Mining Regulatory Clarity Act

Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 357.

Mar 17, 2026

The Mining Regulatory Clarity Act permits mining operators to use federal lands for mining-related activities such as waste disposal on lands that do not themselves contain mineable mineral deposits. The bill establishes the Abandoned Hardrock Mine Fund and modifies mining claim procedures to allow operators to include multiple mill site claims (areas for waste disposal) within their operational plans as needed. Revenue from fees associated with these mill site claims must be deposited into the Abandoned Hardrock Mine Fund, which the Department of the Interior must use for abandoned hardrock mine reclamation activities. The bill addresses a 2022 Ninth Circuit court decision regarding the Rosemont Copper Mine in Arizona that had restricted mining claims to areas with established mineral validity.

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Mining Regulatory Clarity Act This 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 (mineral validity). It also establishes the Abandoned Hardrock Mine Fund. The bill 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 , described further in CRS Report R48166 ). 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. The bill allows a mining operator to (1) 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 (2) use or occupy public land in accordance with an approved plan of operations. Additionally, the bill requires any revenue generated from fees for such mill site claims to be deposited into the Abandoned Hardrock Mine Fund. The Department of the Interior must use the fund for certain abandoned hardrock mine reclamation activities.