March 07, 2025

Wyden, Merkley Co-Sponsor Legislation to Update Antiquated Mining Law to Protect Public Lands and Taxpayers

Bill would modernize Civil War era mining law that has led to significant waste, fraud, and abuse

Washington, D.C. –U.S. Senators Ron Wyden and Jeff Merkley today announced they are co-sponsoring legislation that would modernize the 1872 Mining Law that has let mining companies exploit public resources for free, pass environmental costs on to taxpayers, and engage in speculation with minimal government oversight. 

“This bill makes responsible mining possible, while protecting Oregon’s treasured public lands from irresponsible mining companies and foreign nations with no respect for the environment, human rights and human life,” Wyden said. “If Republicans are truly behind eliminating fraud, waste and abuse, they’ll join us in the 21st Century and support this bill that fixes a broken and antiquated law by addressing modern needs and challenges.”

“Protecting Oregon’s waterways and preserving our treasured natural areas is essential to the health of our environment, our communities, and our recreation economy,” Merkley said. “For too long, irresponsible mining companies have exploited public resources while leaving behind toxic waste for taxpayers to clean up. It’s time to bring our mining laws into the 21st century to ensure fair compensation for use of public resources and to protect the lands and waters Oregonians cherish.”

The Mining Waste, Fraud, and Abuse Prevention Act of 2025 would update the Mining Law of 1872, which 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 limits public health and the environmental protections. A modern bill 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.

In addition to Wyden and Merkley, the legislation, led by U.S. Senator Ben Ray Lujan (D-N.M.), 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.), Alex Padilla (D-Calif.), Bernie Sanders (D-Vt.), Chris Van Hollen (D-Md.) and Elizabeth Warren (D-Mass.).

Full text of the legislation is here.