About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



S. Rept. 119-105 1 (2026-02-11)

handle is hein.congrecreports/crptxaicv0001 and id is 1 raw text is: AUTHENTICATED
U.S. GOVERNMENT
INFORMATION 4











                                                        Calendar No. 334
                   119TH CONGRESS               N   E                REPORT
                     2d Session  J            SENATE                 119-105





                              MINING   REGULATORY CLARITY ACT


                                 FEBRUARY 11, 2026.-Ordered to be printed


                    Mr. LEE, from the Committee on Energy and Natural Resources,
                                      submitted the following

                                         REPORT

                                         [To accompany S. 5441
                    The  Committee on Energy  and Natural Resources, to which was
                  referred the bill (S. 544) to provide for the location of multiple
                  hardrock mining  mill sites, to establish the Abandoned Hardrock
                  Mine  Fund, and  for other purposes, having considered the same,
                  reports favorably thereon without amendment   and  recommends
                  that the bill do pass.
                                             PURPOSE
                    The  purpose of S. 544 is to provide for the location of multiple
                  hardrock  mining  mill sites and  to  establish the Abandoned
                  Hardrock  Mine Fund.
                                      BACKGROUND   AND NEED
                    In May  of 2022, the U.S. Court of Appeals for the Ninth Circuit
                    affirmed a lower court decision vacating the Forest Service's ap-
                  proval of the mining plan of operations for the Rosemont Copper
                  Mine  Project, located partially in the Coronado National Forest in
                  Pima  County, Arizona. Center For Biological Diversity v. United
                  States Fish & Wildlife Service, 33 F.4th 1202, 1224 (9th Cir. 2022),
                  affg, 409 F. Supp. 3d 738 (D. Ariz. 2019). The Rosemont case ques-
                  tioned whether  the Surface Resources and Multiple Use Act of
                  1955  ('Multiple Use Act') gives Rosemont the right to dump its
                  waste rock on open National Forest land, without regard to wheth-
                  er it has any mining rights on that land, as a 'use[ I reasonably in-
                  cident to its operations at the mine pit, and whether the Forest
                  Service could assume that Rosemont had valid mining claims to the
                  area where it proposed to dispose of its waste rock. Id. at 1207.


69-010