The US has embarked on a process to review the Mining Law of 1872, which still governs hardrock mining on public lands, including gold, silver, copper, uranium, lithium and nearly all critical minerals.

The law, which turns 150 years in 2022, was born out of the California Gold Rush and allows mining companies to stake claims on the vast majority of public lands, regardless of potential conflicts with other uses.

The law does not require royalties to be paid to the taxpayer for the extraction and sale of valuable minerals, and does not include any environmental, reclamation or financial assurance provisions. 

“If we’re going to meet the needs of the clean energy economy while respecting our obligations to Tribal Nations, Western communities, taxpayers, the environment, and future generations, we need an all-of-government approach and the input of all Americans to make sure mining in this country is sustainable, responsible and efficient,” said Secretary of the Interior Deb Haaland.

“The 150th anniversary of the Mining Law of 1872 is a great opportunity to take a hard look at how we regulate and permit mining in this country. We look forward to working with our federal partners to update mining policies to reflect our current realities.” 

The Department of Interior has established an interagency working group (IWG) to lead an administration effort on legislative and regulatory reform of mine permitting and oversight. The working group will bring together experts in mine permitting and environmental law.

The IWG released a list of Biden-Harris Administration fundamental principles for mining reform to promote responsible mining under strong social, environmental and labour standards that avoids the historic injustice that too many mining operations have left behind.

The IWG will deliver recommendations to Congress by November. It will also host public input and comment sessions to ensure an inclusive process, and will work with the relevant agencies to initiate updates to mining regulations by the end of the calendar year.