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H.R. 2925, the Mining Regulatory Clarity Act of 2023

H.R. 2925, a bipartisan bill sponsored by U.S. Reps. Mark Amodei (R-Nev.) and Mary Peltola (D-Alaska), would codify and clarify longstanding precedent regarding mining permitting on federal lands in response to a recent decision from the United States Court of Appeals for the Ninth Circuit, often referred to as the “Rosemont decision.”

In May of 2022, the United States Court of Appeals for the Ninth Circuit affirmed a lower court decision revoking an approved mine plan for the Rosemont Copper Mine Project, located partially in the Coronado National Forest in Pima County, Arizona.

The Ninth Circuit’s decision in this case limits the ability of the U.S. Forest Service to approve mining support facilities necessary for mining operations. The Rosemont decision requires that U.S. Forest Service approvals of ancillary facilities on mining claims be contingent on such claims being “valid.” This new requirement ignores longstanding precedent and specific U.S. Forest Service regulations that allow approvals of operations “on or off a mining claim,” so long as these operations meet environmental and regulatory standards. Essentially, this decision requires discovery and determination of a valid mineral deposit, meaning operators must prove the existence of a commercially developable deposit on a claim before a plan of operations that includes usage of the surface of that mining claim (such as for waste rock placements, mills, offices, roads, or transmission lines) can be approved. The mineral-rich states of Alaska, Arizona, Nevada, Montana, and Idaho are located within the jurisdiction of the Ninth Circuit. The Rosemont decision upended 40 years of mining regulatory precedent and over a century of interpretation of the Mining Law of 1872. If allowed to stand, the Rosemont decision would impact hardrock mining projects across Western states.


    H.R. 2925, the Mining Regulatory Clarity Act of 2023,Introduced by U.S. Reps. Mark Amodei (R-Nev.) and Mary Peltola (D-Alaska)

    Press Releases

      Supporting Domestic Mining and Community Safety

      Legislation to Enable New Mining Projects on Federal Lands, Revitalize the RFK Stadium Campus and Support Veterans Advances Through Committee


      Hearings and Markups

        Legislative Hearing on H.R. 2925

        Markup on H.R. 2924