Congressman Mark Amodei discusses the Mining Regulatory Transparency Act

Nevada’s critical mineral extraction industry is poised for significant economic growth, and legislation recently passed in the House of Representatives could accelerate that growth.

Congressman Mark Amodei has passed the Mining Regulatory Transparency Act of 2024, which seeks to overturn a court ruling restricting mining companies’ use of federal land. Amodea’s bill passed the U.S. House of Representatives by a 216-195 vote in early May.

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The bill seeks to overturn a 2022 decision by the 9th Circuit Court of Appeals that prohibits companies from conducting activities supporting mining on federal lands unless valuable mineral deposits are confirmed. The mining law applies to public lands located in communes located in the province 9th Circuitwhich includes Arizona, parts of California, Hawaii, Idaho, Montana, Nevada, Oregon, parts of Washington and more.

The Rosemont decision blocked a proposed copper mine in Arizona. This overturned the government’s earlier interpretation of the 1872 Mining Act, which gave adjacent federal land the same rights as valid mining claims.

“In a mining sense, this puts the cart before the horse,” said Congressman (R-NV) Mark Amodei. “That was, unless you prove that your claims are enforceable before you make a mine plan or something like that, you can’t use any of the surrounding federal lands for ancillary purposes like roads, offices, mill sites, rock waste management and things like that, which has always been done,” Amodei said.

The Rosemont decision requires companies to demonstrate the presence of valuable minerals underground before submitting an application, which the government must confirm.

“The Rosemont decision was seen as a side-door or back-door issue and took many people by surprise, but it potentially struck a blow to the heart of the minerals industry as we know it in modern times,” Amodei said.

The Nevada Mining Association applauds Congressman Amodea for passing the Mining Transparency Act, which would thwart Rosemont, while complying with strict U.S. environmental mining regulations

“It does not grant miners any other rights or privileges that they did not previously have. They still must meet all permit requirements. They must comply with the National Environmental Policy Act, also known as NEPA, which is a stringent, multi-pronged annual permitting process. Permitting occurs at the federal and state levels; none of these obligations change with the Mining Transparency Act,” said Amanda Hilton, president of the Nevada Mining Association.

Hamilton says the Mining Clarity Act would provide safeguards for the permitting and regulatory process for mining companies in Nevada.

“It would allow for the hundreds of millions, perhaps billions, of dollars needed to expand mining facilities in the state. Without this transparency, mining companies would be very hesitant to invest these funds,” Hilton explained.

Environmental groups are pushing back. Great Basin Center for Biological Diversity Director Patrick Donnelly issued the following statement:

“This bill would create public lands free for all, where speculators could make claims even in the absence of valuable minerals,” Donnelly said. “Nevada is currently at the epicenter of a massive mining boom, and our public lands require enhanced protection. “Instead, this bill seeks to unleash extractive industries, with devastating consequences for Nevada’s wildlife and communities.”

Senators Catherine Cortez Masto and Jacky Rosen agree with Amodea’s legislation.

Senator Jacky Rosen provided the following response:

“Nevada is one of the few places in the United States with an abundance of key minerals and a thriving hard rock mining industry,” said Senator Rosen. “Responsible mining of these minerals will support thousands of jobs and help strengthen our domestic manufacturing and clean energy supply chains, lowering costs for hardworking Nevadans.”