Federal Mining Law & Mineral Resources

The United States has not fundamentally updated its hardrock mining law since 1872 — the General Mining Law (30 U.S.C. §§ 21–54) still allows citizens to stake claims on federal public lands and mine gold, silver, copper, lithium, and other hardrock minerals without paying any federal royalty, with an annual maintenance fee per claim ($200 per claim as of the 2024 BLM fee adjustment). This 150-year-old law coexists with the Mineral Leasing Act (1920) — which requires competitive leasing and royalty payments (12.5% surface, 8% underground) for coal, oil, gas, phosphate, and other "leasable" minerals — creating a two-tiered system where who pays and who doesn't depends entirely on what you're mining. The Mine Safety and Health Act (1977) and Surface Mining Control and Reclamation Act (SMCRA, 1977) added worker safety and environmental requirements. There are approximately 350,000 active mining claims on federal lands. The surge in demand for critical minerals — lithium, cobalt, rare earths, and other materials essential to batteries, clean energy technology, and defense — has put federal mining law at the center of energy and national security policy: the U.S. depends on imports for many critical minerals while sitting atop potentially vast domestic deposits. Reform proposals consistently stall: hardrock mining royalties would raise billions in federal revenue, but the mining industry's political influence and the constitutional complexities of reforming vested claims make fundamental change rare.

Current Law (2026)

Legal Authority

• 30 U.S.C. §§ 21-54 — General Mining Law of 1872 (any U.S. citizen may locate a mining claim on federal lands open to mineral entry; discovery of a valuable mineral deposit gives the right to extract; location, development, and patenting of claims; no royalty payment to the federal government)
• 30 U.S.C. §§ 181-287 — Mineral Leasing Act of 1920 (leasing system for coal, oil, gas, phosphate, sodium, potassium, sulfur, and other specified minerals on federal lands; competitive bidding; royalty payments; lease terms; environmental requirements)
• 30 U.S.C. §§ 1201-1328 — Surface Mining Control and Reclamation Act (SMCRA) (federal standards for surface coal mining; reclamation of mined land to approximate original contour; Abandoned Mine Land Fund; permits; bonding; enforcement)
• 30 U.S.C. §§ 801-966 — Federal Mine Safety and Health Act (MSHA authority; mandatory health and safety standards for all mines; inspections; citations; penalties; miner training; emergency response; whistleblower protection)
• 30 U.S.C. §§ 1601-1605 — National Materials and Minerals Policy (national policy to ensure adequate mineral supplies for national security and economic needs; critical minerals assessment)

How It Works

Federal mining law governs the extraction of minerals from public lands and the safety and environmental standards for mining operations throughout the United States. It encompasses one of the oldest federal statutes still in force — the General Mining Law of 1872 — alongside modern environmental and safety regulations, including the Surface Mining Control and Reclamation Act.

The General Mining Law of 1872 remains the primary statute governing hardrock mining — gold, silver, copper, lithium, rare earths, uranium, and other "locatable" minerals — on federal public lands. Under this 150-year-old law, any U.S. citizen can stake a mining claim on lands open to mineral entry, and upon discovery of a valuable mineral deposit has the right to extract minerals without paying any royalty to the federal government, making the United States virtually the only major mining country that does not charge hardrock royalties on public-land extraction. Claims can be "patented" (transferred to private ownership) for $2.50–$5.00/acre, though Congress has imposed annual moratoriums on patent processing since 1994. The absence of a hardrock royalty — and the minimal claim fees — has made mining law reform one of the most persistently debated public lands issues for decades. For coal, oil, natural gas, phosphate, sodium, potassium, and certain other minerals, the Mineral Leasing Act of 1920 uses a different approach: competitive leasing with royalty payments. Coal lessees pay 12.5% royalty on surface-mined coal and 8% on underground coal; oil and gas royalties range from 12.5% to 18.75% (increased by the Inflation Reduction Act for new onshore leases), generating billions in annual revenue split between the federal government and the states where extraction occurs.

The Surface Mining Control and Reclamation Act of 1977 (SMCRA) established the first comprehensive federal regulation of surface coal mining, requiring permits, performance bonds, environmental protection plans, and reclamation of mined land to its "approximate original contour." The Abandoned Mine Land (AML) reclamation fund — financed by a fee on coal production — pays for cleanup of mines abandoned before 1977; OSMRE administers the program but delegates primary regulatory authority to states with approved programs. The Federal Mine Safety and Health Act gives MSHA authority over all mines: mandatory inspections (4 per year at underground mines, 2 per year at surface mines), safety and health standards, citations and penalties, and the power to order immediate closure for "imminent danger." The MINER Act (2006), enacted after the Sago Mine disaster, strengthened emergency response requirements, communications, and rescue capabilities. Growing concern about supply chain security for minerals essential to defense, technology, and clean energy — lithium, cobalt, rare earths, graphite — has elevated critical minerals policy, with executive orders and legislation streamlining permitting for domestic critical mineral projects and investing in processing capacity. Broader energy policy is covered under Fossil Fuel Policy.

How It Affects You

State Variations

Implementing Regulations

• 30 CFR Parts 1–199 — Mine Safety and Health Administration (MSHA) standards (mandatory health and safety standards for surface and underground metal/nonmetal mines and coal mines)

• 30 CFR Part 71 — Mandatory Health Standards — Surface Coal Mines and Surface Work Areas of Underground Coal Mines (28 sections — MSHA's binding health standards for protecting coal miners from occupational disease, primarily black lung disease caused by respirable coal dust, at surface mine operations):

  • § 71.100 — Respirable dust standard: the mine operator must continuously maintain respirable dust concentrations at each designated work position (DWP) at or below the applicable limit; there is no one-time compliance event — the standard is a permanent operational obligation, not a permit condition; elevated dust concentrations at any DWP constitute a continuing violation subject to citation and penalty
  • § 71.201 — Sampling devices: dust sampling must use an approved continuous mining dust particle size unit (CMDPSU) device — a personal dust monitor worn by the miner during a full production shift; MSHA specifies the approved device models and calibration requirements; operator-collected samples are submitted to MSHA's laboratory for analysis
  • § 71.202 — Certified person: dust sampling must be performed by a MSHA-certified person — an individual who has completed MSHA's certification program for dust sampling; the certified person collects and handles samples per prescribed protocols; submitting uncertified or improperly handled samples is itself a violation
  • § 71.206 — Quarterly sampling: each operator must collect dust samples at each designated work position quarterly (at minimum once per quarter per DWP); MSHA may also collect samples independently at any time; the operator's quarterly sampling program is mandatory regardless of MSHA inspection scheduling — operators cannot wait for MSHA to sample
  • § 71.207 — Sample submission deadline: samples must be transmitted to MSHA's laboratory within 24 hours after the end of the sampling shift; late submission is a violation; the 24-hour rule prevents sample manipulation or deterioration and ensures MSHA receives timely exposure data
  • § 71.300 — Dust control plan: if a DWP sampling result exceeds the applicable dust limit, the operator must submit a written dust control plan to MSHA within 15 days of receiving the citation; the plan must identify the engineering controls, administrative controls, and water sprays or ventilation changes the operator will implement to reduce dust; MSHA must approve the plan before it takes effect; failure to submit or implement an approved dust control plan accelerates the citation to a violation with higher penalties
  • § 71.400 — Sanitation facilities: every surface coal mine must provide bathing facilities, change rooms, and toilet facilities for miners; the requirement reflects recognition that miners must be able to clean coal dust from their bodies before leaving the worksite to prevent dust from accumulating in homes (a historically significant black lung exposure pathway); toilet facilities must be accessible within a reasonable distance of each work area
  • § 71.600 — Potable drinking water: the operator must provide potable drinking water at each work site where miners are present; this seemingly basic requirement codifies the recognition that dehydration is both a safety risk and a coal dust exposure pathway (miners who are dehydrated inhale proportionally more dust per unit of airflow)

  Part 71 operates alongside Part 70 (underground coal mine health standards) and Part 72 (health standards for metal/nonmetal mines) as MSHA's occupational disease prevention framework for the coal industry. Black lung disease — coal workers' pneumoconiosis — caused a resurgence after decades of decline: MSHA reported approximately 1,100 new black lung cases in the most recent measurement period, disproportionately affecting central Appalachian miners working in thin-seam mines with high silica content rock. The 2014 and 2016 dust rule updates significantly tightened the applicable limits and expanded the CMDPSU sampling program. For affected miners, the Black Lung Benefits Act (30 U.S.C. §§ 901–945) provides federal compensation — separate from Part 71's occupational health standards — administered by DOL's Office of Workers' Compensation Programs.

• 30 CFR Parts 200–299 — Minerals Management Service (offshore mineral operations, safety requirements, oil spill response)

• 30 CFR Part 1202 — ONRR Royalties (22 sections across 6 subparts — the ONRR rule establishing the legal duty to pay royalties and the measurement standards for oil, gas, coal, and geothermal resources produced from federal and Indian leases; authority: 30 U.S.C. § 181 (Mineral Leasing Act) and 25 U.S.C. § 396 (Indian Mineral Leasing Act)):

  Part 1202 establishes what is subject to royalty and how production must be measured; the companion 30 CFR Part 1206 sets how to value production for royalty purposes. Together these Parts govern the calculation of roughly $12 billion in annual royalty payments — revenues ONRR distributes to the federal Treasury, states (typically 50% of royalties from federal onshore leases), and tribal mineral owners under the federal trust responsibility.

  • § 1202.100 — Royalty on Federal and Indian oil: all oil produced from a federal or Indian lease is subject to royalty at the rate in the lease terms, except oil unavoidably lost or used on the lease for lease operations; royalty equals the lease rate multiplied by the value determined under Part 1206; volumes must be reported in barrels of 42 U.S. gallons at 60°F, corrected for basic sediment and water (BS&W) and other impurities before measurement
  • § 1202.150 — Royalty on Federal gas: all gas from a federal lease is royalty-bearing at the lease rate; volumes reported in thousand cubic feet (mcf) at a standard pressure base of 14.73 psia and 60°F; Btu heating values must be measured at least semiannually even if the lessee's sales contract calls for less frequent measurement
  • § 1202.151 — Royalty on processed gas: when gas is processed through a gas plant, royalty attaches to the residue gas, all gas plant products (propane, butane, ethane, natural gas liquids), and any condensate recovered downstream of the royalty measurement point; ONRR authorizes processing allowances for reasonable actual processing costs; a reasonable amount of residue gas is allowed royalty-free for plant fuel, but marketing and compression costs are not allowable processing deductions
  • §§ 1202.350–1202.353 — Geothermal royalties: royalties on geothermal resources — including byproducts and electricity produced using geothermal resources — are paid at the rate in the lease; Class I, II, and III lease designations (based on when the lease was issued) determine whether royalty attaches to the resource itself or to electricity revenues; minimum annual royalty applies regardless of production levels
  • Subpart J — Gas from Indian leases (9 sections): special provisions govern gas royalties on Indian leases, reflecting the federal trust responsibility; ONRR coordinates with BIA and applicable tribes or allottees on royalty determinations; valuation rules generally track the federal gas standards with additional protections for tribal beneficiaries

  Recent rulemakings: 78 FR 30200 (May 2013) — ONRR reorganization of royalty reporting regulations; 81 FR 43369 (July 2016) — companion updates to Part 1206 valuation rules that affect royalty calculations under Part 1202.

• 30 CFR Part 1210–1219 — Royalty management (mineral revenue reporting, auditing, payment compliance)

• 43 CFR Part 3810 — Lands and Minerals Subject to Location Under the General Mining Law (BLM, 27 sections — the foundational rules defining which federal lands are open to mining claim location and which are closed or restricted; authority: 30 U.S.C. §§ 22–42 (General Mining Law of 1872); Part 3810 answers the threshold question that every prospector must ask before staking a claim: is this land legally available for mineral location?):

  • § 3811.1 — Lands: General: vacant public surveyed or unsurveyed lands are open to prospecting and, upon discovery of a mineral deposit, to mining claim location; "open" means not withdrawn, reserved, or excluded by statute; the default rule is that BLM public land is open to the Mining Law unless specifically closed — this open-by-default rule distinguishes hardrock mining from oil/gas leasing (where lands are closed-by-default unless specifically offered for lease)
  • § 3811.2-1 — States where locations may be made: mining locations may be made in 31 states where the General Mining Law applies — primarily the western states including Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming; the law does not apply in the original 13 states and several others where public land systems were never established (most eastern states never had federal public land subject to the mining law)
  • § 3811.2-2 — Lands in national parks and monuments: the Mining in the Parks Act (16 U.S.C. §§ 1901 et seq.) effectively withdrew all National Park System units from mining law location; claims filed after the effective date of a park or monument designation (or after the Mining in the Parks Act) are void; pre-existing valid claims within park boundaries may survive but are subject to strict use limitations and eventual extinguishment
  • § 3811.2-3 — Lands in Indian reservations: all lands within the boundaries of an established Indian reservation are withdrawn from the mining laws — no mining claim may be located on reservation land under the General Mining Law; mineral development on tribal lands is governed by the Indian Mineral Leasing Act (25 U.S.C. § 396) and requires tribal consent and BIA approval
  • § 3811.2-4 — Lands in national forests: National Forest System lands are generally open to mining claim location — the General Mining Law applies to National Forests unless specifically withdrawn; however, operations in national forests require a Plan of Operations under 36 CFR Part 228 (Forest Service regulations), and the Forest Service may impose conditions to minimize environmental damage; surface management authority on national forests rests with the Forest Service, not BLM, even for mining claims validly located under the Mining Law
  • § 3811.2-5 — O&C and Coos Bay Wagon Road lands: the revested Oregon and California Railroad and Reconveyed Coos Bay Wagon Road Grant lands (O&C lands in western Oregon) are open to mining claim location subject to the O&C Act's limitations — the surface of O&C lands is managed by BLM primarily for sustained timber yield, and mining operations must accommodate the timber management priority
  • § 3811.2-6 — Lands in powersite withdrawals: lands withdrawn to protect potential hydroelectric power site values (powersite withdrawals) may still be open to mining claim location, but any mineral patent issued on such lands is subject to the powersite reservation — the patent does not convey rights to develop hydroelectric power; the practical effect is that a patented claim within a powersite withdrawal gives mineral extraction rights but not water power rights
  • § 3813.1–3813.2 — Minerals reserved by the Act of July 17, 1914: the Act of July 17, 1914 (38 Stat. 509) provided that when federal lands were patented for non-mineral purposes (homestead, agricultural entries), certain minerals — phosphate, nitrate, potash, oil, and gas — were reserved to the United States; the 1956 Act (70 Stat. 592) clarified that these reserved minerals could themselves be located under the mining laws for metallic minerals not covered by the original reservation; the practical importance is for lands where private ownership was established under 1914-era land grants — the surface is private but certain mineral rights remain federal

  Part 3810 defines the geographic and legal boundary of the 1872 Mining Law's domain. The "open unless withdrawn" default rule means that BLM holds the inventory of which lands are closed — maintained in withdrawal, reservation, and segregation orders at BLM state offices. Before staking a claim, any prospector or mining company should verify land status through the BLM Land Status Records (available in the LR2000 database at blm.gov) and the applicable Master Title Plat (MTP). As of 2026, approximately 350,000 active mining claims exist on federal lands; roughly 60% of BLM land is open to mining claim location — the remainder is withdrawn for national parks, wilderness, military, research, conservation, or other purposes. The critical minerals push under the Biden and Trump administrations has led BLM to fast-track validity examinations of existing claims covering lithium, cobalt, and rare earth deposits to determine whether development can proceed. No major Part 3810 amendments in recent years — the land status framework has been stable.

• 43 CFR Part 3809 — BLM Surface Management — Mining Operations on Public Lands (Subpart 3809, 92 sections — the operational framework governing how mining operators must conduct exploration and development on BLM-administered public lands; authority: 30 U.S.C. §§ 22–42 (General Mining Law of 1872) and 43 U.S.C. § 1732(b) (FLPMA), which directs BLM to prevent "unnecessary or undue degradation" of public lands. Subpart 3809 applies to all operations on public lands where the federal government holds the mineral interest, including Stock Raising Homestead lands; it does not apply to operations on National Forest Service lands, which run under 36 CFR Part 228):

  The rule uses a three-tier classification tied to the scale of surface disturbance — calibrating paperwork burden to project impact:

  • § 3809.10 — Three-tier classification: (a) Casual use — minimal disturbance by individuals using hand tools (panning, surface sampling, rock collecting); no BLM notification required; the operator must reclaim any disturbance created; (b) Notice level — operations causing surface disturbance of 5 acres or less; operator must submit a complete notice to BLM at least 15 calendar days before commencing; BLM acknowledges receipt but does not issue an approval — operations may proceed after 15 days unless BLM requires a plan; (c) Plan of operations — any operations exceeding casual use beyond the notice level, operations causing disturbance greater than notice level, or bulk sampling removing 1,000 tons or more of presumed ore for testing; requires BLM review and approval before operations may begin
  • § 3809.21 — When to file a notice: a complete notice must be filed with the local BLM field office having jurisdiction 15 calendar days before commencing notice-level operations (≤5 acres); an incomplete notice does not start the clock — BLM will notify the operator of deficiencies and the 15-day period restarts when a complete notice is received
  • § 3809.301 — Notice contents: BLM does not require a particular form; the notice must identify the operator and claimant, describe the location and approximate acreage of the project area (with maps), describe the proposed operations and equipment, identify the reclamation plan for restoring disturbed areas after operations, and provide the performance bond surety information if applicable
  • §§ 3809.311–3809.312 — BLM notice review and start of operations: upon receipt, BLM reviews the notice within 15 calendar days for completeness; if incomplete, BLM notifies the operator in writing and operations may not begin until a complete notice is on file and the 15-day period has elapsed; once BLM has a complete notice and 15 days have passed without a BLM directive requiring a plan of operations, the operator may begin work
  • § 3809.332 — Notice validity: a notice remains in effect for 2 years from the date operations may lawfully begin; if the operator has not commenced or completed operations within 2 years, a new notice must be filed; notices may not be extended — only a new filing restarts the clock; BLM may terminate a notice early by inspection if the operator certifies reclamation is complete
  • § 3809.401 — Plan of operations contents: the plan must demonstrate that proposed operations would not result in unnecessary or undue degradation; required content includes: maps showing all proposed disturbance areas; description of all operations, equipment, and construction methods; environmental resource inventory (soils, vegetation, wildlife, water resources); reclamation plan describing post-operation topography, revegetation, and sediment control; and financial guarantee amount calculation
  • § 3809.411 — Plan review timeline: BLM reviews the plan of operations within 30 calendar days and notifies the operator whether the plan is complete; if incomplete, BLM identifies deficiencies; BLM cannot approve a plan of operations without first satisfying any applicable NEPA requirements — meaning a plan of operations for a significant project triggers an environmental assessment (EA) or environmental impact statement (EIS) before BLM can act; BLM may impose conditions on plan approval to ensure compliance with the "unnecessary or undue degradation" standard and may disapprove a plan it cannot condition into compliance
  • § 3809.500 — Financial guarantee requirements: operators conducting notice-level or plan-of-operations activities must post a financial guarantee (surety bond, certificate of deposit, or letter of credit) sufficient to cover the full cost of reclamation before beginning operations; casual-use operations require no financial guarantee; the bond amount equals BLM's estimate of the cost of reclamation assuming BLM performs the work using a third-party contractor; BLM may adjust bond amounts mid-operation if estimated costs change; operators who abandon a project without completing reclamation forfeit the bond, and BLM uses the proceeds for cleanup

  Subpart 3809 is the operational gateway between the 1872 Mining Law's possessory right to mine and FLPMA's mandate to protect public land health. Because the 1872 Mining Law was enacted before modern environmental law, the rule must reconcile a property right (the mining claim) with contemporary land management standards — the "unnecessary or undue degradation" test is deliberately flexible, allowing BLM to impose conditions without outright prohibition. The critical minerals surge under the Trump administration's 2025 executive orders has accelerated BLM's processing of notice acknowledgments and plan approvals for lithium, cobalt, and rare earth projects. A Biden-era revision that would have strengthened bond requirements and reclamation standards was withdrawn in early 2025. Most recent rulemaking: 65 FR 70112 (November 2000) — comprehensive rewrite of Subpart 3809; 90 FR 33318 (2025) — Biden-era revision withdrawn.

• 43 CFR Parts 3800–3870 — BLM mining claims (location, recording, annual maintenance, patenting of mining claims on public lands). The mineral patent application process under 43 CFR Part 3860 (65 sections) is the procedural pathway by which a mining claimant converts a staked mining claim into full fee-simple private land ownership — one of the most controversial features of the 1872 Mining Law:

  • § 3860.1 — Fees: every patent application must include the processing fee from BLM's fee schedule plus the statutory purchase price of $2.50/acre for placer claims and $5.00/acre for lode claims — prices set in 1872 and never adjusted for inflation
  • §§ 3861.1–3861.2 — Survey requirement: the claimant must first retain a BLM-authorized U.S. mineral surveyor to survey the claim; the survey must be made after the notice of location is recorded in the county; the plat and field notes become the official description of the patent boundaries; the mineral surveyor must document the exterior boundaries, adjacent claims, and conflicting locations
  • § 3861.2-2 — Certificate of expenditures: the claimant must file a certificate showing at least $500 in labor and improvements on the claim at the time of application; the mineral surveyor separately verifies these expenditures; improvements include mine development work (shafts, adits, roads) and equipment installed on the claim
  • §§ 3862.1–3862.2 — Publication and posting: after BLM accepts the application, notice must be published in a local newspaper once a week for 60 days; a copy of the notice must be posted at BLM's office and on the claim; the 60-day window allows adverse claimants (competitors who believe they have superior rights to the same mineral deposit) to file an adverse claim
  • Patent moratorium (since 1994): Congress has included language in annual appropriations acts since fiscal year 1994 prohibiting BLM from processing new patent applications — creating a de facto moratorium on mineral patents despite the regulations remaining in effect; patent applications filed before 1994 have been adjudicated, but essentially no new patents have been issued for hardrock mining claims in over 30 years; the moratorium reflects congressional recognition that transferring federal mineral lands to private ownership for $2.50–$5.00/acre is no longer considered sound public land policy for large-scale industrial mining operations

• 43 CFR Parts 3830–3839 — BLM Mining Claim Location, Recording, and Maintenance (the operational mechanics of the General Mining Law, governing every step from staking a claim through recording and annual fee payment; authority: 30 U.S.C. § 22 (General Mining Law)):

  Who may locate (§ 3830.3): U.S. citizens who have reached the age of discretion under their state's law, legal immigrants who have filed citizenship applications with the proper federal agency, and business entities organized under U.S. law may locate mining claims. Foreign nationals without a U.S. legal presence may not stake claims under the 1872 Mining Law.

  What minerals are locatable (§§ 3830.10–3830.12): A mineral is locatable if it (1) is subject to the General Mining Law, (2) is not leasable under the Mineral Leasing Acts (so not oil, gas, coal, phosphate, potassium, sodium, or sulfur), (3) is not salable as a common variety under the Materials Act, (4) is recognized as a mineral by the scientific community, and (5) is found on federal lands open to mineral entry. This definition by exclusion — whatever falls between leasable and salable — means the locatable category catches hardrock metals (gold, silver, copper), lithium, rare earth elements, uranium, and other deposits that Congress left subject to the 1872 claim-and-extract model.

  Fees and recording deadlines (§§ 3830.20–3830.25): When recording a new mining claim with the BLM, a claimant must simultaneously pay: (1) a processing fee; (2) a location fee; and (3) an initial maintenance fee — all due at time of recording. The claim must be recorded within 90 days of location. After the first year, claimants pay an annual maintenance fee by September of each year, or demonstrate eligibility for a small-miner waiver (for claimants holding 10 or fewer claims who perform at least $100 in annual assessment work in lieu of fees).

  Consequences of non-compliance (§§ 3830.90–3830.96): Failure to record within 90 days, or failure to pay the location fee or initial maintenance fee within 90 days, results in automatic and immediate forfeiture of the claim — no hearing, no cure period; the land reverts to open public lands. Missing the annual maintenance fee deadline is equally fatal. BLM may notify claimants of regulatory (but not statutory) defects and allow a cure period; statutory failures are incurable. Over-payments on maintenance fees covering multiple claims are handled proportionally by the BLM under partial-payment rules.

  No major Part 3830 rulemaking since 2004 — the annual maintenance fee system, introduced by FLPMA amendments in 1993, replaced the prior "assessment work" requirement (physically working the claim each year) as the primary means of holding a mining claim; the administrative records system and fee levels have been adjusted since but the framework has been stable.

• 43 CFR Part 3835 — Waivers from Annual Maintenance Fees: the small miner waiver program allows claimants who hold 10 or fewer mining claims, mill sites, or tunnel sites to avoid the cash annual maintenance fee by performing at least $100 of annual assessment work on each claim instead. The waiver matters because the maintenance fee ($200 per claim per year as of 2026) can represent a significant cost burden for individual prospectors and small operations running dozens of claims — particularly when active work on the claim in a given year is impossible due to weather, financial constraints, or equipment issues. Key mechanics:

  • § 3835.1 — Waiver eligibility: a claimant qualifies for a small miner waiver if (a) the total number of claims, mill sites, and tunnel sites held by the claimant (and any related parties) does not exceed 10; and (b) the claimant certifies an intent to perform and document at least $100 in annual assessment work on the claim during the assessment year; claimants who cannot satisfy both conditions (e.g., holding 15 claims) must pay the full maintenance fee for all claims; the 10-claim threshold counts all federal mining claims the claimant holds nationwide, not just claims in a single state or BLM field office
  • § 3835.10 — Application deadline: waiver requests must be filed on BLM's waiver certification form on or before September 1 of each assessment year; a claimant who misses the September 1 deadline must pay the full maintenance fee by September 1 or the claim forfeits; there is no cure period for late waiver submissions — the deadline is absolute
  • § 3835.11 — Small miner waiver certification: the waiver request must include a declaration that the claimant and all related parties hold 10 or fewer claims total; the claimant must certify that $100 in assessment work will be performed during the assessment year; "assessment work" means actual physical work benefiting the mining claim (exploration drilling, trenching, sampling, road clearing, shaft sinking, equipment installation) — merely visiting the claim does not qualify; work records must be retained to substantiate the certification if BLM audits
  • § 3835.12 — Post-waiver obligations: receiving a waiver does not excuse the claimant from the underlying assessment work obligation; the claimant must actually perform the required work during the assessment year and file the annual FLPMA notice (documenting the work done) — the waiver converts the payment obligation into a work obligation, it does not extinguish it; failure to perform and document the required assessment work can result in claim forfeiture for non-compliance
  • § 3835.13 — Duration and renewal: small miner waivers are valid for one assessment year; claimants must apply for a new waiver each year by September 1; there is no automatic renewal — each year's waiver requires a fresh certification; waivers may be granted for multiple consecutive years as long as the claimant remains eligible
  • § 3835.17 — National Park System lands: claimants holding mining claims on National Park System lands (a narrowing set of pre-existing valid claims within park boundaries) must satisfy additional environmental protection conditions before BLM will grant a maintenance fee waiver — the National Park Service must concur that the proposed assessment work is consistent with park values
  • § 3835.20 — Transfer of waivered claims: when a mining claim subject to a small miner waiver is sold or transferred, the new owner does not automatically inherit the waiver; the new claimant must independently qualify and must promptly notify BLM of the transfer; if the transfer brings the new owner over the 10-claim threshold, the waiver is unavailable even for the claim just acquired

  The small miner waiver is used by tens of thousands of individual prospectors who stake claims primarily in the western states — weekend and hobby miners, small exploration companies, and independent prospectors who hold a handful of claims while evaluating whether a discovery warrants development investment. For these small claimants, the choice between the maintenance fee and performing $100 of documented assessment work is often decided by which is more practical given the claim's location and the claimant's schedule. Large mining companies with hundreds of claims per state pay the full maintenance fee rather than managing the documentation burden for the waiver program.

• 43 CFR Part 3832 — BLM Mining Claim Location Procedures: Part 3832 governs the physical and legal steps required to establish a valid mining claim or site on federal lands — the moment when a prospector's discovery becomes a legally recognized possessory right under the General Mining Law of 1872. While Part 3810 defines which lands are open to location and Part 3830 covers fees and recording, Part 3832 governs what a locator must do on the ground and in the record to create a valid claim. Key provisions:

  • § 3832.1 — What locating means: locating a mining claim or site involves three steps: (1) establishing the exterior lines of the claim on the ground (physically marking corners); (2) posting a location notice on the ground; and (3) recording the claim with BLM; a claim is not legally established until all three steps are complete and valid; a claim that is staked but not recorded with BLM within 90 days is void
  • § 3832.11 — Discovery requirement: a lode or placer claim is not valid until the locator has made a discovery of a valuable mineral deposit within the boundaries of the claim; discovery means a deposit of mineral that a prudent person would be justified in expending further labor and means in developing — not merely traces, but evidence of a deposit worth exploiting; the claim is invalid from inception if no qualifying discovery is made, even if all other location steps are performed correctly; for placer claims, discovery of gold or other placer minerals by panning, sampling, or test pits typically satisfies the standard
  • § 3832.21–3832.22 — Lode mining claims: lode claims cover mineral veins in rock (gold in quartz veins, copper in porphyry deposits, silver veins); the claim must be located in the same manner as required by the applicable state (state law governs corner marking, location notice content, and recording with the county recorder); federal requirements layer on top: (a) maximum size is 1,500 feet long by 600 feet wide (the 1872 Mining Law maximum), with end lines parallel to each other; (b) the claim must be described by reference to the federal public land survey (township, range, section); (c) the location is not valid without a discovery; a single locator may hold multiple lode claims, each with its own name, boundary survey, and recorded notice
  • § 3832.22 — Placer mining claims: placer claims cover loose, unconsolidated mineral deposits (alluvial gold, stream placers, beach sands); a single locator may claim up to 20 acres in a placer claim; an association placer (multiple co-locators) may claim up to 20 acres per person, not to exceed 160 acres total; placer claims must conform to the public land survey system (legal subdivisions of 40-acre quarter-quarter sections where possible); the size restriction on association placers has historically limited large-scale placer claims
  • §§ 3832.30–3832.34 — Mill sites: a mill site is a location of non-mineral land adjacent to, but not part of, a lode or placer claim, used for mining-related infrastructure — crushers, mills, tailings ponds, ore processing, and ancillary operations; maximum size is 5 acres per mill site; a locator may have multiple mill sites per claim if each is actually used for one of the enumerated purposes; the mill site must be located on land that is demonstrably non-mineral in character (if the land contains valuable mineral deposits, it should be claimed as a lode or placer claim, not a mill site); "dependent" mill sites are tied to a specific lode claim (the most common form); "independent" mill sites serve custom milling operations not tied to a specific mine
  • §§ 3832.40–3832.45 — Tunnel sites: a tunnel site is a subsurface right-of-way under federal land that a prospector may claim for two purposes: (1) gaining underground access to existing lode claims; and (2) exploring for blind veins — mineral deposits that do not outcrop at the surface and cannot be discovered from above; the tunnel site is located by posting a notice at the tunnel face (the portal where the tunnel enters the mountain); a tunnel site does not give ownership of minerals — minerals discovered underground by the tunnel must be separately claimed as lode claims; the tunnel locator has a preferred right to claim any blind vein, lode, or ledge cut by the tunnel within a radius of 1,500 feet from the tunnel line, but only if the vein is not already the subject of an existing surface mining claim; tunnel sites have become relatively uncommon in modern practice as geophysical methods reduce the need for blind-exploration tunneling
  • § 3832.90–3832.91 — Defects and amendments: a location may be amended to correct defects (wrong description, excessive size) by filing an amended notice of location — the amendment cannot reach back to a date before the original location for priority purposes, except that a corrective amendment that doesn't change the claim's boundaries or date of location may relate back; certain defects are curable by amendment (a description that fails to reference the correct legal subdivision), while others are not (failure to make a discovery — no amendment can substitute for the required mineral discovery)

  Part 3832's location requirements — particularly the discovery requirement for lode claims — have been the source of much litigation over what constitutes a qualifying mineral deposit. BLM and courts apply the "prudent-man test" (what would a person of reasonable prudence be justified in spending to develop?) as the threshold; for modern projects involving lithium, rare earths, and battery metals where exploration costs are high and discoveries are deeper, demonstrating a valid discovery for 1872-vintage purposes can require sampling programs, drilling, and economic analyses. The requirement that a locator follow both state and federal law (§ 3832.11) means that California, Nevada, Alaska, Colorado, and other western states each impose their own marking and notice requirements on top of BLM's federal recording system. No major Part 3832 rulemaking since the 2001–2004 comprehensive revision of the BLM mining claim regulations under 43 CFR Subchapter C.

• 43 CFR Part 3420 — BLM Competitive Coal Leasing (60 sections across four subparts). The federal coal leasing framework under the Mineral Leasing Act of 1920 (30 U.S.C. §§ 181–287) requires BLM to issue coal leases through competitive bidding — unlike the 1872 Mining Law's claim-and-extract model for hardrock minerals. Part 3420 governs the full lifecycle of a federal coal lease from land identification through lease sale:

  • §§ 3420.0-1 through 3420.0-3 — Purpose and authority: BLM's objective is to lease federal coal at fair market value, promote timely and orderly development, and conduct leasing in consultation with the public, states, local governments, and Indian tribes; fair market value is determined through independent appraisals before each sale, and BLM will not accept any bid below appraised value
  • § 3420.1-1 — Lands subject to evaluation: federal coal may be leased only on lands (1) within an approved land use plan (Resource Management Plan) that designates the area as available for coal leasing, (2) where coal development is consistent with applicable state and local land use plans, and (3) where the coal can be developed with reasonable protective measures for the environment — land use plan consistency review is a prerequisite to any lease sale
  • §§ 3420.1-4 through 3420.1-7 — Unsuitability criteria: BLM must screen prospective lease tracts for unsuitability; lands within national parks, wilderness areas, national wildlife refuges, Wild and Scenic River corridors, and certain alluvial valley floors are presumptively unsuitable; BLM may also find other lands unsuitable based on site-specific conditions
  • §§ 3420.3-1 through 3420.3-3 — Public participation: BLM holds public hearings and invites comment during the lease tract nomination and environmental review phase; the agency must document how public and intergovernmental comments were addressed before proceeding to a sale
  • Subpart 3422 (§§ 3422.1–3422.4) — Lease sales: BLM offers tracts at competitive oral auction; the minimum bid is the appraised fair market value; if no qualified bid meets the minimum, BLM may offer the tract as a non-competitive lease application for up to 2 years; lease terms are 10 years with continued operation rights; lease rentals are $3/acre/year; royalty rates are 12.5% of gross value for surface-mined coal and 8% of gross value for underground coal
  • Subpart 3425 (§§ 3425.1–3425.7) — Leasing on application: allows qualified mining companies to apply for a specific tract outside the competitive sale cycle; BLM evaluates whether the tract should be offered competitively or via modified competitive sale; BLM may require that an application trigger a competitive sale in which the applicant participates along with other bidders — preventing a single operator from locking up tracts without competition
  • Subpart 3427 (§§ 3427.1–3427.4) — Split estate leasing: many federal coal deposits underlie privately owned surface land — "split estate" where the federal government owns the minerals but a private party owns the surface; BLM must notify the surface owner before initiating leasing on their land, consider surface owner objections, and require the coal lessee to compensate the surface owner for any damage caused by mining operations; split estate conflicts between coal lessees and surface landowners (often farmers and ranchers) are among the most contentious public lands disputes in the Western states

  The Trump administration's 2017 lifting of the Obama-era moratorium on new federal coal leases — which had been imposed in January 2016 pending a royalty reform review — returned the program to active leasing. The Biden administration reimposed a pause in early 2021 while conducting an environmental justice and royalty review. The Trump administration again lifted the pause in January 2025. Federal coal production, which peaked at over 400 million tons per year in the early 2000s, has declined sharply as market forces (cheap natural gas, state RPS mandates, utility retirement decisions) have pushed coal-fired power generation down — making the political debate over federal coal leasing more symbolic than volume-driven compared to a decade ago.

• 43 CFR Part 3600 — BLM Mineral Materials Disposal — governing the sale and free-use permitting of common-variety mineral materials (sand, gravel, stone, pumice, cinders, clay, and petrified wood) from BLM-administered public lands under the Materials Act of July 31, 1947 (30 U.S.C. § 601). These materials are not subject to the 1872 Mining Law (which covers locatable metallic minerals) or the Mineral Leasing Act (which covers oil, gas, and coal) — they are separately governed because of their lower value and widespread use in construction and public works:

  • § 3601.5 — Definitions: "mineral materials" includes common varieties of sand, stone, gravel, pumice, pumicite, cinders, and clay — but not oil or gas, hardrock metals, coal, or any other mineral subject to the mining or mineral leasing laws; petrified wood may be removed in limited quantities without a permit by individuals for non-commercial purposes under separate statutory authority
  • § 3601.11–3601.12 — Environmental and area limitations: BLM will not dispose of mineral materials if aggregate environmental damage exceeds the public benefits; no disposal from wilderness areas, national parks and monuments, Indian lands, or areas designated in land use plans as unsuitable
  • §§ 3601.30–3601.44 — Pre-sale procedures: applicants may sample and test mineral materials under a 90-day authorization letter (no preference right granted); BLM may require mining and reclamation plans before issuing a contract or permit; reclamation plans must describe how disturbed areas will be restored; BLM inspects operations at any reasonable time to verify production volumes and contract compliance
  • Subpart 3602 — Mineral Materials Sales (31 sections): commercial purchasers obtain a competitive sales contract through competitive bidding or negotiation when competition is not feasible; prices are set per ton, per cubic yard, or by other measurable unit; purchasers must post a performance bond covering reclamation costs; purchasers have 90 days after contract expiration or cancellation to remove equipment and improvements — after that, improvements become federal property
  • Subpart 3604 — Free Use Permits (12 sections): federal agencies, state and local governments, tribal governments, municipalities, and nonprofit organizations may obtain free use permits for up to 200,000 cubic yards per year of mineral materials for public works, roads, construction, or other beneficial public purposes; free use permits may not be sold or transferred
  • Subpart 3603 — Community Pits and Common Use Areas (8 sections): BLM may designate geographically broad common use areas or smaller defined community pits from which multiple parties can remove mineral materials; individual sales contracts are required for each removal, but the administrative overhead is reduced by pre-designating the areas as suitable for disposal

• 30 CFR Part 843 — Federal Enforcement (OSMRE): the Office of Surface Mining Reclamation and Enforcement's implementing regulations for SMCRA enforcement on federal lands and in states without approved regulatory programs. Part 843 establishes the notice-and-cessation order framework that is OSMRE's primary enforcement tool:

  • § 843.11 — Cessation orders: OSMRE inspectors must immediately issue a Cessation Order (CO) when they find a condition that creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources; the CO requires the operator to immediately cease all or part of surface coal mining and reclamation operations; cessation orders are the most serious enforcement action — they halt operations immediately without prior notice; a CO may also be issued when a pattern of violations demonstrates willful non-compliance with permit conditions
  • § 843.12 — Notices of Violation (NOVs): inspectors issue an NOV when they find a condition that is not an imminent hazard but violates the permit or regulations; the NOV must specify the violation, the corrective measures required, and an abatement time (typically 30 days or less); during the abatement period, the operator may continue operations while correcting the violation; if the violation is not corrected by the abatement deadline, the inspector must issue a CO
  • § 843.13 — Pattern of violations: if OSMRE finds that a permittee has shown a pattern of willful violations that demonstrates a disregard for SMCRA requirements, the agency must show cause why the permit should not be suspended or revoked; suspension and revocation remove the operator's right to mine — the most severe sanction short of criminal prosecution; pattern of violation determinations require a formal proceeding
  • § 843.15 — Informal public hearing: any person issued a NOV or CO has the right to request an informal public hearing before a Hearing Officer within 30 days; the hearing provides an opportunity to contest the factual basis for the violation; informal hearings must be held within 60 days of the request; the hearing does not suspend the abatement or cessation obligation, but findings can result in modification, vacation, or affirmation of the order
  • § 843.16 — Formal review: persons dissatisfied with informal hearing outcomes may request formal review before an Administrative Law Judge; formal review procedures are established in 43 CFR Part 4

• 30 CFR Part 845 — Civil Penalties: OSMRE's civil penalty assessment framework implementing SMCRA § 518. Civil penalties are the financial enforcement tool that complements cessation orders and NOVs:

  • § 845.15 — Penalty calculation: SMCRA requires assessment of civil penalties for each violation; penalties are calculated based on a points system that assigns numerical values to: (1) history of previous violations at the mine; (2) seriousness (potential for harm and probability of occurrence); (3) negligence; and (4) good faith in attempting to achieve rapid compliance; the total points determine the penalty amount from OSMRE's penalty table; points range from 0–30, with penalties from $60 to $5,000 per violation
  • § 845.17 — Penalties for Cessation Orders: violations that result in cessation orders carry mandatory penalties of not less than $750 per day; this mandatory minimum reflects the seriousness of violations severe enough to require immediate cessation of operations
  • § 845.18 — Separate offenses: each day of continuing violation is treated as a separate violation for penalty purposes; a violation that persists for 30 days after an abatement deadline can result in 30 separate penalties; the per-day accumulation is designed to create strong financial incentives for rapid correction
  • § 845.19 — Failure to pay: if civil penalties are not paid within 30 days of a final assessment, OSMRE may request the Department of Justice to bring a civil action for collection; OSMRE may also revoke the mining permit until penalties are paid

  The OSMRE enforcement framework applies in states that do not have approved state regulatory programs (primarily federal lands and selected non-primacy states) and on federal lands in primacy states. The NOV/cessation order/civil penalty system mirrors the enforcement structure in MSHA and EPA environmental programs — providing graduated responses from warning to work stoppage to financial penalty to permit revocation. Coal mine operators must post performance bonds sufficient to fund reclamation; if an operator abandons a mine after an enforcement action without completing reclamation, OSMRE can use bond funds for cleanup. Recent rulemakings: 91 FR 34622 (April 2026) — OSMRE updated inspection frequency requirements; 88 FR 79292 (November 2023) — coordination with state primacy programs.

• 43 CFR Part 3710 — Common Varieties Act (Surface Resources Act of 1955): BLM regulations implementing the Act of July 23, 1955 (Pub. L. 83-167, 30 U.S.C. §§ 601–615), which made two foundational changes to the 1872 Mining Law's framework for federal minerals. The 1955 Act:

  (1) Excluded "common varieties" of minerals from location under the General Mining Law of 1872. Before 1955, anyone could stake a mining claim on federal land for sand, gravel, pumice, cinders, clay, and other common construction materials — ordinary geologic materials widely available rather than rare, locatable minerals. The 1955 Act withdrew these "common varieties" from the 1872 Law entirely, making them available only through sale or permit rather than through claim location. The 1955 Act preserved rights for claimants who had located valid claims before its effective date. A mineral qualifies as a "common variety" if it does not have "distinct and special value" beyond ordinary market value for the material type — the distinction matters for existing and future mining claim validity disputes.

  (2) Restricted use and occupancy of unpatented mining claims to mineral development purposes. Before 1955, some mining claimants were using unpatented claims primarily for residential, recreational, or commercial purposes rather than mining — essentially homesteading federal land under the guise of mining law. The 1955 Act (implemented in Subpart 3715) prohibits this: an unpatented mining claim may be used or occupied only for the mineral development of the claim.

  Key provisions of 43 CFR Part 3710:

  • § 3712.1 — Restriction on use of unpatented claims: the Act prohibits using an unpatented mining claim, or the surface resources of such a claim, for purposes not reasonably incident to legitimate mining; the holder of an unpatented claim cannot build a cabin for long-term residence, operate a retail business, or use the claim primarily for recreation; BLM can issue a notice to the claimant if it believes the claim is being used contrary to the Act
  • §§ 3712.2-1 through 3712.2-7 — Notice and publication: when a federal agency (not just BLM) needs to use surface resources of a mining claim area for federal purposes, the Act provides a process: the agency requests that BLM publish a notice to the mining claimant; the claimant has an opportunity to assert their claim; if the mineral claim is valid, the agency must compensate the claimant or negotiate access; if the claim is invalid (e.g., located for a common variety mineral post-1955), the agency may proceed without compensation
  • Subpart 3715 — Use and Occupancy Under Mining Laws (§§ 3715.1–3715.9): the most operationally significant subpart — establishing what BLM considers "reasonably incident" use for an unpatented mining claim; permissible uses include structures and facilities necessary for mineral exploration and development (drill pads, access roads, processing facilities, worker housing during active mining operations); impermissible uses include: permanent residence not tied to active mining operations, commercial operations unrelated to mining, recreational vehicle storage or camping operations, and large-scale site development that goes beyond mineral development needs; BLM may issue a Notice to Comply requiring a claimant to remove impermissible structures or cease non-mining use; failure to comply is a violation subject to civil and criminal enforcement

  The Common Varieties Act resolved a significant ambiguity that had allowed broad exploitation of the 1872 Mining Law for purposes Congress never intended. Sand and gravel operations on federal land now require a materials sale contract under 43 CFR Part 3600 rather than a mining claim — a competitive process where BLM charges fair market value for the materials. The distinction between "common" and "locatable" minerals continues to be contested in BLM adjudications: minerals like limestone, when used for specific high-purity industrial purposes (cement, calcium carbonate production) may have "distinct and special value" that takes them outside the common varieties exclusion. Recent rulemakings: 61 FR 37125 (July 17, 1996) and 62 FR 59822 (Nov. 5, 1997) — BLM's comprehensive revision of the Part 3710/3715 regulations.

• 43 CFR Part 3590 — Solid Minerals (Other Than Coal) Exploration and Mining Operations. BLM regulations governing operations for the discovery, development, and production of solid leasable minerals on federal lands — primarily potassium, phosphate, trona (sodium sesquicarbonate), halite, sulfur, and asphaltic minerals held under lease, license, or permit under the Mineral Leasing Act and related statutes. Part 3590 is the operational counterpart to the lease issuance rules (Parts 3500–3580) — it governs what happens after a lessee obtains a lease and begins mining. Key provisions:

  • § 3590.0-7 — Scope: Part 3590 applies to all operations under federal solid mineral leases, licenses, and permits — covering exploration and prospecting, development (shaft sinking, tunneling), active mining and milling, and reclamation; Part 3590 does not apply to coal (governed by separate regulations under SMCRA) or oil shale/tar sands (separate Part 3900 regulations)
  • § 3591.1 — General obligations: lessees must conduct operations in conformance with the lease terms, applicable regulations, and the approved mining plan; surface disturbance must be minimized; the lessee must restore the surface to its pre-lease condition after operations conclude — the reclamation bond requirement operationalizes this obligation
  • § 3592.1 — Operating plans: before any operations (including exploration), the operator must submit an exploration or mining plan to the BLM authorized officer showing: the area to be operated, the method of mining, the sequence of operations, the approach to surface disturbance minimization, and reclamation measures; no operations may begin until the plan is approved; subsequent changes to approved plans require prior BLM approval
  • § 3592.2 — Maps: maps of underground workings and surface operations must be maintained at a scale acceptable to the authorized officer; as-built maps must be updated quarterly for underground mines and annually for surface operations; final maps must be submitted upon mine closure — these maps are the BLM's permanent record of the mine's extent and are critical for post-closure land management
  • Subpart 3594 — Mining Methods: the authorized officer may prescribe specific mining methods to prevent waste, subsidence, or unsafe conditions; for underground mines, backfilling (refilling mined areas with waste rock or tailings) may be required to control subsidence risks; the methods requirements reflect BLM's authority to protect federal surface interests from mining-induced ground movement
  • Subpart 3595 — Protection Against Mining Hazards: ventilation requirements for underground mines to prevent accumulation of toxic or explosive gases; electrical equipment must be explosion-proof in gassy mines; emergency escape routes and travel times must meet specified standards; firefighting equipment and first aid supplies must be maintained; mine management must maintain records of all reported safety incidents and near-misses
  • Subpart 3596 — Waste From Mining or Milling: solid mineral mining generates substantial waste — tailings piles, waste rock, overburden; Part 3590 requires that waste disposal plans minimize contamination of surface water, groundwater, and soils; tailings impoundments (ponds used to dispose of fine mining waste in slurry form) must be designed to prevent seepage and catastrophic failure; the requirements interact with EPA's regulations under RCRA for hazardous waste and the Clean Water Act's Section 404 permit requirements for fill in waters of the United States
  • Subpart 3597 — Production Records: operators must report production and royalty data to the Office of Natural Resources Revenue (ONRR) under 30 CFR Parts 216 and 218; BLM's Part 3590 cross-references the ONRR reporting system; production records must be retained for six years and are subject to BLM and ONRR audit
  • Subpart 3598 — Inspection and Enforcement: BLM authorized officers may inspect mining operations at any reasonable time without prior notice; inspections may cover safety, environmental compliance, production accuracy, and plan conformance; inspectors may order the cessation of operations that present an immediate safety hazard; civil penalties for violations are calculated based on the severity and duration of the violation; pattern violations may result in lease suspension or cancellation

  Part 3590 governs a diverse portfolio of solid mineral operations that rarely receive the public attention of coal or oil and gas but are economically significant: U.S. potash production (primarily from New Mexico federal leases) is a strategic agricultural input; phosphate mining in Idaho is a critical link in the domestic fertilizer supply chain; and trona mining in Wyoming (the world's largest deposit, largely on federal land) produces about 90% of the soda ash used in glass, detergents, and chemicals in North America. The Trump administration's critical minerals executive orders have accelerated leasing activity for federal solid minerals, and BLM has been processing new exploration and development plans under Part 3590 at an accelerated pace since 2025. No major Part 3590 rulemakings in the past decade — the regulations reflect 1980s-era standards; BLM's 2023 proposed conservation and landscape health rule raised reclamation bonding standards that could affect Part 3590 operations but was in litigation as of 2026.

Pending Legislation

• HR 7126 — SECURE Minerals Act: would establish a Critical Minerals Reserve to stockpile domestically sourced critical minerals for national security. Status: Introduced.
• HR 6696 — Restoring American Mineral Security Act: would create an alliance and trust for critical minerals to strengthen domestic supply chains and reduce dependence on foreign sources. Status: Introduced.
• HR 7021 — Critical Mineral Mining Education Act: would fund workforce development and education programs for critical mineral mining careers. Status: Introduced.
• HR 6391 — Save Oak Flat from Foreign Mining Act: would permanently withdraw 2,422 acres at Oak Flat (Tonto National Forest, AZ) from all forms of mining entry, blocking a controversial copper mine on land sacred to the Apache. Status: Introduced.
• HR 7882 — Would authorize leasing of mineral deposits in the Carlsbad, New Mexico area for potash and other mineral extraction. Status: Introduced.

Recent Developments

• NOAA receives first deep seabed mining license applications in decades (March 2026): NOAA received two applications for deep seabed mining exploration licenses — the first under the Deep Seabed Hard Mineral Resources Act (DSHMRA) in decades, reflecting the Trump administration's executive order on seabed mineral development and renewed commercial interest in polymetallic nodules (containing nickel, cobalt, manganese, and copper critical for EV batteries). NOAA's licensing process requires environmental impact assessment; the ISA's moratorium call complicates U.S. unilateral seabed mining, but the administration has signaled it will proceed under domestic statutory authority regardless of ISA consensus.
• Critical minerals policy has become a national security and economic priority, with emphasis on domestic production and supply chain resilience
• Mining law reform (imposing hardrock royalties) has been proposed in Congress for decades but never enacted — opposition from the mining industry and Western state delegations has blocked reform
• The Inflation Reduction Act (2022) increased onshore oil and gas royalty rates and directed significant investment in critical mineral supply chains
• MSHA has proposed updated silica dust exposure standards to reduce lung disease among miners
• Abandoned mine land cleanup has received substantial new funding through the Bipartisan Infrastructure Law