Summary
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.
Legislative Journey
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 357.
SenateReceived in the Senate.
SenateMotion to reconsider laid on the table Agreed to without objection.
HouseOn passage Passed by the Yeas and Nays: 219 - 198 (Roll no. 358). (text of amendment in the nature of a substitute: CR H6044)
HousePassed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 198 (Roll no. 358).
On motion to recommit Failed by the Yeas and Nays: 205 - 213 (Roll no. 357).
HouseConsidered as unfinished business. (consideration: CR H6069-6070)
HousePOSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1366, the Chair put the question on motion to recommit and by voice vote announced the noes had prevailed. Ms. Leger Fernandez demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
HouseThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
HouseMs. Leger Fernandez moved to recommit to the Committee on Natural Resources. (text: CR H6049)
HouseThe previous question was ordered pursuant to the rule.
HouseDEBATE - The House proceeded with one hour of debate on H.R. 1366.
HouseRule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
HouseConsidered under the provisions of rule H. Res. 951. (consideration: CR H6044-6049)
HouseRules Committee Resolution H. Res. 951 Reported to House. Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
HousePlaced on the Union Calendar, Calendar No. 336.
HouseReported (Amended) by the Committee on Natural Resources. H. Rept. 119-386.
HouseReported (Amended) by the Committee on Natural Resources. H. Rept. 119-386.
Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 17.
HouseCommittee Consideration and Mark-up Session Held
HouseSubcommittee on Energy and Mineral Resources Discharged
HouseSubcommittee Hearings Held
HouseReferred to the Subcommittee on Energy and Mineral Resources.
HouseReferred to the House Committee on Natural Resources.
HouseIntroduced in House
Introduced in House