S. 859 — Mining Waste, Fraud, and Abuse Prevention Act of 2025

This section prohibits issuance of patents by the United States for any mining claim, millsite, or tunnel site located under the general mining laws unless the Secretary determines that (1) a patent application was filed by September 30, 1994, and (2) all applicable requirements were fully complied with by that date. If the Secretary makes those determinations, the claim holder remains entitled to a patent as under prior law (notwithstanding repeal of 30 U.S.C. 29), subject to withdrawal of the determinations by the Secretary or a court. (As background, patents under the general mining laws convey full title to federal lands with valuable mineral deposits after compliance with claim location, assessment work, and publication requirements.)

This section replaces the annual assessment work requirement of $100 worth of labor or improvements for unpatented mining claims located after May 10, 1872 (and $10 per 100 feet along the vein for prior claims), with a $200 annual maintenance fee per claim, millsite, or tunnel site payable to the Secretary by August 31 beginning in 2027 (initial payment due upon recording the location notice with the Bureau of Land Management), in lieu of assessment work under the general mining laws and related filings under FLPMA §314(a) and (c) (43 U.S.C. 1744). The section also (1) imposes a one-time $50 location fee for each new claim, millsite, or tunnel site recorded after enactment (in addition to the initial maintenance fee); (2) waives the maintenance fee for holders (and related parties) of 10 or fewer claims or sites who certify performance of the prior year's assessment work; (3) prohibits relocation of relinquished or voided claims or sites by the holder or related parties for 10 years; (4) requires Consumer Price Index adjustments to both fees every five years (or more frequently if reasonable), effective the following calendar year; (5) maintains co-ownership provisions of current law (30 U.S.C. 28), substituting prorated fees for expenditures; and (6) directs all fee revenues to administer the Mining Law of 1872 (30 U.S.C. 21 et seq.) without further appropriation. (Thus, timely fee payment satisfies use and occupancy rights under the pedis possessio doctrine.)

This section establishes limitations on mining claims, millsites, and tunnel sites by (1) providing for automatic forfeiture—rendering the claim or site null and void by operation of law—for failure to perform assessment work, pay a maintenance fee under section 102(a), pay a location fee under section 102(b), or file a timely notice of location, without relieving the claim holder of obligations such as reclamation; (2) authorizing relinquishment upon notice to the Secretary while retaining claim holder responsibility for obligations such as reclamation; and (3) requiring exclusive use for mineral activities authorized under the Act, with the Secretary declaring the claim or site null and void for noncompliance.

This section establishes a royalty of not less than 5 percent and not more than 8 percent of gross income from production of locatable minerals (i.e., hardrock minerals such as gold, silver, and copper mined under the general mining laws) from federal mining claims maintained in compliance with this Act, with rates for each mineral set by the Secretary of the Interior by regulation. The royalty does not apply to production from federal land subject to an approved plan of operations or operations permit on the date of enactment that produces locatable minerals in commercial quantities, but applies to production from all other federal land. Royalties received by the United States are deposited in the Fund.

This section authorizes the Secretary to reduce royalties for mining operations under a permit or plan of operations with commercial production, upon clear and convincing evidence that production would not occur without the reduction, to promote maximum resource recovery and conservation. Any reduction is not effective until 60 days after public notice and notification to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources, including reasons for the reduction.

This section establishes enforcement mechanisms for royalties, fees, interest, fines, penalties, deposits, and other payments owed on locatable minerals (i.e., hardrock minerals) produced from mining claims, millsites, or tunnel sites on federal lands. Specifically, it (1) directs the Secretary of the Interior to create a comprehensive inspection, collection, fiscal, and production accounting and auditing system and to inspect at least once annually each producing or significantly expected-to-produce claim or one with a noncompliance history; (2) requires claim holders, operators, and transporters to pay royalties as prescribed, maintain site security meeting minimum standards, and notify the Secretary by the fifth business day of production commencement or resumption after more than 90 days of cessation or suspension; (3) mandates recordkeeping for 7 years (or longer during audits or investigations) fully through the point of sale, royalty computation, or processing, with access provided to designated departmental officers; (4) authorizes departmental audits of all involved parties; and (5) permits cooperative agreements with the Secretary of Agriculture for shared information, inspections, audits, and enforcement (excluding collections), including access to royalty data and limited sharing of confidential information (i.e., trade secrets and proprietary data) exempt under the Freedom of Information Act (5 U.S.C. §552) as needed for compliance.

This section directs the Secretary to complete a review and submit a report to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources not later than 5 years after enactment of this Act and every 5 years thereafter. The report must address (1) annual revenues received by category (i.e., claim maintenance fees, location fees, land use fees, royalties and related payments, and abandoned mine land fees); (2) disposition of fees and royalties, including amounts used for mining law program administration and abandoned mine land reclamation (by state and Indian tribe); (3) effectiveness of the program in addressing abandoned mine land problems on federal and non-federal lands; (4) impacts on domestic locatable mineral exploration and production; and (5) recommendations for changes to federal law or regulations on fee and royalty collection, auditing, compliance, and enforcement.

This section requires a permit for mineral activities on federal land that may disturb surface resources (i.e., land, air, water, fish and wildlife), except for casual uses and as provided in section 501(a)(2). It preserves existing requirements for mining claim, millsite, or tunnel site validity; and directs the Secretary concerned to coordinate permit processes with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332)—which generally requires environmental impact statements for major federal actions significantly affecting the human environment—to the maximum extent practicable.

This section requires an exploration permit prior to conducting exploration activities on federal land that involve more than casual use (except as provided in section 501(a)(2)) and limits such permits to exploration for locatable minerals and associated reclamation (prohibiting mineral removal for sale or other activities). To be eligible, an applicant must submit an exploration plan (ensuring compliance with the act and regulations, avoidance of acid mine drainage to the maximum extent practicable, and use of best management practices), a description of potential groundwater and surface water impacts (including hydrological assessments), a reclamation plan, evidence of financial assurance, documentation of compliance with applicable federal and state environmental laws, a monitoring plan, and other information required by the Secretary concerned. The Secretary concerned must approve a complete application (with possible conditions), deny an incomplete one, and provide public notice and comment (and may hold a public hearing) prior to a decision; permit holders may apply for modifications (subject to the same approval standards, except for minor changes), and the Secretary may require modifications based on a written finding (subject to notice and hearing).

This section requires a mining permit prior to conducting mineral activities on Federal land, other than casual use or exploration. To obtain a permit, applicants must submit specified information, including (1) pre-mining land and water conditions; (2) an operations plan ensuring compliance with the act, avoidance of acid mine drainage to the maximum extent practicable, and use of best management practices; (3) potential groundwater and surface water impacts with hydrological assessments; (4) a reclamation plan; (5) financial assurance; (6) documentation of compliance with applicable environmental laws; (7) a monitoring plan; and (8) other necessary information. The Secretary concerned must approve a complete application, potentially with conditions, or deny it if noncompliant, following public notice, comment opportunity, and optional hearing. Permits are issued for a 30-year term and continue thereafter if locatable minerals are produced in commercial quantities in compliance with the act and other laws; they do not expire due to approved temporary cessations or suspensions. Permit holders may request modifications, subject to the same review as original applications except for minor changes; the Secretary may require modifications based on a written finding, with notice and hearing. Operators of post-enactment permits or modifications must pay an annual land use fee equal to four times the claim maintenance fee under section 102(a)(1) per 20 acres of Federal land in the permit area (in addition to claim maintenance fees), adjusted to match changes in those fees, with funds deposited in the Fund; payment authorizes approved uses and occupancy of the land. Operators may not temporarily cease activities for more than 180 days without Secretary approval.

This section establishes financial assurance requirements (e.g., bonds or sureties) that operators must provide to the Secretary concerned prior to beginning mineral activities requiring an exploration or mining permit, in an amount sufficient—after public notice and comment—to cover reclamation under §306 and restoration of affected land and water if performed by the Secretary or a third party. The assurance covers all land and water within the initial permit area and any modifications (§304(b)); must be reviewed and potentially adjusted every three years (§304(c)); may be reduced for completed reclamation after public notice and comment (§304(d)); and may be provided incrementally with annual reviews (§304(e)). The assurance remains in effect for the duration of mineral activities plus any necessary post-closure reclamation, maintenance, and effluent treatment (§304(f)) and may be released in whole or part after public notice, comment, and inspection confirming compliance with this Act and other laws (§304(g)). For water treatment costs, release requires public notice and either cessation of discharge for at least five years or compliance with effluent limitations and water quality standards for at least five years (§304(h)); if long-term treatment is needed post-closure, the assurance must cover it, and the Secretary may require a trust fund or mechanism for construction, operation, maintenance, and replacement of facilities without transferring liability (§304(i)). Not later than three years after enactment, the Secretary—in consultation with the Secretary of Agriculture and EPA Administrator—must review the sufficiency of these financial assurances and report to the Senate Committee on Energy and Natural Resources and House Committee on Natural Resources (§304(j)).

This section requires the Secretary concerned to approve the transfer, assignment, or sale of rights under an exploration or mining permit only if the successor in interest agrees in writing to assume all liability and reclamation responsibilities established by the permit—including financial assurance requirements under section 304 and applicable regulations—without relieving the transferor of liability under any other law or permit.

This section requires operators of mineral activities under permits issued pursuant to the Act to restore affected land and water to a condition capable of supporting pre-disturbance uses or other beneficial uses (e.g., renewable energy generation) conforming to applicable land use plans, with reclamation to occur as contemporaneously as practicable with the activities (or immediately upon non-temporary cessation). It further directs the Secretary concerned to control such activities on mining claims, millsite claims, or tunnel site claims to prevent undue degradation of public lands and resources—and to deny permission for activities likely to cause undue degradation—notwithstanding the Federal Land Policy and Management Act of 1976, the Organic Act of 1897 (16 U.S.C. 473 et seq.), and the National Forest Management Act of 1976; requires the Secretaries of the Interior and Agriculture to jointly promulgate implementing regulations; and specifies that the section's requirements supplement other applicable laws.

This section amends section 202(e) of the Federal Land Policy and Management Act of 1976 (FLPMA) by (1) striking from paragraph (3) the phrase allowing lands to be removed from or restored to operation of the Mining Law of 1872 (30 U.S.C. 21 et seq.); and (2) adding paragraphs (4) through (6) as follows: (4) requires the Secretaries of the Interior and Agriculture (each a "Secretary concerned"), through local federal land managers, to complete by three years after enactment a review of (i) wilderness study areas and National Forest System lands suitable for wilderness; (ii) areas of critical environmental concern; (iii) federal lands where mineral activities pose a reasonable likelihood of substantial adverse impacts on National Conservation System units (i.e., National Park System units, National Wildlife Refuge System units, National Wild and Scenic Rivers System units, national monuments, or national conservation areas); (iv) lands designated for, proposed for potential addition to (under 16 U.S.C. 1276(a)), or eligible for the National Wild and Scenic Rivers System; and (v) certain roadless areas; (5) authorizes withdrawals, subject to valid existing rights, of reviewed federal lands from operation of the Mining Law of 1872 if a Secretary determines such action appropriate under FLPMA subsection (c) criteria—requiring immediate segregation upon determination, land use plan revisions or amendments, and completion of such revisions within one year; and (6) allows state governors, Indian tribe heads, or local government officials to petition for reviews under paragraph (4) or withdrawals under paragraph (5). (Thus, the amendments establish a mandatory review and discretionary withdrawal process to limit new mining claims on sensitive public lands, including those with wild and scenic river values.)

This section provides that any state law (including regulations) on reclamation, environmental protection, public health, bonding, or inspection that meets or exceeds this Act's requirements is not inconsistent with this Act.

This section requires the Secretary concerned to conduct inspections of mineral activities to ensure compliance with this Act, including (1) at least one complete inspection per calendar quarter for activities under an approved permit; (2) at least two complete inspections per year after revegetation is established per the reclamation plan; (3) at least two complete inspections per calendar year for seasonal activities (with discretion to modify frequency); with inspections continuing until final release of financial assurance. The section further requires all operators to develop and maintain a monitoring and evaluation system to identify compliance with permit requirements and to submit reports as required by the Secretary concerned.

This section requires the Secretary concerned to conduct active, meaningful, and timely consultation with applicable Indian Tribes, in accordance with the Presidential Memorandum entitled “Uniform Standards for Tribal Consultation” (87 Fed. Reg. 74479, Dec. 5, 2022), before undertaking mineral activities that may have direct, indirect, or cumulative impacts on (1) tribal lands or interests (including allotted, ceded, or traditional lands); (2) tribal cultural practices, resources, or access to traditional areas; (3) federal lands bordering Indian country; (4) protected tribal rights (e.g., water, hunting, gathering, fishing); (5) tribal governance or services to members; (6) federal-tribal relations; or (7) the federal trust responsibility to tribes.

This section establishes in the Treasury of the United States the Hardrock Minerals Reclamation Fund to carry out the abandoned hardrock mine reclamation program (30 U.S.C. 1245). (As background, the program requires the Secretary of the Interior to inventory, assess, decommission, reclaim, remediate, and respond to hazardous substance releases on abandoned hardrock mine lands—including on federal, state, tribal, and private lands and contiguous waters—prioritizing public health, safety, and environmental harm; it authorizes $3 billion for grants to states and Indian tribes (50%) and federal land activities (50%), to remain available until expended.) The fund consists of (1) amounts appropriated under subsection (e), (2) amounts received under sections 101, 102 (subject to conditions), 201, 303(e), 402, 203, and 502, (3) donations, and (4) investment income; excess amounts are invested by the Secretary of the Treasury in public debt securities; the fund is administered by the Secretary of the Interior through the Bureau of Land Management director; and amounts are available without fiscal year limitation or further appropriation. Subsection (e) authorizes appropriations to the fund of such sums as are necessary for FY2026 and each fiscal year thereafter.

This section imposes on operators of hardrock minerals mining operations a reclamation fee of 1 to 3 percent (as set by the Secretary by regulation) of the value of production for each calendar year, for deposit in the Abandoned Mine Reclamation Fund. (As background, the fund supports reclamation of hazardous conditions at mines abandoned before enactment of the Surface Mining Control and Reclamation Act of 1977.) The fee is payable no later than 60 days after the end of the calendar year, beginning with the first full year after enactment of this Act, and does not affect any similar state fees.

This section establishes transition rules for applying the Act to mining claims, millsites, and tunnel sites under the general mining laws (i.e., 30 U.S.C. 22 et seq., which authorize location of claims for locatable minerals such as metals on public lands). In general, the Act's requirements apply to all such claims or sites located before, on, or after enactment (except as provided in sections 201(b) and 303(f)). For preexisting operations with an approved plan of operations or filed notice before enactment, (1) operations continue under the existing plan or notice during the 10-year period beginning on enactment (with minor modifications allowed under pre-enactment laws, as determined by the Secretary concerned), and (2) full compliance with the Act is required by the end of that 10-year period. All fees required under the Act apply beginning on enactment to such claims or sites (including prior production), land covered by plans, notices, exploration permits, or mining permits, and hardrock mineral production from enactment onward (except as provided in sections 201(b) and 303(f)). This section also applies the Act (including title III surface management and operations requirements) to claims, millsites, and tunnel sites used for beneficiation or processing of minerals on federal land, regardless of whether the United States holds legal and beneficial title to the minerals, provided the minerals are locatable or would be locatable if the United States held title.

This section establishes enforcement mechanisms for violations of surface management or operation requirements, permit conditions, or regulations under title III. It requires the relevant Secretary to issue notices of violation with up to 90 days (extendable for good cause) to abate; immediate cessation orders for imminent danger to public health/safety or significant, imminent environmental harm, which remain in effect until abated and require financial assurances, abatement steps, and enforcement actions (e.g., injunctions) if unabated after 30 days; authority to modify notices/orders; and forfeiture of financial assurances for unabated violations or permit defaults, with joint and several liability on claim holders/operators and alternatives allowing sureties to perform reclamation. The section authorizes civil penalties of up to $5,000 per violation (each continuing day treated separately), which are mandatory for cessation order violations and determined based on violation history, seriousness (including irreparable harm or public hazards), negligence, and good faith compliance efforts; corporate directors/officers/agents face the same penalties for willful violations. It provides for administrative review of notices, orders, or penalties within 30 days, including a hearing on the record under 5 U.S.C. §554 (i.e., formal adjudication procedures) upon request.

This section establishes judicial review procedures for actions under the Act. It limits review of final rulemaking actions by the Secretary—including regulations and other actions considered rulemaking—to the U.S. Court of Appeals for the District of Columbia, with petitions due within 60 days (unless based solely on grounds arising after that period); all other final agency actions are reviewable in U.S. district courts under general federal venue rules (28 U.S.C. § 1391).

This section revises Section 3 of the Act of July 23, 1955 (30 U.S.C. 611), commonly known as the Common Varieties Act, which excludes common varieties of sand, stone, gravel, pumice, pumicite, cinders, and petrified wood from being deemed valuable mineral deposits under the general mining laws (thus preventing mining claims on such deposits absent distinct and special value or block pumice). Specifically, the section (1) restructures the provision into subsections, (2) expands the list of common varieties of mineral materials to include clay, (3) defines valid existing rights for pre-enactment mining claims on mineral materials with distinct and special value or qualifying as block pumice that were properly located, supported by a discovery, and remain valid, and (4) requires, subject to valid existing rights and effective on enactment, that all such deposits (including block pumice) be disposed of only under the Materials Act of 1947 (30 U.S.C. 601 et seq.). (Thus, new mining claims on these deposits are no longer permitted under the general mining laws.) This section also makes a conforming amendment to the first section of the Materials Act of 1947 (30 U.S.C. 601) by striking "common varieties of."

This section directs the Secretary of the Interior, in consultation with the Secretary of Agriculture, to enter into an arrangement with the National Academy of Sciences not later than 90 days after enactment for a study of uranium development on federal land (i.e., land administered by either Secretary). The study must describe applicable laws and agencies (including the Mining Law of 1872, 30 U.S.C. 21 et seq., and Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq.), Department of Energy uranium leasing, Nuclear Regulatory Commission in-situ recovery licensing, and the efficacy of financial sureties for reclamation and of federal law for public health, safety, and environmental protection; analyze the effectiveness of current requirements in enabling uranium production while protecting health, safety, and the environment; and recommend changes to law, regulations, or procedures—including whether to shift future development from the Mining Law of 1872 to leasing, impose additional reclamation requirements or fees, or withdraw additional land from mining claims. The National Academy of Sciences must submit the study to the Secretaries and make it public not later than 18 months after enactment, after which the Secretary of the Interior must submit a report to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources not later than 180 days later describing the study's findings and recommendations, the Secretaries' agreement or disagreement, and a plan and timeframe to implement non-legislative recommendations (or justification for declining to do so).

This section preserves preexisting federal laws (including regulations, orders, and land use plans), special management criteria, and resource protections that prohibit, restrict, or equal or exceed protections for general mining laws operations; exempts federal and state mineral investigations under other authorities; and leaves unaffected assessments under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act. The section further supersedes the general mining laws, except for unmodified provisions on mining claim location, and does not affect any other federal law.