensuring the U.S. can use our vast domestic resources to build the essential mineral supply chains we know we must have. This legislation codifies more than a century of Supreme Court decisions on the Mining Law, ensuring the fundamental ability to conduct responsible mining activities on federal lands. Regulatory certainty, or the lack thereof, will either underpin or undermine efforts to meet the extraordinary mineral demand now at our doorstep." Source: Rich Nolan, President and CEO of the National Mining Association