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Adds a clear rule for what counts as a hardrock mining “mill site,” lets mining claim holders include necessary mill sites in approved plans of operations subject to limits (for example, up to 5 acres per site), and expressly states that designated mill sites do not create mineral rights or patenting privileges. Establishes a new Abandoned Hardrock Mine Fund to receive specified claim fees and directs that money to abandoned‑mine work, with limits on how the fund may be allocated and spent.
Defines “mill site” as public land reasonably necessary for waste rock or tailings disposal or other operations incident to mineral development or production included in a plan of operations.
Defines “operations” and “operator” by reference to meanings in 43 C.F.R. § 3809.5 as in effect on the enactment date.
Defines “plan of operations” as the plan that an operator must submit and get approved under subpart 3809 (43 C.F.R.) or part 228 (36 C.F.R.).
Defines “public land” as U.S. owned land open to location under 30 U.S.C. 22 et seq., including mineral-in-character land, nonmineral land, and land where mineral character is undetermined.
Where public land is needed for operations connected to a lode or placer claim within a proposed plan of operations, the proprietor may locate and include as many mill site claims as are reasonably necessary in the plan.
Who is affected and how:
Mining claim holders and operators: They gain a clearer, statutory process to site necessary processing areas (mill sites) within an approved plan of operations, but must follow new size and use limits and cannot claim additional mineral or patent rights from mill‑site designation. This may reduce uncertainty when designing operations but could add compliance steps.
Federal land managers and permitting agencies (e.g., BLM, USFS): Agencies must update permitting procedures, track acreage limits, and administer receipts into the new Abandoned Hardrock Mine Fund. They will also need to issue guidance or regulations to implement definitional and procedural details.
Communities near abandoned hardrock mines: The Fund creates a dedicated revenue stream intended for cleanup and remediation of abandoned hardrock mines, which could accelerate remediation, reduce public safety and environmental risks, and support local restoration projects.
Environmental and remediation contractors: A dedicated Fund should create more predictable funding for cleanup contracts and projects, potentially increasing demand for remediation services.
State and Tribal governments: May benefit from additional cleanup resources where abandoned mines affect state or Tribal lands and water, but they may also need to coordinate with federal agencies on eligibility and project selection.
Potential tradeoffs and considerations:
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Introduced on February 14, 2025 by Mark E. Amodei
Received in the Senate.