S. Rpt. 119-105 accompanies the "Mining Regulatory Clarity Act" — legislation that falls within the Energy and Natural Resources Committee's jurisdiction. Committee reports serve as the official legislative history of a bill, documenting what the legislation would do and why the committee recommends passage. Reports of this kind include the committee's section-by-section analysis, any amendments adopted during markup, the Congressional Budget Office cost estimate, dissenting views from minority members, and the legal basis for the legislation. Courts and agencies consult committee reports when interpreting enacted laws, making these documents important beyond the immediate legislative moment.
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Senate Report 119-105 - MINING REGULATORY CLARITY ACT
[Senate Report 119-105]
[From the U.S. Government Publishing Office]
Calendar No. 334
119th Congress } { Report
SENATE
2d Session } { 119-105
=======================================================================
MINING REGULATORY CLARITY ACT
----------------
February 11, 2026.--Ordered to be printed
----------------
Mr. Lee, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 544]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 544) to provide for the location of
multiple hardrock mining mill sites, to establish the Abandoned
Hardrock Mine Fund, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose
The purpose of S. 544 is to provide for the location of
multiple hardrock mining mill sites and to establish the
Abandoned Hardrock Mine Fund.
Background and Need
In May of 2022, the U.S. Court of Appeals for the Ninth
Circuit affirmed a lower court decision vacating the Forest
Service's approval of the mining plan of operations for the
Rosemont Copper Mine Project, located partially in the Coronado
National Forest in Pima County, Arizona. Center For Biological
Diversity v. United States Fish & Wildlife Service, 33 F.4th
1202, 1224 (9th Cir. 2022), aff'g, 409 F. Supp. 3d 738 (D.
Ariz. 2019). The Rosemont case questioned whether ``the Surface
Resources and Multiple Use Act of 1955 (`Multiple Use Act')
gives Rosemont the right to dump its waste rock on open
National Forest land, without regard to whether it has any
mining rights on that land, as a `use[] reasonably incident to
its operations at the mine pit,'' and whether the Forest
Service could assume that Rosemont had valid mining claims to
the area where it proposed to dispose of its waste rock. Id. at
1207.
The Ninth Circuit decided that section 162 of the Surface
Resources and Multiple Use Act of 1955 did not grant Rosemont
the right to dispose of waste rock in its mine plan as a
``use[] reasonably incident'' to its operations. This decision
limits the ability of the U.S. Forest Service to approve mining
support facilities necessary for mining operations like waste
rock placements, mills, offices, roads, or transmission lines.
Before this decision, precedent and U.S. Forest Service
regulations allowed the agency to approve mining support
facility operations ``on or off a mining claim'' so long as
those activities met environmental and regulatory standards.
409 F. Supp. 3d at 755, quoting 36 C.F.R. Sec. 228.3(a). S. 544
addresses this problem by adding a new subsection (c) to
section 2337 of the Revised Statutes (commonly known as the
Mining Law of 1872), which creates a new form of mill site
claim on public land for the disposal of waste rock or tailings
or other operations reasonably incidental to mining operations
under a plan of operations.
Legislative History
S. 544 was introduced by Senator Cortez Masto on February
12, 2025. Senators Risch, Rosen, Crapo, and Murkowski
cosponsored the bill. Representative Amodei introduced a
companion measure in the House of Representatives, H.R. 1366,
on February 14, 2025. Similar legislation was also included as
section 443 of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2026 (H.R. 4754), reported
by the House Committee on Appropriations on July 24, 2025. The
Committee on Energy and Natural Resources held a hearing on S.
544 on March 12, 2025. The Committee ordered S. 544 reported
favorably without amendment on April 9, 2025.
The Committee considered similar legislation in recent
Congresses. In the 118th Congress, Senator Cortez Masto
introduced the Mining Regulatory Clarity Act of 2023, S. 1281,
on April 25, 2023. The Committee on Energy and Natural
Resources Subcommittee on Public Lands, Forests, and Mining
held a hearing on December 12, 2023. Representative Amodei
introduced a companion measure in the House of Representatives,
H.R. 2925, on April 27, 2023, which passed the House of
Representatives on May 8, 2024, by a vote of 216-195. No
further action was taken on S. 1281 in the Senate, but the text
was substantially modified and added as section 210 to S. 4753,
the Energy Permitting Reform Act of 2024, introduced on July
23, 2024, by Senator Manchin and cosponsored by Senator
Barrasso. The Committee on Energy and Natural Resources ordered
S. 4753 reported with an amendment in the nature of a
substitute on July 31, 2024. The roll call vote on reporting
the measure was 15 yeas and 4 nays.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on April 9, 2025, by a majority vote of a
quorum present recommends that the Senate pass S. 544.
The roll call vote on reporting the measure was 14 yeas, 6
nays as follows:
YEAS NAYS
Mr. Lee Mr. Heinrich
Mr. Barrasso Mr. Wyden*
Mr. Risch Ms. Cantwell*
Mr. Daines Ms. Hirono
Mr. Cotton Mr. Padilla
Mr. McCormick Mr. Gallego*
Mr. Justice
Mr. Cassidy
Mrs. Hyde-Smith
Ms. Murkowski*
Mr. Hoeven
Mr. King
Ms. Cortez Masto
Mr. Hickenlooper
*Indicates vote by proxy.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides a short title of the ``Mining Regulatory
Clarity Act.''
Section 2. Hardrock mining mill sites
Section 2(a) amends the Mining Law of 1872 by adding a new
subsection (c) to section 2337 of the Revised Statutes. The new
subsection authorizes mining claim holders to establish mill
sites on public land, whether the land is known to contain
minerals or not, for waste rock or tailings disposal or other
operations reasonably incidental to mineral development or
production.
Paragraph (1) of the new subsection (c) defines key terms
used in the subsection.
Paragraph (2) authorizes a mining claim holder to claim as
many mill sites as are reasonably necessary for its operations.
Paragraph (3) states that a mill site does not convey
mineral rights to the claimant.
Paragraph (4) limits the size of each mill site to no more
than 5 acres.
Paragraph (5) allows the holder or operator of a mining
claim to locate a mill site on that mining claim.
Paragraph (6) states that claiming a mill site does not
affect the validity of an associated mining claim.
Paragraph (7) states that the new mill sites are not
eligible for patenting.
Paragraph (8) states that the new subsection (c) does not
affect existing rights or other laws.
Section 2(b) establishes a new Abandoned Hardrock Mine Fund
in the Treasury and directs that all claim maintenance fees
paid by claimants to the Secretary of the Interior under
section 1010 of the Omnibus Budget Reconciliation Act of 1993
for the new mill site claims established under subsection (a)
are to be deposited into the new Fund, where they will be
available, without further appropriation, to carry out the
Abandoned Hardrock Mine Reclamation program established by
section 40704 of the Infrastructure Investment and Jobs Act.
Section 2(c) makes clerical amendments to section 1010 of
the Omnibus Budget Reconciliation Act of 1993, which governs
the payment of claim maintenance fees for mill sites and mining
claims.
Cost and Budgetary Considerations
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 544 as
ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov and printed in the Congressional Record.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 544. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 544, as ordered reported.
Congressionally Directed Spending
S. 544, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The Committee on Energy and Natural Resources has not
received executive communication regarding S. 544.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 544, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
MINING LAW OF 1872
Revised Statutes, Sec. 2337
Sec. 2337. (a) Where non-mineral land not contiguous to the
vein or lode is used or occupied by the proprietor of such vein
or lode for mining or milling purposes, such non-adjacent
surface-ground may be embraced and included in an application
for a patent for such vein or lode, and the same may be
patented therein, subject to the same preliminary requirements
as to survey and notice as are applicable to veins or lodes;
but no location hereafter made of such non-adjacent land shall
exceed five acres, and payment for the same must be made at the
same rate as fixed by this chapter for the superficies of the
lode. The owner of a quartz-mill or reduction-works, not owning
a mine in connection therewith, may also receive a patent for
his mill-site, as provided in this section.
(b) Where nonmineral land is needed by the proprietor of a
placer claim for mining, milling, processing, beneficiation, or
other operations in connection with such claim, and is used or
occupied by the proprietor for such purposes, such land may be
included in an application for a patent for such claim, and may
be patented therewith subject to the same requirements as to
survey and notice as are applicable to placers. No location
made of such nonmineral land shall exceed five acres and
payment for the same shall be made at the rate applicable to
placer claims which do not include a vein or lode.
(c) Additional Mill Sites.--
(1) Definitions.--In this subsection:
(A) Mill site.--The term, ``mill site'' means
a location of public land that is reasonably
necessary for waste rock or tailings disposal
or other operations reasonably incident to
mineral development on, or production from land
included in a plan or operations.
(B) Operations; operator.--The terms
``operations'' and ``operator'' have the
meanings given those terms in section 3809.5 of
title 42, Code of Federal Regulations (as in
effect on the date of enactment of this
subsection).
(C) Plan of operations.--The term ``plan of
operations'' means a plan of operations that an
operator must submit and the Secretary of the
Interior or the Secretary of Agriculture, as
applicable, must approve before an operator may
begin operations, in accordance with, as
applicable--
(i) subpart 3809 of title 43, Code of
Federal Regulations (or successor
regulations establishing application
and approval requirements); and
(ii) part 228 of title 36, Code of
Federal Regulations (or successor
regulations establishing application
and approval requirements).
(D) Public land.--The term ``public land''
means land owned by the United States that is
open to location under sections 2319 through
2344 of the Revised Statutes (30 U.S.C. 22 et
seq.), including--
(i) land that is mineral-in-character
(as defined in section 3830.5 of title
43, Code of Federal Regulations (as in
effect on the date of enactment of this
subsection));
(ii) nonmineral land (as defined in
section 3830.5 of title 43, Code of
Federal Regulations (as in effect on
the date of enactment of this
subsection)); and
(iii) land where the mineral
character has not been determined.
(2) In general.--Notwithstanding subsections (a) and
(b), where public land is needed by the proprietor of a
lode or placer claim for operations in connection with
any lode or placer claim within the proposed plan of
operations the proprietor may--
(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
(B) use or occupy public land in accordance
with an approved plan of operations.
(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to
the locator.
(4) Size of mill sites.--A location of a single mill
site under this subsection shall not exceed 5 acres.
(5) Mill site and lode or placer claims on same
tracts of public land.--A mill site may be located
under this subsection on a tract of public land on
which the claimant or operator maintains a previously
located lode or placer claim.
(6) Effect on mining claims.--The location of a mill
site under this subsection shall not affect the
validity of any lode or placer claim, or any rights
associated with such a claim.
(7) Patenting.--A mill site under this section shall
not be eligible for patenting.
(8) Savings provisions.--Nothing in this subsection--
(A) diminishes any right (including a right
of entry, use, or occupancy) of a claimant;
(B) creates or increases any right (including
a right of exploration, entry, use, or
occupancy) of a claimant on land that is not
open to location under the general mining laws;
(C) modifies any provision of law or any
prior administrative action withdrawing land
from location or entry;
(D) limits the right of the Federal
Government to regulate mining and mining-
related activities (including requiring claim
validity examinations to establish the
discovery of a valuable mineral deposit) in
areas withdrawn from mining, including under--
(i) the general mining laws;
(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.);
(iii) the Wilderness Act (16 U.S.C.
1131 et seq.);
(iv) sections 100731 through 100737
of title 54, United States Code;
(v) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(vi) division A of subtitle III of
title 54, United States Code (commonly
referred to as the ``National Historic
Preservation Act''); or
(vii) section 4 of the Act of July
23, 1955 (commonly known as the
``Surface Resources Act of 1955'') (69
Stat. 368, chapter 375; 30 U.S.C. 612);
(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that--
(i) existed prior to the date on
which the land was closed to, or
withdrawn from, location under the
general mining laws; and
(ii) that has been extinguished by
such closure or withdrawal; or
(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public
Law 118-42).
* * * * * * *
OMNIBUS BUDGET RECONCILIATION ACT OF 1993
Public Law 103-66
AN ACT To provide for reconciliation pursuant to section 7 of the
concurrent resolution on the budget for fiscal year 1994.
* * * * * * *
TITLE X--NATURAL RESOURCES PROVISIONS
* * * * * * *
Subtitle B--Hardrock Mining Claim Maintenance Fee
SEC. 10101. FEE.
(a) Claim Maintenance Fee.--
(1) Lode mining claims, mill sites, and tunnel
sites.--[The holder of]
(A) In general.--The holder of each
unpatented lode mining claim, mill site, or
tunnel site, located pursuant to the mining
laws of the United States before, on, or after
August 10, 1993, shall pay to the Secretary of
the Interior, on or before September 1 of each
year, to the extent provided in advance in
appropriations Acts, a claim maintenance fee of
$100 per claim or site, respectively. [Such
claim maintenance fee]
(B) Fee.--The claim maintenance fee under
subparagraph (A) shall be in lieu of the
assessment work requirement contained in [the
Mining Law of 1872 (30 U.S.C. 28-28e)] sections
2319 through 2344 of the Revised Statutes (30
U.S.C. 22 et seq.) and the related filing
requirements contained in section 314 (a) and
(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1744(a) and (c)).
(1) Placer mining claims.--[The holder of]
(A) In general.--The holder of each
unpatented placer mining claim located pursuant
to the mining laws of the United States before,
on, or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before
September 1 of each year, the claim maintenance
fee described in subsection (a)(1), for each 20
acres of the placer claim or portion thereof.
[Such claim maintenance fee]
(B) Fee.--The claim maintenance fee under
subparagraph (A) shall be in lieu of the
assessment work requirement contained in [the
Mining Law of 1872 (30 U.S.C. 28-28e)] sections
2319 through 2344 of the Revised Statutes (30
U.S.C. 22 et seq.) and the related filing
requirements contained in section 314(a) and
(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1744(a) and (c)).
(b) Time of Payment.--[The claim maintenance fee]
(1) In general.--The claim maintenance fee under
subsection (a) shall be paid for the year in which the
location is made, at the time the location notice is
recorded with the Bureau of Land Management. [The
location fee]
(2) Fee.--The location fee imposed under section
10102 shall be payable not later than 90 days after the
date of location.
* * * * * * *
(d) Waiver.--(1) The claim maintenance fee required under
this section may be waived for a claimant who certifies in
writing to the Secretary that on the date the payment was due,
the claimant and all related parties--
(A) held not more than 10 mining claims, mill sites,
or tunnel sites, or any combination thereof, on public
lands; and
(B) have performed assessment work required under
[the Mining Law of 1872 (30 U.S.C. 28-28e)] sections
2319 through 2344 of the Revised Statutes (30 U.S.C. 22
et seq.) to maintain the mining claims held by the
claimant and such related parties for the assessment
year ending on noon of September 1 of the calendar year
in which payment of the claim maintenance fee was due.
* * * * * * *
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