S. 544Senate119th Congress (2025-2027)In Committee

Mining Regulatory Clarity Act

Introduced February 12, 2025

AI-Generated Summary

Updated February 13, 2026 at 4:51 AM UTC

The Mining Regulatory Clarity Act updates mining law to let claim owners set up several small mill sites on public land needed for processing waste from hard‑rock mines. It defines what a mill site is, limits each to five acres, and ensures these sites don’t affect existing mining claims or convey mineral rights. The bill also establishes an Abandoned Hardrock Mine Fund, funded by claim‑maintenance fees, to finance cleanup of old mines under the Infrastructure Investment and Jobs Act. Minor wording fixes are included to align other statutes with the new provisions.

Key Provisions

  • Allows owners of lode or placer mining claims to locate multiple "mill sites"—public‑land parcels up to 5 acres each needed for waste‑rock or tailings disposal—as part of an approved plan of operations, without granting mineral rights or affecting existing claims.
  • Creates a separate Treasury account called the Abandoned Hardrock Mine Fund; money comes from claim‑maintenance fees collected on these mill sites and can be spent (without new appropriations) to carry out the abandoned‑mine cleanup provisions of the Infrastructure Investment and Jobs Act.
  • Makes technical wording changes in related statutes to replace outdated references (e.g., swapping mentions of the Mining Law of 1872 for the current Revised Statutes sections) and clarifies fee language.
  • Specifies that mill sites may be located on the same public‑land tracts where a claimant already holds a lode or placer claim, and that mill sites cannot be patented.

Legislative Activity

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5 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 334.

February 11, 2026

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SenateIntro Referral

Introduced in Senate

February 12, 2025

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

February 12, 2025

SenateCommittee

Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 119-46.

March 12, 2025

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.

April 9, 2025

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Lee without amendment. With written report No. 119-105.

February 11, 2026

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 334.

February 11, 2026

Floor Debate

4 members

What members said about S. 544 on the floor

2 Republicans2 Democrats
Jared Huffman
Rep. Jared HuffmanD-CA-2 · Dec 18, 2025

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…

Bruce Westerman
Rep. Bruce WestermanR-AR-4 · Dec 18, 2025

Mr. Speaker, pursuant to House Resolution 951, I call up the bill (H.R. 1366) to provide for the location of multiple hardrock mining mill sites, to establish the Abandoned Hardrock Mine Fund, and…

Pete Stauber
Rep. Pete StauberR-MN-8 · Dec 18, 2025

Mr. Speaker, I rise in strong support of H.R. 1366, the bipartisan, bicameral Mining Regulatory Clarity Act, offered by the gentleman from Nevada (Mr. Amodei), my good friend. The bill before us is…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Dec 18, 2025

Mr. Speaker, mining corporations, including foreign-owned, pay nothing in royalties when they take our publicly owned minerals on our Federal lands. The American people get nada, zero, for our…

Bill Text

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Reading Mode
Latest
Reported to SenateIssued February 11, 2026

II

Calendar No. 334

119th CONGRESS

2d Session

S. 544

[Report No. 119–105]

IN THE SENATE OF THE UNITED STATES

February 12, 2025

Ms. Cortez Masto (for herself, Mr. Risch, Ms. Rosen, Mr. Crapo, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

February 11, 2026

Reported by Mr. Lee, without amendment

A BILL

To provide for the location of multiple hardrock mining mill sites, to establish the Abandoned Hardrock Mine Fund, and for other purposes.

1.

Short title

This Act may be cited as the Mining Regulatory Clarity Act.

2.

Hardrock mining mill sites

(a)

Multiple mill sites

Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following:

(c)

Additional mill sites

(1)

Definitions

In this subsection:

(A)

Mill site

The term mill site means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on, or production from land included in a plan of operations.

(B)

Operations; Operator

The terms operations and operator have the meanings given those terms in section 3809.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection).

(C)

Plan of operations

The term plan of operations means a plan of operations that an operator must submit and the Secretary of the Interior or the Secretary of Agriculture, as applicable, must approve before an operator may begin operations, in accordance with, as applicable—

(i)

subpart 3809 of title 43, Code of Federal Regulations (or successor regulations establishing application and approval requirements); and

(ii)

part 228 of title 36, Code of Federal Regulations (or successor regulations establishing application and approval requirements).

(D)

Public land

The term public land means land owned by the United States that is open to location under sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.), including—

(i)

land that is mineral-in-character (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection));

(ii)

nonmineral land (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); and

(iii)

land where the mineral character has not been determined.

(2)

In general

Notwithstanding subsections (a) and (b), where public land is needed by the proprietor of a lode or placer claim for operations in connection with any lode or placer claim within the proposed plan of operations, the proprietor may—

(A)

locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations; and

(B)

use or occupy public land in accordance with an approved plan of operations.

(3)

Mill sites convey no mineral rights

A mill site under this subsection does not convey mineral rights to the locator.

(4)

Size of mill sites

A location of a single mill site under this subsection shall not exceed 5 acres.

(5)

Mill site and lode or placer claims on same tracts of public land

A mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim.

(6)

Effect on mining claims

The location of a mill site under this subsection shall not affect the validity of any lode or placer claim, or any rights associated with such a claim.

(7)

Patenting

A mill site under this section shall not be eligible for patenting.

(8)

Savings provisions

Nothing in this subsection—

(A)

diminishes any right (including a right of entry, use, or occupancy) of a claimant;

(B)

creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on land that is not open to location under the general mining laws;

(C)

modifies any provision of law or any prior administrative action withdrawing land from location or entry;

(D)

limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining, including under—

(i)

the general mining laws;

(ii)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(iii)

the Wilderness Act (16 U.S.C. 1131 et seq.);

(iv)

sections 100731 through 100737 of title 54, United States Code;

(v)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(vi)

division A of subtitle III of title 54, United States Code (commonly referred to as the ‘National Historic Preservation Act’); or

(vii)

section 4 of the Act of July 23, 1955 (commonly known as the Surface Resources Act of 1955) (69 Stat. 368, chapter 375; 30 U.S.C. 612);

(E)

restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that—

(i)

existed prior to the date on which the land was closed to, or withdrawn from, location under the general mining laws; and

(ii)

that has been extinguished by such closure or withdrawal; or

(F)

modifies section 404 of division E of the Consolidated Appropriations Act, 2024 (Public Law 118–42).

.

(b)

Abandoned hardrock mine fund

(1)

Establishment

There is established in the Treasury of the United States a separate account, to be known as the Abandoned Hardrock Mine Fund (referred to in this subsection as the Fund).

(2)

Source of deposits

Any amounts collected by the Secretary of the Interior pursuant to the claim maintenance fee under section 10101(a)(1) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under subsection (c) of section 2337 of the Revised Statutes (30 U.S.C. 42) shall be deposited into the Fund.

(3)

Use

The Secretary of the Interior may make expenditures from amounts available in the Fund, without further appropriations, only to carry out section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245).

(4)

Allocation of funds

Amounts made available under paragraph (3)—

(A)

shall be allocated in accordance with section 40704(e)(1) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245(e)(1)); and

(B)

may be transferred in accordance with section 40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).

(c)

Clerical amendments

Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended—

(1)

by striking the Mining Law of 1872 (30 U.S.C. 28–28e) each place it appears and inserting sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.);

(2)

in subsection (a)—

(A)

in paragraph (1)—

(i)

in the second sentence, by striking Such claim maintenance fee and inserting the following:

(B)

Fee

The claim maintenance fee under subparagraph (A)

; and

(ii)

in the first sentence, by striking The holder of and inserting the following:

(A)

In general

The holder of

; and

(B)

in paragraph (2)—

(i)

in the second sentence, by striking Such claim maintenance fee and inserting the following:

(B)

Fee

The claim maintenance fee under subparagraph (A)

; and

(ii)

in the first sentence, by striking The holder of and inserting the following:

(A)

In general

The holder of

; and

(3)

in subsection (b)—

(A)

in the second sentence, by striking The location fee and inserting the following:

(2)

Fee

The location fee

; and

(B)

in the first sentence, by striking The claim main tenance fee and inserting the following:

(1)

In general

The claim maintenance fee

.

February 11, 2026

Reported without amendment