Passed
219 Yea198 Nay16 Not voting1/2 required
HR-1366-119
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 357.
Sponsored by Mark Amodei (R-NV)
What it does
This bill would allow mining operators to use federal public lands for activities ancillary to their operations — such as waste rock disposal — even on land parcels that do not contain economically viable mineral deposits. It would overturn the practical effect of a 2022 Ninth Circuit ruling (the "Rosemont decision") that restricted where mining waste could be placed. The bill would also create an Abandoned Hardrock Mine Fund, funded by fees from mill site claims, which the Department of the Interior would use to pay for reclamation of abandoned hardrock mine sites.
Who benefits
Hardrock mining companies (copper, gold, silver, etc.) that operate on federal lands and need adjacent land for waste disposal. Mining industry investors and shareholders. Workers employed at mines that might otherwise face operational restrictions or closure. Western states with significant federal land and active mining sectors (e.g., Arizona, Nevada, Utah, Colorado). Communities economically dependent on mining operations. Owners and communities near abandoned mine sites, who would benefit from the reclamation fund. The federal government, which collects new mill site claim fees.
Who is hurt
Environmental and conservation groups that sought to use the Rosemont decision to limit mine waste expansion on federal lands. Communities and ecosystems near proposed mine waste disposal sites, particularly in the Southwest. Taxpayers if the reclamation fund proves insufficient to cover cleanup costs at abandoned sites. Competing land users — hikers, ranchers, and recreationists — who may lose access to federal lands designated for mine waste disposal. Tribes and Indigenous communities with cultural or treaty interests in affected federal lands.
Supporters argue
Supporters argue that the Rosemont decision created an unworkable standard that effectively blocked economically viable mines by denying them access to adjacent land for waste disposal — a routine operational necessity. They contend that the 1872 Mining Law always intended to allow ancillary uses of federal land, and that the ruling introduced legal uncertainty that has stalled domestic production of critical minerals like copper, which is essential for electric vehicles, power grids, and national defense supply chains. They further argue the Abandoned Hardrock Mine Fund addresses a long-standing environmental liability by directing new fee revenue toward cleaning up legacy pollution.
Opponents argue
Opponents argue that the bill effectively hands mining companies a blank check to use federal public lands as industrial waste dumps without requiring those lands to contain any mineral value — removing a key check on how much public land a single operation can consume. They contend the Rosemont decision correctly interpreted the 1872 Mining Law and that overriding it legislatively prioritizes corporate profits over the protection of public lands, water resources, and communities near mine sites. They further argue the reclamation fund, financed only by mill site fees, may be far too small to address the estimated tens of billions of dollars in existing abandoned mine cleanup liabilities.
Constitutional context
Congress's authority to manage and dispose of federal public lands is grounded in the Property Clause (Art. IV, §3, cl. 2), which grants Congress broad power over federal territory. No active Supreme Court constitutional tension directly governs this bill; it is primarily a statutory clarification of the 1872 Mining Law rather than a new regulatory mandate on private parties. Post-Loper Bright (2024), courts will independently review any Bureau of Land Management regulations implementing this bill rather than deferring to the agency's interpretation.
Checks and balances
Congress gains authority by legislatively overriding a judicial interpretation of the 1872 Mining Law; the Department of the Interior retains administrative oversight through plan-of-operations approval, and federal courts retain review authority over agency implementation under the post-Loper Bright independent judgment standard.
Historical precedent
The General Mining Act of 1872 established the original framework for hardrock mining on federal lands, and Congress has periodically amended it to address specific operational and environmental disputes, though no prior legislation has directly addressed the mill site claim limitation at issue in the Rosemont decision.
Passed