Mining Waste, Fraud, and Abuse Prevention Act of 2025
Sponsored By: Senator Sen. Luján, Ben Ray [D-NM]
In Committee
Summary
Transforms how locatable mining claims are managed by creating annual maintenance and location fees and a dedicated reclamation fund. This bill would set a national vocabulary for locatable minerals, limit new patenting to claims filed by September 30, 1994, and replace annual assessment work with fees.
Show full summary
- Claim holders and operators would pay a $200 annual maintenance fee per unpatented claim and a $50 fee when a location notice is recorded, with CPI-based adjustments announced every five years and a waiver if a holder certifies no more than 10 claims and prior assessment work.
- People who relinquish or let claims lapse would face new relocation limits for related parties, including a 10-year relocation prohibition, and claims remain subject to ongoing reclamation obligations even after forfeiture or relinquishment.
- The Departments that manage Federal land would use fee receipts to cover the Act's administration, and any excess receipts would be deposited into a Hardrock Minerals Reclamation Fund to support reclamation.
*This bill would be largely self-funded through fees, with receipts intended to cover administration costs and excess deposited into the Hardrock Minerals Reclamation Fund.*
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 0 benefits, 4 costs, 2 mixed.
New permits, monitoring, and cleanup rules
This bill would require permits for mineral activities that disturb Federal land. Operators would need exploration and 30‑year operations permits, reclamation and hydrology plans, monitoring systems, and proof of a bond or other financial assurance before work. The Secretary would review assurance within 3 years and every 3 years after and could require trust funds for long‑term water treatment. Operators must keep records for 7 years and allow inspections; temporary cessations over 180 days require Secretary approval.
Tougher enforcement and joint liability
If enacted, the Secretary could issue notices and stop orders to force cleanup and stop dangerous mining. Notices usually give up to 90 days to fix problems; cessation orders take effect immediately for imminent danger. Civil fines can run up to $25,000 per day for the worst violations, and top criminal penalties include fines up to $50,000 and up to 2 years in prison. The Secretary may forfeit bonds, and operators, related companies, and responsible officers can be held jointly liable for remaining cleanup costs. Failing to pay maintenance or location fees can cause the claim to be forfeited, but forfeiture does not remove reclamation duties.
Higher mining fees, royalties, and fund
If enacted, operators would pay new and higher mining fees and production charges. Claim holders would owe $200 per claim each year (first payment due by August 31, 2027) and new claims would pay a $50 location fee when recorded. Operators would also pay a reclamation fee of 1%–3% of production value and a royalty of 5%–8% of gross mining income; the Secretary sets exact rates and timing. The bill would create a Hardrock Minerals Reclamation Fund to receive these collections. The Secretary could charge interest on late payments and must report to Congress every five years on revenue and use.
More federal land protections and limits
If enacted, Secretaries would review certain federal lands within 3 years and could remove tracts from the 1872 Mining Law. Removed land would be segregated from mining until a land‑use plan change is completed within 1 year. The bill would move some mineral material disposal to the Materials Act of 1947 and apply surface management rules to processing on Federal land for locatable minerals. It would also preserve existing stronger federal and qualifying state environmental and reclamation rules.
Limits on mining patents and relocations
The bill would bar new U.S. patents for mining claims unless a patent application was filed and all requirements met by September 30, 1994. If you qualify under that rule you could still seek a patent, but it could be withdrawn or invalidated. The bill would also stop a person or related party from re‑locating a claim they relinquished for 10 years. Related parties include spouses, qualifying children, and affiliated companies.
Uranium study and court review rules
The bill would require the Secretary to arrange a National Academy of Sciences study of uranium development within 90 days and publish results within 18 months. The Secretary must report to Congress within 180 days after receiving the study. The bill would also make the D.C. Circuit the exclusive court to review final rulemakings under the Act and set a 60‑day deadline to file petitions challenging rulemakings.
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Sponsors & CoSponsors
Sponsor
Sen. Luján, Ben Ray [D-NM]
NM • D
Cosponsors
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 3/5/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 3/5/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 3/5/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 3/5/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 3/5/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 3/5/2025
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 3/5/2025
Chris Van Hollen
MD • D
Sponsored 3/5/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 3/5/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 3/5/2025
Roll Call Votes
No roll call votes available for this bill.
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