We firmly oppose HR 2925 Mining Regulatory Clarity Act, which represents an unprecedented giveaway of public lands to mining corporations.  Under the proposed bill, mining corporations would gain a near unlimited right to occupy as much public land as they wanted for their mining operations.  The companies would gain the right to dump waste, dispose of toxic tailings, bulldoze roads, and construct pipelines across public lands, even on lands of deep cultural and ecological significance to all the tribes in the Great Basin and in the United States. We urge you to oppose the legislation, which would exacerbate the harms caused by the mining industry.

We are especially concerned with this legislation because four key minerals that will be used for the energy transition – 97% of nickel, 89% of copper, 79% of lithium, and 68% of cobalt – are located within 35 miles of Native American Reservations.  In addition, many existing and proposed mines are located on federal lands adjacent to tribal lands. Tribal lands in the Great Basin are already impacted by the toxic legacy of mining, and we are concerned about the rush to mine lithium and copper, sacrificing minority and indigenous communities to support the development of green energy.

The proposed legislation contains a series of provisions designed to undermine the Federal Government’s authority to safeguard public lands.  Under Section 2(e)(1)(B) of the Mining Regulatory Clarity Act, mining companies would receive a statutory right to permanently occupy and bury public lands under tons of toxic waste.  Further Section 2(e)(1)(A) grants mining companies automatic rights-of-way for new pipelines, transmission lines, and roads across public lands – eliminating a central provision of the Federal Land Policy Management Act that requires mining companies to receive a permit for such uses just like every other industry operating on federal lands.  Section 2(e)(2) would also eliminate FLPMA’s requirement that the company pay “fair market value” for using public lands for these facilities.

The Mining Regulatory Clarity Act is poised to have devastating consequences on our public lands, as well as on ancestral lands and resources.  The creation of indigenous peoples’ tribal sacrifice zones in the name of the clean energy transition must stop.  Indigenous communities use what are now federal public lands to collect medicines and food, ceremonies, and other traditional cultural uses.  This Administration has vowed to safeguard our cultural resources and to listen to tribes. The Mining Regulatory Clarity Act will impair our ability to use our ancestral lands forever and we ask that you reject it.