Luján Introduces Legislation to Modernize Broken Mining Law, Protect Public Lands and Taxpayers

Luján Bill Would Update the 1872 Mining Law Which Has Led to Significant Waste, Fraud, and Abuse

Washington, D.C. – Today, U.S. Senator Ben Ray Luján (D-N.M.) introduced the Mining Waste, Fraud, and Abuse Prevention Act of 2025, legislation that would reform the broken 1872 Mining Law. Failure to update the 1872 Mining Law has allowed mining companies to exploit public resources for free, pass environmental costs onto taxpayers, and engage in speculation with minimal government oversight. Congressman Raúl Grijalva (D-Ariz.) leads companion legislation in the House.

Senator Luján’s bill would update the 153-year-old law by eliminating patenting of federal lands, imposing a federal minerals royalty, establishing a Hardrock Minerals Reclamation Fund for the cleanup of abandoned mines, and requiring a review of certain lands within three years to determine if they should be available for future mining claims.

“Elon Musk and President Trump are putting a chainsaw to our federal workforce and public lands protections. If Republicans were serious about eliminating waste, fraud, and abuse, they would join me in reforming this Civil War-era mining law that has allowed mining companies to exploit our gold, silver, and critical minerals from public lands without paying their fair share and stiffing the American taxpayer with the cleanup costs. It’s far past time that we update this law to crack down on actual waste, fraud, and abuse,” said Senator Luján. “I am proud to lead this legislation to modernize the broken 1872 Mining Law to reduce waste, protect taxpayers, generate revenue, and protect public lands. I look forward to working with my colleagues to get this legislation passed.”

“For more than a century and a half, the mining industry has operated under an outdated, free-for-all system that gives them carte blanche to pollute and destroy, while American taxpayers get stuck with the cleanup bill. Under the Mining Law of 1872, foreign-owned companies, even companies controlled by our adversaries with egregious track records of human rights abuses and environmental harms, can mine our publicly-owned minerals. These companies then ship our minerals abroad without paying a cent back to the American people or even committing for these minerals to support the U.S. economy. It’s past time to reject this harmful status quo and move forward with commonsense reforms that protect Americans and ensure a more responsible, accountable mining industry that actually benefits Americans,” said Representative Grijalva. “Securing the minerals we need for our clean energy future cannot come at the cost of our environment, our health and safety, or tribal sovereignty. I want to thank Senator Luján for lending his leadership to join me in this effort and encourage my colleagues on both sides of the aisle to do the same.”

Specifically, the Mining Waste, Fraud, and Abuse Prevention Act of 2025 would:

• Require annual rental payments for claimed public land, thereby treating mine operators as other public land users.
• Set a royalty rate of not less than 5% and not greater than 8% based on the gross income of production on federal land but would not apply to mining operations already in commercial production or those with an approved plan of operations.
• Revenues would be deposited into a Hardrock Minerals Reclamation Fund for abandoned mine cleanup. Additionally, the Fund would be infused by an abandoned mine reclamation fee of 1% to 3%.
• Allow the Secretary of the Interior to grant royalty relief to mining operations based on economic factors.
• Require an exploration permit and mining operations permit for non-casual mining operations on federal land, which would be valid for 30 years and continue as long as commercial production occurs.
• Permit states, political subdivisions, and tribes to petition the Secretary of the Interior to have lands withdrawn from mining.
• Require an expedited review of areas that may be inappropriate for mining, and allow specific areas be reviewed for possible withdrawal.

The Mining Law of 1872 was enacted to promote mineral exploration and development in the western United States. Today, the Civil War-era statute still guarantees broad rights to individuals and corporations, including foreign-owned, to extract minerals from public lands without payment of royalties to the federal government and constrains protections for public health and the environment.

The legislation is cosponsored by U.S. Senators Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Martin Heinrich (D-N.M.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Bernie Sanders (D-Vt.), Chris Van Hollen (D-Md.), Ron Wyden (D-Ore), and Elizabeth Warren (D-Mass.).

The legislation is supported by Earthjustice, Earthworks, Hualapai Tribe, The Wilderness Society, Natural Resources Defense Council, Grand Canyon Trust, Outdoor Alliance, Backcountry Hunters & Anglers, the National Parks Conservation Association, and Trout Unlimited.

Endorsement quotes can be found here.

Full bill text is available here.

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