Washington, D.C. — U.S. Senator Michael Bennet (D-Colo.) joined U.S. Senator Ben Ray Luján (D-N.M.), alongside nine of their Senate colleagues, to introduce the Mining Waste, Fraud, and Abuse Prevention Act. This legislation would reform the outdated 1872 Mining Law, which has remained virtually unchanged for 150 years and allowed mining companies to exploit public resources for free and pass environmental costs onto taxpayers. U.S. Representative Raúl Grijalva (D-Ariz.) introduced companion legislation in the House.
“This outdated mining law was designed when Ulysses S. Grant was in the White House – it’s long past time we make changes to meet our state’s modern needs and address pollution from mineral extraction and abandoned mines across the West. It is outrageous that we still give away our nation’s mineral resources without any return for the taxpayers who own this public resource,” said Bennet. “Our bill will continue to support the mineral extraction that is critical to our clean energy economy, while modernizing the current mining system to improve water quality, protect our public lands, safeguard our watersheds, and support our communities.”
“Elon Musk and President Trump are putting a chainsaw to our federal workforce and public lands protections. If Republicans were serious about eliminating waste, fraud, and abuse, they would join me in reforming this Civil War-era mining law that has allowed mining companies to exploit our gold, silver, and critical minerals from public lands without paying their fair share and stiffing the American taxpayer with the cleanup costs. It’s far past time that we update this law to crack down on actual waste, fraud, and abuse,” said Luján. “I am proud to lead this legislation to modernize the broken 1872 Mining Law to reduce waste, protect taxpayers, generate revenue, and protect public lands. I look forward to working with my colleagues to get this legislation passed.”
The Mining Waste, Fraud, and Abuse Prevention Act would update the 153-year-old law by eliminating patenting of federal lands, imposing a federal minerals royalty, establishing a Hardrock Minerals Reclamation Fund for the cleanup of abandoned mines, and requiring a review of certain lands within three years to determine if they should be available for future mining claims.
Specifically, the bill would:
- Require annual rental payments for claimed public land, thereby treating mine operators as other public land users;
- Set a royalty rate of not less than 5% and not greater than 8% based on the gross income of production on federal land but would not apply to mining operations already in commercial production or those with an approved plan of operations;
- Ensure that revenues would be deposited into a Hardrock Minerals Reclamation Fund for abandoned mine cleanup. Additionally, the Fund would be infused by an abandoned mine reclamation fee of 1% to 3%;
- Allow the U.S. Secretary of the Interior to grant royalty relief to mining operations based on economic factors;
- Require an exploration permit and mining operations permit for non-casual mining operations on federal land, which would be valid for 30 years and continue as long as commercial production occurs;
- Permit states, political subdivisions, and tribes to petition the Secretary of the Interior to have lands withdrawn from mining; and
- Require an expedited review of areas that may be inappropriate for mining, and allow specific areas to be reviewed for possible withdrawal.
“Public lands belong to all of us, and it’s our responsibility to make sure they are responsibly managed–not depleted or damaged without accountability or community input. One of the most important steps in ensuring that is reforming the General Mining Act of 1872, which comes from a time when natural resources seemed inexhaustible and the environmental consequences of mining were not considered. We are encouraged by the reintroduction of the Mining Waste, Fraud, and Abuse Prevention Act and hope to see lawmakers pass it and finally usher us out of the age of 19th century energy policy. We thank Senator Bennet for being an original cosponsor of this legislation and one of Congress’ champions on mining reform,” said Jim Ramey, Colorado State Director, The Wilderness Society.
“Mining law reform needs to be fair and meaningful. This legislation is an important step in balancing mineral production and the conservation of our waters, sensitive public lands, and fish and wildlife habitat,” said Chris Wood, President and CEO, Trout Unlimited. “A fair royalty that will power clean up of abandoned mines and some measure of discretion for land managers to deny the wrong mines in the wrong places will help leave the next generation cleaner and healthier lands and waters. We thank Senator Bennet for his leadership on these pressing issues.”
Bennet and colleagues introduced similar legislation in April 2022.
In addition to Bennet and Luján, U.S. Senators Cory Booker (D-N.J.), Martin Heinrich (D-N.M.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Bernie Sanders (D-Vt.), Chris Van Hollen (D-Md.), Ron Wyden (D-Ore), and Elizabeth Warren (D-Mass.) also cosponsored the bill.
The legislation is also supported by the following organizations: Earthjustice, Earthworks, Hualapai Tribe, Natural Resources Defense Council, Grand Canyon Trust, Outdoor Alliance, Backcountry Hunters & Anglers, and the National Parks Conservation Association. Supportive quotes from these organizations are HERE.
The text of the bill is available HERE.