Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I remind everyone that we are at the end of this year. We are running out of time to fix the healthcare crisis that Republicans…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I remind everyone that we are at the end of this year. We are running out of time to fix the healthcare crisis that Republicans have created. Christmas break is right around the corner, and hardworking Americans are struggling. They are being crushed under the weight of rising costs.
What do our Republican friends have us voting on?
The next bill that we have up today, H.R. 1366, the so-called Mining Regulatory Clarity Act, is just a gift for folks who really ought to be on the naughty list this time of year: foreign mining companies.
I strongly oppose this bill.
According to its sponsors, it is a legislative fix to the Rosemont court decision, a court case that determined that a mining company was not allowed to dump its toxic mine waste on public lands based on an invalid mining claim.
You see, Mr. Speaker, for years, mining companies were allowed to dump their waste wherever they wanted without paying fair market value for that land, without public land managers having any real option to say no regardless of which precious public lands might be destroyed forever.
However, in the Rosemont decision, the court held that under current law, a mining claim is only valid when it actually contains valuable minerals. That makes sense. That is common sense, if we want some common sense.
However, the mining industry didn't like that. They were not happy that they could no longer dump their toxic waste on phony, invalid claims anymore.
So here we are today passing a so-called fix for the industry.
Now, let's remember that enormous benefit is stacked on another one: Mining companies don't pay back the American people a cent in royalties for the minerals that belong to the people of the United States. The antiquated Mining Act of 1872 essentially gives away America's valuable mineral resources for free, often to foreign-owned mining companies, even companies controlled by our adversaries.
Even so, the industry calls the Rosemont decision an existential threat. Give me a break.
You know what happened to the Rosemont mine after that court decision came down? The next day, the company paid for private lands for its waste disposal. The mine wasn't stopped. It is just the industry would prefer to use the public lands, your lands, and to be able to dump for free.
Industry argues that this bill would provide certainty and clarity for mining and exploration. In practice, this fix would just allow mining companies to use a different type of claim called a mill site for unlimited mine-waste dumping. They could use it for pipelines and processing whatever else they would like, again at cut-rate prices.
For the record, I have found no evidence that any mines are currently being held up because of the Rosemont decision anywhere in America. This is a solution in search of a problem.
Time and time again, Democrats have raised legitimate concerns with this legislation, and we have offered good-faith amendments to address those concerns.
I offered an amendment to strike the broad definition of operations in the bill, which effectively means that mining operations don't need a mining claim at all.
Representative Lee from Nevada offered an amendment to clarify that mining companies should only use the public lands that are actually necessary for their operations, and to make clear that nothing in the bill limits the rights to regulate mining and related activities on Federal lands.
Representative Leger Fernandez offered an amendment to exempt companies that are owned and controlled by our adversaries from these incredible benefits under this bill.
All of these amendments were very straightforward. None of the issues raised should be a surprise to the majority. They have had time to work with us, but they chose not to. They rejected all of these amendments. I guess they would rather let foreign mining companies controlled by our adversaries pillage our public lands for cheap or even for free. Noted.
Again, I strongly oppose this legislation and reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank my friend from Minnesota for listing all of those States and places because it is important for the American people to know that if this becomes law, a free toxic dump site on your public lands is on its way in all of those places. That is what this is about.
One of the cynical euphemisms we keep hearing is ``regulatory certainty,'' so let's talk about what that really means.
Mining permitting has continued after the Rosemont decision. The Rosemont mine itself proceeded. It wasn't impacted. There is no legislative fix needed to this fake problem. This bill would codify only the most industry-friendly interpretations of the mining law and introduce additional uncertainty around the government's ability to enact basic commonsense regulations on mining on public lands.
To expand on that, the bill's current definition says that mining operations include: ``All functions, work, facilities, and activities in connection with the prospecting, development, extraction, and processing of mineral deposits and all uses reasonably incident thereto, including the construction and maintenance of means of access, whether the operations take place on or off the claim.''
This is sweeping. Effectively, this means that mining operations don't need a mining claim at all to conduct operations on your public lands. While this definition is currently in regulation, the Interior Department, and the leading public land law treatise have found that offsite mining activities do not currently get the same rights and priority use as mining claims. That is what is at stake in this legislation.
Permanently codifying this into law would further put mining over other uses of our public lands, doing an end run around the multiple- use balancing requirements that are foundational to public land management.
While our land managers have limited discretion right now to deny a mine on public lands, they do at least have some authority over their roads, pipelines, and toxic waste dumping. That would all be taken away by this legislation.
This is not regulatory clarity. It is regulatory charity to an industry that has already gotten 150 years of giveaways.
Mr. Chair, I urge my colleagues to vote ``no,'' and I reserve the balance of my time.
Mr. Chair, I include in the Record a letter of opposition from 189 organizations, Tribes, companies, and local elected officials.
December 17, 2025.
Dear Member of Congress: The 189 undersigned organizations,
Tribes, companies and elected officials are writing on behalf
of our millions of members and supporters to express our
strong opposition to H.R. 1366, The Mining Regulatory Clarity
Act (MRCA). The legislation includes sweeping provisions that
would weaken the already outdated 1872 Mining Law and give
even more control over our public lands to the mining
industry. We ask you to oppose The Mining Regulatory Clarity
Act.
Most mining in the United States is governed under a 150-
year-old, extremely permissive law enacted when Ulysses S.
Grant was president. The law disempowers frontline
communities, has no environmental guardrails, and doesn't
require mining companies to pay a royalty on the billions of
dollars of publicly owned minerals they extract. This law
governs mining on public lands that are currently being
dismantled by the administration and their Congressional
allies with active threats to sell off millions of acres of
our lands, roll back protections such as National Monuments
and mineral withdrawals in secret, and firing thousands of
workers whose jobs are essential for the future existence of
our public lands. Additionally, recent executive orders were
signed invoking emergency powers to increase domestic mining
and processing of minerals, including those by foreign owned
mining companies. They cover not just critical minerals, but
others like gold. The executive order explicitly calls for
agencies to prioritize mining above all other uses of public
lands, and aims to provide funding and loans for mining
projects, as well as accelerate permitting processes under
the guise of the Defense Production Act. If you combine the
antiquated mining law, the recent EO's, and the
administration's efforts to dismantle our public lands, along
with the now unpredictable compliance with the National
Environmental Policy Act (NEPA) (due to President Trump's
executive actions) communities are now more at risk from
mining harms than they were even 10 years ago.
History already paints a clear picture of the risks posed
by irresponsible, deregulated mining for critical resources
across the country. The EPA estimates that 40% of headwaters
and 50% of lakes have been contaminated by hardrock mines,
decimating
watersheds and the communities that depend on them for
freshwater, including drinking water. Recent research reveals
that the vast majority of critical mineral resources in the
United States are located within 35 miles of Native American
reservations. As demand for hardrock minerals grows
domestically and globally, it is critical that we ensure
mining laws and standards protect communities and the
environment while strengthening and securing our supply
chains. Unfortunately, the MRCA would take us backward, not
forward, and create more conflict over mines, not less.
First, the MRCA would allow mining companies to claim
indefinite numbers of millsites on public land, without
meaningful limitations, where multinational mining companies
can permanently dump toxic waste and construct infrastructure
like pipelines and roads. These millsites could block public
lands from being used for more suitable purposes, such as
renewable energy projects, watershed protection, cultural
resource access, and recreation. This provision would remove
any effective limits on millsites and eliminate the
requirement that such claims be located only on non-mineral
land, a key feature that prevents lands with valuable
minerals from being buried under waste or made inaccessible.
Second, several additional provisions contained within MRCA
would weaken, if not negate, over a century of precedent that
has limited the amount of damage to public land caused by our
permissive mining law. According to current law, operators
must first prove that there are in fact valuable minerals on
a mining claim before they gain the right to conduct large-
scale operations on those claims. Additionally, operators
cannot conduct operations outside of their claims without
obtaining further permits. MRCA could render these
requirements meaningless by codifying a regulation that
defines all activities related to mining under the term
``operations,'' even if they are not directly on a mining
claim. This could allow mining companies to build pipelines,
roads, and powerlines and conduct other activities across
public lands without ever having to get a permit for them.
The MRCA does not contain any meaningful limits to prevent
abuses of the millsite provision. It states that mining
companies may use public lands in accordance with an approved
plan of operations. But that is of little assistance given
the bill grants mining companies an unlimited, statutory
right to use those lands--a right that cannot be denied in a
mining plan of operations. The offered protections are thus
no protections against the giveaway of public lands.
Finally, MRCA includes a savings clause that states mining
companies still have to prove that there are valuable mineral
deposits on claims within lands that have been withdrawn from
mining. However, the exclusion of similar language for claims
on unwithdrawn lands could be read by a court to imply that
Congress intended to eliminate the requirement for such
checks on unwithdrawn lands, which make up the vast majority
of public lands. Altogether, these sections essentially give
mining companies a nearly unlimited right to dump waste
across an indefinite number of acres of public lands under
the proposed millsites provision.
This bill's provisions will have a devastating impact on
frontline communities, cultural resources, and sensitive
ecosystems. Instead of passing this legislation, Congress
should enact true reforms to our mining laws such as those
identified by the 2023 Interagency Working Group on Mining
Laws, Regulations, and Permitting, especially those that
would close loopholes for foreign companies, improve
environmental standards, and create competitive leasing to
balance the nation's clean energy mineral needs with other
public land uses. We urge you to oppose the passage of S. 544
& H.R. 1366, whether as a standalone bill or as a part of a
larger legislative package.
Sincerely,
1000 Grandmothers for Future Generations, 350 Bay Area
Action, 350 Hawaii, A2 (Anthropocene Alliance), Access to
Thrive, Alaska Clean Water Advocacy, Alaska Community Action
on Toxics, Alaska Longline Fishermen's Association, Alaska
Wilderness League, Alliance for the Wild Rockies, Amigos
Bravos New Mexico, Appalachian Citizens' Law Center, Arizona
Faith Network, Arizona Mining Reform Coalition, Arizona Trail
Association, Arizonans for Community Choice, Basin and Range
Watch, Becky Daggett, Mayor of Flagstaff, AZ (as an
individual, Biofuelwatch, Bitterrooters for Planning.
Black Hills Clean Water Alliance, Black Hills Preservation
Project, Bold Visions Conservation, Borderlands Restoration
Network, Cabinet Resource Group, California Environmental
Voters, Californians for Western Wilderness, CalWild, Cascade
Forest Conservancy, Cascadia Wildlands, CDT Preservation
Alliance, Center for Biological Diversity, Chilkat Indian
Village, Circle Z ranch, Citizens for a Safe & Clean Lake
Superior, Citizens to Protect Smith Valley (NV), Climate and
Community Institute, Climate Justice Alliance, Coalition for
Sonoran Desert Protection, Colorado Citizens Against
ToxicWaste Inc, Concerned Citizens Retired Miners Coalition.
Conservation Northwest, Conservatives for Responsible
Stewardship, Continental Divide Trail Coalition, Corona de
Tucson Preservation Alliance, Day One, Deer Tail Scientific,
Defenders of Wildlife, Earthjustice Action, Earthworks,
EcoFlight, Emily Mine Information Group, Environmental
Protection Information Center--EPIC, Esker Cycles, Friends of
Santa Cruz River, Friends of Sonoita Creek, Friends of the
Amargosa Basin, Friends of the Bitterroot, Friends of the
Clearwater, Friends of the Inyo, Friends of the Kalmiopsis.
Friends of Santa Cruz River, Friends of the Sonoran Desert,
Gallatin Wildlife Association, Gila Resources Information
Project, Global Witness, Grand Canyon Trust, Grand Staircase
Escalante Partners, Great Basin Resource Watch, Great Basin
Water Network, Great Old Broads for Wilderness, GreenLatinos,
High Country Conservation Advocates, Idaho Conservation
League, Idaho Rivers United, Imperial Valley Equity and
Justice, Inclusive Development International, Indigenous
Environmental Network, Information Network for Responsible
Mining, Investor Advocates for Social Justice.
Izaak Walton League Rapid City SD Chapter, Jeff and Karen
Ives, Kalmiopsis Audubon Society, Kalmiopsis Guides
Association, Kettle Range Conservation Group, Klamath Forest
Alliance, Klamath-Siskiyou Wildlands Center, League of
Conservation Voters, Living Desert Alliance, Living Rivers &
Colorado Riverkeeper, LNE Engineering and Policy, Local
Environmental Action Demanded (LEAD) Agency, Inc., Los Padres
ForestWatch, Lower San Pedro Watershed Alliance, Lynn Canal
Conservation, Madrean Archipelago Wildlife Center, Malach
Consulting, Maricopa Audubon Society, Mennonite Central
Committee U.S., Mining Impact Coalition of Wisconsin.
MiningWatch Canada, Montana Chapter Sierra Club, Montana
Environmental Information Center, Mount Shasta Bioregional
Ecology Center, Multicultural Alliance for a Safe
Environment, Native American Land Conservancy, Native Village
of Fort Yukon, Natural Resources Defense Council, Nature For
All, NETWORK Lobby for Catholic Social Justice, Nevada
Conservation League, New Mexico & El Paso Interfaith Power
and Light, New Mexico Environmental Law Center, Next 100
Coalition, Nicole Palese PLLC, Noowuh Knowledge Center, North
Carolina League of Conservation Voters, Northeastern
Minnesotans for Wilderness, Northern Alaska Environmental
Center, Norton Bay Watershed Council.
Oregon Natural Desert Association, Oregon Wild, Our Roots
Multi-Cultural Center, Partnership for Policy Integrity,
Patagonia Area Resource Alliance, Patagonia, Inc., Pipe Line
Awareness Network for the Northeast, Prairie Hills Audubon
Society (of Western SD), Progressive Leadership Alliance of
Nevada, Protect Thacker Pass, Protect the Kobuk, Public
Citizen, Rachel Carson Council, Responsible Jewelry
Transformative, River Alliance of Wisconsin, Rivers Without
Borders, Rock Creek Aliance, Rural Arizona Engagement, San
Juan Citizens Alliance, San Luis Valley Ecosystem Council.
San Pedro 100, San Xavier District of the Tohono O'odham
Nation, Save Lake Superior Association, Save Our Cabinets,
Save Our Sky Blue Waters, Save Our St. Vrain Valley, Inc.,
Save the Scenic Santa Ritas, Save the South Fork Salmon,
Sheep Mountain Alliance, Sierra Club, Sierra Protection
Action Network, Sisters of Mercy of the Americas Justice
Team, Sky Island Alliance, Smith River Alliance, Soda
Mountain Wilderness Council, Southeast Alaska Conservation
Council, Southeast Alaska Indigenous Transboundary
Commission, Southern Utah Wilderness Alliance, Southwest
Research and Information Center (SRIC), SPAN.
Sustainable Ocean Alliance, Sustainable Tucson, The
Becoming Project INC, The Calabasas Alliance, The Healthy
Environment Alliance of Utah, The Native Village of Dot Lake,
The Ocean Project, The Wilderness Society, Tri-Valley CAREs,
Tucson Bird Alliance (formerly Tucson Audubon), Turtle Island
Restoration Network, Universidad Popular, Upper Peninsula
Environmental Coalition, Uranium Watch, Washington Wild,
Water Legacy, Weber Sustainability Consulting, West Berkeley
Alliance for Clean Air and Safe Jobs, Western Shoshone
Defense Project, Western Shoshone Nation.
Western Watersheds Project, Wild Arizona, Wild Connections,
Wild Hope, Wild Horse Education, WildEarth Guardians,
Wildlands Defense, Wildlife for All, Yellow Dog Watershed
Preserve.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, the signers of this letter express their strong opposition to this bill. Specifically, they argue that it would weaken the already outdated 1872 mining law and give the mining industry even more control over our public lands.
They note that mining in the United States is already governed under a law that is 150 years old, enacted under President Ulysses S. Grant.
These organizations, Tribes, and leaders remind us that the 1872 law has no environmental guardrails, that the mining industry is already the only industry that doesn't have to pay any royalty when it extracts our minerals on public lands, and that 40 percent of headwaters and 50 percent of lakes have been polluted by mining activity.
They also raise specific concerns within the Mining Regulatory Clarity Act.
First, the bill would allow multinational companies to claim an indefinite number of mill sites to permanently dump toxic waste on our public lands for free.
Second, it could block renewable energy development, recreation, and other uses of our public lands by allowing mining companies to build roads, pipelines, and other infrastructure by right and without any permits, as long as they are connected to a plan of operation.
Finally, the bill could be read to eliminate the requirement that mining companies prove that there are even some valuable minerals to validate their claims on the vast majority of our public lands.
The letter urges us to enact real reforms to the 1872 mining law that would improve environmental safeguards for communities and ecosystems impacted by mining, give Federal land managers a say in deciding where mining is and is not appropriate, and close loopholes that allow foreign companies to exploit our public lands.
Mr. Speaker, I yield 3 minutes to the gentlewoman from New Mexico (Ms. Leger Fernandez), who has shown great leadership on this seemingly commonsense need to put some guardrails in place to make sure that foreign-owned mining companies, including those owned and controlled by our adversaries, don't have the benefit of all these lavish giveaways.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, this bill is another unnecessary giveaway to the mining industry. It lets literally anyone, including foreign mining companies controlled by our adversaries, claim as much of our Nation's public land as they want for next to nothing, extract our publicly owned minerals without paying a cent in royalties back to the American people, and then permanently bury our public lands in toxic mining waste.
Our mining laws need reform. They don't need this.
With bipartisan interest in securing our critical mineral supply chain, we actually have an opportunity to create modern mineral policies that would empower American innovators to recover the minerals we need while honoring indigenous sovereignty, protecting the environment, and making sure American workers and communities share in the benefits, as well as the American taxpayers. Instead, the majority is doubling down on the extraction above all land grab from the gold rush back when we codified this 1872 mining law.
They refuse to engage with Democrats to include even commonsense safeguards against letting foreign adversaries take our public minerals for free. They refuse to limit the industry's waste dump mill sites to only the public lands necessary for their operations. Ominously, they refuse to clarify that this bill does not affect the Federal Government's ability to regulate mining on public lands, which the unnecessary Savings Clause in this bill calls into question.
It bears repeating that the mining industry already has a sweetheart deal on our public lands. We are the only industrialized Nation that lets anyone claim whatever they want on public lands and extract public minerals for free.
This bill is no minor technical fix to overturn a court decision. It is a massive giveaway of public lands to an industry afraid that one of those many giveaways that they have had for all of this time was about to be challenged.
Mr. Speaker, I urge opposition to the bill, and I yield back the balance of my time.