H.R. 1865 — Mining Waste, Fraud, and Abuse Prevention Act of 2025

This section closes all federal lands to entry and location under the general mining laws as of the effective date of this Act, preventing acquisition of new rights under those laws. For existing claims without an approved plan of operations or filed notice of operations as of the effective date, this section allows the claims to remain in effect for up to 10 years (or 3 years if in a withdrawn or segregated area or held by a small miner) if the holder complies with assessment and other requirements under section 109 of this Act, unless relinquished or converted to a noncompetitive mining lease upon demonstration of a valuable mineral deposit; unconverted claims become void at the end of the applicable period. For existing claims with an approved plan of operations but no commenced operations as of the effective date, this section permits mineral activities to continue under the plan (with minor modifications allowed) for 10 years while requiring compliance with this Act by the end of that period; failure to convert to a noncompetitive lease within 10 years subjects the claim to a fee of $100 per acre per day until converted. This section directs the Secretary to issue regulations within one year of the effective date governing conversions of existing claims to noncompetitive leases, including prohibitions on conversions by violators of environmental, health, or safety laws; discretion to include nonmineral millsite lands; area limits; requirements for surface agency consent and identical financial terms to other hardrock leases under this Act; and other appropriate terms. This section exempts the issuance of noncompetitive mining leases under this section from National Environmental Policy Act analysis, unless the lease modifies or extends previously authorized surface disturbance.

This section prohibits the issuance of patents after the effective date of this Act for mining claims (vein or lode, or placer) and millsites located under the general mining laws (30 U.S.C. 22 et seq.) unless the Secretary determines that (1) a patent application was filed on or before September 30, 1994, and (2) all applicable requirements were fully complied with by that date—specifically, for vein or lode claims, sections 2325 and 2326 of the Mining Law of 1872 (30 U.S.C. 29 and 30); for placer claims, sections 2329, 2330, 2331, and 2333 (30 U.S.C. 35, 36, and 37). If the Secretary makes these determinations, the claim or millsite holder is entitled to a patent to the same extent as before the effective date, unless the determinations are withdrawn or invalidated by the Secretary or a U.S. court. (Thus, no new patent applications qualify, preserving claimholders' rights to occupy and extract minerals from unpatented claims on public lands indefinitely.)

This section establishes a licensing and noncompetitive leasing system for commercial prospecting and extraction of hardrock minerals (i.e., locatable minerals such as gold, silver, copper, and others historically governed by the General Mining Law of 1872) on federal lands, prohibiting such activities without a prospecting license or small miner's lease. Specifically, it (1) authorizes the Secretary of the Interior to issue prospecting licenses, with surface agency concurrence, for up to 2,560 acres in compact form for specified hardrock minerals for up to 2 years (extendable by up to 4 years upon diligent exploration or force majeure), subject to an application fee, $10 per acre annual rental, and conformance with federal land use plans; (2) entitles qualifying prospecting licensees to noncompetitive leases upon discovery of a valuable deposit, covering license lands plus necessary nonmineral lands for processing, for 20 years (renewable in successive 10-year terms during commercial production, with one additional 10-year nonproduction extension possible), at a minimum 12.5% royalty on gross production value (reducible by the Secretary to no less than 6.25% to enable production or encourage critical mineral development, as defined in 30 U.S.C. 1606) and $10 per acre annual rental credited against royalties, without requiring an operations permit; (3) limits any person to 20,480 acres total of leases or licenses in one state; and (4) authorizes lease or license terms to protect lands and resources in consultation with surface management agencies.

This section requires federal lands known to contain valuable mineral deposits—and not covered by existing claims, licenses, or leases—to be open to hardrock mineral exploration and development only through competitive leasing by the Secretary, who may adopt regulations for leasing methods and designate areas including nonmineral lands necessary for processing or milling. Competitive leases are limited to 2,560 acres total and are subject to the same terms and requirements as noncompetitive leases under section 103(c).

This section establishes a small miner’s lease program authorizing the Secretary to issue leases to qualified small miners for the exclusive right to prospect for hardrock minerals for three years on up to 200 acres of contiguous or noncontiguous federal land, subject to regulations ensuring diligent development and protection of surface resources and groundwater. It requires a reasonable application fee; sets annual rentals at $5 per acre for the initial three-year term and $10 per acre upon renewal for successive three-year periods; and imposes no royalties on commercial production. Leases are renewable indefinitely if the lessee qualifies as a small miner and complies with all terms, including diligence requirements subject to challenge by any individual (with renewal prohibited until resolved); may be held only by the primary lessee, spouse, or direct descendant; and are non-transferable except to a spouse or direct descendant, while remaining subject to all permitting requirements. Existing mining claims held by qualified small miners may be converted to such leases under the same terms, except with no rental during the primary term, $5 per acre annually for the first renewal, and $10 per acre annually thereafter. If a lessee no longer qualifies as a small miner at renewal, the lease converts to a noncompetitive hardrock mineral lease under section 103(c), with royalties due only on annual gross income exceeding $50,000 (or a Secretary-specified amount).

This section requires the Secretary, when issuing licenses and leases under the Act for land containing coal or other nonhardrock minerals, to reserve such minerals to the United States for disposal under applicable laws. The section further directs the Secretary to (1) issue regulations allowing other uses of land covered by a prospecting license, including leases for other minerals, if such uses would not unreasonably interfere with prospecting operations; (2) include in each prospecting license terms and conditions necessary to avoid unreasonable interference with other uses or leases of the land; and (3) include in leases stipulations allowing simultaneous operations under other leases for the same land.

This section establishes royalties on production of hardrock minerals, concentrates, or derived products from Federal land under an operations permit, at not less than 8% of gross value for pre-enactment commercial production (excluding small miner's leases) and not less than 12.5% for production on additional land added post-enactment via plan modification. Claim holders, lessees, assigned operators, and controllers are jointly and severally liable for royalties (subsection (b)). Of collected revenues (rents, royalties, fees, interest, fines, penalties), 25% is paid to the host state and the remainder funds the Abandoned Hardrock Mine Reclamation Program, which restores mine lands and waters affected by past hardrock mining, with funds available until expended (subsection (c)). The section further requires the Secretary to regulate royalty payment timing and assignment notifications; mandates a written affirmation of payment responsibility with the first payment (including subsequent billings); imposes site security standards and production start/resume notifications within five business days; and requires transporters to carry documentation on mineral amounts, origins, and destinations (subsection (d)). Additionally, this section directs claim holders, lessees, operators, and others involved in hardrock activities to maintain records and reports (e.g., on quantity, quality, and assays) for seven years post-financial assurance release, make them available for Secretary audits, and cooperate with investigations—with non-cooperation risking claim or lease forfeiture (subsection (e)).

This section grants claim holders of mining claims located or converted under this Act—for which mineral activities have commenced under an approved plan of operations as of the effective date of this Act—the exclusive right of possession and use of the land for mineral activities, including ingress and egress, subject to U.S. rights under this Act and other applicable federal law. These rights terminate upon completion of mineral activities on the land to the satisfaction of the Secretary.

This section establishes an annual claim maintenance fee of $200 per unpatented mining claim, millsite, or tunnel site on federal land—payable to the Secretary of the Interior by September 1 each year (except for oil shale claims under 30 U.S.C. 242(e)(2) and small miners' leases)—in lieu of the $100 annual assessment work requirement (i.e., labor valued at $100 per claim) and related filings under the Mining Law of 1872 (30 U.S.C. 28 et seq.). Fees not used for administration fund the Abandoned Hardrock Mine Reclamation Program (i.e., cleanup of hazardous legacy hardrock mines); failure to pay forfeits the claim by operation of law; co-ownership provisions of the Mining Law of 1872 remain in effect, with the fee substituting for assessment expenditures; and other annual filings required under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744) are unchanged. The section also amends section 2324 of the Mining Law of 1872 (30 U.S.C. 28) to reference this Act.

This section provides that timely payment of the claim maintenance fee required by section 109 (or any related law) asserts the claimant's authority to use and occupy the relevant federal land for prospecting and exploration, consistent with this Act and other applicable law (except as provided in section 101).

This section prohibits any agency from authorizing mineral activities that impair units of the National Park System or national monuments, including diminishment of land, wildlife, scenic assets, water resources, air quality, acoustic qualities, or the citizen experience therein. The section further directs the Secretary, as appropriate, to use all available authority to prevent mineral activities with adverse impacts on resources or values of National Conservation System units (i.e., Bureau of Land Management's National Conservation Lands). Finally, the section bars any agency from authorizing mineral activities, notwithstanding other law and subject to valid existing rights, within (1) sacred sites; (2) wilderness study areas; (3) critical habitat under the Endangered Species Act of 1973; (4) areas of critical environmental concern under the Federal Land Policy and Management Act of 1976; (5) National Conservation System units; (6) areas designated for, proposed for potential addition to (pursuant to section 5(a) of the Wild and Scenic Rivers Act), or determined eligible for (pursuant to section 5(d) of that Act) the National Wild and Scenic Rivers System; and (7) Inventoried Roadless Areas, Colorado Roadless Areas, or Idaho Roadless Areas.

This section directs the Secretary concerned to determine whether federal lands are suitable for mineral activities, deeming such land suitable only if the activities would not cause unnecessary or undue degradation to special characteristics—on the land or adjacent lands—that cannot be prevented by permit conditions under title III. Special characteristics include (1) significant water resources, including aquifers or recharge areas; (2) publicly owned places listed on or eligible for the National Register of Historic Places; (3) National Conservation System units; (4) Endangered Species Act critical habitat (16 U.S.C. 1531 et seq.); (5) Clean Air Act class I areas (42 U.S.C. 7472) (i.e., international parks; national parks exceeding 6,000 acres; and national wilderness areas and national memorial parks exceeding 5,000 acres, in existence as of August 7, 1977); (6) other resource values specified by regulation and verified by field testing or credible information; (7) Research Natural Areas; (8) sacred sites; and (9) lands adjacent to areas closed to mining under section 111. Determinations require at least 60 days of public comment, must be incorporated into applicable federal land use plans upon adoption, revision, or significant amendment, and allow any person to request changes via regulation; existing mineral operations as of the Act's effective date are unaffected.

This section requires federal agencies to conduct meaningful and timely consultation with Indian Tribes—following procedures in the President’s Memorandum of Uniform Standards for Tribal Consultation, issued November 30, 2022—before undertaking mineral activities that may have a direct, indirect, or cumulative impact on (1) land, including allotted, ceded, or traditional land, or interests therein, of an Indian Tribe or tribal member; (2) tribal cultural practices, resources, or access to traditional areas of cultural or religious importance; (3) any federal land bordering Indian country (i.e., land within reservations, dependent Indian communities, or allotments with unextinguished Indian title, per 18 U.S.C. §1151); (4) protected tribal rights, whether treaty-based or otherwise (e.g., water, hunting, gathering, fishing); (5) a tribe’s ability to govern or provide services to members; (6) the federal-tribal government relationship; or (7) the federal trust responsibility to tribes.

This section establishes, notwithstanding specified provisions of the Federal Land Policy and Management Act of 1976 (FLPMA), the Act of June 4, 1897 (16 U.S.C. 478, which authorizes ingress or egress by settlers and public entry onto national forests for purposes including prospecting and mineral development), and the National Forest Management Act of 1976, a general standard requiring the Secretary to ensure that mineral activities (i.e., hardrock mining) on federal lands subject to mining claims, millsites, tunnel sites, or authorizations under title I of this Act are carefully controlled to prevent unnecessary or undue degradation of federal lands and resources. (Thus, this standard governs such activities in accordance with this title and applicable law unless this Act states otherwise.)

This section requires a permit for mineral activities on federal land that may disturb surface resources (i.e., land, air, groundwater, surface water, fish, and wildlife), except for casual use. It directs the Secretary and the Secretary of Agriculture to conduct permit processes in accordance with the timing and other requirements of section 102 of the National Environmental Policy Act (42 U.S.C. 4332) (i.e., preparation by agencies of detailed environmental impact statements assessing impacts, alternatives, and irreversible commitments for major federal actions significantly affecting the human environment), coordinating to the extent practicable.

This section establishes an exploration permit authorizing a holder to remove a reasonable amount of hardrock minerals from a mining claim, license, or lease for analysis, study, and testing—but not for sale or activities beyond exploration and reclamation. Permit applications to the Secretary of the Interior or Agriculture must include (1) an exploration plan, (2) a reclamation plan demonstrating feasibility, conformance to land use plans, exclusion from certain areas (per section 111), compliance with the Act and other laws, satisfaction of financial assurance requirements (per section 306), and permit eligibility (per section 305), and (3) documentation ensuring compliance with applicable Federal and State environmental laws. Permits are issued for a term necessary to complete proposed exploration, not exceeding 10 years; modifications require the same determinations as initial permits (with possible exceptions for minor changes via joint regulation); and transfers, assignments, or sales require prior written approval upon demonstration of successor eligibility (per section 304), financial assurance, and other requirements, plus a fee covering the Secretary's review costs.

This section establishes an operations permit requirement administered by the Secretary concerned (i.e., Secretary of the Interior or Agriculture) for persons in compliance with the Act to conduct mineral activities on valid mining claims, millsites, tunnel sites, or leases, and any additional necessary federal lands subject to a right-of-way permit under the Federal Land Policy and Management Act (FLPMA). Permit applications must include site characterization data, operations and reclamation plans, monitoring and maintenance plans, and documentation of compliance with applicable federal and state environmental laws. The Secretary must issue a permit after public participation if the application meets specified criteria—(1) completeness and sufficiency of plans to evaluate impacts and mitigation; (2) feasibility of reclamation without unnecessary or undue degradation; (3) full reclamation of land, fish, wildlife, and habitat; (4) eligibility of the area; (5) prevention of material hydrologic damage outside the permit area; (6) compliance with financial assurance requirements prior to operations; (7) applicant eligibility; and (8) no need for water treatment for carcinogens or toxins 10 years after operations end—and must consult the EPA on any CERCLA remedial actions in the reclamation plan to avoid increasing CERCLA or RCRA costs or likelihood. Permits have an initial term not exceeding the shorter of the operations period or remaining lease term, are renewable in 10-year increments if compliant and lease renewed, and expire after a 5-year temporary cessation unless a resumption request is filed; failure to commence operations within 2 years of the scheduled date requires permit modification. Operators may apply to modify permits, and the Secretary may require modifications at any time based on written findings, subject to public notice and hearing.

This section prohibits issuance, transfer, assignment, or sale of permits under this title to applicants (or their agents, operators, claim/lease holders, or affiliates) currently in violation of this Act; applicable state or federal toxic substance, solid waste, air, water quality, or fish and wildlife conservation laws; or the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) at relevant mining sites, unless the violation is corrected, being corrected to the relevant authorities' satisfaction, or under direct administrative or judicial appeal (with appeals of affiliate relationships insufficient). It requires the Secretary concerned to suspend any such permit issued despite a violation and authorizes conditional issuance or reinstatement of permits based on proof of correction or appeal, with mandatory suspension or revocation if the violation is not abated or is upheld. This section further bars permits for any applicant (or affiliate, operator, or claim/lease holder) with a demonstrated pattern of willful violations of this Act's environmental protection requirements.

This section establishes financial assurance requirements for holders of exploration or operations permits for mineral activities on federal lands. Operators must file evidence of assurance (surety bond, letter of credit, certificate of deposit, or cash) with the relevant Secretary after permit issuance and before activities begin, covering all land and affected waters in the permit area (including expansions); the amount must cover maximum estimated reclamation costs (per best available science), including treatment facilities and agency administrative costs, to achieve standards if forfeited to the government. The assurance is held for the duration of mineral activities plus a period for reclamation, long-term maintenance, and effluent treatment; it is subject to adjustment for permit changes or cost variations, with reviews every 3 years and during permit reviews. Release—in whole or part—is allowed after EPA consultation, public notice and comment, and inspection, if reclamation is complete per the Act and other federal/state requirements are met, per a two-phase schedule: (1) partial release after backfilling, regrading, drainage control, and revegetation commencement (retaining sufficient amount for remaining needs and revegetation success); and (2) full release after all activities, reclamation, and Act requirements are completed. For effluent treatment to meet limitations and standards, assurance must cover projected post-closure costs, with release of that portion only after 5 years of no discharge (via monitoring) or 5 years of compliance without treatment. If an environmental hazard is later identified post-release, the Secretary may order the claim holder, operator, or controller to correct it per permit conditions and applicable law.

This section requires operators to reclaim land disturbed by mineral activities under permits issued under this title to a condition capable of supporting pre-disturbance uses or other beneficial uses conforming to applicable land use plans, with reclamation to proceed as contemporaneously as practicable with operations (and immediately upon certain cessations). It directs the Secretaries of the Interior and Agriculture to jointly issue regulations establishing operation and reclamation standards—including topsoil protection, slope stability, erosion control, leachate minimization, visual impact reduction, native vegetation establishment, waste facility engineering, structure removal, habitat restoration or mitigation, cultural and paleontological resource preservation, and fire prevention—using outcome-based performance standards or technology-based design standards as appropriate. It requires the Secretary concerned to coordinate with state and local governments on surface or groundwater withdrawals to prevent undue degradation and specifies that reclamation continues for forfeited, relinquished, lapsed, expired, revoked, or suspended claims subject to Secretary review and approval.

This section provides that state reclamation, land use, environmental, public health protection, bonding, and inspection standards or requirements meeting or exceeding those of the Act are not inconsistent with the Act. It further specifies that the Act does not affect applicable state, local, or tribal toxic substance, solid waste, air or water quality standards or requirements, or any person's rights to enforce or protect water resource interests, related to mineral activities on lands subject to the Act. The section authorizes a state to enter a cooperative agreement with the Secretary concerned (i.e., Secretary of the Interior or Agriculture) to apply such state standards to mineral activities or reclamation on covered lands, including a required common regulatory framework—consistent with the Act—for proposed activities affecting both covered and non-covered lands. Federal authority to independently inspect mines and operations and bring enforcement actions is preserved, and agreements require Federal Register notice and public comment opportunity. Finally, this section allows any prior cooperative agreement on mineral activities on covered lands to continue for one year after the Act's effective date, after which the Secretary concerned and the state must review and amend it for consistency with the Act.

This section makes available to the Abandoned Hardrock Mine Reclamation Program—until expended without fiscal year limitation—(1) all moneys collected under sections 502 and 506, (2) all fees received under section 304(a)(1)(B), (3) all gifts contributed under subsection (b)(1), (4) all amounts deposited under title I, and (5) all displaced material reclamation fees paid under section 402. The section further authorizes the Secretary to accept monetary gifts for the program (to remain available until expended) and to reject any such gift if in the interest of the federal government. (As background, the Abandoned Hardrock Mine Reclamation Program supports cleanup of environmental, health, and safety hazards from abandoned hardrock mines, which were previously ineligible for funding under the Surface Mining Control and Reclamation Act's Abandoned Mine Land program.)

This section establishes a displaced material reclamation fee of 7 cents per ton on operators conducting mineral activities (except holders of small miner’s leases), payable to the Secretary by March 1 of the succeeding calendar year beginning after the effective date of the Act. Operators must submit a sworn, notarized statement of displaced material produced in the preceding year; provides for criminal penalties of up to a $10,000 fine (deposited in the Abandoned Hardrock Mine Reclamation Program) for knowing false statements or omissions; authorizes civil recovery of unpaid fees with statutory interest; and specifies that the fee does not affect similar state fees.

This section amends Section 101 of the Mining and Minerals Policy Act of 1970 to (1) insert a requirement that mineral extraction and processing not cause unnecessary or undue degradation of the natural and cultural resources of public lands, and (2) make it the responsibility of the Secretary of Agriculture to carry out paragraphs (1) and (2) of that section; and amends Section 5(e)(3) of the National Materials and Minerals Policy, Research and Development Act of 1980 to require the Secretary of Agriculture, for National Forest System lands, to promptly initiate actions to improve the availability and analysis of mineral data in federal land-use decisionmaking.

This section authorizes the Secretary and the Secretary of Agriculture to establish and collect user fees from persons subject to the Act's requirements to reimburse administrative expenses, with aggregate fees in any fiscal year not to exceed such expenses. The section further requires the Secretary to adjust those user fees, as well as all claim maintenance fees, rental rates, penalty amounts, and other dollar amounts in the Act, for inflation based on the Consumer Price Index every three years after the Act's effective date (or more frequently if reasonable), with notice to claim holders, license holders, and lease holders by July 1 of the adjustment year and applicability beginning the following calendar year.

This section requires the Secretary concerned to conduct inspections of mineral activities under permits issued under title III to ensure compliance with the Act, at a minimum frequency of one complete inspection per calendar quarter (or two per quarter if approved under section 304(f)), two complete inspections annually after revegetation, with possible modifications for seasonal activities and continuation until final release of financial assurance. It further authorizes any person who believes they are or may be adversely affected by a permit violation to request an inspection, which the Secretary concerned must review within 30 business days (or immediately for alleged imminent threats to the environment or public health or safety); requires notification to the requester, allows accompaniment during the inspection (without liability to the Secretary), protects anonymity if requested (unless accompanying), establishes joint regulatory procedures for reviewing inspection denials or remedial action refusals, and mandates a written statement on the request's disposition. This section requires operators to develop and maintain a Secretary-approved monitoring and evaluation system to identify permit compliance (with additional monitoring as needed); submit reports to the Secretary concerned at a determined frequency (immediately upon detecting violations); subjects reports to Secretary evaluation, enforcement under section 506, and public availability by both the Secretary and operator; and deems failure to report a violation subject to enforcement under section 506.

This section establishes a citizen suit provision authorizing any person to commence a civil action in U.S. district court against persons alleged to be in violation of the Act or any lease, license, or permit issued under it, or against the Secretary concerned for failure to perform nondiscretionary duties or issue required regulations. It grants district courts jurisdiction without regard to amount in controversy or citizenship (including to compel unreasonably delayed agency action, subject to circuit limitations); requires 60 days' prior written notice to the alleged violator and Secretary (except for imminent threats to environment, health, safety, or historic properties); bars suits against non-Secretary violators if the Secretary is diligently prosecuting or against the Secretary for judicially reviewable regulations or permits; sets venue under 28 U.S.C. 1391; authorizes courts to award litigation costs (including attorney and expert fees) and require bonds for injunctions; and preserves other rights under the Administrative Procedure Act or other law.

This section establishes administrative review procedures by the Secretary concerned for notices of violation, cessation orders, and penalties under sections 506 and 507, requiring applications within 30 days (or 45 days for penalties), public hearings upon request, written decisions within 30 days for cessation orders, and temporary relief only if it will not adversely affect public health, safety, or the environment. It stays final decisions pending review (except enforcement actions under section 507) but provides that review applications do not stay such orders. (Thus, affected parties, including third parties, may seek review of secretary decisions without halting enforcement.) This section provides for judicial review of final agency actions, including regulations implementing the Act (in a U.S. Court of Appeals for the circuit of an affected state or the D.C. Circuit) and other actions pursuant to 28 U.S.C. 1391 (i.e., general federal venue rules), with petitions due within 60 days under an arbitrary, capricious, or otherwise unlawful standard solely on the administrative record. It authorizes courts to affirm, vacate, or remand decisions, with no automatic stay unless ordered, and preserves rights under section 504. This section authorizes assessment of costs and expenses, including attorney fees, against either party in administrative or judicial proceedings for a prevailing party that substantially contributed to a full and fair determination.

This section requires operators of hardrock mines on Federal or Indian land to submit annual reports to the relevant Secretary (i.e., Secretary of the Interior) detailing the total amount (in metric tons) and value of minerals produced, disaggregated by mineral type and by percentage extracted from Federal or Indian land (including for mines partially on such lands). It imposes a civil penalty of up to $25,000 per day for noncompliance, assessed by the relevant Secretary. The section further requires the Secretary of the Interior to submit annual reports to Congress compiling such operator data for each mine, along with the operator's name, state, overseeing Bureau of Land Management field office, and indicators of whether the mine is on Federal or Indian land. Finally, it directs the Secretary to issue implementing regulations within one year of enactment.

This section establishes enforcement procedures for violations of the Act's environmental protection requirements and related regulations. It requires the Secretary concerned to (1) issue a notice of violation with abatement required within 30 days (extendable for good cause), followed by a cessation order for mineral activities if unabated; (2) immediately order cessation for conditions causing imminent danger to public health or safety or significant, imminent environmental harm; (3) maintain cessation orders until abatement (with required financial assurances and steps for abatement), subject to modification, vacation, termination, or hearing; (4) pursue alternative enforcement, including injunctions, after 30 days or sooner if needed; (5) forfeit financial assurances for unabated violations or permit defaults (with surety reclamation options), barring forfeiture during review; and (6) impose joint and several liability for remaining reclamation post-forfeiture. The section further authorizes the Attorney General to seek judicial relief, including injunctions and civil penalties, for noncompliance; permits delegation to Office of Surface Mining Reclamation and Enforcement personnel; and directs assessment of civil penalties for permit or regulation violations (text incomplete in provided draft).

This section directs the Secretary and the Secretary of Agriculture to issue regulations as necessary to implement this Act. It further requires those Secretaries to jointly issue, not later than one year after the effective date of this Act, regulations implementing titles II and III and title V that affect the Forest Service.

This section revises the maintenance requirements for valid oil shale mining claims by striking "as prescribed by the Secretary" and requiring such maintenance instead in the same manner as required by title II of the Mining Waste, Fraud, and Abuse Prevention Act of 2025.

This section establishes a savings clause clarifying the Act's effect on other federal laws. Specifically, the Act (1) does not repeal or modify preexisting federal laws, regulations, or plans that restrict mining to protect natural, cultural, or environmental resources at levels greater than required under the Act (with such laws remaining applicable to claims converted to leases); (2) supersedes the general mining laws but does not affect other federal laws except as expressly provided, including approximately 20 enumerated environmental statutes administered by the Environmental Protection Agency (e.g., Clean Water Act, Clean Air Act, Endangered Species Act); (3) does not modify specified federal Indian laws, including the American Indian Religious Freedom Act (AIRFA, 42 U.S.C. 1996), Native American Graves Protection and Repatriation Act, National Historic Preservation Act, Religious Freedom Restoration Act, and Archaeological Resources Protection Act; and (4) does not waive the sovereign immunity of any Indian tribe.

This section requires the Secretary and the Secretary of Agriculture to make copies of records, reports, inspection materials, or information obtained under this Act immediately available to the public—consistent with the Freedom of Information Act (FOIA, 5 U.S.C. §552)—in central and sufficient locations in the county, multicounty, and state areas of mineral activities or reclamation and on the internet for convenient access by affected residents.

This section authorizes the Secretary concerned to conduct investigations, inspections, hearings, and audits necessary to carry out duties under the Act. The section further grants ancillary powers—including requiring affidavits and answers under oath, administering oaths, issuing subpoenas, taking depositions, and paying witness fees equivalent to those in U.S. courts—and directs U.S. district courts, upon request, to enforce subpoenas with contempt penalties of up to $10,000 per day. Additionally, the section provides rights of entry without notice to mining claims, licenses, leases, and related premises; access to records and equipment; authority to perform necessary work; and authority to stop and inspect vehicles on or off site, with or without law enforcement, upon probable cause that they carry undocumented hardrock minerals, concentrates, or products from federal lands.

This section revises the Surface Resources Act of 1955 to expand its coverage to common varieties of mineral materials, including sand, gravel, stone, pumice, pumicite, cinders, and clay; and to provide that, after enactment, all such deposits—including those previously excepted for distinct and special value (e.g., block pumice)—are subject to disposal only under the Materials Act of 1947 (30 U.S.C. 601 et seq.), notwithstanding prior exceptions, subject to valid existing rights. (As background, the Surface Resources Act of 1955 generally bars location of mining claims under the general mining laws for common variety mineral materials lacking distinct and special value; the Materials Act of 1947 authorizes the Secretary of the Interior to sell or otherwise dispose of such materials from public lands. Thus, the revision channels future disposal away from mining claims toward administrative sales or contracts.) Valid existing rights are defined as pre-enactment mining claims for such materials that had distinct and special value (or met the block pumice definition), were properly located and maintained under the general mining laws, and were supported by a discovery of a valuable mineral deposit. The section makes conforming clarifications to the Surface Resources Act and Materials Act of 1947; assigns short titles to both acts; and repeals the Building Stone Act (30 U.S.C. 161)—which authorized placer mining claims on lands chiefly valuable for building stone—and the Saline Placer Act (30 U.S.C. 162), which authorized placer claims on saline deposits (e.g., salt), subject to valid existing rights.