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119-hr-1865119th CongressWALLET

Mining Waste, Fraud, and Abuse Prevention Act of 2025

Sponsored By: Representative Grijalva, Raúl M. [D-AZ-7]

Introduced

Summary

This bill would replace the old claim-based system for hardrock mining on federal land with a new, regulated leasing and permitting framework focused on strong environmental safeguards and firm reclamation rules. It would set fees, royalties, and strict permit and bonding requirements to ensure mines are reclaimed and pay into an abandoned-mine fund.

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 2 benefits, 4 costs, 3 mixed.

Lower-cost leases for small miners

If enacted, qualifying small miners could lease up to 200 acres for three years at $5 per acre per year. Renewals would be $10 per acre per year. Small miner leases would pay no royalties during the main term and would be exempt from the $200 claim fee and the $0.07‑per‑ton displaced material fee. To qualify, you must hold 10 or fewer sites, use 200 or fewer acres, and have under $50,000 in prior‑year gross mine income.

Limits on mining in protected places

If enacted, agencies could not allow mining that harms National Parks or national monuments. Mineral work would be barred, subject to valid rights, in sensitive areas like critical habitat, wilderness study areas, and roadless areas. The Secretary would decide if other lands are suitable for mining after at least 60 days of public comment. Agencies would also consult with Tribes before actions that may affect Tribal lands, rights, or cultural resources.

Bigger bonds and post-closure liability

If enacted, operators would have to post financial assurance big enough to cover full reclamation and any needed water treatment. The agency would review bonds at least every three years and inspect sites at least quarterly. Treatment‑related funds would stay until discharges stop for five years, and records must be kept seven years. The Secretary could still order fixes even after bonds are finally released if hazards remain or permit terms were not met.

Tougher permit standards and plan changes

If enacted, permits would be issued only after written findings, including that no toxic water treatment would be needed 10 years after mining ends. Applicants with certain environmental violations or a pattern of willful violations could be denied or suspended. The Secretary could require permit changes if new problems arise, like acid drainage, loss of springs, big water impacts, long‑term treatment needs, or safety hazards. Changes would need a written finding and public notice unless there is an imminent threat.

Higher royalties and new mining fees

If enacted, production from pre‑existing operations would owe at least an 8% royalty; new land added after the bill would owe at least 12.5%. The Secretary could lower rates only with clear proof and not below 6.25%, and interest would apply to late payments. Operators would also pay $0.07 per ton of displaced material each year (due by March 1) and $200 per claim each year (due by September 1); small miner leases would be exempt. Claim holders, lessees, assigned operators, and controllers could be jointly liable for royalties and must file a written responsibility statement with the first payment. Twenty‑five percent of rents, royalties, and related receipts would go to the State; the rest would fund abandoned mine cleanup.

Stronger enforcement and public mine records

If enacted, the Secretary could issue notices with up to 30 days to fix problems and stop work immediately for imminent danger. Civil fines could reach $25,000 per violation per day, and at least $1,000 per day for ignoring a stop order; criminal penalties could apply for knowing false statements or willful violations. Any person could sue to force compliance after a 60‑day notice. The Secretary could demand records, issue subpoenas, and inspect sites and, with probable cause, vehicles. Records and inspection reports would be posted locally and online for public access.

New leasing and claim conversion rules

If enacted, new hardrock mining on federal land would shift to licenses and leases. Known mineral lands not already covered would open only by competitive lease, up to 2,560 acres each. Existing claims would face deadlines to convert to leases, with rentals of at least $10 per acre and at least a 12.5% royalty on converted leases; claims that miss the deadline could owe $100 per acre per day. No one could control more than 20,480 acres of leases or licenses in a State. The U.S. would reserve coal and other non‑hardrock minerals on leased lands, and other uses could proceed only if they do not unreasonably interfere.

Permits and rules to explore and mine

If enacted, you would need a permit for any mining that disturbs the surface on federal land; casual use would be exempt. Applications would include site data, an operations plan, reclamation, monitoring, and long‑term maintenance, and must show financial assurance; the EPA would be consulted when Superfund‑type cleanup could apply. Exploration permits would allow testing only, last no more than 10 years, and need approval to transfer. Reviews would follow NEPA and be coordinated with the Forest Service; Interior and Agriculture would issue key rules within one year. States could run tougher standards by agreement, and a common framework would apply when projects span covered and non‑covered lands.

Ends new claim patents and updates materials

If enacted, no new mining claim or millsite patents would be issued unless the application was filed and complete by September 30, 1994. The bill would repeal the 1892 Building Stone Act and the 1901 Saline Placer Act, subject to valid existing rights. It would also update how certain mineral materials are handled under the 1947 Materials Act, including adding clay and clarifying when older rights remain valid.

Sponsors & CoSponsors

Sponsor

Grijalva, Raúl M. [D-AZ-7]

AZ • D

Cosponsors

  • Rep. Huffman, Jared [D-CA-2]

    CA • D

    Sponsored 3/5/2025

Roll Call Votes

No roll call votes available for this bill.

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