H.R. 1366

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1366 Placed on Calendar Senate (PCS)]

<DOC>

Calendar No. 357
119th CONGRESS
2d Session
H. R. 1366

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 18, 2025

Received

March 17, 2026

Read twice and placed on the calendar

_______________________________________________________________________

AN ACT

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

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. HARDROCK MINING MILL SITES.

(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes of 
the United States (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 of the United States (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 of the 
United States (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 of the United States (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''.

Passed the House of Representatives December 18, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.
Calendar No. 357

119th CONGRESS

2d Session

H. R. 1366

_______________________________________________________________________

AN ACT

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

_______________________________________________________________________

March 17, 2026

Read twice and placed on the calendar