Mining Regulatory Clarity Act
- Bill Number
- H.R. 1366
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Passed House
- Latest Action
- 2026-03-17: Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 357.
- Last Updated
- 2026-06-11T23:26:37Z
AI-Generated Summary
Purpose
The Mining Regulatory Clarity Act (H.R. 1366) aims to modernize rules for hardrock mining on public lands by allowing the location of multiple mill sites—areas used for processing minerals, waste disposal, or related activities. It also creates a dedicated fund to support the cleanup of abandoned hardrock mines, funded through mining fees, to balance expanded mining operations with environmental remediation.
Key Provisions
- Multiple Mill Sites:
- Permits owners of mining claims (lode or placer claims, which are legal rights to extract minerals like gold or silver from specific public land areas) to locate and use multiple mill sites on public lands as needed for their operations.
- Mill sites are limited to 5 acres each and must be included in an approved "plan of operations" (a detailed proposal submitted to the government for approval before starting mining activities).
- These sites can be on the same land as existing mining claims but do not grant mineral rights, affect the validity of claims, or allow ownership through patenting (a process to buy the land outright).
- Abandoned Hardrock Mine Fund:
- Establishes a new account in the U.S. Treasury called the Abandoned Hardrock Mine Fund.
- Funds it with fees collected from mill sites (specifically, the annual claim maintenance fee, currently $165 per claim, paid to keep claims active).
- Money from the fund can only be used, without needing additional Congress approval, for cleaning up abandoned hardrock mines under existing law from the Infrastructure Investment and Jobs Act (2021), which addresses hazards like toxic waste from old mines.
- Funds are allocated to states and tribes based on need, with options for transfers between agencies.
- Clerical Updates:
- Makes technical changes to update outdated references in a 1993 law about mining fees, ensuring consistency with current mining statutes.
Significant Changes to Existing Law
- Previously, under the Mining Law of 1872 (as amended), mill sites were limited to one per mining claim and capped at 5 acres total for non-mineral uses. This bill removes that limit, allowing multiple sites as long as they support approved operations and do not exceed 5 acres each.
- Introduces a new funding mechanism by directing mill site fees specifically to the Abandoned Hardrock Mine Fund, rather than general Treasury use, tying expanded mining permissions to cleanup efforts.
- Clarifies definitions and processes for plans of operations under regulations from the Departments of Interior and Agriculture, which manage public lands.
Potential Impacts
- Government Agencies: The Departments of the Interior (Bureau of Land Management) and Agriculture (U.S. Forest Service) will handle more mill site approvals and plans of operations, potentially increasing administrative workload. The new fund provides dedicated resources for mine cleanup, reducing reliance on general budgets and aiding agencies like the Environmental Protection Agency in addressing environmental hazards.
- Citizens: Mining communities may see economic growth from easier operations, creating jobs and resource extraction. However, it could raise environmental concerns, such as increased waste on public lands, though the fund supports safer cleanup of old sites, benefiting public health in affected areas (e.g., reducing water contamination from abandoned mines).
- International Relations: Minimal direct impact, as the bill focuses on domestic public lands, but it could indirectly affect U.S. mineral supply chains for global industries like electronics or renewable energy, potentially enhancing domestic production.
Main Stakeholders Affected
- Mining Operators and Claim Holders: Benefit from flexibility in locating support sites, reducing operational barriers and costs.
- Federal Land Managers (e.g., Bureau of Land Management, U.S. Forest Service): Responsible for approving plans and ensuring compliance, with added tools for oversight.
- States, Tribes, and Local Communities: Receive fund allocations for cleanup, addressing legacy pollution; communities near mines may experience both economic opportunities and environmental risks.
- Environmental and Conservation Groups: Could advocate for or challenge expansions due to potential land use conflicts, while supporting the cleanup fund.
- Taxpayers: Indirectly affected through efficient use of fees for remediation, avoiding broader federal spending.
Notable Legal, Constitutional, or Political Implications
- Legal: Provides regulatory clarity by codifying practices for mill sites, reducing ambiguity in 19th-century mining laws that have led to disputes. Includes "savings provisions" to preserve existing land withdrawals (e.g., for wilderness or endangered species protection), ensuring no automatic reopening of closed areas and upholding laws like the Federal Land Policy and Management Act (1976).
- Constitutional: Aligns with Congress's authority over public lands under the Property Clause of the U.S. Constitution (Article IV, Section 3), promoting responsible use without infringing on private rights or federal protections.
- Political: May spark debate between pro-mining interests (favoring economic development) and conservation advocates (concerned about public land integrity). By linking fees to cleanup, it addresses environmental criticisms of the 1872 Mining Law, potentially building bipartisan support for modernization while avoiding royalty requirements on extracted minerals.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Horsford, Steven [D-NV-4], Rep. Begich, Nicholas J. [R-AK-At Large]
Recent Actions
- 2026-03-17: Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 357.
- 2025-12-18: Received in the Senate.
- 2025-12-18: Motion to reconsider laid on the table Agreed to without objection.
- 2025-12-18: On passage Passed by the Yeas and Nays: 219 - 198 (Roll no. 358). (text of amendment in the nature of a substitute: CR H6044) (Roll call 358)
- 2025-12-18: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 198 (Roll no. 358). (Roll call 358)
- 2025-12-18: On motion to recommit Failed by the Yeas and Nays: 205 - 213 (Roll no. 357). (Roll call 357)
- 2025-12-18: Considered as unfinished business. (consideration: CR H6069-6070)
- 2025-12-18: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1366, the Chair put the question on motion to recommit and by voice vote announced the noes had prevailed. Ms. Leger Fernandez demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- 2025-12-18: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- 2025-12-18: Ms. Leger Fernandez moved to recommit to the Committee on Natural Resources. (text: CR H6049)
- 2025-12-18: The previous question was ordered pursuant to the rule.
- 2025-12-18: DEBATE - The House proceeded with one hour of debate on H.R. 1366.
- 2025-12-18: Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
- 2025-12-18: Considered under the provisions of rule H. Res. 951. (consideration: CR H6044-6049)
- 2025-12-16: Rules Committee Resolution H. Res. 951 Reported to House. Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
Bill Versions
- Mining Regulatory Clarity Act — issued 2025-12-18 — PDF (12 pages)
- Mining Regulatory Clarity Act of 2025 — issued 2025-02-14 — PDF (9 pages)
- Mining Regulatory Clarity Act — issued 2026-03-17 — PDF (12 pages)
- Mining Regulatory Clarity Act — issued 2025-11-25 — PDF (12 pages)