S.859 - Mining Waste, Fraud, and Abuse Prevention Act of 2025 (119th Congress)
Summary
The Mining Waste, Fraud, and Abuse Prevention Act of 2025 (S.859) aims to reform the management of locatable minerals on public domain land. The bill introduces royalties on mineral production, establishes permitting requirements for mineral activities, and creates a Hardrock Minerals Reclamation Fund. It also addresses issues related to abandoned mine land reclamation and seeks to prevent fraud and abuse in mining operations.
Expected Effects
The act will likely increase the cost of mining operations on federal lands due to royalties and fees. It will also lead to stricter environmental regulations and increased oversight of mining activities. The Hardrock Minerals Reclamation Fund will provide resources for cleaning up abandoned mine sites.
Potential Benefits
- Environmental Remediation: Establishes a fund for reclaiming abandoned mine lands, addressing a significant environmental concern.
- Revenue Generation: Royalties and fees collected will provide revenue for federal and state governments.
- Regulatory Clarity: Provides a more defined permitting process, potentially reducing uncertainty for mining companies.
- Tribal Consultation: Mandates consultation with Indian Tribes, respecting tribal rights and interests.
- Prevention of Abuse: Aims to prevent fraud and abuse in mining operations, ensuring fair practices.
Potential Disadvantages
- Increased Costs: Royalties and fees may increase the cost of mining, potentially reducing domestic mineral production.
- Regulatory Burden: Stricter permitting requirements may create delays and increase compliance costs for mining companies.
- Potential for Litigation: Ambiguities in the language of the act could lead to legal challenges.
- Economic Impact on Mining Communities: Reduced mining activity could negatively impact local economies dependent on the industry.
- Complexity: The act introduces a complex regulatory framework, potentially creating confusion and administrative burdens.
Most Disadvantaged Areas:
Constitutional Alignment
The act's alignment with the US Constitution is complex. Congress has the power to regulate commerce (Article I, Section 8), which could justify the regulation of mining activities. The Fifth Amendment's Takings Clause could be relevant if the royalties or regulations are deemed to deprive mining companies of their property without just compensation. The Tenth Amendment reserves powers not delegated to the federal government to the states, which could be invoked if the act unduly infringes on state authority over mining regulation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).