Overview

Title

To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.

ELI5 AI

The "Mining Waste, Fraud, and Abuse Prevention Act of 2025" is a plan to make sure companies take better care of the environment when digging for treasure in the ground and to make sure they pay the right amount of money, like rent, to use public lands.

Summary AI

H.R. 1865, known as the "Mining Waste, Fraud, and Abuse Prevention Act of 2025," aims to modernize the regulations around mining on public domain lands in the U.S. The bill introduces new rules for issuing mining leases, sets royalty rates for extracted minerals, and enhances environmental protection measures to prevent undue harm to federal land. It also includes provisions for consultation with Indian Tribes, seeks to protect special areas like national parks from mining activities, and establishes a program for reclaiming abandoned mines. The act requires mining companies to set up financial assurances to cover the costs of any necessary reclamation and imposes penalties for non-compliance with the law.

Published

2025-03-05
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-03-05
Package ID: BILLS-119hr1865ih

Bill Statistics

Size

Sections:
42
Words:
25,902
Pages:
126
Sentences:
632

Language

Nouns: 7,893
Verbs: 2,072
Adjectives: 1,496
Adverbs: 196
Numbers: 892
Entities: 1,238

Complexity

Average Token Length:
4.37
Average Sentence Length:
40.98
Token Entropy:
5.72
Readability (ARI):
23.26

AnalysisAI

Summary of the Bill

The proposed bill, H.R. 1865, entitled the “Mining Waste, Fraud, and Abuse Prevention Act of 2025,” seeks to reform requirements for the extraction of locatable minerals on public lands. The bill aims to align these regulations with modern environmental standards and uphold principles of self-initiated mining claims. Key components include establishing leases and prospecting permits, setting royalty and maintenance fees, ensuring environmental protection, and promoting transparency in mining operations on federal lands. The bill also provides strict protections for special places like National Parks and sacred sites, setting criteria for suitability determinations for mining activities.

Significant Issues

Several critical issues arise from the bill's provisions:

  1. Broad Definitions and Discretion: The bill defines some terms very broadly, such as "affiliate" in Section 2, which could inadvertently include entities not intended to be regulated. Additionally, Section 103 allows the Secretary discretionary powers to adjust royalties and fees. This may result in perceived favoritism or inconsistencies unless carefully monitored.

  2. Environmental Concerns: Section 101's exemption from environmental analysis for certain lease issuances under the National Environmental Policy Act could compromise transparency and environmental protection, especially in ecologically sensitive areas.

  3. Potential Favoritism and Inconsistency: Sections 104 and 103 raise issues regarding the selection process for competitive leasing and royalty rate adjustments, which lack transparency and clear guidelines, potentially resulting in favoritism.

  4. Burden on Small Miners: The maintenance fee requirement in Section 109 could be financially burdensome for small miners if the criteria defining "small miner" are not explicit and accessible, potentially disadvantaging smaller operators.

Impact on the Public

The bill's impact on the public is multifaceted. By aiming to modernize and regulate mineral extraction on public lands, it holds potential benefits for improved environmental stewardship and accountability. However, if not implemented carefully, the discretionary powers granted to authorities and the ambiguous language in several sections could lead to legal challenges and regulatory uncertainties.

For the broader public, the bill's focus on environmental considerations and protections promises enhanced safeguarding of natural and cultural heritage sites, potentially reducing ecological footprints associated with mineral exploration and extraction. Yet, its complexity and potential for inconsistent application could also foster public distrust of regulatory processes if perceived favoritism or environmental neglect occurs.

Impact on Specific Stakeholders

  • Mining Companies: Larger companies might find the bill's regulations and fees manageable, but smaller firms or individual prospectors could face significant barriers due to complex fee structures and ambiguous terms. The broad discretion left to the Secretary for leases may raise operational challenges.

  • Environmental Advocates: These stakeholders might view the bill positively for its potential to fortify environmental safeguards. However, the exemption from NEPA analysis for certain leases may be seen as a loophole potentially leading to environmental degradation.

  • Indigenous Tribes and Cultural Groups: The bill reinforces consultation with tribes on activities impacting their lands and cultural sites. This is a positive acknowledgment of tribal sovereignty and rights, though the operationalization of this consultation needs clarity to be impactful.

In conclusion, while the bill attempts to update and enforce responsible mining practices, careful attention to its complex language and potential regulatory ambiguities is required to fully realize these intended improvements.

Financial Assessment

The "Mining Waste, Fraud, and Abuse Prevention Act of 2025" aims to regulate mining activities on public lands in a manner that secures environmental protection and ensures economic fairness. Analyzing the financial aspects of this bill sheds light on several critical themes and concerns.

Spending and Financial Allocations

The bill contains several sections that reference financial allocations in terms of fees, royalties, and penalties. For instance, Section 109 imposes a claim maintenance fee of $200 per claim per year on every unpatented mining claim, millsite, or tunnel site on federal land. This fee could significantly impact small miners who may not have substantial financial flexibility, especially if their operations do not yield high annual returns. Such provisions ensure steady revenue for government programs but may pose a financial burden on smaller operators.

In Section 103, the annual rental fees for leases and prospecting licenses are set at $10 per acre per year. Though seemingly modest, these fees act collectively as a significant financial mechanism impacting the profitability and operational decisions of mining companies. The Secretary is also given discretion to adjust these fees, which adds a layer of financial uncertainty for leaseholders if regulations are not clearly defined and consistently applied.

The bill stipulates royalties on mineral production, which the Secretary can adjust, as outlined in Section 107. While ensuring that federal lands provide financial returns to the government, these measures may lead to unpredictability in financial planning for mining operations if the terms and rates are not transparent and consistently enforced. This adjustment mechanism may lead to perceived favoritism or unfair treatment if not managed objectively.

Relating to Identified Issues

One key issue highlighted in the bill's analysis concerns the potential for subjective interpretation and inconsistency in financial requirements. Sections such as those pertaining to the waiver or reduction of royalties (impacted by the Secretary’s discretion) may contribute to favoritism or inconsistency, particularly if criteria are not clear or openly shared. This could lead to legal challenges or operational disputes among stakeholders.

Furthermore, the bill outlines penalties for non-compliance, such as in Section 507, where fines can reach up to $25,000 per violation. Such penalties may act as a deterrent, ensuring compliance but also instigating legal action if perceived as excessive or unfair. Not only could these affect operators financially, but they may also amplify operational risks, especially for smaller entities.

The financial implications of this bill bring attention to the need for clarity and transparency in regulatory details to prevent the enactment of provisions that may inadvertently disadvantage smaller operators or lead to unintentional biases in enforcement. Structured and well-communicated guidelines are essential in these financial measures to ensure that while environmental and public interests are protected, financial burdens are equitably distributed across various sizes of mining operations.

Issues

  • The definition of 'affiliate' in Section 2 may be overly broad, potentially including entities not intended to be subject to regulations. This could impact a wide range of stakeholders, leading to regulatory challenges and potential legal disputes.

  • The language in Section 301 regarding the mandate to prevent unnecessary or undue degradation in hardrock mining is subjective and not well-defined, potentially leading to varying interpretations and inconsistent enforcement, which could have significant environmental and regulatory implications.

  • Section 103 provides the Secretary with discretion to adjust royalty rates and rental fees, which could lead to favoritism or inconsistency if not carefully regulated, impacting the financial aspects of mining operations.

  • The exemption from conducting environmental analysis under the National Environmental Policy Act for lease issuance in Section 101 raises concerns about environmental protection and transparency, especially in potentially sensitive areas.

  • Section 104 lacks clarity on how competitive lease applicants will be evaluated and selected, raising concerns about potential favoritism and transparency in the leasing process.

  • The requirement for a claim maintenance fee in Section 109 could prove burdensome for small miners, especially if the criteria for 'small miner' is not clearly defined, potentially impacting small mining operations financially.

  • The 'unreasonably interfere' clause in Section 106 is subjective and may lead to disputes over what constitutes interference, potentially causing implementation challenges and legal disputes.

  • The absence of specific guidelines for reducing royalty rates in Section 103 may result in inconsistency and perceived favoritism, impacting the financial equity among different stakeholders in the mining industry.

  • The vague definition of 'casual use' in Section 302 may lead to potential ambiguity concerning what activities require a permit, possibly resulting in legal discrepancies and enforcement issues.

  • Section 505's complex language and lack of detailed definitions may make the administrative and judicial review process difficult to navigate for the public, potentially creating barriers to due process.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The "Mining Waste, Fraud, and Abuse Prevention Act of 2025" outlines its official title and includes a table of contents listing sections related to mineral leasing, environmental considerations, abandoned mine reclamation, and additional provisions such as regulations, public records, and enforcement.

2. Definitions and references Read Opens in new tab

Summary AI

This section provides definitions of key terms used in the Act, such as "Abandoned Hardrock Mine Reclamation Program," "adjacent land," "affiliate," "agency," and many more, to ensure clarity and consistency in understanding the Act's provisions. It also includes references to existing laws that relate to the terms defined, offering a comprehensive framework for interpreting the Act's language.

Money References

  • The term “small miner” means a person (including all related parties thereto) that— (i) holds not more than 10 mining claims, millsites, or tunnel sites, or any combination thereof, on Federal land; (ii) is a claim holder or operator with respect to not more than 200 acres of Federal land; (iii) certifies to the Secretary in writing that the person had annual gross income in the preceding calendar year from mineral production in an amount less than $50,000; and (iv) has performed assessment work required under the Mining Law of 1872 (30 U.S.C. 22 et seq.)
  • For purposes of subparagraph (A)(iii), the dollar amount shall be applied, for a person, to the aggregate of all annual gross income from mineral production under all mining claims held by or assigned to such person and all related parties with respect to such person, including mining claims located or for which a patent was issued before the effective date of this Act.

3. Application rules Read Opens in new tab

Summary AI

This section describes how the Act will be applied. It states that the rules apply to existing mining claims, mill sites, or tunnel sites located before or on the Act's effective date, and also to lands involved in beneficiation or processing activities for hardrock minerals under this Act, regardless of whether they operate under a lease, license, or permit.

101. Closure to entry and location Read Opens in new tab

Summary AI

The section outlines regulations for closing federal land to new mining claims while addressing existing claims. It details the conditions under which current claims can continue or convert to leases, specifies timeframes, and defines fees and criteria for conversion, while allowing for certain environmental considerations.

Money References

  • (B) FEE.—A claim described in paragraph (1) that is not converted to a noncompetitive lease pursuant to the regulations issued under subsection (d) before the end of such period shall, beginning on the first date after the end of such period, be subject to a fee of $100 per acre per day until such claim is converted to a noncompetitive lease.

102. Limitation on patents Read Opens in new tab

Summary AI

In this section, it explains that after the effective date of the Act, the United States will not issue patents for mining claims or millsites unless a patent application was filed before September 30, 1994, and all legal requirements were met by that date. If these conditions are met, the claim holder has the right to receive the patent unless the decision is reversed by the Secretary or a U.S. court.

103. Prospecting licenses and hardrock leases Read Opens in new tab

Summary AI

Federal law requires individuals to obtain a prospecting license or small miner's lease to explore for hardrock minerals on Federal land for commercial purposes. The prospecting license, which costs $10 per acre per year, allows exclusive exploration rights for up to 2 years on a maximum of 2,560 acres and can be extended for up to 4 additional years under certain conditions. Upon finding valuable mineral deposits, licensees may apply for a noncompetitive lease with a minimum royalty of 12.5% over a 20-year term, renewable if minerals are produced in paying quantities. The Secretary may reduce royalty rates to encourage production, but not below 6.25%, and impose conditions protecting land and resources.

Money References

  • (4) ANNUAL RENTAL.—Each prospecting license granted under paragraph (1) shall be subject to annual rentals equal to $10 per acre per year.
  • (2) RENTALS.— (A) IN GENERAL.—Rentals for a lease under this section shall be set by the Secretary at not less than $10 per acre per year, with rentals paid in any 1 year credited against royalties accruing for that year.

104. Competitive leasing Read Opens in new tab

Summary AI

The section explains that federal land with valuable minerals can only be used for mineral exploration or development through competitive leasing managed by the Secretary. It also mentions that these competitive leases are limited to a maximum of 2,560 acres and follow the same rules as noncompetitive leases.

105. Small miner’s lease Read Opens in new tab

Summary AI

The section outlines the regulations for small miner's leases, allowing qualified miners to lease up to 200 acres of federal land for three years to prospect for minerals without paying royalties. It includes details on fees, renewals, leaseholder qualifications, challenges to lease validity, and the conversion process for existing claims or when a lessee no longer qualifies as a small miner.

Money References

  • (c) Application fee.—The Secretary shall charge a reasonable application fee for a small miner’s lease under this subsection (a). (d) Rentals.—Annual rentals for a small miner’s lease issued under this section shall be $5 per acre per year for the first 3 years.
  • The rental for such a renewed lease shall be $10 per acre per year rental charged.
  • (h) Conversion of existing claims.—A claim existing on the effective date of this Act that belongs to an individual that qualifies as a small miner may be converted to a small miner’s lease under the same terms and conditions that apply to a small miner’s lease under this section, except that such lease— (1) shall not be subject to rental during the primary term of the lease; (2) shall be subject to a rental of $5 per acre per year for the first 3-year renewal of the lease; and (3) shall be subject to a rental of $10 per acre per year for any subsequent 3-year renewal of the lease.
  • (2) ROYALTIES.—Notwithstanding section 103(c)(1), royalties under a small miner’s lease converted to a hardrock mineral lease under this subsection shall only be due on the gross income that exceeds $50,000 annually or the amount of gross income specified by the Secretary as of the time such noncompetitive lease is issued.

106. Land containing nonhardrock minerals; other uses Read Opens in new tab

Summary AI

The section explains that when the government issues licenses or leases for land containing minerals like coal that aren't considered hardrock, it will keep the rights to those minerals. It also says that other activities on such licensed or leased lands are allowed as long as they don't disrupt the main mineral operations, and specifies that rules will be set to ensure these mixed uses can happen smoothly.

107. Royalty Read Opens in new tab

Summary AI

The section outlines the rules for royalty payments on the production of hardrock minerals on federal lands, including rates, responsibilities for payment, recordkeeping, and penalties for underreporting. It also specifies how revenues are distributed and includes provisions for cooperation between federal agencies to ensure compliance.

108. Existing production Read Opens in new tab

Summary AI

The section outlines that the holder of a mining claim, located or converted under this Act with operations starting under an approved plan before the Act's effective date, has exclusive rights to access and use the land for mining. These rights will end once mining activities are completed to the Secretary's satisfaction, while still being subject to U.S. rights and other federal laws.

109. Hardrock mining claim maintenance fee Read Opens in new tab

Summary AI

For each unpatented mining claim on Federal land, a yearly maintenance fee of $200 must be paid by September 1, replacing the assessment work required by previous laws. Exceptions exist for small miners, and missing the payment results in losing the claim. Funds collected will support the Abandoned Hardrock Mine Reclamation Program, and all existing filing obligations remain unchanged.

Money References

  • and as otherwise provided in this Act, for each unpatented mining claim, millsite, or tunnel site on Federal land, whether located before or on the effective date of this Act, each such claimant shall pay to the Secretary, on or before September 1 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, millsite, or tunnel site for the assessment year beginning at noon the following day.

110. Effect of payments for use and occupancy of claims Read Opens in new tab

Summary AI

The section explains that if someone pays the required maintenance fee for a claim by the deadline, they have the right to use and explore the Federal land for prospecting, as long as they follow the rules of this Act and other relevant laws.

111. Protection of special places Read Opens in new tab

Summary AI

The section outlines protections for special places, stating that no agency is allowed to permit mining activities that harm lands or resources in National Park System units, national monuments, or other critical areas like sacred sites and habitats for endangered species. Additionally, it highlights that certain areas, such as inventoried roadless regions and parts of the National Wild and Scenic Rivers System, are restricted from mining to preserve their environmental and cultural values.

112. Suitability determination Read Opens in new tab

Summary AI

The Secretary must determine if land is suitable for mineral activities by ensuring these activities won't harm special characteristics like water resources, historic sites, or protected habitats. Public comments are considered before making decisions, which are then included in federal land use plans. Existing mineral activities won't be affected, and people can request reconsiderations of suitability.

201. Requirement for consultation Read Opens in new tab

Summary AI

Agencies are required to consult with Indian Tribes before starting any mineral activities that might affect their lands, cultural areas, or legal rights. This process must align with established standards to protect tribal interests and ensure their governance and trust relations with the federal government are respected.

301. General standard for hardrock mining on Federal land Read Opens in new tab

Summary AI

The section mandates that the Secretary is responsible for ensuring that any mineral activities on Federal land, which have mining claims or other authorizations, are managed to prevent unnecessary harm to the land and resources. This must be done in accordance with applicable laws and specific provisions detailed in this Act.

302. Permits Read Opens in new tab

Summary AI

This section explains that individuals must obtain a permit to carry out any mineral activities on federal land that might impact the environment, such as land, air, water, or wildlife. However, permits are not necessary for activities considered to be a casual use. The process for acquiring these permits should align with the National Environmental Policy Act, and the relevant authorities are expected to coordinate their efforts as much as possible.

303. Exploration permit Read Opens in new tab

Summary AI

The bill section outlines the rules for obtaining an exploration permit to explore hardrock minerals. An applicant must submit an exploration and reclamation plan, comply with environmental laws, and meet specific eligibility criteria. Permits are limited in duration, can be modified with approval, and require prior approval for transferring, assigning, or selling rights.

304. Operations permit Read Opens in new tab

Summary AI

The Operations Permit section outlines the requirements for obtaining a permit to conduct mineral activities on federal land. It specifies the application process, conditions for issuance or denial, permit modifications, and rules for temporary cessation, renewal, and transfer of permits while ensuring compliance with environmental laws and public participation.

305. Persons ineligible for permits Read Opens in new tab

Summary AI

Under this section, individuals or entities with current violations of laws related to toxic substances, waste, air and water quality, or wildlife conservation, or the Surface Mining Control and Reclamation Act, cannot receive permits unless the violation is being corrected or appealed. Suspended permits can be reinstated if proof is provided that the issue is being resolved, but any pattern of willful violations also results in disqualification from receiving a permit.

306. Financial assurance Read Opens in new tab

Summary AI

The section outlines the requirement for operators to provide financial assurance, like a bond or cash, before starting mineral activities to ensure land and water restoration. This assurance amount is determined by the estimated cost of reclamation, adjusted over time, and can be released in stages once specific reclamation tasks are completed, while ensuring long-term environmental safety.

307. Operation and reclamation Read Opens in new tab

Summary AI

Operators must restore land used for mining to its previous state or a new beneficial use and follow specific standards set by the Secretaries of the Interior and Agriculture to minimize environmental impact. These standards include soil protection, erosion control, vegetation restoration, and water management, among others, ensuring that mining activities meet environmental and safety criteria.

308. State law and regulation Read Opens in new tab

Summary AI

This section of the bill explains how State laws that meet or exceed federal standards for reclamation, land use, environmental practices, public health, and inspections can coexist with this Act. It also allows states to form cooperative agreements with federal agencies to apply these standards to mineral activities, with opportunities for public input, ensuring federal oversight is maintained. Existing agreements must be updated to align with the new Act within a year.

401. Funds credited to the Abandoned Hardrock Mine Reclamation Program Read Opens in new tab

Summary AI

The section outlines the funding sources and donation rules for the Abandoned Hardrock Mine Reclamation Program. It specifies that various funds, including collected moneys, fees, gifts, and donations, can be used indefinitely for the program, with the Secretary having the authority to accept or reject gifts to serve the Federal Government's best interest.

402. Displaced material reclamation fee Read Opens in new tab

Summary AI

The section outlines a requirement for operators involved in mineral activities to pay a displaced material reclamation fee of 7 cents per ton, due annually by March 1st after the relevant calendar year, and to submit a notarized statement of displaced material. There are penalties for false statements and non-payment, though small miner’s leases are exempt from this fee.

Money References

  • (d) Criminal penalty.—Any corporate officer, agent, or director of an operator conducting mineral activities, and any other person acting on behalf of such a person, who knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification required under this section with respect to such mineral activities shall, upon conviction, be punished by a fine of not more than $10,000 for deposit in the Abandoned Hardrock Mine Reclamation Program.

501. Policy functions Read Opens in new tab

Summary AI

The section amends existing laws to ensure mineral extraction and processing do not harm natural or cultural resources on public lands. It assigns the Secretary of Agriculture the duty to oversee these policies and improve mineral data availability for National Forest System lands.

502. User fees and inflation adjustment Read Opens in new tab

Summary AI

In Section 502, the Secretary and the Secretary of Agriculture are allowed to charge user fees to those who must comply with the Act to cover administrative costs. The Secretary must adjust these fees every three years based on inflation using the Consumer Price Index and notify relevant holders by July 1, with changes taking effect the following calendar year.

Money References

  • (b) Adjustment of user fees.— (1) INFLATION.—The Secretary shall adjust the user fees established by this section, and all claim maintenance fees, rental rates, penalty amounts, and other dollar amounts established in this Act, to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 3 years after the effective date of this Act, or more frequently if the Secretary determines an adjustment to be reasonable.

503. Inspection and monitoring Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Secretary concerned regarding inspections and monitoring of mineral activities under a permit. It mandates regular inspections, allows individuals to request inspections if they suspect violations, and requires operators to develop monitoring systems and report their findings, with penalties for non-compliance.

504. Citizens suits Read Opens in new tab

Summary AI

Any person can start a lawsuit to enforce compliance with the law if someone is violating it or if a government official has not done their required duties. U.S. district courts handle these cases, and there are certain conditions such as giving a 60-day notice before suing, unless there is an urgent danger. However, if a government action is already under review, you can't sue again for the same issue in a different court.

505. Administrative and judicial review Read Opens in new tab

Summary AI

The section outlines the process for challenging or reviewing decisions related to violations and penalties under a specific law. It allows individuals to request a review by the Secretary, hearings, and temporary relief, with decisions sometimes eligible for judicial review by a court, which can either affirm or reverse the previous ruling. Costs related to these proceedings may be awarded to the prevailing party if they contributed substantially to the case's outcome.

506. Reporting requirements Read Opens in new tab

Summary AI

Operators conducting mineral activities on Federal or Indian land must submit an annual report to the Secretary describing the amount and value of minerals extracted, with specific details based on the land type. Failure to report can result in daily penalties, and the Secretary must also provide Congress with annual reports about these mining activities. Regulations to support these requirements must be issued by the Secretary within a year of the Act's effective date.

Money References

  • (b) Failure To report.—Any person that fails to comply with the requirements of subsection (a) shall be subject to a civil penalty not to exceed $25,000 per day during which such failure continues, which may be assessed by the Secretary concerned.

507. Enforcement Read Opens in new tab

Summary AI

The section provides guidelines for enforcing environmental protection laws related to mineral activities. It describes the steps the Secretary can take to address violations, such as issuing notices, ordering cessation of activities, setting penalties for non-compliance, and taking legal action to ensure safety and environmental integrity, while also detailing penalties for false statements and unpermitted activities.

Money References

  • (d) Penalties.— (1) FAILURE TO COMPLY WITH REQUIREMENTS OF A PERMIT.— (A) IN GENERAL.—A person who fails to comply with any requirement of a permit issued under this Act or any regulation issued to implement this Act shall be liable for a penalty of not more than $25,000 per violation.
  • (2) FAILURE TO COMPLY WITH A CESSATION ORDER.—A person who fails to correct a violation for which a cessation order has been issued under subsection (a) within the period permitted for correction of such violation shall be assessed a civil penalty of not less than $1,000 per violation for each day during which such failure continues.
  • — (1) IN GENERAL.—A person who knowingly carries out any of the following actions shall, upon an initial conviction, be fined not more than $10,000, imprisoned for not more than 2 years, or both, and, upon a subsequent conviction, be fined not more than $20,000, imprisoned for not more than 4 years, or both: (A) Make a false material statement, representation, or certification in, or omit or conceal material information from, or unlawfully alter, any mining claim, notice of location, application, record, report, plan, or other documents filed or required to be maintained under this Act.
  • (g) Mineral activities without a permit.— (1) IN GENERAL.—A person that knowingly carries out any of the following actions shall, upon an initial conviction, be fined not less than $5,000 and not more than $50,000, imprisoned for not more than 3 years, or both, and, upon a subsequent conviction, be fined not less than $10,000, imprisoned for not more than 6 years, or both: (A) Engage in mineral activities without a permit required under title II. (B) Violate any other requirement of a permit issued under this Act, or any condition or limitation thereof.
  • (h) Knowing and willful violations.—A person that knowingly and willfully commits an act for which a civil penalty is provided in subsection (g)(1)(A) shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than 2 years, or both.

508. Regulations Read Opens in new tab

Summary AI

The Secretary and the Secretary of Agriculture are required to create necessary regulations to carry out this Act. Additionally, within one year of the Act taking effect, they must jointly create regulations specifically impacting the Forest Service to implement titles II, III, and the relevant sections of this title.

509. Oil shale claims Read Opens in new tab

Summary AI

The amendment to Section 2511(f) of the Energy Policy Act of 1992 changes how oil shale claims are managed. It removes the requirement set by the Secretary and instead requires that these claims are handled in the same way as outlined in the Mining Waste, Fraud, and Abuse Prevention Act of 2025.

510. Savings clause Read Opens in new tab

Summary AI

The section ensures that this Act does not change or override existing laws related to mining, environmental protection, federal Indian laws, or the rights of Indian Tribes. It specifies that general mining laws are superseded by this Act, but other federal laws, particularly those concerning environmental and cultural resources, remain intact and unaffected.

511. Availability of public records Read Opens in new tab

Summary AI

Under the act, copies of records, reports, inspection materials, or information obtained by the Secretary or the Secretary of Agriculture must be made readily available to the public both online and in central locations in areas related to mineral activities, ensuring easy access for residents, in accordance with U.S. legal requirements.

512. Miscellaneous powers Read Opens in new tab

Summary AI

The Secretary concerned has various powers under this Act, including the ability to conduct investigations, hearings, and inspections, as well as enforce subpoenas with the help of courts. The Secretary can access and review sites and records without notice, and in some cases, inspect vehicles to ensure compliance with documentation requirements for minerals.

Money References

  • (2) FAILURE TO OBEY.—Any failure to obey an order issued under paragraph (1) may be punished by the court that issued such order as contempt thereof and the person subject to such order shall be subject to a penalty of not more than $10,000 per day.

513. Mineral materials Read Opens in new tab

Summary AI

The section modifies existing laws related to mineral materials by clarifying disposal terms, defining "valid existing rights" for mining claims, and establishing short titles for the Surface Resources Act of 1955 and the Materials Act of 1947. It also repeals two older acts related to building stone and saline placers, subject to existing rights.

8. Read Opens in new tab

Summary AI

The section states that this law can be referred to as the "Surface Resources Act of 1955."

5. Read Opens in new tab

Summary AI

The text states that this legislative section can be referred to as the “Materials Act of 1947.”

514. Effective date Read Opens in new tab

Summary AI

This section states that the Act will become effective immediately when it is enacted, unless specified otherwise within the Act itself.