House passes bill allowing ancillary mining activities on public land without minerals present

The House Wednesday passed a bill that would allow companies to build roads and support infrastructure for a potential mining operation without having to show a deposit is present.

The Mining Regulatory Clarity Act of 2024 passed 216 to 195. Federal mining law allows companies to mine for valuable minerals, but in 2022, a U.S. appellate court ruled that companies are not guaranteed the right to use adjacent federal land without a mineral deposit for purposes related to a mining operation.

According to the bill’s sponsor, Rep. Mark Amodei, R-Nev., the legislation reaffirms long-held practice and precedent that some public land use under a mining claim "inherently accompanies exploration and extraction activities for other ancillary, mining-support activities."

“Securing our domestic mineral supply chain is not only critical to our nation’s economic success, but to our national security. Now more than ever, we must ensure we are doing all that we can to increase domestic mineral production and protect the ability to conduct responsible mining activities on federal lands,” Amodei said in a statement.

According to a statement from the Biden administration, the bill would allow private speculators to influence the use of public lands with little or no mining potential, potentially interfering with other uses, such as a solar, wind or transmission project.

“The administration strongly opposes this bill,” the statement said.