[House Report 119-357]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-357
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TO AMEND THE MINERAL LEASING ACT FOR ACQUIRED LANDS TO MAKE THAT ACT
APPLICABLE TO HARDROCK MINERALS
_______
October 31, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3872]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3872) to amend the Mineral Leasing Act for
Acquired Lands to make that Act applicable to hardrock
minerals, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. APPLICATION OF MINERAL LEASING ACT FOR ACQUIRED LANDS TO
HARDROCK MINERALS.
The Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) is
amended--
(1) in section 2 (30 U.S.C. 351)--
(A) by striking ``Act `United States''' and inserting
the following: ``Act:
``(1) United states.--The term `United States''';
(B) by striking ``Alaska. `Acquired lands''' and
inserting the following: ``Alaska.
``(2) Acquired lands; lands acquired by the united states.--
The term `acquired lands''';
(C) by striking ``552). `Secretary''' and inserting
the following: ``552).
``(3) Secretary.--The term `Secretary''';
(D) by striking ``Interior. `Mineral leasing laws'
shall mean'' and inserting the following: ``Interior.
``(4) Mineral leasing laws.--The term `mineral leasing laws'
means'';
(E) by striking ``Acts. `Lease''' and inserting the
following: ``Acts.
``(5) Lease.--The term `lease''';
(F) by striking ``requires. The term'' and inserting
the following: ``requires.
``(6) Oil.--The term''; and
(G) by adding at the end the following:
``(7) Hardrock mineral.--The term `hardrock mineral'--
``(A) includes deposits of--
``(i) minerals found in sedimentary or other
rocks;
``(ii) base metals;
``(iii) precious metals;
``(iv) industrial minerals; and
``(v) precious and semi-precious gemstones;
and
``(B) does not include deposits of--
``(i) coal;
``(ii) oil;
``(iii) oil shale;
``(iv) gas;
``(v) sodium;
``(vi) potassium;
``(vii) sulfur; or
``(viii) mineral materials subject to
disposition under the Act of July 31, 1947,
commonly known as the Materials Act of 1947 (30
U.S.C. 601 et seq.).''; and
(2) in section 3 (30 U.S.C. 352), by striking ``and sulfur''
and inserting ``sulfur, and hardrock minerals''.
Purpose of the Legislation
The purpose of H.R. 3872 is to amend the Mineral Leasing
Act for Acquired Lands to make that Act applicable to hardrock
minerals.
Background and Need for Legislation
H.R. 3872, sponsored by Representative Pat Fallon (R-TX),
would amend the Mineral Leasing Act for Acquired Lands (MLAAL),
clarifying that all federally acquired lands are eligible to be
considered for hardrock mineral leasing.
The MLAAL typically governs mineral leasing on acquired
federal lands. However, while minerals such as coal, phosphate,
oil, gas, gilsonite, and sulfur are listed as ``deposits
subject to a lease'' under MLAAL, the law doesn't reference
hardrock minerals.\1\ As a result, hardrock mineral leasing may
occur only on those acquired lands where specific authority
exists under the statute used to acquire the land in
question.\2\ For example, the Act of June 30, 1950, allows
hardrock mineral leasing on acquired national forest lands in
Minnesota.\3\
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\1\30 U.S. Code Sec. 352--Deposits subject to lease; consent of
department heads; lands excluded, https://www.law.cornell.edu/uscode/
text/30/352.
\2\43 CFR 3503.13, ``For what areas may I receive a hardrock
mineral permit or lease?'' https://www.ecfr.gov/current/title43/
subtitle-B/chapter-II/subchapter-C/part-3500/subpart-3503/subject-
group-ECFRe52b19836ee2e1b/section-3503.13.
\3\16 USC 508b: National forests in Minnesota; authority to
prospect, develop, mine, remove, and utilize mineral resources, https:/
/uscode.house.gov/view.xhtml?req=(title:16%20section:
508b%20edition:prelim).
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MLAAL's omission of hardrock minerals has effectively
locked up federally acquired lands that hold critical mineral
resources. In northeast Texas, for example, the Bureau of Land
Management is unable to even consider leasing for a valuable
lithium deposit because the deposit is located on lands
acquired by the federal government over 80 years ago.\4\
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\4\EMR Majority Staff Correspondence with the Bureau of Land
Management, January 13, 2025.
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H.R. 3872 would address this issue by stipulating that all
federally acquired lands are eligible to be considered for
hardrock mineral leasing under MLAAL. This legislation would
provide the Secretary of the Interior with the legal authority
needed to carry out President Trump's executive order entitled
``Immediate Measures to Increase Mineral Production,'' which
directs executive branch departments to prioritize mineral
leasing and development on federally managed lands.\5\ By
ensuring access to America's vast resources, H.R. 3872 will
help strengthen our economy, bolster national security, and
maintain U.S. leadership in responsible mineral development.
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\5\Executive Order 14241, ``Immediate Measures to Increase American
Mineral Production,'' The White House, March 20, 2025 https://
www.whitehouse.gov/presidential-actions/2025/03/
immediate-measures-to-increase-american-mineral-production/.
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Committee Action
H.R. 3872 was introduced on June 10, 2025, by
Representative Pat Fallon (R-TX). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Energy and Mineral Resources. On September 3,
2025, the Subcommittee on Energy and Mineral Resources held a
hearing on the bill. On September 17, 2025, the Committee on
Natural Resources met to consider the bill. The Subcommittee on
Energy and Mineral Resources was discharged from further
consideration of H.R. 3872 by unanimous consent. Representative
Pete Stauber (R-MN) offered an Amendment in the Nature of a
Substitute designated Stauber_025 ANS. The Amendment in the
Nature of a Substitute was agreed to by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Energy and Mineral Resources
held on September 3, 2025.
Section-by-Section Analysis
Section 1. Application of Mineral Leasing Act for Acquired Lands to
hardrock minerals
Defines hardrock minerals and lists hardrock minerals as
``deposits subject to a lease'' under MLAAL.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Mineral Leasing Act for
Acquired Lands to make that Act applicable to hardrock
minerals.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
MINERAL LEASING ACT FOR ACQUIRED LANDS
* * * * * * *
Sec. 2. As used in this [Act ``United States''] Act:
(1) United states._The term ``United States''
includes [Alaska. ``Acquired lands''] Alaska.
(2) Acquired lands; lands acquired by the united
states._The term ``acquired lands'' or ``lands
acquired by the United States'' include all lands
heretofore or hereafter acquired by the United States
to which the ``mineral leasing laws'' have not been
extended, including such lands acquired under the
provisions of the Act of March 1, 1911 (36 Stat. 961,
16 U.S.C., sec. [552). ``Secretary''] 552).
(3) Secretary._The term ``Secretary'' means the
Secretary of the [Interior. ``Mineral leasing laws''
shall mean] Interior.
(4) Mineral leasing laws._The term ``mineral leasing
laws'' means the Act of October 20, 1914 (38 Stat.
741, 48 U.S.C., sec. 432); the Act of February 25, 1920
(41 Stat. 437, 30 U.S.C., sec. 181); the Act of April
17, 1926 (44 Stat. 301, 30 U.S.C., sec. 271); the Act
of February 7, 1927 (44 Stat. 1057, 30 U.S.C., sec.
281), and all Acts heretofore or hereafter enacted
which are amendatory of or supplementary to any of the
foregoing [Acts. ``Lease''] Acts.
(5) Lease._The term ``lease'' includes ``prospecting
permit'' unless the context otherwise [requires. The
term] requires.
(6) Oil._The term ``oil'' shall embrace all
nongaseous hydrocarbon substances other than those
leasable as coal, oil shale, or gilsonite (including
all vien-type solid hydrocarbons).
(7) Hardrock mineral.--The term ``hardrock
mineral''--
(A) includes deposits of--
(i) minerals found in sedimentary or
other rocks;
(ii) base metals;
(iii) precious metals;
(iv) industrial minerals; and
(v) precious and semi-precious
gemstones; and
(B) does not include deposits of--
(i) coal;
(ii) oil;
(iii) oil shale;
(iv) gas;
(v) sodium;
(vi) potassium;
(vii) sulfur; or
(viii) mineral materials subject to
disposition under the Act of July 31,
1947, commonly known as the Materials
Act of 1947 (30 U.S.C. 601 et seq.).
Sec. 3. Except where lands have been acquired by the United
States for the development of the mineral deposits, by
foreclosure or otherwise for resale, or reported as surplus
pursuant to the provisions of the Surplus Property Act of
October 3, 1944 (50 U.S.C., sec. 1611 and the following), all
deposits of coal, phosphate, oil, oil shale, gilsonite
(including all vein-type solid hydrocarbons), gas, sodium,
potassium, [and sulfur] sulfur, and hardrock minerals which are
owned or may hereafter be acquired by the United States and
which are within the lands acquired by the United States
(exclusive of such deposits in such acquired lands as are (a)
situated within incorporated cities, towns and villages,
national parks or monuments, or (b) tidelands or submerged
lands) may be leased by the Secretary under the same conditions
as contained in the leasing provisions of the mineral leasing
laws, subject to the provisions hereof. Coal or lignite under
acquired lands set apart for military or naval purposes may be
leased by the Secretary, with the concurrence of the Secretary
of Defense, to a governmental entity (including any corporation
primarily acting as an agency or instrumentality of a State)
which produces electrical energy for sale to the public if such
governmental entity is located in the State in which such lands
are located. The provisions of the Act of April 17, 1926 (44
Stat. 301), as heretofore or hereafter amended, shall apply to
deposits of sulfur covered by this Act wherever situated. No
mineral deposit covered by this section shall be leased except
with the consent of the head of the executive department,
independent establishment, or instrumentality having
jurisdiction over the lands containing such deposit, or holding
a mortgage or deed of trust secured by such lands which is
unsatisfied of record, and subject to such conditions as that
official may prescribe to insure the adequate utilization of
the lands for the primary purposes for which they have been
acquired or are being administered: Provided, That nothing in
this Act is intended, or shall be construed, to apply to or in
any manner affect any mineral rights, exploration permits,
leases or conveyances nor minerals that are or may be in any
tidelands; or submerged lands; or in lands underlying the three
mile zone or belt involved in the case of the United States of
America against the State of California now pending on
application for rehearing in the Supreme Court of the United
States; or in lands underlying such three mile zone or belt, or
the continental shelf, adjacent or littoral to any part of the
land within the jurisdiction of the United States of America.
* * * * * * *