House passes bill letting mining companies claim more public land for waste, 219–198
The House of Representatives passed the Mining Regulatory Clarity Act on December 18, 2025, by a vote of 219 to 198. The bill, sponsored by Representative Mark Amodei of Nevada, deals with how hardrock mining companies can use federal public lands.
The bill allows mining operators to use federal lands for activities ancillary to mining, such as waste disposal, regardless of whether those lands contain mineral deposits valuable enough to be mined. Specifically, it lets an operator locate and include within its plan of operations as many mill site claims (e.g., areas for waste rock disposal) as are reasonably necessary for its operations, and use or occupy public land in accordance with an approved plan of operations. Under the bill, a location of a single mill site shall not exceed 5 acres. The legislation also establishes the Abandoned Hardrock Mine Fund, and requires any revenue generated from fees for such mill site claims to be deposited into the fund, which the Department of the Interior must use for certain abandoned hardrock mine reclamation activities.
The bill responds to a court decision. It addresses a 2022 decision in the U.S. Court of Appeals for the Ninth Circuit related to the Rosemont Copper Mine in Arizona, commonly known as the Rosemont decision. In that case, the court held that mining claims are only allowed where mineral validity has been established and that mill site claims are more appropriate means for establishing a mining waste disposal site under the Mining Act.
Supporters framed the bill as necessary for domestic mineral supplies and regulatory certainty. Representative Bruce Westerman of Arkansas said he rose in support of H.R. 1366, to restore clarity and stability to mining operations and support reclamation of abandoned hardrock mine land. He argued that the Rosemont decision limited the Forest Service's ability to approve support activities necessary for conducting mining operations on federal land, and upended over 40 years of regulatory and legal precedent. Westerman also stated that the only way to fix the 2022 court decision is to codify the fix in law, and that the legislation does not create new domestic mining policy but simply builds regulatory certainty and reinstates the longstanding interpretation of the mining law.
Opponents characterized the bill as a giveaway to the mining industry. Representative Jared Huffman of California said he strongly opposed the bill, calling it a gift for foreign mining companies. He argued that the day after the Rosemont court decision, the company paid for private lands for its waste disposal, and that the mine wasn't stopped. Huffman also stated that he had found no evidence that any mines are currently being held up because of the Rosemont decision, calling the bill a solution in search of a problem. Representative Teresa Leger Fernández of New Mexico, who offered a motion to send the bill back to committee that the House rejected, said H.R. 1366 is yet another giveaway to big mining companies by making it easier for them to dump their waste on more of our public lands.
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