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.
About This Bill
Committee
Latest Action · May 18, 2023
Referred to the House Committee on Natural Resources.
# Clean Energy Minerals Reform Act of 2023 Summary
This comprehensive legislation fundamentally restructures how hardrock mining operates on federal lands. Effective immediately upon enactment, the bill closes all federal lands to new mining claims under the 1872 Mining Law while allowing existing claims to continue under new rules through a transition period.
**Key Changes to Mining Operations:** The bill replaces the old claim system with a competitive and noncompetitive leasing framework. Existing mining claims without approved operations plans have either 3 or 10 years to convert to leases or lose their rights. New miners and explorers must obtain prospecting licenses or leases, with royalty rates of at least 12.5 percent on mineral production (compared to no federal royalties under current law). Small miners—defined as individuals operating fewer than 10 claims on fewer than 200 acres with less than $50,000 annual income—receive more favorable terms, including no royalties and lower fees.
**Environmental and Financial Safeguards:** Before any mining begins, operators must obtain exploration and operations permits, provide detailed environmental plans, and post financial bonds sufficient to cover full reclamation costs. The bill sets strict standards prohibiting mining in national parks, wilderness areas, critical habitats, and sacred sites. It mandates comprehensive monitoring, requires operators to prevent acid drainage and ensure water quality for 10 years after mining stops, and imposes civil penalties up to $25,000 per violation for non-compliance.
**Revenue and Reclamation Funding:** Revenue from royalties, fees, and penalties is split 25 percent to states and 75 percent toward an Abandoned Hardrock Mine Reclamation Program. The bill also establishes a 7-cent-per-ton fee on displaced mining material to fund reclamation efforts.
**Tribal and Public Protections:** The legislation requires meaningful consultation with Indian Tribes before any mining affecting tribal lands or resources, maintains federal environmental law protections, and creates citizen lawsuit provisions allowing individuals to enforce compliance.
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