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Panel weighs Rosemont 'mill-site' fix and abandoned-mine fund in Mining Regulatory Clarity Act
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Summary
Lawmakers and witnesses debated H.R. 1366, a bill aimed at reversing a Ninth Circuit decision (the Rosemont case) by creating a new mill-site category and an abandoned hard-rock mine fund; proponents said it restores settled practice, critics urged precise drafting to prevent misuse.
The subcommittee considered H.R. 1366, called the Mining Regulatory Clarity Act, which sponsors say would restore decades of mining practice after a 2022 Ninth Circuit decision involving the Rosemont copper project in Arizona.
Rep. Mark Emedet (Nev.) told the panel that the Rosemont ruling ‘‘upended decades of regulatory and legal precedent’’ by requiring proof of a commercially developable deposit on a claim before a plan of operations can be approved. He said the bill would restore predictability by authorizing a new kind of mill site that can be located within the boundaries of an approved mine plan of operations and by creating an abandoned hard-rock mine fund to assist remediation.
Supporters such as Deborah Strusacker, co-founder of the Women’s Mining Coalition, said the bill “reduces problems stemming from the Rosemont court’s misinterpretation of the mining law” and would confirm secure land tenure needed to attract the private investment required to find and develop deposits.
Witnesses and several members pressed for precise drafting. Representative Susie Lee (D-Nev.) asked about tightening language that currently allows a proprietor to locate “as many mill site claims as reasonably necessary,” suggesting replacing “reasonably” with “only” to prevent potential misuse; she asked the Department of the Interior to respond in writing. Rep. Emedet and Strusacker said the legislation merely “restores what has been the decades-long practice.”
Dr. Steve Felgus, a former Interior official who testified as an expert witness, cautioned against trimming community engagement or public-review steps in the name of speed. He said, based on permitting experience, that projects are more successful when agencies have resources and when local communities are engaged early; otherwise, “we simply force it into courtrooms.”
The bill has been considered previously in the House, according to witnesses. Committee members asked the department and sponsors for follow-up details and suggested technical edits to tighten definitions and the scope and funding mechanism for the abandoned mine fund.
