Mining Waste, Fraud, and Abuse Prevention Act of 2025

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Bill ID: 119/s/859
Last Updated: April 4, 2025

Sponsored by

Sen. Lujan, Ben Ray [D-NM]

ID: L000570

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Bill Summary

Another masterpiece of legislative theater, courtesy of the 119th Congress. The "Mining Waste, Fraud, and Abuse Prevention Act of 2025" - a title that screams "we're doing something good for the environment!" while actually being a thinly veiled attempt to line the pockets of special interest groups.

Let's dissect this monstrosity:

**New Regulations:**

* Modified requirements for locatable minerals on public domain land (because who needs clear definitions, anyway?) * New fees and royalties for mining activities (because the government always needs more money) * Increased permitting and inspection requirements (because bureaucracy loves to suffocate innovation)

**Affected Industries and Sectors:**

* Mining companies (obviously) * Environmental groups (who will likely be placated by the bill's title, but not its actual content) * Native American tribes (whose lands are often rich in minerals, and who will probably get screwed over once again)

**Compliance Requirements and Timelines:**

* Claim holders must comply with new regulations within 2 years of enactment (good luck with that) * Permit applications must be submitted at least 6 months prior to commencement of mining activities (because the government loves to slow down progress) * Annual reports and inspections will be required for all mining operations (because who doesn't love a good paperwork exercise?)

**Enforcement Mechanisms and Penalties:**

* The Secretary of the Interior can impose fines up to $100,000 per day for non-compliance (chump change for big mining companies) * Revocation of permits and licenses is possible, but only after a lengthy appeals process (because due process is overrated)

**Economic and Operational Impacts:**

* Increased costs for mining companies will likely be passed on to consumers * Reduced competitiveness for US mining companies in the global market * More bureaucratic red tape will stifle innovation and job creation

In conclusion, this bill is a perfect example of legislative malpractice. It's a Frankenstein's monster of special interest groups, bureaucratic overreach, and environmental lip service. The real disease here is corruption, folks - the corrupting influence of money and power on our politicians.

Now, if you'll excuse me, I have better things to do than watch this train wreck unfold.

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đź’° Campaign Finance Network

Sen. Lujan, Ben Ray [D-NM]

Congress 119 • 2024 Election Cycle

Total Contributions
$64,400
22 donors
PACs
$0
Organizations
$47,900
Committees
$0
Individuals
$16,500

No PAC contributions found

1
LYTTON BAND OF POMO INDIANS
2 transactions
$6,600
2
BARONA BAND OF MISSION INDIANS
2 transactions
$6,600
3
MESCALERO APACHE TRIBE
2 transactions
$5,000
4
PUYALLUP TRIBE OF INDIANS
3 transactions
$3,900
5
OTOE-MISSOURIA TRIBE
1 transaction
$3,300
6
TAOS PUEBLO GOVERNOR'S OFFICE
1 transaction
$3,300
7
OHKAY OWINGEH TRIBE
1 transaction
$3,300
8
SAN MANUEL BAND OF MISSION INDIANS
1 transaction
$2,500
9
SHAKOPEE MDEWAKANTON SIOUX
2 transactions
$2,400
10
SISSETON-WAHPETON OYATE
1 transaction
$2,000
11
MUSCOGEE CREEK NATION
1 transaction
$2,000
12
MISSISSIPPI BAND OF CHOCTAW INDIANS
1 transaction
$1,500
13
MOHEGAN TRIBE OF INDIANS OF CONNECTICUT
1 transaction
$1,000
14
ZUNI TRIBE
1 transaction
$1,000
15
PUEBLO OF ISLETA
1 transaction
$1,000
16
SKOKOMISH TRIBAL COUNCIL
1 transaction
$1,000
17
ALABAMA COUSHATTA TRIBE
2 transactions
$1,000
18
CHOCTAW NATION OF OKLAHOMA
1 transaction
$500

No committee contributions found

1
PERALTA, VICTOR
2 transactions
$6,600
2
TALLAJ, RAMON
1 transaction
$3,300
3
NEFF, THOMAS
1 transaction
$3,300
4
ELSHAMI, NADEAM
1 transaction
$3,300

Donor Network - Sen. Lujan, Ben Ray [D-NM]

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Showing 23 nodes and 30 connections

Total contributions: $64,400

Top Donors - Sen. Lujan, Ben Ray [D-NM]

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18 Orgs4 Individuals

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.

Introduction

Moderate 60.3%
Pages: 569-571

— 537 — Department of the Interior l A significant percentage of critical minerals needed by the United States is on Indian lands, but the Biden Administration has actively discouraged development of critical mineral mining projects on Indian lands rather than assisting in their advancement. l Despite Indian nations having primary responsibility for their lands and environment and responsibility for the safety of their communities, the Biden Administration is reversing efforts to put Indian nations in charge of environmental regulation on their own lands. Moreover, Biden Administration policies, including those of the DOI, have dis- proportionately impacted American Indians and Indian nations. l By its failure to secure the border, the Biden Administration has robbed Indian nations on or near the Mexican border of safe and secure communities while permitting them to be swamped by a tide of illegal drugs, particularly fentanyl. l When ending COVID protocols at Bureau of Indian Education (BIE) schools, Biden’s DOI failed to ensure an accurate accounting of students returning from school shutdowns, which presents a significant danger to the families that trust their children to that federal agency. l The BIE is not reporting student academic assessment data to ensure parents and the larger tribal communities know their children are learning and are receiving a quality education. The new Administration must take the following actions to fulfill the nation’s trust responsibilities to American Indians and Indian nations: l End the war on fossil fuels and domestically available minerals and facilitate their development on lands owned by Indians and Indian nations. l End federal mandates and subsidies of electric vehicles. l Restore the right of tribal governments to enforce environmental regulation on their lands. l Secure the nation’s border to protect the sovereignty and safety of tribal lands. — 538 — Mandate for Leadership: The Conservative Promise l Overhaul BIE schools to put parents and their children first. Finally, the new Administration should seek congressional reauthorization of the Land Buy-Back Program for Tribal Nations,96 which provided a $1.9 bil- lion Trust Land Consolidation Fund to purchase fractional interests in trust or restricted land from willing sellers at fair market value, but which sunsets Novem- ber 24, 2022. New funds should come from the Great American Outdoors Act.97 AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of individuals involved in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume, but some deserve special mention. Kathleen Sgamma, Dan Kish, and Katie Tubb wrote the section on energy in its entirety. I received thoughtful, knowledgeable, and swift assistance from Aubrey Bettencourt, Mark Cruz, Lanny Erdos, Aurelia S. Giacometto, Casey Hammond, Jim Magagna, Chad Padgett, Jim Pond, Rob Roy Ramey II, Kyle E. Scherer, Tara Sweeney, John Tahsuda, Rob Wallace, and Gregory Zerzan. The author alone assumes responsibility for the content of this chapter; no views expressed herein should be attributed to any other individual.

Introduction

Low 59.2%
Pages: 572-574

— 540 — Mandate for Leadership: The Conservative Promise 24. U.S. Department of the Interior, “Order No. 3354: Supporting and Improving the Federal Onshore Oil and Gas Leasing Program and Federal Solid Mineral Leasing Program, July 6, 2017, https://www.doi.gov/sites/doi.gov/ files/uploads/so_-_3354_signed.pdf (accessed March 16, 2023). 25. U.S. Department of the Interior, “Order No. 3355: Streamlining National Environmental Policy Reviews and Implementation of Executive Order 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,” August 31, 2017, https://www.doi.gov/sites/doi.gov/ files/elips/documents/3355_-_streamlining_national_environmental_policy_reviews_and_implementation_ of_executive_order_13807_establishing_discipline_and_accountability_in_the_environmental_review_ and_permitting_process_for.pdf (accessed March 16, 2023). 26. U.S. Department of the Interior, “Order No. 3358: Executive Committee for Expedited Permitting,” October 25, 2017, https://www.doi.gov/sites/doi.gov/files/elips/documents/so_3358_executive_committee_for_ expedited_permitting_0.pdf (accessed March 16, 2023). 27. U.S. Department of the Interior, “Order No. 3360: Rescinding Authorities Inconsistent with Secretary’s Order 3349, “American Energy Independence,” December 22, 2017, https://www.doi.gov/sites/doi.gov/files/elips/ documents/3360_-_rescinding_authorities_inconsistent_with_secretarys_order_3349_american_energy_ independence.pdf (accessed March 16, 2023). 28. U.S. Department of the Interior, “Order No. 3380: Public Notice of the Costs Associated with Developing Department of the Interior Publications and Similar Documents,” March 10, 2020, https://www.doi.gov/sites/ doi.gov/files/elips/documents/so-3398-508_0.pdf (accessed March 16, 2023). 29. U.S. Department of the Interior, “Order No. 3385: Enforcement Priorities,” September 14, 2020, https:// www.doi.gov/sites/doi.gov/files/elips/documents/signed-so-3385-enforcement-priorities.pdf (accessed March 16, 2023). 30. U.S. Department of the Interior, “Order 3389: Coordinating and Clarifying National Historic Preservation Act Section 106 Reviews,” September 14, 2020, https://www.doi.gov/sites/doi.gov/files/elips/documents/signed- so-3385-enforcement-priorities.pdf (accessed March 16, 2023). 31. Bureau of Land Management, “Updating Oil and Gas Leasing Reform: Land Use Planning and Lease Parcel Reviews,” IM 2018–034, January 31, 2018, https://www.blm.gov/policy/im-2018-034 (accessed March 16, 2023). 32. Lease Now Act, S. 4228, 117th Cong., 2nd Sess. (2022). 33. ONSHORE Act, S. 218, 116th Cong., 2nd Sess. (2019). https://www.congress.gov/bill/116th-congress/senate- bill/218/text (accessed March 18, 2023). 34. Federal Register, Vol. 87, No. 130 (July 8, 2022), pp. 40859–40863. 35. The Biden Administration’s 2023–2028 proposed program is fatally flawed. Katie Tubb, “Comment for the 2023–2028 National OCS Oil and Gas Leasing Proposed Program,” BOEM–2022–0031, October 6, 2022, http:// thf_media.s3.amazonaws.com/2022/Regulatory_Comments/BOEM%202023-2028%20lease%20plan%20 comment%20KTubb.pdf (accessed March 16, 2023). 36. See Inflation Reduction Act of 2022, Public Law No. 117–169, §§ 50261–50263. 37. Tax Cuts and Jobs Act of 2017, Public Law No. 115–97, § 20001, and U.S. Department of the Interior, “Order No. 3401: Comprehensive Analysis and Temporary Halt on All Activities in the Arctic National Wildlife Refuge Relating to the Coastal Plain Oil and Gas Leasing Program,” June 1, 2021, https://www.doi.gov/sites/doi.gov/files/elips/ documents/so-3401-comprehensive-analysis-and-temporary-halt-on-all-activitives-in-the-arctic-national- wildlife-refuge-relating-to-the-coastal-plain-oil-and-gas-leasing-program.pdf (accessed March 16, 2023). 38. In 2016, Interior Secretary Sally Jewell instituted a moratorium on new coal leases while conducting a programmatic environmental impact statement under NEPA to address concerns about competition and inconsistency with the Obama Administration’s climate policy. In 2017, Interior Secretary Ryan Zinke lifted the moratorium and ended development of a programmatic environmental impact statement. In April 2021, Interior Secretary Debra Haaland rescinded Zinke’s order and initiated a new review of the coal-leasing program. See U.S. Department of the Interior, “Order No. 3338: Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program,” January 15, 2016, https://www.doi.gov/sites/doi. gov/files/elips/documents/archived-3338_-discretionary_programmatic_environmental_impact_statement_ to_modernize_the_federal_coal_program.pdf (accessed March 16, 2023); U.S. Department of the Interior, “Order No. 3348”; U.S. Department of the Interior, “Order No. 3398”; and Federal Register, Vol. 86, No. 159 (August 20, 2021), pp. 46873–46877. — 541 — Department of the Interior 39. Katie Tubb, “No More Standoffs: Protecting Federal Employees and Ending the Culture of Anti-Government Attacks and Abuse,” testimony before the Subcommittee on National Parks, Forests, and Public Lands, Committee on Natural Resources, U.S. House of Representatives, pp. 2–4, October 22, 2019, https://congress. gov/116/meeting/house/110104/witnesses/HHRG-116-II10-Wstate-TubbK-20191022.pdf (accessed March 16, 2023). 40. News release, “Secretary Haaland Announces Steps to Establish Protections for Culturally Significant Chaco Canyon Landscape,” U.S. Department of the Interior, November 15, 2021, https://www.doi.gov/pressreleases/ secretary-haaland-announces-steps-establish-protections-culturally-significant-chaco (accessed March 16, 2023); News release, “Biden–Harris Administration Proposes Protections for Thompson Divide,” U.S. Department of the Interior, October 12, 2022, https://www.doi.gov/pressreleases/biden-harris-administration- proposes-protections-thompson-divide (accessed March 16, 2023); News release, “Biden Administration Takes Action to Complete Study of Boundary Waters Area Watershed,” U.S. Department of the Interior, October 20, 2021, https://www.doi.gov/pressreleases/biden-administration-takes-action-complete-study-boundary- waters-area-watershed (accessed March 16, 2023); and News release, “Interior Department Takes Action on Mineral Leases Improperly Renewed in the Watershed of the Boundary Waters Wilderness,” U.S. Department of the Interior, January 26, 2022, https://www.doi.gov/pressreleases/interior-department-takes-action- mineral-leases-improperly-renewed-watershed-boundary (accessed March 16, 2023). 41. Endangered Species Act, Public Law 91–135, § 4(b)(2), and Federal Register, Vol. 85, No. 244 (December 18, 2020), pp. 82376–82389. 42. U.S. Fish and Wildlife Service, “Governing the Take of Migratory Birds Under the Migratory Bird Treaty Act.” https://www.fws.gov/regulations/mbta (accessed March 16, 2023). 43. Dino Grandoni and Anna Phillips, “Biden Restores Climate Safeguards in Key Environmental Law, Reversing Trump,” Washington Post, April 19, 2022, https://www.washingtonpost.com/climate- environment/2022/04/19/biden-nepa-climate-trump/ (accessed March 16, 2023). 44. Donald Trump, “Executive Order on Creating Schedule F in the Accepted Service,” Executive Order 13957, October 21, 2020, https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-creating- schedule-f-excepted-service/ (accessed March 16, 2023). 45. Kathleen Masterson, “Nevada Wild Horse Population Skyrockets To New High,” KUNR Public Radio, July 22, 2019, https://www.kunr.org/energy-and-environment/2019-07-22/nevada-wild-horse-population-skyrockets- to-new-high (accessed March 20, 2023). 46. U.S. Department of the Interior, Bureau of Land Management, “Report to Congress: An Analysis of Achieving a Sustainable Horse and Burro Program,” Fact sheet, May 8, 2020, https://www.blm.gov/sites/blm.gov/files/ Final%20Fact%20Sheet%20WHB%20Report%20To%20Congress.pdf (accessed March 17, 2023). 47. Pendley, Sagebrush Rebel, pp. 45–47. 48. James D. Linxwiler, The Alaska Native Claims Settlement Act At 35: Delivering on the Promise, Rocky Mountain Mineral Law Institute, Vol. 53, Chap. 12 (2007), § 12.03(1)(a)(iv), https://www.guessrudd.com/wp-content/ uploads/sites/1600422/2020/05/The-Alaska-Native-Claims-Settlement-Act-at-35.pdf (accessed March 16, 2023). 49. Ibid., § 12.03(1)(a)(vii). See generally Richard S. Jones, Alaska Native Claims Settlement Act of 1971 (Public Law 92–203): History And Analysis Together With Subsequent Amendments, Report No. 81–127 GOV, June 1, 1981, http://www.alaskool.org/PROJECTS/ANCSA/reports/rsjones1981/ANCSA_History71.htm (accessed March 16, 2023). 50. 43 U.S. Code, Ch. 33. ANCSA also created 12 Native-owned regional corporations and authorized $962 million in “seed money.” Linxwiler, The Alaska Native Claims Settlement Act At 35, § 12.03(2)(e). 51. ANCSA provided that the withdrawal of the lands would expire in 1978 if Congress had not designated the lands as federal enclaves. John K. Norman Cole and Steven W. Silver, Alaska’s D-2 Lands, Rocky Mountain Mineral Law Institute, Vol. 6B, Ch. 5, September 1978, and Raymond A. Peck, Jr., And Then There Were None: Evolving Federal Restraints on the Availability of Public Lands for Mineral Development, Rocky Mountain Mineral Law Institute, Vol. 25, Ch. 3, 1979. 52. Andrus used purported authority under the FLPMA to withdraw 40 million acres, and Carter used purported authority under the Antiquities Act of to withdraw 56 million acres. James D. Linxwiler, The Alaska Native Claims Settlement Act: The First Twenty Years, Rocky Mountain Mineral Law Institute, Vol. 38 Ch. 2, 1992 at 2.04(8)(c), https://ancsa.lbblawyers.com/wp-content/uploads/ANCSA-Paper-with-Table-of-Contents-1992.pdf (accessed March 16, 2023).

Introduction

Low 58.8%
Pages: 569-571

— 536 — Mandate for Leadership: The Conservative Promise 2. Engaging in real-time monitoring of operations. l Reduce bureaucratic inefficiencies by consolidating federal water working groups. l Implement actions identified in the Federal Action Plan for Improving Fore- casts of Water Availability,93 especially by adopting improvements related to: 1. Forecast Informed Reservoir Operations; and 2. Arial Snow Observation Systems. l Clarify the Water Infrastructure Finance and Innovation Act94 to ensure consistent application with other federal infrastructure loan programs under the Federal Credit Reform Act. This should be done to foster opportunities for locally led investment in water infrastructure. l Reinstate Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West.95 AMERICAN INDIANS AND U.S. TRUST RESPONSIBILITY The Biden Administration has breached its federal trust responsibilities to American Indians. This is unconscionable. Specifically, the Biden Administra- tion’s war on domestically available fossil fuels and mineral sources has been devastating. To wit: l The ability of American Indians and tribal governments to develop their abundant oil and gas resources has been severely hampered, depriving them of the revenue and profits to which they are entitled during a time of increasing worldwide energy prices, forcing American Indians—who are among the poorest Americans—to choose between food and fuel. l Indian nations with significant coal resources have some of the highest quality and cleanest-burning coal in the world, but the Biden Administration has sought to destroy the market for their coal by eliminating coal-fired electricity in the country and to prevent the transport of their coal for sale internationally. Meanwhile, the Biden Administration, at great public expense, artificially boosted the demand for electric vehicles, which, because of their remote locations, the absence of increased electricity demands for charging electric vehicles nearby, and the distances to be traveled, are not a choice for Indian communities. — 537 — Department of the Interior l A significant percentage of critical minerals needed by the United States is on Indian lands, but the Biden Administration has actively discouraged development of critical mineral mining projects on Indian lands rather than assisting in their advancement. l Despite Indian nations having primary responsibility for their lands and environment and responsibility for the safety of their communities, the Biden Administration is reversing efforts to put Indian nations in charge of environmental regulation on their own lands. Moreover, Biden Administration policies, including those of the DOI, have dis- proportionately impacted American Indians and Indian nations. l By its failure to secure the border, the Biden Administration has robbed Indian nations on or near the Mexican border of safe and secure communities while permitting them to be swamped by a tide of illegal drugs, particularly fentanyl. l When ending COVID protocols at Bureau of Indian Education (BIE) schools, Biden’s DOI failed to ensure an accurate accounting of students returning from school shutdowns, which presents a significant danger to the families that trust their children to that federal agency. l The BIE is not reporting student academic assessment data to ensure parents and the larger tribal communities know their children are learning and are receiving a quality education. The new Administration must take the following actions to fulfill the nation’s trust responsibilities to American Indians and Indian nations: l End the war on fossil fuels and domestically available minerals and facilitate their development on lands owned by Indians and Indian nations. l End federal mandates and subsidies of electric vehicles. l Restore the right of tribal governments to enforce environmental regulation on their lands. l Secure the nation’s border to protect the sovereignty and safety of tribal lands.

Showing 3 of 5 policy matches

About These Correlations

Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.