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failing to leverage this tool would be a strategic oversight The MCC was established in 2004 through the MCA 2003 it was created with a bold vision: to deliver transformative large-scale development aid to countries that demonstrate a commitment to democratic governance Distinct from traditional United States Agency for International Development (USAID) programming the MCC’s model to date has focused on large five-year grants negotiated on a bilateral basis between the United States and recipient countries known as “compacts,” can range from $100 million to $700 million These compacts fund large-scale infrastructure and policy reform projects in select low- and lower-middle-income countries and can take years to negotiate given the many steps involved (Figure 1) Figure 2 shows how MCC compacts are structured As the number of eligible countries based on the MCC scorecard has decreased over time the MCC was able to award threshold programs which were smaller grants (of one to three years averaging $20 million to $40 million) focused on helping countries address lagging scores on some of the eligibility indicators passed as part of the fiscal year 2025 National Defense Authorization Act expanded the pool of eligible countries to include upper-middle-income countries.  While the DFC and Eximbank play important roles in US foreign economic engagement their tools and mandates differ fundamentally from those of the MCC And while it has mobilized billions in private capital it is limited by its requirement to generate a return on investment the Eximbank supports US exports through loan guarantees and insurance products but cannot invest in upstream development or non-commercial infrastructure the MCC provides flexible grant capital—an asset class that offers strategic advantages for the United States when competing with China’s state-backed investments and concessional financing large-scale grant capital means the MCC can support essential early-stage project development including feasibility studies for mining projects and can enable infrastructure and policy reforms in ways that commercial or quasi-commercial institutions cannot and power infrastructure essential to project bankability—thus paving the way for US private investors and DFC-backed investments to follow which has deep experience working with governments can directly fund regulatory improvements and workforce development—areas that would be off-limits for the DFC or Eximbank In the context of critical minerals that are needed for long-term US national and economic security which limits the DFC’s ability to expand equity initiatives without substantial new congressional appropriations Integrating MCC grant resources into the DFC before DFC reauthorization legislation is passed which may resolve the equity scoring issue could lead to the DFC prioritizing the use of such funds for equity rather than grants While equity is important and the DFC’s equity capacity should be expanded the MCC’s flexible grant-making capacity should be preserved and leveraged to significantly de-risk projects that are of strategic importance to the United States.     In the Trump administration’s ongoing transformation of US foreign assistance and commercial diplomacy architecture there is an opportunity to use the MCC differently—to create an MCC 2.0 that will allow for the strategic deployment of US economic statecraft A reformed MCC—one that loosens eligibility requirements and speeds up compact development while still focusing on critical infrastructure development—would greatly benefit partner countries, particularly in Africa. With annual infrastructure needs exceeding $130 billion African countries are actively seeking partners capable of mobilizing large-scale private investment responding quickly to the demands of their young and growing populations The MCC can be redesigned to operate at the nexus of both African and US national interests.  By simply changing how the MCC operates within its legislative mandate the Trump administration can access a pool of flexible capital that can be redirected to shape critical mineral supply chains in ways that enhance US national security The following points illustrate key areas of flexibility: large pools of grant resources could be strategically directed toward building US partnerships in the mining A generic compact could be signed with a country such as the DRC within three months of determining eligibility (in accordance with the 2023 MCA’s congressional notification requirements) projects could be developed and funded on a rolling basis Figure 3 shows a potential structure for a compact focused on critical minerals the United States and another country could form a joint venture (JV) focused on early-stage exploration The JV would acquire exploration licenses from the country at no charge but would be required to advance licenses from exploration to the pre-feasibility stage within four years This alignment of interests would help fast-track the permitting and government engagement around the deals Once assets have been de-risked enough to generate interest from private investors the JV company would sell down its interest The JV would operate with the highest levels of transparency employing the latest technologies to more accurately assess mining opportunities Equity ownership of the JV could be assigned by the MCC to the DFC (which can legally have equity) or a US trust account and could also include subnational government or community ownership The MCC would seed the JV with initial equity—perhaps $50 million of a $400-million compact—but subsequent rounds could be raised through capital market strategies.  The remaining compact funds would be reserved for the infrastructure necessary for resilient and cost-competitive supply chains—including transport and energy projects the biggest constraint to expanding copper production is the lack of energy resources The Congolese mining sector faces an energy deficit of between 500 megawatts (MW) and 1,000 MW All procurements related to energy and mining-sector investments will incorporate a preference for US companies (an automatic 20-percent bonus point allocation by the Technical Evaluation Panel) The MCC will actively market projects to US companies through public relations and will provide support US companies in due diligence and vetting potential local partners.  As Trump’s first one hundred days draw to a close there is still time for action in regard to the MCC the Trump administration should nominate a chief executive officer for the MCC without delay and while confirmation is pending in the Senate the administration should run the MCC through a beachhead team The MCC 2.0 model can be applied immediately to the DRC deal under consideration or to mining resource-rich countries familiar with the MCC The United States is working to turn around decades of policies that ceded strategic advantage in critical value chains to China The MCC should be seen as a vital part of that effort Aubrey Hruby is a senior adviser and senior fellow at the Africa Center at the Atlantic Council and leads the center’s Critical Minerals Task Force The Africa Center works to promote dynamic geopolitical partnerships with African states and to redirect US and European policy priorities toward strengthening security and bolstering economic growth and prosperity on the continent Access to critical minerals is an urgent national security issue The United States must view investments in African energy and mining—key to securing this access—with similar importance As Africa navigates a shifting global landscape the private sector must help develop strategies that reduce external dependency Concerns are growing—particularly among policymakers and experts in “New South” countries—about the direction in which the international financial system is heading Image: Malawi's President Lazarus McCarthy Chakwera shakes hands with Millennium Challenge Corporation CEO Alice Albright as they celebrate the signing of the Malawi Transport and Land Compact with US Secretary of State Antony Blinken and Malawian Finance and Economic Affairs Minister Sosten Alfred Gwengwe Sign up to receive expert analysis from our community on the most important global issues © 2025 Atlantic CouncilAll rights reserved If refreshing the page doesn't resolve the issue you could try clearing the sites browser cache A Century of Impact is a 192-page hardbound treasure celebrating NPCA’s first 100 years of protecting America’s national parks NPCA is among the groups advocating for mining law reform to better protect national parks and public health Baaj Nwaavjo I’tah Kukveni - Ancestral Footprints of the Grand Canyon National Monument in northern Arizona an area considered sacred by many Tribal Nations in the Southwest and renowned for its natural scientific and historic resources and broad recreation opportunities wildlife habitat and cultural resources that make up the Grand Canyon don’t stop at the borders of iconic Grand Canyon National Park which millions of people from around the world visit every year The park offers protection within its boundaries yet much more is needed to ensure the long-term health of the landscape and the Indigenous communities that have deep connections to it uranium mining threatened the region’s health and safety decades of relentless advocacy led by the Grand Canyon Tribal Coalition (see sidebar) resulted in the designation of Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument San Juan Southern Paiute Tribe and Colorado River Indian Tribes Many Tribal Nations and conservationists cheered But a 150-year-old law — created when people in power didn’t consider the rights and sovereignty of Tribal Nations and viewed public lands primarily as resources to be exploited — allowed the Pinyon Plain Uranium Mine to begin extracting uranium in January 2024 within the boundaries of the newly designated national monument How could this happen on lands that were supposed to be protected from such threats While public support for preserving landscapes such as the Grand Canyon has grown since the 19th century, the 1872 Mining Law hasn’t kept up with the times including the National Parks Conservation Association are advocating for mining law reform to better protect all national parks and public health The landscape within Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument in winter Baaj Nwaavjo means “where Tribes roam” in Havasupai and I’tah Kukveni means “our footprints” in Hopi This national monument in Arizona was designated by the Biden administration in 2023 to conserve nearly 1 million acres of the greater Grand Canyon landscape sacred to many Indigenous peoples It consists of three distinct areas bordering Grand Canyon National Park two located north of the Grand Canyon near Grand Staircase Vermilion Cliffs and Pipe Spring national monuments and one area to the south It extends protection of the Grand Canyon watershed beyond the national park’s boundaries the monument offers 360-degree views of some of the West’s most remote and secluded landscapes The monument is home to endangered species and it protects vital water sources that feed the Grand Canyon’s rivers and creeks Places of deep cultural significance are found throughout the area representing thousands of years of history and traditions A map indicating Pinyon Plain Mine within Baaj Nwaavjo I'tah Kukveni - Ancestral Footprints National Monument Energy Fuels began extracting uranium this year from the Pinyon Plain Mine (formerly known as the Canyon Mine) though the mine operators received permitting from the U.S The mine is located less than 10 miles from Grand Canyon National Park and near Red Butte or “Wii’i Gdwiisa,” a traditional cultural property that is sacred to the Havasupai Tribe The uranium from this type of mine is typically processed for use in nuclear energy production The Kaibab squirrel is found only on the Kaibab Plateau in Northern Arizona including the North Rim of Grand Canyon National Park One of the primary issues is water contamination with growing concerns over impacts to below-ground aquifers that feed the Grand Canyon’s springs The mine sits above two aquifers: the Coconino aquifer Its proximity to Grand Canyon National Park threatens the park’s springs and creeks that are crucial water sources for area residents and visitors The mine poses a particular threat to sensitive and endangered species Mexican spotted owl and Kaibab monkey grasshopper These environmental risks and their impact on Tribal communities have fueled decades-long opposition by the Havasupai Tribe and other Tribal Nations Local communities have expressed strong opposition with city and county officials echoing Tribal concerns residents protesting along the uranium transport route and the Navajo Nation opposing the transport of uranium across its lands This site remains a stark reminder of the long-term environmental damage that uranium mining can cause The broader impacts of uranium mining throughout the Southwest have disproportionately affected Tribal Nations, whose communities are near mining operations, transportation routes and processing facilities. Toxic waste left behind at abandoned mines has led to high rates of cancer and related illnesses which have affected communities for generations The landscape within Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument NPCA played a key role in securing a 20-year moratorium on new uranium mining claims near the Grand Canyon which was an important step in protecting the surrounding landscape The new national monument was intended to build on that moratorium by permanently protecting the Grand Canyon’s rivers waterfalls and creeks from future uranium mining pollution while preserving cultural and archaeological areas But the Pinyon Plain Mine continues to operate prompting widespread calls for its closure and highlighting the urgent need for mining law reform to better protect national parks and monuments President Biden establishes the Baaj Nwaavjo I’tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument in northern Arizona in August 2023 Many people advocated for the creation of the national monument to prevent uranium mining in the region — and the designation stopped hundreds of mine claims from moving forward Yet the Pinyon Plain Mine was allowed to continue operations due to a legal exemption Most mine claims on public lands are governed under the 1872 Mining Law The law allows mining operations to continue for existing mining claims with “valid existing rights.” These are treated as private property rights under 1872 the Mining Law meaning certain mine claims are excluded from new regulations The Pinyon Plain Mine fits that definition A new monument designation often includes a mineral withdrawal a formal process that “withdraws” the land from being governed by the 1872 Mining Law and bans any new mining claims the mine claims at Pinyon Plain had what are known as “valid existing rights.” A “valid existing right” refers to a mine that has gone through a process to prove there is a mineral deposit present and that it is economically viable to extract Once a mine claim is “validated,” it resembles private property meaning the right to mine cannot be revoked even if that land is given new protections There are a few narrow pathways to stop mining operations for claims with valid existing rights One approach is to purchase the mine claim and compensate the claim holder for the value of the mineral deposit Cottonwood trees grow at a spring along the Tonto Trail in Grand Canyon National Park Water along a significant stretch of the trail is undrinkable because of uranium contamination This happened at Grand Staircase-Escalante National Monument when the Clinton administration purchased mining claims before the monument’s designation this can be a costly and complicated process and is not that common thousands of mine claims currently exist within the boundaries of national parks and monuments highlighting the need for updates to the 1872 Mining Law While mining reform is essential for long-term protection of all national parks and monuments, immediate action is needed. In late September, Arizona Gov. Katie Hobbs asked the U.S. Forest Service for an updated environmental review of the Pinyon Plain Mine. NPCA is calling on the Biden administration and Arizona’s Gov Katie Hobbs to close the Pinyon Plain Uranium Mine Closing the Pinyon Plain Mine will protect the Grand Canyon’s water from uranium contamination which is particularly important for the Havasupai Tribe’s Village of Supai Closing the mine will also benefit neighboring communities including the Navajo Nation and the White Mesa Ute Community of the Ute Mountain Ute Tribe by preventing the transportation and processing of uranium Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument is home to this and other endangered species The Pinyon Plain Mine is the most urgent threat within the National Park System but several other parks and protected areas face similar threats from mining operations and exploration Mining companies are currently exploring or developing operations within or near Ash Meadows National Wildlife Refuge Mojave National Preserve and Canyonlands National Park Updating the 1872 Mining Law could prevent future mining conflicts with national parks and ensure that mines like Pinyon Plain are subject to modern regulations higher claim fees and eventual cleanup costs NPCA stands in strong support of our Tribal partners who have been vocal advocates for the closure of the Pinyon Plain Mine It is also important to ensure that Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument is managed with Tribal co-stewardship a key inclusion in its 2023 proclamation as well as respect for cultural values and sites It is and always has been a key part of the long-term vision for the monument As the Energy and Public Lands Policy Manager for the Government Affairs team Charlie advocates for a clean energy transition on public lands and waters as well as policies to help protect and preserve parks Sanober joined NPCA in September 2023 as the Arizona Program Manager Caitlyn Burford joined NPCA in 2023 as a communications manager representing the Northwest along with NPCA’s work on national energy policy threatened conservation rules and censored our nation’s history But we think there’s still time to reverse course "This expected rescission is not just a bureaucratic rollback but a fundamental rejection of the idea that our public lands should serve all people "National parks and their surrounding landscapes are not industrial mining zones They are cherished landscapes that belong to all Americans meant to be protected from rushed and reckless energy development."—NPCA’s… There is little to like about the Energy Permitting Reform Act of 2024 It would increase oil and gas extraction on public lands and lock us into fossil fuel consumption for decades at terrible cost to the climate and the health of frontline communities.  It would also strip away the few protections that exist to protect against irresponsible mining on public lands—and curtail the rights of impacted communities to seek justice in the courts. This bill is a massive giveaway of public lands to mining corporations. It doubles down on the already inadequate and out of date 1872 mining law by giving the industry privileged status over other uses of public lands including  Indigenous Peoples’ cultural sites and safeguarding drinking water supplies.  which can all be found in Section 210 of the bill Section 210 of the Energy Permitting Reform Act would shift power away from communities It would give the mining industry even greater control over public lands than they already enjoy under the regressive 1872 Mining Law This bill would make it easier for mining companies to claim rights to land that has already been taken from Indigenous Peoples the vast majority of minerals needed for electric vehicle batteries and other renewable energy technologies are found on or near Indigenous Peoples’ land Want more information? Read more in our blog about the full bill New Report Hammers Vale S.A.’s Brazilian Mine Operations Community-Led Water Testing in the Dominican Republic Increasing US Mining While Reducing Oversight Puts Frontline Communities at Further Risk Panamanian Organizations Sound the Alarm about Reopening First Quantum’s Cobre Panama Mine Fighting Mining Injustice "Critical and Strategic" Minerals 200061-202-887-1872 • info@earthworks.orgEIN/Tax ID: #52-1557765 Fight Trump's destructive agenda all year updates and insights directly to your inbox President López Obrador (AMLO) proposed a constitutional reform prohibiting open-pit mining concessions and fracking Such a reform proposal addresses concerns about environmental damage and aims to protect ecosystems while preventing water shortages in nearby communities It would significantly limit water exploitation in areas facing water scarcity if approved AMLO has criticized the mining contracts with private companies signed by his predecessors and stated that his administration had not granted any new concessions The reform proposal is expected to be debated by the newly formed Congress there is no specific date for its discussion Mining Sector Assessment: The reform represents a significant shift in the country’s environmental regulation and resource extraction approach constituting 15.8% of global silver reserves (8.3% zinc Many of these minerals are extracted through open-pit mining; 97 of the country’s approximately 250 active mines use this method The main reason for the proposed reform is to prevent environmental harm These bans would limit the capacity to transform the country’s natural resources into development opportunities and could affect the transition to clean energy Will the reform proposal solve water scarcity and mining pollution The reform does aim to alleviate environmental damage and reduce water consumption for industrial purposes open-pit mining can adhere to environmental standards and protections promoting responsible open-pit mining could help increase the production of essential and critical minerals This ban could jeopardize Mexico’s mining sovereignty potentially making national industries dependent on imports the reform proposal could economically affect regions of the country that rely heavily on mining Mexico must urgently create and implement a strategy that tackles infrastructure and geographical and population distribution challenges to solve water scarcity issues prohibiting fracking and open-pit mining and limiting water concessions in water-scarce areas will not solve Mexico’s water scarcity issue entirely Consequences for Mexico and the US-MX bilateral relationship: An official website of the United States government You are viewing ARCHIVED content published online before January 20, 2025. Please note that this content is NOT UPDATED, and links may not work. Additionally, any previously issued diversity, equity, inclusion or gender-related guidance on this webpage should be considered rescinded. For current information, visit https://www.doi.gov/news/newsroom Recommends modernizing 1872 Mining Law and administrative actions; includes over 60 steps to improve permitting Date: Tuesday, September 12, 2023Contact: Interior_Press@ios.doi.gov The report will inform efforts to modernize the Mining Law of 1872 and related federal permitting processes as part of the Administration’s efforts to increase domestic supplies of critical minerals and uphold the strongest environmental the Interior Department launched the IWG to review laws policies and permitting processes pertaining to hardrock mineral development Recommendations in today’s report will help ensure a sustainable and responsibly sourced domestic supply of minerals which are key to meeting the nation’s climate infrastructure and global competitiveness goals “To meet the needs of the clean energy economy while respecting our obligations to Tribal Nations we need a modernized approach to make sure mining in this country is sustainable responsible and efficient,” said IWG Chair and Deputy Secretary of the Interior Tommy Beaudreau. “The Biden-Harris administration is committed to a whole-of-government effort in coordination with federal state and local partners to update our mining policies and promote the sustainable and responsible domestic production of critical minerals.” “The Department of Energy strongly believes sustainability throughout the supply chain is paramount as this Administration continues to invest in America through the development of next generation clean energy technologies We are committed to engaging communities—ensuring we provide secure and environmentally-friendly ways to source critical minerals and raw materials,” said Deputy Secretary of Energy David Turk “This report represents months of interagency policy work and over 50 meetings with industry labor unions and tribes across the country following the President’s Day One Executive Order on strengthening America’s Supply Chains,” said Deputy Assistant to the President and Deputy Director of the National Economic Council Joelle Gamble. “Securing a safe sustainable supply of critical minerals will support a resilient manufacturing base for technologies at the heart of the President’s Investing in America agenda The report provides more than 60 recommendations to Congress and federal agencies including for increasing public and Tribal engagement making permitting processes more consistent and predictable for industry and protecting impacted communities and workers as well as the environmentally and culturally sensitive lands they cherish The report also identifies reforms to revitalize federal support for research into advanced lower-impact mining and exploration technologies and methods and the need for increased resources to address the legacy of abandoned and unreclaimed hardrock mining sites that continue to pollute land and water throughout the country The report was informed by input received at dozens of meetings — including with industry and the public — multiple government-to-government consultations with Tribes and a review of over 26,000 comments from the mining industry the IWG concluded that fundamental reform of the Mining Law of 1872 – the 151-year-old law that still governs access to mineral resources on hundreds of millions of acres of public land in the United States – is necessary to achieve the best outcomes for communities and Tribes impacted by mining The report recommends that Congress work with the mining industry and federal agencies to craft a transition to a new leasing system that increases certainty and stability for industry strengthens domestic mineral supply chains and fosters early and meaningful community engagement while protecting existing mining claims and ensuring that an orderly transition does not disrupt near-term needs for securing responsibly-sourced critical minerals.  the IWG report makes dozens of recommendations for federal agencies that can be undertaken without Congress including that federal permitting agencies adopt identified best practices for engagement with early and extensive engagement with applicants and impacted communities and Tribes prior to the start of the formal environmental review process  This can help alleviate conflicts and speed permitting reviews while improving outcomes for public health and the environment The IWG report also encourages exploration and mining companies to adhere to established best practices such as beginning community and Tribal engagement at the earliest possible stage providing financial support to allow communities and Tribes to hire independent technical experts developing community and Tribal benefit agreements and considering independent and transparent reporting of air and water pollution monitoring data The IWG report recognizes that the rapidly increasing demand for critical minerals will drive a surge in mine planning The report therefore recommends increased investment in mining-related training and agency resources to increase pre-application engagement and efficiently coordinate and complete environmental and permitting reviews The IWG report responds to the Bipartisan Infrastructure Law’s direction to federal agencies to report to Congress on recommendations to improve mineral permitting and to coalitions of Tribes and mining groups that independently filed rulemaking petitions requesting mining reforms within 90 days the Interior and Agriculture Departments will develop a performance metric to track improvements in permitting timelines The report follows a previous announcement from the Interior and Agriculture Departments on steps to implement new regulatory and policy recommendations designed to protect Tribal interests and resources from the impacts of mining increase Tribal engagement in mining proposals and promote well-designed mining activity that accounts for climate change and current standards and technologies.  Trump’s declaration of a National Energy Emergency Department of the Interior will implement emergency permitting procedures to accelerate the development of domestic energy resources and critical minerals Secretary Doug Burgum toured Range Resources’ frac site in Washington County Pennsylvania where he discussed how President Trump’s executive orders are driving domestic energy growth Secretary of the Interior Doug Burgum today directed the National Park Service to implement an Executive Order from President Donald J aimed at enhancing public safety and cleaning up NPS lands in the District of Columbia The new directives focus on revitalizing public spaces addressing crime and making the nation's capital both cleaner and safer for both residents and visitors This page was not helpful because the content: Sign In Register While many business leaders in the resources sector are exercised over the threats of American tariffs on Canadian exports a policy creating even greater angst for prospectors and junior miners in B.C is a domestic one – revisions to the B.C Mineral Tenure Act – a hot topic at this week’s annual Association of Mineral Exploration (AME) Roundup conference Revisions to the “free entry” claim staking process in B.C and there are fears that it will put a major chill on investment in mineral exploration in B.C prospectors will no longer be able to stake claims in secret First Nations with rights and titles claims to the area in which claims are filed will have to be notified Prospectors say this is akin to making proprietary information public and will deter them from staking claims in B.C very concerned about what is going to happen now with the Mineral Tenures Act,” B.C Conservative Leader John Rustad said at a morning session at Monday's Roundup “It has the potential to significantly impact exploration in British Columbia.” According to data provided Monday morning by the B.C claim activity areas were slightly larger in 2024 but investment in exploration was down director for the BC Mineral Development Office and BC Geological Survey Lower steelmaking coal prices in 2024 were offset by higher gold and copper prices Exploration investment of $552 million in 2024 was down 14 per cent compared to 2023 ($643 million) there was a 15 per cent drop in drilling – a key metric for exploration Uncertainty over new rules coming for claim staking under a revised Mineral Tenure Act is expected to result in a decline in early stake prospecting “While we do not yet have updated mineral claim staking statistics we expect to see a corresponding drop in activity in 2024,” said AME CEO Keerit Jutla in turn, lead to less mineral exploration activity." Changes to the Mineral Tenure Act were made in response to a court ruling which found the process for staking claims violates the right of First Nations to be consulted on resource activities in territories where they assert aboriginal rights and title.  The new policies on claim staking will oblige the government to notify First Nations of any claims being staked in their traditional territories After a small gold mining operation on Banks Island was shut down several years ago for multiple permitting violations the Gitxaała Nation launched a legal challenge They asked the courts to quash several mineral claims on Banks Island and to change the “free entry” claim staking process The court declined to nullify existing claims but did find that the current claim-staking process was a violation of the Crown’s duty to consult since claims can be staked without anyone’s knowledge The NDP government did not appeal the ruling and embarked on a process to revise the Mineral Tenure Act with the changes coming into effect in March the Gixtaala are appealing the court ruling to the BC Court of Appeal The Gitxaala are seeking a declaration from the courts that B.C.’s Mineral Tenure Act regime is a violation of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) While the exploration sector says the new claims-staking process under a revised Mineral Tenure Act goes too far the Gitxaala say it does not go far enough characterizing it as “no more than a glorified ‘referral’ process.” Rustad said DRIPA is driving policy shifts like the recent Mineral Tenure Act revisions that are creating too much uncertainty in B.C While he said the United Nations Declaration on the Rights of Indigenous People (UNDRIP) is a good guide should the Conservatives ever form government along with the changes to the Mineral Tenure Act something that government needs to work with with First Nations and relationships,” Rustad said “But the DRIPA legislation…creates way too much uncertainty and problems on the landscape.” To address uncertainties over aboriginal rights and title Rustad said a Conservative government would focus on resolving outstanding aboriginal title questions [email protected] twitter.com/nbennett_biv was presented to the National Assembly (Quebec). Bill 63 marks the first significant reform of the Mining Act since 2013 and is deemed by the Ministère des Ressources Naturelles et des Forêts (MRNF) to aim at enhancing transparency providing a better framework for exclusive exploration rights maximizing the benefits of extracted mineral resources and increasing overall efficiency for the entire Quebec mineral industry along with the recent introduction of the new Impact Exploration Authorization (IEA) reflects the Quebec government’s overall aim at modernizing mining laws in Quebec to further protect the environment and local communities Among the many significant updates brought by Bill 63 a considerable change consists of the replacement of the term “claim” with “exclusive exploration right.” This terminological change is indicative of Quebec’s shift away from the free mining regime as it is concurrent with the implementation of new methods for granting as well as certain conditions governing its exercise with respect to exclusive exploration rights renewals the modifications impose a minimum requirement regarding the cost of work executed holders of such rights will only be able to renew or sell their rights once 90% of the planned exploration work has been carried out They are also required to pay the minister an amount equal to twice the difference between the minimum cost of the work that should have been performed and the work reported While these stricter requirements may impact investments in the mining sector they nonetheless serve to prioritize legitimate mining projects by curtailing the acquisition of rights for the sole purpose of upselling With approximately 350,000 claims in Quebec it is estimated that solely 13% to 17% are currently undergoing active work other updates regarding mining rights include the addition of “minerals and crystals” to the resources defined as “surface mineral substances.” Therefore any exploitation of such resources now requires a lease for the exploration of surface mineral substances Bill 63 also provides that the mining of mining residues is now subject to the obligation of obtaining a mining lease to harmonize mining operations with Indigenous activities related to food Bill 63 introduces a new provision that facilitates Indigenous participation in the delimitation of land boundaries by allowing the government to enter into agreements with the respective Indigenous communities Likely in response to the consultation reports by the MRNF from spring 2023 which provided an opportunity to gather the concerns and ideas of the public and various stakeholders interested in the subject Bill 63 will prohibit the mining or prospecting on lands in the private domain and within urbanized perimeters any mineral substance that forms part of the private domain is withdrawn from prospecting exceptions may be made at the request of municipalities and in such cases mining exploration will still require the consent of the landowners Bill 63 provides that all new mining projects in Quebec will now be subject to the environmental impact assessment and review procedure provided under the Environment Quality Act (EQA) Such change will update the obligations and process for rehabilitating and restoring mining sites to introduce an obligation for the holder of a mining lease to perform monitoring and maintenance to ensure follow-up on the holder’s rehabilitation and restoration work Bill 63 provides for a reform of the Mining Act and related regulations by providing for further environmental protection increasing ministerial powers to ensure regulation of mining activities safeguarding of the interests of Indigenous communities and prohibiting excavation on certain lands By introducing stricter requirements for exploration rights and ensuring sustainable development Bill 63 seeks to create a more accountable and efficient mineral industry in Quebec.  François Brabant is a partner at Dentons Canada and the leader of the securities and corporate finance group in the Montreal office He practices securities and corporate finance David Gravel is a senior associate at Dentons Canada in the corporate group of the Montreal office His practice focuses on M&A and securities law The authors would like to thank Ana Grubac and website in this browser for the next time I comment Δdocument.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Canadian Mining Journal provides information on new Canadian mining and exploration trends corporate developments and industry events graphics and text) and Lúcio Lambranho (research the reduction of the rural exodus and environmental protection especially in the states of Amazonia and the Northeast are threatened by the greed of mining companies attracted by the search for critical minerals in the country This is what the exclusive research carried out at the request of the Mining Observatory by Catarina LAB (Laboratory for Innovation in Journalism) shows about the interference of mining requirements related to strategic substances for the energy transition in settlements created by agrarian reform in Brazil The analysis identified 3,391 mining processes with overlaps in 1,432 areas demarcated by the National Institute for Colonisation and Agrarian Reform (Incra) The distribution of these exploration interests covers 25 Brazilian states Almost half of the mining projects in search of strategic minerals that interfere with rural settlements are in the Legal Amazon which concentrates 52 per cent of the mining areas in settlements there are 1,765 mining projects overlapping with 729 settlements with 1,207 mining processes in 460 settlements The Northeast is the region with the second highest number of mining processes with overlaps in rural settlements accounting for 40 per cent of the occurrences Bahia (426 mining processes in 188 settlements) and Ceará (358 processes in 177 settlements) concentrate a large number of areas in conflict Minas Gerais stands out with 82 processes overlapping 37 settlements Of the 3,391 mining processes with interference in rural settlements 1,938 are at the research authorisation stage and 694 are at the research application stage At least 108 processes are at the mining application stage and 70 are at the mining concession stage Noteworthy is the large number of processes in the availability (322) and fit for availability (231) phases which although active in the ANM system indicate that they will be returned to the agency and can be requested by other mining companies the agency selects interested parties to continue exploration that had already been granted withdrawal and renunciation of the mining right) lost the right to carry out the projects The research considered key substances for the energy transition according to the International Energy Agency standard The list of companies with the highest number of requests regarding rural settlements includes multinational giants such as Luxembourg-based Nexa Britain’s Anglo American and Switzerland’s Glencore Observatório da Mineração will look at how these interests have affected settlements in different regions of Brazil Feature photo: Production of Brazil nuts by the indigenous Gavião people / Ingrid Barros / Mining Observatory After the National Institute for Colonisation and Agrarian Reform (INCRA) issued Normative Instruction 112 on 22 December 2021 which established rules for the use of settlement areas by projects for mining activities as well as energy and infrastructure projects 982 processes with 1,337 overlaps in settlements have been opened since the beginning of 2022 Most of them are still at the stage of applying for research and research authorisation six are available and three have applications for mining Since the INCRA rule was issued under the Bolsonaro administration social movements linked to the struggle for land and agrarian reform have been trying to overturn the rule which opens up the possibility that the right to land and its social use in settlements already regulated by the federal government will be less than that of miners to exploit these minerals But attempts to stop the greed of mining companies which has generated even more conflict in the countryside in regions already torn apart by land disputes have yet to win the support of even the Lula administration which is following the logic of the previous government of prioritising the business that can be generated This includes promoting international agreements with little transparency and no guarantees for traditional communities and the environment with the big players interested in Brazil’s potential such as in the rapprochement with the United States The rights of the settlers still seem to be less important than those defined in Brazil’s Pro-Strategic Minerals Policy (PME) created during the Jair Bolsonaro administration to incentivise projects to produce strategic minerals ‘for the country’s development’ The PME still in force opted not to use the term ‘critical minerals’ which allowed for the inclusion of substances that have no relation to the energy transition Even without a focus on climate adaptation the PME in Brazil has been the basis for investments aimed at the climate issue in the mining sector the National Bank for Economic and Social Development (BNDES) and mining company Vale announced the creation of an investment fund focused on energy transition projects with contributions of up to R$250 million from the public bank The fund lists practically the same substances as the PME The new Growth Acceleration Programme (PAC) also provides for public investment of around R$281 million by 2026 in mineral research for the energy transition as part of the ‘Right to Land and Territory’ series Fase (Solidarity and Education) published a technical note against INCRA’s rule: ‘Can mining override agrarian reform?’ with the support of 12 other organisations calling on the current government to revoke the text the legal and political analysis of the note states that INCRA’s procedure ‘weakens the agrarian reform policy insofar as it creates provisions that make it easier to make settlement areas available to mining and large economic projects bypassing the existing procedures for analysing the (in)compatibility between the nature of these projects and the destination given to the area for agrarian reform purposes’ Before the signing of this technical note and the formation of a coalition of organisations opposed to the opening of mining in settlements two other documents had already called for the revocation of the normative instruction One of them came from the Federal Public Defender’s Office in the November 2022 ‘Notes for transitional justice after the 2022 elections: A normative and public policy analysis’ The text suggests the repeal of IN 112/2021 this rule leads to the ‘emptying of the agrarian reform policy the transformation of settlements into financial assets and the “fuelling of conflicts in the countryside” A document issued on 19 June 2023 by Cláudia Maria Dadico director of Mediation and Conciliation of Agrarian Conflicts at INCRA The lack of definition in the Lula III government coupled with the drop in land reform actions especially those linked to the settlers’ struggle for access to land ‘Allowing mining to go ahead in settlement areas was a cowardly act that settlements are created for food production We defend the idea that land should be understood as a space for environmental protection and a space where people can live a healthy life Secretary for Agrarian Policy at the National Confederation of Rural Farmers and Family Farmers (Contag) According to the organisation’s leader the current government is finding it very difficult to do what ‘the government itself wants’ Regarding the revocation of Incra’s rule the government has ‘its hands and feet tied’ ‘We know that there are ministries that are part of the government that don’t give a damn about life in the countryside defends economic expansion with a view to making money whether in the production of agribusiness commodities or in mining,’ he says agrarian reform in Brazil has still not made any progress especially since the fall of President Dilma in 2016 despite the announcement that 700 civil servants will be hired for INCRA this contingent will be insufficient when it is divided into the federal agency’s 30 superintendencies ‘The answers the government has been giving don’t meet our needs So much so that the announcement made last week in Minas Gerais to settle just over 12,000 families in new settlement projects doesn’t make sense because we have almost 150,000 families registered The government has a certain desire to carry out agrarian reform but the rest of the national congress is against it The big challenge for the social movements is to try to get the next Congress to take a different view of agrarian reform,’ he says one of the coordinators of the MST in Mato Grosso believes that the government acts in two dimensions of Brazilian society which is the strongest and which rules Congress and the Judiciary and also even a political project that doesn’t face up to this situation And the regulations say that one of the winners is the workers especially during the Bolsonaro administration and even now are driven to encourage mining in peasant and quilombola areas ‘What kind of gains did INCRA think it would make with these regulations If it was something justified for expropriation because then you’d have to dispossess people make them landless so they could settle again ‘It’s the capital of mining companies and corrupt Incra officials who would gain from this But we also have no doubt that there are sectors within Incra itself that would be corrupted by encouraging the settlers to accept mining,’ he adds mentioning that in one settlement in Mato Grosso officials from the federal agency went to the settlers to encourage an agreement with mining companies a historian and member of the Movimento Xingu Vivo para Sempre (MXVPS) also defends the revocation of the normative instruction but believes that this act would not be enough to solve the problems in the settlements related to the lack of support for production and the sustainability of the families ‘We need to create and establish rules that can be followed within the legal parameters for the future exploitation or otherwise of a settlement.  Directed towards the interests of the settlement and the settlers so that they can be in a position to produce You can’t put something on the scales and say that gold weighs more than a kilo of beans,’ he says this normative instruction comes as part of a process without a debate in society about what is wanted for the future of the country and without consultation with the rural settlers ‘We understand that it is not a question of prior consultation but that it is necessary to listen to the settlers We know that many settlements have deficits they don’t have structures for their production and many settlers are abandoned in this process because of Incra’s difficulty in fulfilling its mission and also because of the logistical difficulty of personnel the normative instruction tramples all over this process and hands over what is the Union’s patrimony and what would be Incra’s fundamental mission ‘We believe that fundamentally the state and the government should guarantee agrarian reform guarantee structure and conditions for the settlers and those who demand land to produce food,’ he says that it grants concessions over settlement areas and that ‘in principle’ there is no legal prohibition on rejecting a request for a title that overlaps with areas destined for settlement projects nor is there ‘any motivation to annul acts of authorisation or granting of processes inserted in settlement projects’ The regulatory agency also states that it ‘does not have a special procedural rite for areas included in settlement projects’ And that Normative Instruction 112/2021 only applies to processes being processed by INCRA The last attempt to stop mineral exploration in settlements took place in 2009 according to the opinion of the Federal Public Defender’s Office of November 2022 calling for the revocation of the normative instruction INCRA considered mining activity incompatible when the undertaking directly affected the development of the settlement project or when it required the relocation of families or caused significant environmental damage as well as when there is any conflict of interest the ordinance led to a letter from INCRA to the then National Department of Mineral Production (DNPM) requesting that the agency which was abolished with the creation of the current regulatory agency in 2017 ‘no longer grant mining titles in areas where families would be settled for land reform purposes requiring the blocking of the area subject to expropriation for social purposes’ And that in order to ‘resolve this conflict’ a working group was set up made up of members from the technical and legal areas of both authorities – by means of Joint DNPM-INCRA Ordinance No according to the ANM’s response sent to the Mining Observatory ‘Since both activities – mining and land reform – enjoy constitutional protection the conflict between them must be resolved by the state through an understanding built by both authorities based on the characteristics of each specific case negotiations have not progressed and have not culminated in the publication of any regulations,’ says the regulatory agency The Mining Observatory has been trying since 11 March to hear from INCRA about the overlapping mining processes in the settlements and the requests to revoke the normative instruction We still haven’t been able to get a response to our enquiries despite exchanges of messages and phone calls with the communications department The space remains open for the federal agency responsible for land reform to comment Besides having the largest number of critical mineral interest processes overlapping rural settlement areas in Brazil in the same area claimed by large mining companies access to land and water that could further complicate the lives of rural workers and food production In INCRA’s settlements located in cities in Pará marked by conflicts in the countryside the research found 372 processes with 689 overlapping areas requested by mining companies at the ANM for the extraction of copper This section of southeast Pará is part of the reality in Pará which leads the ranking in the whole country Vale is the main company identified and the mining company’s interest is centred on the extraction of manganese most are in the research phase at the National Mining Agency (ANM) but five are already in the more advanced mining phase one of the demarcated areas with the highest number of processes and which Vale is targeting nickel and copper exploration Questioned by this report about the overlapping of processes of interest in settlements Vale claims that mining rights involve several stages and that ‘most investments in research do not result in the discovery of a mineral deposit’ and that even in those that are ‘successful’ having a mining right in a settlement area does not mean that a mineral project will be realised there,’ says Vale A empresa também acredita que “informações constantes no site da ANM podem estar em processo de atualização o que pode gerar análises imprecisas sobre a real titularidade das empresas em relação a seus direitos minerários vigentes” Another company that appears among the processes in the southeastern region of Pará with overlapping settlements is Codelco do Brasil which focuses on copper and is a subsidiary of Chile’s Codelco one of the largest copper companies in the world The Observatory asked Codelco for a position on the processes but as of the closing of this publication we had not received a response The space remains open for the companies to comment has an area of more than 400,000 hectares that is more than 33 per cent occupied by mineral activity the world’s largest commodities trader The company has registered 47 processes for bauxite extraction 44 of which are among the last stages before the ANM for mining concessions thus beginning during the military dictatorship The impacts and risks caused by MRN have been felt by the settlers riverine communities and quilombolas who live around the Flona for years As the Mining Observatory revealed in January 2024 records show dozens of alterations to MRN dams in Pará and quilombola and riverine families fear disasters a settler who has lived in the region since 1993 and even before the creation of the Sapucuá Trombetas PAE (Agro-Extractivist Settlement Project) settlement in 2009 where 1,202 families are settled according to Incra data says that everything has changed for the communities since the company started operating in the region ‘Everything here is below this huge project And there are 16 communities on Lake Sapucuá after this tailings pond We live below it and we’ve already noticed a decrease in fish and the jaguars that live in their habitat are leaving there going down and coming to areas near the houses,’ the farmer told Observatório da Mineração Map of PAE shows proximity to Flona and MRN operations / CPISP MRN replied that ‘it has no mining rights overlapping with any settlement All of its mining rights in the state of Pará are located within the boundaries of the Saracá-Taquera FLONA’ Although they live on the outskirts of the Flona quilombolas and riverine communities feel the pressure of mineral expansion This inequality in access and prerogative of use has been studied and criticised for many years by various researchers as this report by the São Paulo Pro-Indian Commission exemplifies The Flona’s 1989 creation decree allows mineral activity The Flona concentrates the operations of the company that produces 12.5 million tonnes of bauxite every year which becomes aluminium in the production chain used in various renewable energies and in the manufacture of countless products is exported to three continents and uses a complex of 29 tailings dams Even though there is a settlement with the same name as the Flona and the same area as well as around 300 settled families according to the official document INCRA has so far not clarified whether there is also a rural settlement inside the Flona mitigate or compensate for the socio-environmental impacts identified and dealt with within the legal framework of the federal licensing process to which it is subject collected over more than a decade of monitoring indicate that there are no significant environmental impacts in this region.’ The mining company states that it ‘carries out around 60 initiatives which seek to provide adequate compensation to the communities in its area of influence These are projects that combine environmental preservation with income generation safeguarding the culture and way of life of the communities and also integrating them with their development aspirations for the future’ and that “it is committed to leaving a legacy for the region enabling a positive transformation in the surrounding communities” Zoning map of the Flona shows the primacy of mining occupation in the heart of the National Forest a member of the national coordination of the Movement for Popular Sovereignty in Mining (MAM) explains that mineral exploitation in settlements is already taking place especially in the region where the largest number of mining processes are located in Pará including one by the Federal Police in May 2024 which deactivated a clandestine manganese mine inside an Incra settlement project in Pará the project area is located in Cumaru do Norte in the southeast of the state and on the border with the Kayapó Indigenous Land a fraction of the local bourgeoisie that made a lot of money with the construction of the Grande Carajás project but forty years later these steel centres were imploded because there was no forest left It associated itself with Bolsonaro and went to do this corporate ‘wildcat’ mining which is done with backhoes that turn the soil over and the miner is a mere worker which has generated a wave of these clandestine artisanal mining operations in many settlements in the region,’ explains Trocate Trocate in the countryside of Parauapebas / Ingrid Barros / Mining Observatory the opening up to industrial exploitation by mining companies will have even worse consequences for agrarian reform settlers and the region ‘Instead of this opening up to mining in the settlements being a redemption it will be our curse because there is already a lack of areas for food production,’ he says a professor at the Federal University of Southern and Southeastern Pará (Unifesspa) says that ‘a set of interests and a set of conflicts’ overlap in the region and then encouraged mining projects after the 1980s ‘It’s important to realise that this is a very tense and problematic situation basically because it’s becoming increasingly clear that the territory where the Amazon biome is located is a territory that has a set of extremely dense and rich mineral provinces and contradictorily has a set of people who live on these mineral provinces,’ says the researcher Giliad Silva in interview / Ingrid Barros / Mining Observatory these places already had a set of tensions in the field of disputes over territory 1990s and a part of the 2000s were years of not only discovery but also the search to identify or quantify the size of this wealth,’ he says the region is likely to experience an ‘acceleration of conflicts’ ‘The perspective we can see is one of deepening conflicts where the role the State will play will be increasingly fundamental whether it will be a role of intensifying conflicts or a role of In another part of the note sent to the Mining Observatory Vale suggests that there is no illegality in the settlement processes since INCRA’s Normative Instruction 112/2021 a rule that rural social movements have been trying to revoke since the beginning of the current Lula 3 government ‘The possibility of mining or other projects overlapping with settlement areas is a situation provided for by law and regulated by the National Institute for Colonisation and Agrarian Reform (INCRA) itself Vale strictly complies with the legislation with respect for human rights and with dialogue with the competent bodies and the community as a premise for its actions,’ the statement said IN 112 established rules for the use of settlement areas by mining projects 982 mining processes have been opened with 1,337 overlaps with settlements Among the settlements most impacted by the search for strategic minerals This new chapter in the search for essential minerals for renewable energies and the manufacture of electric cars could worsen the history of a region already marked by violence and land disputes In a meeting this month with Paulo Teixeira minister of the Ministry of Agrarian Development and Family Agriculture (MDA) an organisation that gathers data on conflicts in the countryside said that the last decade has been marked by a ‘counter-reform of the land’ And that there has been a rise in ‘mining and energy projects’ as ‘dominant forces in the Brazilian countryside’ The booklet Conflitos no Campo 2024 will still be released by the organisation in April 2025 but the figures from the 2023 report show that Pará is in second place for conflicts among the states the CPT registered 34 water conflicts involving mining companies and garimpo which together account for 17 per cent of the conflicts registered the New Social Cartography of the Amazon Project (PNCSA) already pointed out in a study the problems of settlements and encampments in the region Support organisations and encamped farmers report that the area under Vale’s control today affects old and new agricultural settlements set up by the state This would be the case of the areas that once comprised the Settlement Projects Carajás I which are now affected by mining activities and other issues are classified as ‘Terra Legal’ Park areas mining and reforestation in return for the areas impacted by mining projects has the largest portions of land in the region ‘The concentration of land goes even further and that promoted by these projects is not restricted to the exploration area itself which allows for greater control over natural resources,’ adds the PNCSA study there was an attack by security guards hired by Vale Around 150 people were surprised by rubber bullets fired at close range and gas bombs while they were praying in Parauapebas (PA) but the case has gone unpunished ever since and an enquiry opened by the Federal Public Prosecutor’s Office (MPF) into flaws in the Pará Civil Police’s investigation was closed in June 2022 Vale claimed that its security guards acted in ‘self-defence’ but the farmers said that no one was armed (Photo: personal archive) The southeast of Pará is marked by massacres such as that of the 19 landless campers in Eldorado dos Carajás (PA) in 1996 are caused by Vale’s new projects and the siege of illegal mining in the region shows that Vale bought 58,400 hectares of land in the Carajás region between 2000 and 2011 At least 41 per cent (24,000 hectares) are public lands belonging to the Union and settlements belonging to Incra O Observatório da Mineração precisa do apoio dos nossos leitores com o objetivo de seguir atuando para que o neoextrativismo em curso não comprometa uma transição energética justa É possível apoiar de duas formas. No PayPal, faça uma assinatura recorrente: você contribui todo mês com um valor definido no seu cartão de crédito ou débito. É a melhor forma de apoiar o Observatório da Mineração Aceitamos ainda uma contribuição no valor que desejar via PIX para o email: apoie@observatoriodamineracao.com.br (conta da Associação Reverbera) O Observatório da Mineração é um centro de jornalismo investigativo e think tank focado no setor extrativo criado em 2015 Especializado em cobrir a participação da mineração na crise climática e o avanço dos minerais estratégicos atua para assegurar uma transição energética efetivamente justa que garanta salvaguardas socioambientais e respeite os direitos humanos Mining Observatory is an investigative journalism center and think tank focused on the extractive sector created in 2015 Specialized in covering mining’s role in the climate crisis and the advance of strategic minerals it works to ensure an effectively just energy transition that guarantees socio-environmental safeguards and respects human rights O Observatório da Mineração é um centro de jornalismo investigativo e think tank focado no setor extrativo criado em 2015 Precisamos do apoio dos nossos leitores com o objetivo de seguir atuando para que o neoextrativismo em curso não comprometa uma transição energética justa.  É possível apoiar de duas formas. No PayPal, faça uma assinatura recorrente: você contribui todo mês com um valor definido no seu cartão de crédito ou débito. É a melhor forma de apoiar o Observatório da Mineração Aceitamos ainda uma contribuição no valor que desejar via PIX para o email: apoie@observatoriodamineracao.com.br (conta da Associação Reverbera) Assine o Observatório da Mineração e receba notificações de novas matérias por e-mail Observatório da Mineração - Todos os direitos reservados A reprodução de matérias deste site só pode ocorrer com autorização expressa do autor Ghana has introduced transformative policy reforms over the past decade infrastructure and equipment modernisation and investment the country has seen a slate of projects being launched across mature sectors such as the gold as well as in emerging sectors like lithium mining stakeholders and global partners in Accra the upcoming Mining in Motion (MIM) conference will showcase how policy reform has impacted Ghana’s mineral market Speakers will share updates on major projects highlighting investment opportunities and collaborations Ghana’s Mining in Motion conference and summit will be held under the theme “Sustainable Mining & Local Growth – Leveraging Resources for Global Impact” Ghana announced plans to introduce a law banning the export of raw bauxite in June 2024 Ghana’s Minister of Lands and Natural Resources the law aims to support the monetisation of Ghana’s estimated 900 million tons of bauxite reserves enhance downstream and midstream infrastructure development and increase revenue through the export of high-value bauxite products Ghana enacted the Green Minerals Policy in August 2023 to simplify entry for critical mineral industry players foster local content development and establish a footprint in the global energy transition market the policy is spurring new exploration and production projects Atlantic Lithium Limited received an environmental permit from Ghana’s Environmental Protection Agency for its Ewoyaa Lithium Project in September 2024 Local Content and Participation Regulation  Ghana’s Local Content and Participation Regulation The laws have facilitated increased investments from global partners by promoting faster project deployment providing easy access to a skilled and resilient workforce and ensuring seamless entry to market services Electrochem Ghana Limited announced plans to expand its workforce by 3,000 to boost salt production to one million metric tons China’s Zijin Mining Group seeks to acquire a stake in Newmont’s Akyem Gold Mine in a $1 billion acquisition deal Canadian firm Asante Gold Corporation also announced a $525 million investment to fund its growth strategy within Ghana’s gold industry in October 2024 Australian firm Atlantic Lithium is raising additional funding to untap Ghana’s lithium potential Modernising mining infrastructure is a focus of Ghana’s policy reforms The Equipment Tracking Regulations of 2020 have enhanced operational efficiency by monitoring and regulating the use of earth-moving and mining equipment contributing to more sustainable mining practices production across the mining value chain has increased with the Minerals Income Investment Fund generating $1.02 billion in revenue from gold monetisation in 2024 Mining firm Goldstone Resources also reported a 34% increase in gold production at the Homase Mine as a result of infrastructure modernisation and mine expansion Nigeria has implemented key policies and reforms to revitalise its mining industry attract investment and strengthen the sector’s contribution to GDP Recent government-led initiatives have streamlined licensing processes removed bottlenecks and simplified market entry for international investors enhancing production across the country’s 44 solid mineral types As Africa’s premier mining investment event African Mining Week (AMW) 2025 will convene Nigerian and African stakeholders with global investors and industry leaders to drive deal-making and accelerate sector growth Launch of Mineral Resources Decision Support System  the Nigerian Geological Survey Agency unveiled the Mineral Resources Decision Support System to provide global investors with easy access to geological and policy data The platform markets Nigeria’s vast mineral resources and critical infrastructure assisting investors in making informed decisions about the country’s mining sector By enhancing data transparency and accessibility the system aims to streamline investment processes and boost investor confidence in Nigeria’s mining industry Nigeria restructured the Ministry of Mines and Steel Development in August 2023 The Ministry of Solid Minerals Development focuses on upstream activities and investment facilitation while the Ministry of Steel Development oversees the development of steel and metallic resources to drive industrial growth This restructuring aims to enhance sector-specific governance attract targeted investments and accelerate the country’s mineral and steel value chain development Approval of Nigerian Minerals & Mining Bill  Approved in April 2023 and currently under public review the Nigerian Minerals & Mining Bill aims to introduce incentives for foreign investors while strengthening local content requirements it will become the sector’s primary legal framework enhancing transparency and investor confidence The bill is also expected to modernise regulatory oversight ensuring sustainable resource management and aligning Nigeria’s mining sector with global best practices Implementation of Nigeria Mineral Value Chain Regulations  the Nigeria Mineral Value Chain Regulations mandates local processing of raw minerals such as gold and lithium China’s Avatar Energy Materials Company launched a 4,000-ton-per-annum lithium processing facility in Nasarawa State in May 2024 is developing a lithium processing plant in Kaduna State to support EV e battery production These investments mark a significant step toward positioning Nigeria as a key player in the global critical minerals supply chain AMW 2025 will provide a platform for industry leaders to explore Nigeria’s evolving mining landscape and engage with global investors Demand for critical minerals is escalating driven by electrification strategies globally The mining industry plays a crucial role in discovering and developing these essential resources uncertainty surrounding MTA reforms poses significant risks to the sector The lack of direct industry involvement in the conversation combined with concerns about the consultation process has left mineral explorers and prospectors uneasy about the future With a major process underway to modernize the Mineral Tenure Act, AME’s “What We Heard” report synthesizes feedback from their members and stakeholders Among the top concerns outlined in the report are the need for a consultation framework that is clear and equitable and resolving uncertainty around land access The mineral exploration industry faces a tightrope walk between navigating the province’s Critical Mineral Strategy and responding to Indigenous rights particularly following recent court rulings such as Gitxaala v Justice Ross’s decision highlighted the need for greater consultation with Indigenous Nations during mineral claim staking but also clarified that the current process is not unconstitutional Explorers stress the importance of distinguishing between mineral exploration and broader land management issues the focus of modernization should remain on streamlining the MTA to support responsible low-impact exploration without becoming entangled in unrelated land use or treaty issues these challenges could lead to capital outflow from the province—a dire outcome at a time when BC’s economy depends on a strong mineral exploration pipeline As more mineral-rich areas become subject to competing interests—whether for conservation or other provincial initiatives—the exploration sector faces an increasingly complex landscape AME members pointed out that piecemeal land use planning combined with delayed permits and inconsistent regulatory environments More than 75% of industry respondents cited increased uncertainty about doing business in B.C. fearing that the province’s competitiveness could erode without decisive action Survey data reveals that 69.5% of respondents lack confidence that the proposed MTA changes will work for their organizations compounded by scarce capital for junior explorers threatens to drive investment away from the province has already seen periods in which exploration expenditures dropped sharply despite rising mineral prices when prospecting activities shifted to more investor-friendly jurisdictions like Nevada AME members also raised concerns about the potential erosion of intellectual property rights which represent a prospector’s intellectual property must be protected to ensure that explorers continue staking claims and attracting investments Without secure tenure and clarity on how mineral rights will be handled under new rules many small prospectors could be forced out of business stalling the province’s mineral exploration pipeline Logistical delays in obtaining permits for exploration can add years to project timelines “If it takes one year to get a permit or two years… that’s holding that prospect hostage.” This bureaucratic burden discourages early-stage exploration particularly for smaller players who lack the resources to navigate an increasingly onerous permitting process unless these challenges are addressed swiftly and comprehensively risks losing both its reputation and its standing as a hub for mineral exploration at a time when critical minerals are needed more than ever Consultation with Indigenous communities is a central theme in the modernization effort AME’s report calls for an approach that aligns consultation requirements with the scale and impact of activities ensuring that smaller prospectors are not disproportionately burdened feedback indicates that Indigenous communities must be meaningfully involved from the earliest stages of exploration to build trust and avoid conflicts later on AME emphasizes that consultation must go beyond a checkbox exercise transparent process that respects Indigenous rights without stifling the exploration industry One-size-fits-all approaches will not work consultation efforts should be scaled to the level of activity—whether non-invasive early-stage exploration or more significant developments—allowing prospectors to proceed with clear guidelines while upholding Indigenous interests AME has proposed several policy enhancements to aid in this balancing act These include building capacity in Indigenous communities to manage industry engagement and encouraging partnerships between prospectors and Indigenous land offices through environmental monitoring and knowledge-sharing initiatives A flexible consultation process would better reflect the realities of the sector while safeguarding Indigenous rights to their land and resources As the MTA modernization process continues AME urges the provincial government to listen to the concerns of the exploration industry Resource Works strongly support their findings The benefits of mining and mining exploration to BC’s economic well-being cannot be understated In 2023, mining contributed $14.5 billion in value to the BC economy. According to the BC Mineral and Coal Exploration Survey, $643 million was spent on exploration in 2023 translating to a direct economic benefit and a driver of continued invesment in mining.  Through fulsome consultation and thoughtful policy design BC has the opportunity to be a leader in sustainable mineral exploration ensuring that its rich mineral resources are responsibly developed for generations to come The MTA modernization alone is not the only opportunity here considering higher-level impacts from the full suite of policies on investment and social and environmental priorities.  The full report is available here. Resource Works delivers thoughtful, fact-based content that helps Canadians engage in meaningful conversations about natural resource development and its impacts on our economy, reconciliation, environment, and communities. @ 2025 Resource Works. All rights reserved. website designed and developed by Harvest Moon Marketing The reform of the Mineral Tenure Act (MTA) in British Columbia has emerged as a pivotal initiative in the province’s resource management strategy In light of the recent decision in the case of Gitxaala v British Columbia government recognized the need to modernize both the MTA and the Mineral Tenure Online (MTO) systems to better align with contemporary stakeholder expectations and environmental standards The primary objectives of the MTA Modernization include reforming the processes surrounding mineral claims and enhancing the consultation framework with Indigenous Nations These reforms are designed to ensure that resource development respects Indigenous rights while facilitating economic growth within the mineral exploration and mining sectors Stakeholders have voiced a mixture of hope and concern regarding the pace and inclusivity of the reform process emphasizing the need for careful consideration to prevent adverse impacts on communities and the environment The reform process hinges on the establishment of mutual agreements that recognize the interests of Indigenous Nations alongside those of the mining industry These agreements are vital for ensuring that projects are developed sustainably and that the benefits of resource extraction are equitably shared Ongoing communication strategies must be employed to keep Indigenous communities informed and engaged ensuring their perspectives and feedback are incorporated into the modernization discussions The report advocates for the government to prioritize the incorporation of member feedback into the MTA Modernization framework. Recommendations from the AME report stresses the importance of ensuring that independent prospectors and exploration companies are not marginalized in the new system, therefore protecting their interests while also aligning with the broader commitment to sustainability and responsible resource management. The implications of the MTA Modernization for the mining industry are profound, particularly in the context of the growing demand for critical minerals. As the global economy shifts toward green technologies, the exploration and development of these minerals will become increasingly vital. This shift presents both challenges and opportunities for the mineral exploration sector in British Columbia. Your email address will not be published. Required fields are marked * By Peter Kennedy Silver X Mining Corp. is company that offers investors an opportunity to participate... By Peter Kennedy Namib Minerals is set to become a publicly traded company in the U.S.,... By Peter Kennedy Core Nickel Corp.  is a company that offers investors an opportunity into early-stage... By Peter Kennedy Luca Mining Corp. is entering a new growth phase as it moves to... By Peter Kennedy Lack of available infrastructure has long been a perceived impediment to the development... By Peter Kennedy The Golden Triangle mining district in northwestern British Columbia ranks among the richest... Supply Chain Intelligence for the Energy Transition (Headline and story text corrected to reflect that Parliament is yet to approve the two bills)  Zambia is working on two mining reform bills that will be signed into law by its President once approved by the parliament after a muti-stakeholder consultative process The Mining Regulations Commission Bill and Geological and the Minerals Development Bill will replace the existing Mines and Minerals Development Act of 2015 and are central to southern African country’s strategy to increase annual copper production nearly four-fold from the current 800,000 metric tonnes to 3 million metric tonnes by 2031 Ministry of Mines and Minerals Development said the reforms aim to increase transparency and strengthen compliance within the sector “The Mining Regulations Commission Bill will regulate the sector and provide visibility for compliance and investment protection while the Geological and Minerals Development Bill addresses policy aspects,” he explained at The Mining Show in Dubai on Tuesday which will be formally created once the Ministry is restructured will work with a Special Purpose Vehicle (SPV) established by the Ministry to facilitate public-private partnerships (PPPs) for mining projects “We want to see the transformation of our economy where the government has a participatory role but one that also protects the interests of the investors,” Chifwepa said Certain areas have been restricted for government investment and with potential partners under the PPP model “We're trying to do away with speculative holding of licenses If there's any that has been non-compliant we either cancel and reserve those good looking areas that we can market through a bidding process,” he explained Bloomberg had reported that more than 40 permits for critical minerals reserved by the ministry will be transferred to SPV which will then negotiate agreements with partners Chifwepa also stated that the Zambian government has initiated a Country-wide High Resolution Aerial Geophysical Survey (CHRAGS) that it will spend about $100 million to complete and aims to attract private investors and expedite the timeline for discovering and mining new resources (Reporting by Anoop Menon; Editing by SA Kader) (anoop.menon@lseg.com) Subscribe to our Projects' PULSE newsletter that brings you trustworthy news updates and insights on project activities and partnerships across sectors in the Middle East and Africa Get insights and exclusive content from the world of business and finance that you can trust We take on many of the biggest environmental and health challenges of our time and stick with them. The law makes change. Press Room As the clean energy transition drives mineral demand the groups wrote that the Clean Energy Minerals Reform Act would update the 1872 Mining Law to address modern challenges media@earthjustice.org 1742) because a clean energy transition does not require more dirty mining,” wrote the groups “Some places are simply too special or sacred to be mined we need greater accountability to ensure that projects will meet the highest environmental standards with minimal community impacts Our laws must also require mining companies to clean up their own messes to prevent dangerous pollution impacting the environment and communities long after mining operations end.” The groups rejected the premise that combating climate change requires more dirty mining and registered their strong opposition to the Mining Regulatory Clarity Act (MRCA) a bill that would open even more of our public lands to mining interests unprecedented giveaway of America’s cherished public lands to mining corporations upending and reversing over a hundred years of public land law precedent,” wrote the groups anyone — for a nominal fee — gains absolute rights to occupy land in perpetuity and build roads and pipelines across public lands to the detriment of all other values this legislation does NOT return the mining law to the status quo This bill would tip the scales away from communities and our clean energy future — giving the mining industry the power to dictate how we use our public lands.” The latest letter comes as numerous groups have expressed their support of the Clean Energy Minerals Reform Act alongside broad opposition to the Mining Regulatory Clarity Act Last week, 115 conservation, environmental, and justice groups sent a letter to U.S. Senators urging them to support the Clean Energy Minerals Reform Act Additionally, 90 organizations sent a letter to U.S. Senators urging them to oppose the Mining Regulatory Clarity Act Earthjustice is the premier nonprofit environmental law organization We wield the power of law and the strength of partnership to protect people's health to preserve magnificent places and wildlife We are here because the earth needs a good lawyer “The National Environmental Policy Act is an environmental law but it is also a tool to fight for worker safety Stay informed on how we hold accountable those who break our environmental laws © 2025 Earthjustice. We respect your privacy head of Tax at Forvis Mazars in South Africa The mining industry in South Africa has consistently been a cornerstone of the nation’s economy demonstrating robust revenue generation over the past five years the sector has shown impressive financial performance contributing significantly to the country’s coffers This article delves into the revenue statistics the tax incentives for the 2025/2026 financial year and the recent recognition from the President regarding the mining industry’s pivotal role acknowledged the mining industry’s status as one of the largest contributors to national revenue Highlighting the sector’s vital role the President proposed that the regulatory framework governing the industry would be looked at specifically targeting the reduction of red tape This proposal aims to streamline operations and foster a more conducive environment for both local and international mining investments The President stated the following in his State of the Nation Address (SONA) delivered on 06 February 2025 “We are breathing new life into the mining industry which remains one of our most important and valuable endowments modern and transparent mining rights system this year which will unlock investment in exploration and production We will put in place an enabling policy and regulatory framework for critical minerals By beneficiating these minerals here in South Africa we can make use of the extraordinary wealth that lies beneath our soil for the benefit of our people.” During the Budget Speech delivered on 12 March 2025 very little was said about incentivising the mining industry or the proposed regulatory reforms He reported that there was a 28% decline in the provisional tax contributed by the mining sector the mining industry has seen a steady increase in revenue underscoring its importance to South Africa’s economic framework The annual revenue figures reported by SARS and the Minerals Council of South Africa are as follows: the impact of the mining industry and the tax revenues generated are significant These numbers reflect not only the industry’s contribution to revenue collection but also its potential for growth The  impact of the lack of resources and infrastructure required by the mining industry as well as a decrease in global demand had a direct impact on the revenue generated by the mining industry in FY23/24 A further decline is anticipated in the current financial year mineral royalties are also expected to decline from a projected R16-billion to R11.5-billion While there is potential for the mining sector to grow this expansion requires support from the government to ensure that the sector is not overburdened with high regulatory and infrastructural costs The only mention of any incentive for the mining industry was with regard to the increase in eligibility of diesel refunds on qualifying purchases to 100% instead of the previous cap of 80% along with the proposed 5% increase in the carbon offset allowance The Minister did not specify any new tax measures in the recent budget speech pertaining to the mining industry despite the President’s recognition of the mining sector as one of the major revenue contributors to the fiscus in his State of the Nation Address The mining industry remains a pivotal component of South Africa’s economic landscape The President’s recognition of the industry’s significance and the call for regulatory reform highlight the potential for even greater contributions in the future provided that the proposed changes to regulatory landscape to ease the burden on mining companies are effectively implemented The collaboration between the government and the mining sector will be crucial in ensuring that the industry not only remains a key revenue generator but also leads in sustainable and innovative practices Amidst the recognition of the mining industry and the contributions it has made to the revenue generation over the last decade it would have been encouraging to see more reforms in the tax framework Such reforms could incentivise this industry to continue contributing effectively to our economy Register for free to gain access the digital library for African Mining publications Click here to send us a message Our Stories We must ensure we can meet it in a secure and sustainable way By Earthjustice  /  Policy and Legislation Team This page was published 2 years ago. Find the latest on Earthjustice’s work and buses without replicating the toxic burdens that our current energy system imposes on certain communities there’s an obvious place to start: Reform the U.S law that has allowed the mining industry to pollute freely for a century and a half We know that to save our planet from the climate crisis and insulate ourselves from volatile energy prices we must rapidly build out electric vehicles and wind turbines to power our communities to a clean energy future We know this transition depends on critical minerals like lithium and cobalt which are in the batteries that power electric vehicles and store clean energy With critical mineral demand expected to rise by up to 500% by 2050 to power electronics (like laptops and cellphones) and clean energy technologies we need to ensure we can meet that demand in a secure and sustainable way We have a chance to do what the fossil fuel industry never did by setting out from the start to protect the communities and places most impacted by clean energy development though in many cases they can be reused once obtained mining operations have destroyed precious environmental and sacred spaces while leaving behind toxic pollution that poisons our air Updating our laws and regulations is part of the sustainable solutions needed to meet the demands for critical minerals and ensure that our clean energy future isn’t built on a foundation of dirty mining While we must try to meet critical minerals demand through reducing we understand that some mining must occur to get us to that clean energy future That’s why we’re working to reform our mining laws and regulations to meet the demands of the future by avoiding some of the most egregious harms to communities and the environment in the process the Mining Law of 1872 has regulated mining operations on over 350 million acres of public lands — territory that the public owns but the government stewards for the good of the people Many of these lands have played an essential role in tribal communities’ livelihoods and cultural practices since long before European settlers arrived Originally passed during the gold rush boom when the American Government sought to “settle” the West and forcibly remove Indigenous people from their land the Mining Law of 1872 has remained virtually unchanged since then Compared to other extractive industries like oil and gas mining companies receive even more of a sweetheart deal under the law at the expense of U.S The current law prioritizes mining above all other land uses — even for iconic natural landscapes and Indigenous sacred sites — and allows mining companies to proceed with dirty extractive processes without strong environmental protections or consultation with tribal communities When these companies have extracted all the resources they can the current law fails to hold them accountable for cleaning up rampant pollution leaving behind a legacy of toxic waste that poisons communities for generations While building out the clean energy infrastructure of the future the United States has the opportunity to set a gold standard for the most environmentally friendly That foundation begins with robust community engagement and intentional tribal consultation with Indigenous communities to protect sacred sites and cultural resources House Natural Resources Committee Chair Rep. Raul M. Grijalva (D-AZ) and Senator Martin Heinrich (D-NM) have recognized the importance of updating our mining laws and regulations to the 21st century and introduced the Clean Energy Minerals Reform Act The bill would update the mining law of 1872 to include strong environmental and community protections for local communities respect tribal sovereignty throughout the mining exploration and ensure that taxpayers are fairly compensated for minerals extracted on public lands At the same time, the Biden administration has announced an Interagency Working Group to begin the process of reforming federal mining regulations This is a first step towards establishing strong responsible mining standards that protect the environment The group is currently taking comments from the public which will influence its reform recommendations Earthjustice currently represents numerous tribes across the country fighting dirty mining operations that threaten their sacred lands and cultural resources Read these stories from our clients to learn more about what’s at stake in reforming mining law and regulations: Policy and Legislation Team Earthjustice's Policy & Legislation team works with champions in Congress to craft legislation that supports and extends our legal gains “Our nation has some of the greatest environmental laws in the world — but they are only as good as their enforcement Mining law reform means different things to different constituencies the mining industry claims to support “mining reform” but what they support would not significantly (if at all) improve the status quo Principles of legitimate 1872 Mining Law reform should include: On January 26, 2021, the Biden-Harris administration issued an Executive Order (EO) on Tribal Consultation and Strengthening Nation-to-Nation Relationships The EO directs the Interior and Agriculture Departments to plan and engage in regular and robust consultation in the development of policies Consultations and regulations on mining should seek to achieve the Free and Informed Consent (FPIC) of Indigenous communities Under the federal government’s current interpretation land managers give preference to mining over all other land uses—from recreation to drinking water supplies to hunting This leaves special places like the Cabinet Mountains Wilderness, and the wild and scenic Chetco River in danger from mineral development Reform of the mining law must recognize that there are some places that should not be mined and must clearly give land managers the ability to deny a mine proposal There are no statutory environmental standards written specifically for mining on lands open to location under the 1872 Mining Law The Clean Water Act does not protect groundwater from mining pollution and there is no definition of how to reclaim a mine Mining industry-specific environmental standards must be created to: The 1872 Mining Law currently provides the mining industry with billions of dollars in subsidies and establish a fair royalty—based on the value of the mineral extracted federal public land managers cannot enforce what mining regulations that do exist they must petition the Justice Department to do so—a slow and cumbersome process land managers must have the authority to ensure operator compliance by requiring: new mining permits must not be given to operators with outstanding violations To protect taxpayers and provide incentive to fully comply with the law financial guarantees must be required for all phases of operation that would completely cover the cost of both reclaiming the mine and the costs associated with managing the reclamation Financial guarantees must be backed by concrete financial instruments Self-bonding/corporate guarantees are not acceptable There are more than 500,000 abandoned hardrock mines in the United States that will cost between $32 and $72 billion dollars to reclaim Currently there is no funding source for abandoned hardrock mine reclamation paid for through mining royalties and fees is needed to clean up the scarred landscapes and polluted waters left by the mining industry Patagonia Mountains By Jael Holzman | 04/26/2022 04:25 PM EDT Many experts say President Joe Biden’s climate goals will require hard choices including more mineral production at home and abroad in order to build a future economy with lower carbon emissions House Natural Resources Chair Raúl Grijalva (D-Ariz.) introduced mining reform legislation yesterday With demand soaring for metals needed to make electric vehicles and zero-carbon energy projects prominent Democrats today mounted an effort to reshape U.S House Natural Resources Chair Raúl Grijalva (D-Ariz.) and Sen Martin Heinrich (D-N.M.) today announced they introduced two bills that would update the nation’s primary mining law both titled the “Clean Energy Minerals Reform Act,” would fundamentally alter how U.S mining companies are able to produce minerals on federal lands according to fact sheets explaining the measures provided to E&E News is entirely reliant on other countries to supply certain metals crucial to making batteries for electric cars — like graphite and cobalt — which the Pentagon views as significant to national security Heinrich explained to E&E News how “the reality of needing additional minerals for the changing economy is a real one,” but that “the price of that should also be updating our rules and regulations to something that is not a 150-year-old framework.” “You’re never going to get social acceptance for mines operating in people’s backyard if you’re not operating in a 21st-century manner,” Heinrich said “I think this is the time to do all of that.” According to a fact sheet provided by the Natural Resources Committee Grijalva’s version of the “Clean Energy Minerals Reform Act” would establish a federal leasing system for mining gas and coal companies that want to extract from public lands mining companies can make mineral claims under which they can obtain indefinite rights to mineral real estate Grijalva’s bill would establish a 12.5 percent royalty on new mining operations and an 8 percent royalty on existing mines mines operating on federal lands pay no royalties to the government for mining on public property The bill would also set “strong environmental standards” under the mining law “for mining activities and long-term reclamation” of closed or abandoned mines and require the government to consult with Indigenous tribes prior to “permitting mining activities that will impact tribal communities.” Heinrich’s bill has similarities to the Grijalva measure according to a fact sheet provided by a spokesperson for his office but a review of the fact sheets showed they carry substantial differences The Heinrich bill would require mining companies to pay a rate “not less than 5% and not greater than 8% based on the gross income” of mining production on federal land “would not apply to mining operations already in commercial production or those with an approved plan of operations.” Heinrich’s bill would also require “annual rent payments” for mineral claims on federal lands Representatives for Grijalva and Heinrich could not be immediately reached for comment on the differences between the two measures Heinrich’s bill was co-sponsored by Sens Ron Wyden (D-Ore.) and Ed Markey (D-Mass.) according to his office’s fact sheet conservation and tribal rights organizations sent a letter to members of Congress supporting the mining law overhaul effort according to the Natural Resources Committee a D.C.-based environmental group that supports overhauling the mining law The “clean energy transition cannot be built on dirty mining The mistakes of the fossil fuel era must first be met with recycling reuse and extending the life of products already in use,” Earthworks Policy Director Lauren Pagel said in a statement to E&E News The effort may also face opposition from the National Mining Association a trade group that represents large companies operating U.S In an interview this morning before the announcement was made NMA’s executive vice president and general counsel told E&E News the association is open to compromise legislation that would enshrine a royalty more favorable to the slim margins under which mining companies primarily operate The association has had conversations with the Biden administration and “leadership of both parties on compromises” related to the mining law now “is definitely not the right time” to overhaul the law given some of the Biden administration’s priorities on climate change would be “wildly counterproductive to reshoring our essential supply chains building the materials industrial base to underpin so many of this administration’s objectives including the energy transition and the EV revolution.” Request a FREE trial to receive unlimited access to there is a need to significantly increase financing for minerals projects if the United States is to create resilient supply chains independent of Chinese control The DFC was initially created through the Better Utilization of Investments Leading to Development (BUILD) Act of 2018 It was created to support private investment in low and lower middle-income countries that advances economic development equity investments and technical assistance to achieve this.  TechMet CEO Brian Menell noted that the DFC equity was “universally perceived as positive” given the credentials that it provides since producer countries want U.S engagement to balance China’s dominant position The equity has freed up capital for TechMet to invest in projects in the United States In Europe it has a lithium project and a rare earths separation and processing project foreign policy interests and have a significant development impact.  which holds 10.4 percent of the world’s lithium While the DFC has made some progress on advancing U.S it is not designed to meet the challenges at hand the fundamental mission of the DFC is not in minerals access Mixing critical minerals security and development mandates mean neither is done properly The upcoming reauthorization in 2025 presents an opportunity for reforms that will improve the ability of the DFC to advance U.S Congress should consider of a new institution that is better fit for purpose Gracelin Baskaran is research director and senior fellow with the Energy Security and Climate Change Program at the Center for Strategic and International Studies in Washington Commentary is produced by the Center for Strategic and International Studies (CSIS) tax-exempt institution focusing on international public policy issues Its research is nonpartisan and nonproprietary CSIS does not take specific policy positions and conclusions expressed in this publication should be understood to be solely those of the author(s) © 2024 by the Center for Strategic and International Studies See Media Page for more interview, contact, and citation details. ©2025 Center for Strategic & International Studies. All Rights Reserved. To outline challenges facing domestic critical mineral development, as well as possible solutions, the U.S. Chamber hosted a Critical Minerals Summit featuring expert voices from government and industry. The Importance of Public-Private Sector Collaboration Ruth Demeter is the Senior Director for Policy at the Global Energy Institute Read more USCC Homepage View all topics The Clean Energy Minerals Reform Act of 2023 is an ambitious bill that seeks to bolster mining regulatory safeguards in light of expected increases in mineral demand driven by the clean energy transition This policy assessment summarizes the bill’s key provisions and identifies their likely effects on future domestic clean energy minerals production Weighing these effects and their potential to either coordinate or conflict with broader ambitions is essential for policymakers to consider for this bill and all mining-related initiatives given bipartisan attention to U.S 1742 would exert positive impacts while others would negatively affect clean energy minerals production this assessment also calls out where rule exemptions specifically for critical minerals can be made to mitigate those negative effects Critical minerals cannot continue to be treated as just another subset of the entire hardrock mining sector if the U.S is to make progress towards energy transition or supply chain security goals policymakers should recognize that making these types of distinctions can also maximize the political viability of any reform-oriented provisions by removing their potential to conflict with these other ambitions Effect on clean energy minerals: minor positive (improved social license) The text of the General Mining Law of 1872 (GML) allows for the practice of patenting a mining claim thereby transferring public land to private ownership at low cost Congress has approved and extended a de-facto ban on mine claim patenting in annual appropriations bills since 1994 highlighting Congress’s bipartisan recognition that the GML provision is a clear vestige of the law’s 19th century context Section 101 would ban this practice outright representing a positive update to the GML and reflecting modern values towards public land Permanently banning mine claim patenting furthermore eliminates the need for Congress to repeatedly uphold temporary bans year-to-year establishing both market and regulatory certainty and Abandoned Mine Land Reclamation Funding Abandoned mine land reclamation remains an enduring national priority The federal government must uphold its long-term responsibility to support cleanup efforts and dedicate sufficient funding to advance visible progress on this large-scale national problem 1742 would assist such efforts by establishing a Hardrock Minerals Reclamation Fund and increasing existing claim filing and maintenance fees Revenue for all of these sources would go to the reclamation fund with the exception of the portions of claim fees allotted to agency budgets The funding sources created by this bill would benefit American communities by supporting cleanup efforts that help address lingering environmental and public health risks Parity in the application of production-based royalties to hardrock mining on public lands that parallels long standing royalty schemes for oil and saleable mineral production is also long overdue adjustments to modify claim filing and maintenance fees in response to inflation are also appropriate and common-sense in light of urgent domestic supply chain priorities the nation would benefit further from additional stipulations that would protect critical minerals projects from unintended Policymakers should exempt critical minerals operations from any production-based fees The bill grants the Secretary of the Interior the authority to adjust rates for mines that would otherwise close due to the added financial burden proactive outright exemptions for critical mineral operations are essential to avoid even temporary mine closures in the future which may persist while mine operators submit appeals and agencies deliberate over rate adjustments production-based fees on critical minerals operations would act counterproductively to and erode the benefits from other national policies intended to support the critical minerals sector through project grants These exemptions would still leave critical minerals operations subject to claim maintenance fees and land use fees that support reclamation funding Considering that critical minerals operations only produce a small minority of hardrock mining revenue to begin with exempting critical mineral operations from production-based fees would not meaningfully detract from national abandoned mine cleanup efforts Policymakers might consider whether revenue generated from the various proposed fees could benefit other worthwhile causes apart from the Hardrock Minerals Reclamation Fund revenue could support public sector investments and benefits for communities neighboring active mines An example is Minnesota’s Permanent School Fund which provides funding to public schools in the state The fund is supported by contributions from mining on Minnesota state trust lands which accounted for roughly 80% of the fund’s $1.37 billion balance as of 2018 Policymakers should consider if alternative mechanisms to gross revenue royalties would achieve similar effects with fewer potentially adverse impacts on mine operations but would account for capital expenditures and operating costs which are significant for mining ventures and an enduring hurdle to development This could be a more efficient approach than beginning with gross revenue royalties then adjusting rates once appealed by operators Effect on clean energy minerals: highly negative Section 302 would require operators to secure a permit in order to conduct exploration activities the existing criteria for whether or not operations require a permit is based on the level of surface disturbance instead of nominal categories of operations like exploration or mining operations that cause low levels of surface disturbance such as exploration activities only require operators to submit a notice to agencies whereas operations that create major disturbances such as full scale mining require a permit that agencies must approve Policymakers must reconsider this proposed change Basing permit requirement criteria on the type of activity instead of the level of impact—minimal for many exploration activities—is arbitrary and subjects many operations that are currently processed efficiently and overseen diligently to an unnecessary administrative burden Agencies already possess expertise in overseeing notice submissions and the existing regulatory criteria ensures that activities with more significant impacts undergo the extra vetting required by permit reviews Action by Congress requiring agencies to review and approve exploration permits would not enhance environmental protection and would merely add to already-strained agency workloads agency decisions on permit applications could risk constituting a major federal action requiring a National Environmental Policy Act (NEPA) review similar to those required when operators apply for full scale mine permits this added administrative burden would be considerable with no meaningful benefit to outcomes If lawmakers are concerned that the current notice system does not sufficiently enable regulators to mitigate adverse impacts from exploration activities then an alternative to transitioning to a permit system would be to simply revise existing regulations to require the equivalent information for notice submissions as is stipulated in Section 302 for the proposed exploration permits Such a revision would expand requirements that close any perceived gaps and bolster agency safeguards given that the information outlined in Section 302 largely reiterates what is already required for notice submissions (i.e. descriptions of operations and reclamation plans and the provision of financial guarantees) this alternative could be implemented more feasibly and precisely than unnecessarily adding to agency responsibilities by requiring decisions on permits if lawmakers are concerned about adequate public engagement Section 302 calls for public notice of the proposed exploration permit decisions and opportunities for public comment requiring equivalent public notification procedures for notice submissions within the current system would be a more elegant means of ensuring robust public engagement Milestone environmental protection laws such as the Federal Land Policy Management Act (FLPMA) impose a mandate on agencies to prevent ‘unnecessary and undue degradation’ to the environment when administering various functions like reviewing a mine permit Current regulations define ‘unnecessary and undue degradation’ as impacts beyond those ‘reasonably incident’ to mining activities This definition then leaves room for the various types of allowable operations to proceed while regulatory oversight mitigates their impacts to acceptable levels superseding definition of ‘undue degradation’ that would mean ‘substantial irreparable harm.’ The issue with this new definition is that it could be interpreted to encompass any sort of impact caused by a mining operation even including commonplace regulated activities performed in line with existing standards This new definition could serve as grounds that would compel agencies to deny any related activity outright this provision may cause serious disruption and confusion to agency administration and expose responsible mining operations to bad faith litigation Policymakers should note that from roughly 1999 to 2001 the Bureau of Land Management implemented a similar change of definition In response to a barrage of lawsuits and appeals expressing similar concerns the Department of the Interior reviewed the rulemakings and eventually reverted the decision citing legal conflicts with the FLPMA and too broad of criteria that could lead to arbitrary denials unless modifications incorporated to protect critical minerals areas Section 307 amends the FLPMA by adding language that requires a review of environmentally sensitive areas of federal land within 3 years of the bill’s passage and grants the Secretary of the Interior the authority to withdraw those areas from operation under the GML Mineral estate withdrawals are a useful tool with which Congress and administrations can preempt mine development in environmentally sensitive areas or conserve locations that hold particularly fond public sentiment the broad criteria and the deadline for inclusion outlined in Section 307 could result in a large docket of unnecessary Such an outcome risks harming local and regional economies impeding national critical minerals strategy and subjecting agencies to the significant burden that the requisite changes to land use plans would later entail Congress and agencies can still make withdrawals without Section 307 It would be more responsible to identify worthwhile areas through the typical land use planning processes and calls from the public rather than rushing them under a review deadline the recent historical record suggests a real danger that the withdrawals triggered by Section 307 could favor areas subject to short-term political pressures rather than solely focusing on environmental sensitivity and long-term land-use planning A timely example is the 2023 Minnesota Boundary Waters withdrawal enacted by the Department of the Interior on the one-year anniversary of its cancellation of the Twin Metals Minnesota project lease The lease renewal alone was subject to years of back and forth legal stances that predictably changed along party lines from one administration to another The withdrawal rendered the project’s feasibility unlikely effectively superseding the permit process and hampering the environmental review’s ability to determine the actual potential of the project to adversely impact the nearby areas targeted by the withdrawal Congress and administrations should execute mineral estate withdrawals deliberately and preemptively federal policymakers commonly restrict proposed domestic mining projects in these reactive ways agencies should allow mine development to either proceed or not based on the standards-based criteria vetted in the environmental review and permitting process Such criteria are important for all mining critical minerals strategy requires long term consideration that cannot afford setbacks from short term pressures the federal land reviews and mineral estate withdrawals outlined in Section 307 should explicitly study and exempt areas with known potential for critical mineral development Section 307 further amends the FLPMA by striking language that previously restricted agency withdrawals to procedures covered by the FLPMA Policymakers should seriously consider the unintended implications of this provision and whether or not it would significantly expand the ability to implement agency withdrawals beyond the authority and Congressional oversight outlined by the FLPMA These checks and balances are the type of stringent criteria that should not be eroded and Section 310 requires agencies to implement Tribal consultation procedures outlined in “Uniform Standards for Tribal Consultation” (87 Fed These standards ensure Tribes are notified of mining-related activity and that their input is documented None of the required practices supersede regulatory or permitting procedures This provision carries high potential value and significance for Tribal communities and represents a common-sense procedural improvement that better upholds Tribal rights and sovereignty policymakers should consider whether the definition of ‘mineral activity’ in this context is too broad and potentially administratively burdensome The lack of clarification may obligate agencies to engage in consultation procedures for relatively commonplace actions like simply filing a mining claim The definition could be constrained to actions that require a permit or are based on levels of impact analogous to casual use Section 505 calls for a broad review of the regulatory practices regarding uranium mining to assess how well they “allow for the production of uranium while ensuring protection of public health and safety and the environment.” This review considers whether uranium should be a leasable or a locatable mineral the adequacy of existing financial assurances and whether any land withdrawals are eminently appropriate specifically for uranium Because uranium plays an essential role in national energy security and efforts to reduce air pollution it is critically important for the federal government to balance domestic uranium production with protection of public health This review would produce useful insights to better inform future federal government decision-making Peter Cook is a Climate and Energy Analyst at the Breakthrough Institute Seaver Wang is Director of the Climate and Energy team Sign up to get our newsletter in your inbox every Tuesday From the Experts Blaine Miller-McFeeley & We are advocating for four solutions that together can ensure a sustainable supply chain for critical minerals We all know that to avoid the worst effects of the climate crisis we must quickly ramp down our reliance on fossil fuels and transition to clean energy As we transition to a clean energy economy we have the opportunity to do what the fossil fuel industry never did — to set out from the beginning to better protect the communities and environments impacted by energy development The transition to clean energy for all will require more of certain types of metals to build out solar panels and battery storage are referred to in the policy world as “critical minerals.” The current policies we have in place are not sufficient to ensure a sustainable supply chain that protects communities from the impacts of mining and extraction of critical and other minerals the largest proposed mine in North America We cannot justly move to a clean energy future at the cost of harming people or the environment It is imperative that we protect communities that could be harmed by critical mineral mining and development by providing sufficient environmental and by creating a more sustainable supply chain for the products we use for our clean energy We can’t move energy “sacrifice zones” — where people bear the brunt of the impact — from oil-and-gas-impacted communities to mining-impacted communities Earthjustice is leading the way on developing sustainable policy answers as we decarbonize as quickly as possible and on advocating for those answers with Congress and the White House the Biden administration released a series of reports laying out its plan for creating a secure supply for products like critical minerals which are currently needed for clean energy technology We were pleased to see that many of our sustainable policy solutions were included and that the administration has continued seeking feedback on the creation and implementation of various solutions.  However action is urgently needed to create the rules standards and incentives to create a truly sustainable supply chain We will continue to advocate strongly and swiftly to ensure that destructive mining is reined in and doesn’t include corporate bailouts and subsidies for mining companies and their lobbyists Boost the Circular Economy: We must seek to meet the demand for critical minerals in the most sustainable way possible: by reducing and by extending the life of materials and products we already have is woefully behind our international partners on the creation of a circular economy for our minerals recycling we can reduce the need for raw materials and create new clean energy jobs in the recycling sector such as the thousands of employees that Umicore currently employs in the European Union at its critical minerals recycling facilities few mineral recycling facilities are located in the United States in large part due to the lack of a policy framework that incentivizes and eases collection of products such as Electric Vehicle batteries and phones and lack of policy that incentivizes the use of recycled minerals in our products that provides a pathway for these minerals to be locally and sustainably sourced Legislative and regulatory policy changes are needed to ensure that the collection and safe disposal of these critical materials is affordable and reliable for years to come We can also reduce the amount of new material needed for the clean energy transition Incentivizing more energy efficient homes and buildings or funding research and development to make better means less material needed to keep the lights on or to drive more miles in an electric vehicle Policymakers can also promote alternatives to driving alone and should explore other ways to increase EVs’ efficiency and reduce their environmental impact We can work together to ensure that the transition to clean energy recognizes that critical minerals are limited resources and their extraction comes with real consequences for communities and the climate that can and should be avoided to the greatest extent possible Reform Domestic Mining Laws: Mining in the U.S passed to help entice colonizers to settle these lands and in the process evict indigenous people from their lands The law does not require mining companies to clean up their toxic messes This is why there are more than 500,000 abandoned mines across the West many of them with legacy pollution that continues to pollute clean water cause ongoing health problems for indigenous communities The law does not require companies to compensate taxpayers by paying a royalty for harming the public lands we all share It offers virtually no discretion to land managers who want to deny a mine proposed in a problematic or special place — because mining is considered the highest and best use of our public lands under this outdated law Set Standards for Imported Minerals: If we want other countries to have a higher bar on labor and environmental standards for mining, the U.S. must lead by example and implement high standards for itself, as well as negotiate high standards in trade agreements — including through verifications and certifications such as Institute for Responsible Mining Assurance (IRMA) IRMA defines good practices for what responsible mining should look like It provides the list of expectations that independent auditors use as the benchmark for responsible mines If we are able to effectively implement these solutions and build a sustainable and just clean energy supply chain we will be able to reduce the need for raw materials and mining and ensure that what mining does occur is sustainable held to high environmental and labor standards Earthjustice will continue to advocate for these priority solutions Biodiversity Defense Program The Biodiversity Defense Program fights to reshape our relationship to lands and wildlife everywhere by confronting the major drivers of the decline in nature including habitat destruction and over-exploitation of wildlife “The health of communities and the health of your lungs aren’t subject to any do-overs.” government risks putting a major chill on mineral exploration and investment in B.C. if it rewrites the Mineral Tenure Act in a way that removes a key incentive for prospectors to file mineral claims the Association of Mineral Exploration (AME) warns in a new report government is currently in an engagement process for revising the Mineral Tenure Act and Mineral Tenure Online (MTO) system in response to a court ruling that found that the claim staking process in B.C may violate the Crown’s duty to consult First Nations In a court case that challenged the Mineral Tenure Act the Gitxaala and Ehattesahet First Nations raised concerns about mineral claims being filed in their traditional territories without their knowledge or consent They noted that under the current free entry process anyone can go online and stake a claim without informing anyone The Gitxaala’s concerns had stemmed from a gold mine on Banks Island that had been staked without their knowledge and which later turned into an environmental liability when the government shut it down for multiple permit violations Supreme Court denied the First Nations’ request for injunctions against mineral claims in their respective traditional territories but agreed that the way mineral claims are staked could violate the Crown’s duty to consult First Nations government 18 months to resolve issues with the Mineral Tenure Act government is currently in the process of reforming the Mineral Tenure Act with the aim of having it conform to the B.C government’s own Declaration on the Rights of Indigenous Peoples Act (DRIPA.) The AME initially participated in consultations held by the B.C government as part of the Mineral Tenure Act reform but then decided to go its own way hold its own parallel consultations “The government began working with Indigenous nations across the province on a Mineral Tenure Act and MTO system,” AME president Keerit Jutla told BIV News that engagement didn’t have any industry input and would have likely built a system that didn’t work for industry So members told us that they didn’t feel government was listening to them.” The AME began its own engagement process in April to hear from prospectors and junior miners It heard from 200 industry players at meetings held in Kamloops One participant clearly did not have much faith in the B.C “The decision has been made,” one participant said, according to a report released today “And this is a reverse engineering process where we are now in a public engagement [from government] that is meaningless A key concern for prospectors is the incompatibility of two principles: claim staking confidentially and First Nations consent First Nations want to be informed at the earliest stage of mineral exploration – the staking of a claim But claim staking has traditionally been confidential miners and mineral exploration companies don’t just randomly file mineral claims precedes the filing of a claim in an area they think might be worth exploring These claims are therefore considered a kind of intellectual property and informing anyone that a claim has been staked and could prompt others to begin staking claims in the same area If the Mineral Tenure Act is reformed in a way that would require consent of First Nations before someone staked a claim somewhere the value is the intellectual property of what resources may be at a claim,” one participant told the AME during its engagement process the only value is created when a prospector sells a claim to a junior mining company for further exploration Doing anything that alters the intellectual property of a claim means that prospectors have no reason to stake claims and it will put many small AME members out of business there is no incentive to stake a claim.”  “Since exploration companies spend considerable capital identifying potential mineral resources prior to staking a claim revealing to competitors their interest in particular lands prior to staking a claim will put at risk their investment and intellectual property,” another participant said “The actual disclosure of a proposed exploration program goes against the grain of how industry thinks and will adversely affect whether major capital is spent in British Columbia.” “The discussion about MTA reform really concerns me because I’m afraid if it’s not done very carefully there’s going to be significant capital outflow from British Columbia particularly from early-stage mineral exploration,” another participant warned that there are other problems with the current Mineral Tenure Online (MTO) staking system the fact claims can be staked online means prospectors no longer need to be in the field “This has led to a proliferation of what mineral explorers call ‘nuisance stakers,’ or speculators who stake property with no intention of exploring on it,” one participant said companies have implemented bot programs that indicate when someone is actively staking online and automatically stake around them.” The AME report urges that the confidentiality of claims be maintained in any reform of the MTA or MTO “Prospectors require confidentiality to ensure the value of their claims,” the report concludes “This represents a major issue with a new system as prospectors need to be able to share information with Indigenous nations and still ensure they have a right to the land and they will have no incentive to explore it “We propose a third-party entity that could store the data and ensure confidentiality through the review process with nations.” [email protected] By Jael Holzman | 05/13/2022 06:21 AM EDT The Biden administration witness didn’t endorse the bill he focused on a separate process to develop policy ideas Yvette Herrell (R-N.M.) and House Natural Resources Chair Raúl Grijalva (D-Ariz.) during a hearing yesterday on mining reform legislation Momentum is building toward a potential deal to reform the nation’s mining law but a House hearing yesterday made evident that progressives aren’t the ones driving that discussion The House Natural Resources Subcommittee on Energy and Mineral Resources met yesterday to discuss the “Clean Energy Minerals Reform Act,” H.R. 7580 which would fundamentally overhaul how U.S Supporters have said it would make long overdue changes to the General Mining Act of 1872 from full committee Chair Raúl Grijalva (D-Ariz.) would create new requirements for mineral exploration and permitting and enact a first-ever gross royalty on new and existing hardrock mines on federal lands The meeting showed that bipartisan consensus may exist to change the country’s 150-year-old mining law — but the Natural Resources Committee under Grijalva probably isn’t where that deal will come to fruition “There’s a lot of interest in Congress and in the administration right now about critical minerals.” “That’s why I think it’s as important as ever to put this [bill] into law,” Grijalva said Debbie Dingell (D-Mich.) offered her view as a lawmaker from the heart of the U.S auto industry: The nation needs more mining “If the next century is to be another American century where we’re leading it’s essential that we secure a reliable and sustainable supply of critical minerals and materials for EVs as well as other advanced industries,” Dingell said With supply chains dominating the headlines lawmakers on both sides are coalescing around the need for increased mining There’s also an argument for more mining to address climate change because of the minerals needed for clean technologies President Joe Biden this year invoked the Defense Production Act to free up federal money to encourage domestic production Democrats and Republicans united to advance a Ukraine aid package with up to $600 million for mineral spending “While the administration is focused on the economic welfare and national security impacts of our supply chains we also want to make sure any new production is able to meet the highest environmental and tribal consultation standards,” said Dingell Grijalva and the Biden administration should be on the same page “The Biden-Harris administration recognizes the important role that mining will continue to play in the modern economy and the growing need for responsibly sourced critical minerals to realize a clean energy economy combat climate change and ensure the security of our nation,” said Steven Feldgus Interior deputy assistant secretary for land and minerals management who once worked for the Natural Resources Committee Feldgus called it a “landmark piece of legislation” but did not say whether the bill should become law during the hearing or in his prepared remarks Asked for the Interior Department’s formal view on the bill spokesperson Melissa Schwartz stated the administration’s “position on the bill” was part of Feldgus’ written testimony “We appreciate the work the Sponsor and the Committee have done to propose reforms to the Mining Law through H.R the Clean Energy and Mineral Reforms Act.” The testimony said “We look forward to continuing to work with Congress as the Administration undergoes its review of the Federal mining program and considers proposals for potential mining reforms.” Instead of offering much comment on Grijalva’s bill, Feldgus outlined how the administration plans to recommend its own reforms. The White House hosted the first meeting of a working group on the issue this week, which included representatives from industry, labor and the environmental community (E&E Daily Feldgus said the meeting showed “the fact that everyone has something to gain from reform of the mining law.” He said “The purpose of the working group is to listen to all of these voices and learn and try to find a common ground where everyone benefits.” A Federal Register notice published in March said recommendations wouldn’t emerge until mid-November That’s when Congress will be looking to wind down for the year especially if there’s an expected change in the balance of power Feldgus said the administration is open to a first-ever royalty on hardrock mines to fund cleanups of abandoned sites “I think it’s an excellent use of a royalty just like the coal industry has been paying,” Feldgus said Senate Energy and Natural Resources Chair Joe Manchin (D-W.Va.) has long called for a royalty on hardrock mines. He has also been increasingly focused on increasing domestic mineral production (E&E Daily But a proposal to create such a royalty was taken out of Democrats’ defunct climate and social spending bill amid opposition from Sen Grijalva’s bill itself would not use the royalty in this fashion instead funding abandoned hardrock mining cleanups through a separate fee levied on companies New Mexico Democratic Sen. Martin Heinrich’s mine reform bill, S. 4083 The Senate bill also included a reclamation fund and fee The National Mining Association says it’s talking to all sides of the issue but has long resisted proposals it calls punitive and anti-mining prefers a net profits calculation for royalties NMA spent $513,000 lobbying in the first quarter of the year a 22 percent increase over the same quarter a year prior according to disclosures filed with Congress Other associations pushing domestic mining are also increasing their lobbying budgets The Zero Emission Transportation Association whose members include lithium miners Ioneer Ltd spent $60,000 on lobbying in the first quarter Other witnesses at the hearing included Jeffrey Stiffarm president of the Fort Belknap Indian Community in Montana; James Chen vice president of public policy for electric vehicle startup Rivian; Sam Kalen a law professor at the University of Wyoming; and Debra Struhsacker The hearing showed things Democrats were enthusiastic to address engaged in a lengthy back-and-forth about EVs and battery metals with Chen whose company has a manufacturing facility in Plymouth held up a whiteboard comparing the harm from “mining minerals on U.S land to sell to other countries” to “solar panels that power a neighboring city.” Republicans had more time to attack the Biden administration for rising energy prices and supply chain issues “This administration is solely responsible for the prices and the energy crisis we’re seeing today,” said Rep “It is the primary driver of what we’re seeing right now with inflation and the supply chain.” staffers for the Democrats on the subcommittee chalked these absences up to scheduling conflicts and technological issues Co-sponsor Betty McCollum (D-Minn.) was leading an Appropriations hearing Donald McEachin (D-Va.) was preparing for a separate hearing Jared Huffman (D-Calif.) attended but didn’t get to ask questions Subcommittee Chair Alan Lowenthal (D-Calif.) was not at the hearing but appeared during a press conference on the legislation earlier this week (E&E Daily An aide did not return a request for comment “It’s difficult for members to make a hearing on every bill they’ve co-sponsored,” Eric Mee committee spokesperson Lindsay Gressard said that “as demonstrated by the bill’s many endorsements and the enthusiasm at this week’s press conference Chair Grijalva‘s mining reform legislation has support across both chambers of Congress and it aligns with the Biden administration’s principles for mining reform.” “Testimony from the expert witnesses at today’s hearing showed that Americans from distinctly different backgrounds and professions all share the same sentiment that we must reform our outdated mining laws now to make sure the clean energy transition prioritizes our environment Clarification: This story was updated to clarify the Interior Department’s position on the Grijalva bill Indigenous-led organizations and conservation groups (including Earthworks) that federal mining policy failed to protect natural resources and cultural sites While these concerns are not new–we have been urging Congress to reform the archaic and inadequate 1872 Mining Law for decades–they have become urgent The Biden administration and Congress are investing heavily in the transition to electric vehicles the batteries for which require minerals like lithium and nickel Meeting demand for these minerals using our existing mining laws would be a disaster.   The IWG’s recommendations ultimately fell short of what we believe is necessary to protect Indigenous rights and public lands resources in the clean energy transition the IWG did suggest a collection of helpful tools mining-impacted communities can use New public lands mining rules for Tribal cultural sites According to investment research firm MSCI the overwhelming majority of the underground reserves and resources of metals used for EV batteries are within 35 miles of Native American reservations The current system allows many exploration mines to proceed without notice to Indigenous or non-Native communities they specifically urge the Bureau of Land Management (BLM) and United States Forest Service (USFS) to require notice to Tribes and provide extra time for public review.  Second current public lands rules require mines meet specific performance standards in order to prevent “unnecessary or undue degradation” (UUD or “significant disturbances” in USFS parlance) Because those performance standards do not account for Tribal sites and resources the IWG recommends a new performance standard specially tailored to protect them.  The IWG did not say exactly how mines will avoid undue degradation to Tribal resources and define what UUD and “significant disturbances” mean.  The public lands agencies are now considering proposing rules adding new protections for Tribal resources clarifying when disturbances become significant and when degradation becomes unnecessary or undue The mining rules petition also asked BLM to require operators to provide a climate change management plan In response,  “The IWG…recommends that the BLM and USFS amend their regulations to require the submission of a climate change adaptation plan as part of a plan of operations.” For transparency the IWG also recommends publishing user-friendly mining data and compliance records on a publicly available website the government’s choices among standards for mining and human rights due diligence could become an express condition to receive public funding (T)he Department of Defense could condition financial support under the Defense Production Act on adherence to specified voluntary standards or DOE (Department of Energy) could do the same with loan authority Conditioning Federal procurement on adherence to best practices The IWG report mostly limited its scope to public lands mining reforms and does the right thing by urging Congress to pass the Clean Energy Minerals Reform Act our public lands agencies need to swiftly finalize the rules and policy updates the mining rules petition and IWG recommended we cannot mine our way out of the climate crisis the IWG also recognized that the preferred way to source the materials we need ultimately will come from circular economy standards Multiple Dams Fail at Indonesian Nickel-Mining Facilities Taking Land for Minerals Will Amplify Mining’s Harms It’s Time to Close California’s Mining Loophole Making Clean Energy Clean, Just and Equitable 1872 Mining Law Friends tell each other the truth. Unfortunately the truth here is that “critical minerals” is a term used by the mining industry to advocate for less oversight and truncated community involvement in the mine permitting process Mining should always be a last resort and any mining demands responsible oversight Trout’s report’s first tenet for responsible critical mineral development – sourcing alternatives such as recycling is where our minerals policy should be headed Let’s develop the capacity for a circular economy that will pay dividends in protecting natural resources Public and private investment all over the world has spurred innovations in these technologies that reduce the need for mineral consumption and drive demand in responsible sourcing As we shape our minerals policy—critical or otherwise—we should first consider the end of the supply chain and work our way backward our policymakers believe that the only place to get a mineral is from a new domestic mine the Europeans and the Japanese have spent the last few years lapping the United States in the race toward a circular minerals economy Belgium and Umicore are just a few examples where governments and mineral consumers have incentivized more responsible sourcing options We appreciate the work that Trout Unlimited and Backcountry Hunters and Anglers do to conserve wildlife and the water and land they depend on We hope that the hunting and fishing community can join with local elected officials recreationists and conservationists to support as a first priority a comprehensive new minerals policy governing all minerals that protects public lands and waters gives communities a meaningful voice in mining projects and allows us to get the minerals we need in a just The Initiative for Responsible Mining Assurance Acid Mine Drainage Gitxaała court ruling forces BC to reform its mineral tenure system The current system allows individuals and corporations to buy subsurface mineral rights without regard for First Nations land and consent; anyone with a “free miner” permit can stake claims online for a small fee the court ruled that the Province has until January 2025 to reform the mineral tenure system BC Premier David Eby has since moved to shut down new mining claims and active mining in Gitxaała and Ehattesaht territory But even as the case moved through the courts BC carried on approving new mining permits a single mine on Gitxaała land was responsible for over a dozen environmental offenses most of them involving excessive discharges of zinc-laden wastewater into salmon streams was found guilty and fined $30,000 for thirteen environmental violations at the Yellow Giant Mine on Banks Island Gitxaała Chief Councilor Linda Innes told The Northern View that the Nation is pleased Mossman was held to account but disappointed in what she called an insufficient punishment “The Yellow Giant Mine started with mineral claims granted without notice “The recent BC Supreme Court ruling on Gitxaała’s challenge to BC’s mineral tenure system confirms that granting mineral claims without consultation is unconstitutional.” Mossman is certainly accountable for the horrendous example of what happens when bad mines are allowed to operate without clear oversight and accountability to Indigenous Rights and Title holders these shamefully-light administrative penalties amount to nothing but small fractions of the costs of correcting the devastation left behind,” Innes said We must stop the destruction and allow the land to breathe The Province estimates the Banks Island cleanup will cost $2.2 million though Innes said the Nation fears the mine’s toxic legacy will cost much more than that “The pollution has devastated Banks Island’s salmon-rich creeks and near-shore areas and continues to this day,” she said When it comes to cleaning up mining “infractions,” it’s almost always taxpayers who bear the brunt of the bill According to ReformBCmining.ca the interim Major Mines Reclamation Security Policy is a move toward making sure mine operators pay for reclamation But the policy must be strengthened and enacted in law to ensure that polluters pay for all environmental damage they cause The government must also establish an industry-pooled fund to pay for major spills and disasters and for cleanup when companies go bankrupt With this in mind, seventeen organizations are circulating an open letter thanking the premier for calling a halt to mines on Gitxaała and Ehattesaht lands but also calling out the NDP government’s combative treatment of First Nations when natural resources are at stake “Interim measures halting mineral claim registrations and mining activities within the territories of the Gitxaała and Ehattesaht First Nations … represent a crucial step towards meaningful reconciliation where communities have a secure future with healthy forests and wildlife clean water and thriving livelihoods,” the letter reads Gitxaała and Ehattesaht were not granted any tangible relief on the ground,” the letter continues “Perhaps the most egregious example of this was the registration of thirty mining claims in or on the edge of Ehattesaht territory since the launch of the court case to fight this exact practice “It is urgent to depart from centuries-old colonial practices that delay and deny recognition of Indigenous rights such as the free entry mining claim system… The current system also puts sustainable revenue sources and local communities at risk by allowing activities incompatible with local uses such as drilling in the middle of recreation and guiding tenures.” That’s the message of a group of ten First Nations who are leading their own legal case in Treaty 9 territory The Indigenous Chiefs of Ontario are calling for a one-year pause on all mining claims on their territories in the face of rampant mining speculation the Province carries on issuing mining tenures without the consent of 133 First Nations The Province of Ontario launched an online system for mineral claims in 2018 allowing individuals and mining companies to stake claims for $50 without First Nations consent The First Nations intend to prove in court that they were assured that they could use their lands as they always had interprets the Treaty as a surrender of lands A win in court will give First Nations in Treaty 9 greater decision-making authority over mining and other resource extraction on their territories “Anyone staking a claim in Ontario automatically receives land rights to the area … Prospective miners can apply for exploratory permits when they have a claim dig into the ground with bulldozers and excavators and abandon sites with little remediation of the land: all without consulting or even notifying First Nations on whose lands all this is happening With files from The Northern View, RAVEN Trust, and ReformBCMining.ca We’re honoured to accept all contributions and bonus copies to colleges and libraries and we will publicly thank you in our magazine we always thank you from the bottom of our hearts Thanks but please hide this request for a month All monthly donations include an optional print or digital subscription The safest mine is the one that is not built Arsenic from gold mining has contaminated Dene lands for almost a century The Watershed Sentinel has been the voice of the grassroots environmental movement in BC (and beyond) for over 25 years When environmental community groups and thinkers –the folks who are working on-the-ground on issues such as water In a world where our access to news is increasingly corporate-and-algorithm-controlled we aim to amplify the stories that don't get heard elsewhere and to provide a forum for intelligent discussion about environmental issues and their broader social implications the Mexican Congress passed a set of amendments to existing statutes that materially change mining regulation and projects outlook in Mexico (the Mining Reform) The Mining Reform was published in the Federal Register on May 8 and includes major changes to Mexico's Mining Law General Law of Ecological Equilibrium and Environmental Protection and General Law for the Prevention and Integral Handling of Wastes the Mining Reform has introduced the following key changes: Security over mining concessions may only be created to guarantee obligations of the concession holders only in the event the mine is "operating" the beneficiary of the security will be required to confirm in writing its obligation to within 6 months as of the concession being transferred (i.e in the event of enforcement of the security) comply with all applicable requirements to hold the concession The beneficiary of the security will lose all rights to the concession should it fail to comply with all such applicable requirements within the 6 month term Other key developments introduced by the Mining Reform include: The implementing provisions of the Mining Reform expressly provide that "laws and regulation contrary to the Mining Law [as amended by the Mining Reform]" are to be repealed Existing mining concessions will not be revoked or cancelled as a direct result of the Mining Reform; however it is unclear whether existing concessions would be subject to the 50 year renewal term Any actions by the Mexican government seeking to revoke cancel or reverse a concession validly granted or any other expropriatory or eminent domain actions may give grounds for the affected party to seek judicial and / or arbitral relief While this should of course be reviewed on a case by case basis any such governmental actions may be construed as unconstitutional and / or contrary to international treaties to which Mexico is signatory which could open the door for affected parties to seek compensatory damages to the Mexican government through investment arbitrations the Mining Reform may potentially impact contractual relationships entered into by investors and / or mining companies prior to its enactment potentially triggering claims for breach of contract change in law and / or material adverse effect provisions Involved parties should review whether any contractual changes or notices are necessary required or convenient to preserve their interests as applicable in each case Please reach out to our Norton Rose Fulbright contacts below for any further information In July 2022 the UK Secondary Capital Raising Review published its report (Report) setting out a series of bold and wide-ranging recommendations for improving the secondary capital raising regime in the UK designed to make it quicker more inclusive of retail investors and more cost-effective as well as moving towards digitisation and making better use of technology This briefing forms part of a series looking in detail at the SRA’s guidance for in-house teams issued following a thematic review of the sector recognising the growth and importance of the in-house role and the unique pressures to which in-house solicitors can be subject The United States and Ukraine governments have announced the signature of an agreement of a minerals deal for Ukraine Subscribe and stay up to date with the latest legal news The mining industry was different over 130 years ago, when the 1872 Mining Law was signed into law by President Ulysses S The law was written to govern the archetypal “miner 49’er”: a grizzled prospector with a mule and a pick axe Today, mining is largely the business of billion dollar, multinational corporations operating in a global market. And many of the largest mining companies operating in the United States are foreign owned. For example, according to the U.S. Geological Survey seven of the top ten producing gold mines in the U.S Modern mines are enormous operations that leave behind scarred landscapes can cause significant impacts on the environment potentially affecting ground and surface waters That’s because rich mineral deposits A modern mine extracts “mineralized” deposits — where the ore contains only microscopic quantities of gold (or copper, silver, etc.) As a result, mining is extremely wasteful. For example, mining enough gold for a single ring creates 20 tons of mine waste To extract the huge volumes of waste rock and ore necessary to produce the gold/silver/copper, most modern mines are enormous open pits. These pits often exceed 1 mile in diameter and 1,000 feet in depth. Some, like the Bingham Canyon mine in Utah The pollution impacts of these operations are proportional to their size: according to the EPA, hardrock mining is the number one toxic polluter in the United States and has polluted 40% of the stream reaches of the headwaters of western watersheds What You Really Need to Know About Mine “Permitting” Reform Funding for the research and writing of this series of articles was provided by Amazon Aid Foundation “We have to be very skeptical,” says Carlos Latorre artisanal gold miner and the head of the Afro-Colombian mining company EMAGROAUP as he talks about the plans that Colombia’s new government has for the country’s mining industry Unlike most mining operations in Colombia’s Pacific region of Chocó EMAGROAUP practices a form of mercury-free extraction with low environmental impact threatening food security for local populations Petro has touted plans for widespread legislative changes which could be rewritten and enacted within six months we have to do the exact same thing as a multinational company while paying as much in taxes,” Latorre says To neglect the people or to support them?” Latorre’s problems are compounded by geography: his small mining operation is located in a region largely in the grip of organized crime While he says the gangs generally don’t enter his territory when they do he has to pay them a fee or vacuna just to be able to live and work safely And while formalizing won’t protect Latorre from the gangs as a legal miner he can apply for financing and avoid harassment by law enforcement says he hopes President Petro and Vice President Francia Márquez will look after small players like him given Colombia’s history of favoring multinationals as well as a tendency to look the other way when it comes to illegal gold mining illegal gold mining in Colombia is linked to grave environmental degradation As they blew up bulldozers used in illegal mining operations they were met with resistance from locals supporting the miners the government has consulted more than 14,000 people from local communities aiming to draft and have Congress approve a new code as early as mid-2023 The reform envisions better conditions for miners across Colombia “We trust that better socioeconomic conditions will persuade those who today exploit minerals illegally and use highly toxic compounds to move toward a regulated practice that complies with mining and environmental parameters.” Vélez says she wants to reform the Mining Code for “all Colombians” while “making heard the voices of those who have historically been marginalized.” She says better solutions will come through a participatory process (a first for Colombia) drawing on the knowledge of communities that for generations have mined gold within their own territories Alongside reforming the Mining Code, Márquez has been leading a consultation process with Afro-Colombian communities in the Pacific region to update a 1993 law on land rights for Afro-Colombian communities many of which have been mining for generations should have economic rights over their territory including special provisions to conduct artisanal But despite the law, forced displacement by criminal groups and multinational companies has persisted and Latorre says his community has struggled to secure mining rights within their own territory He and other community leaders from across the region sent the government a proposal to improve the law The government says it has drafted changes to the law that will make it easier for Afro-Colombian miners to work legally within the new Mining Code The law was passed in the final months of the previous administration and the ministries of mines and the environment are now both working on a plan to implement the law Not everyone finds the government’s commitments to both environmental protection and small-scale gold mining realistic “I don’t believe that artisanal and small-scale miners alone can do this,” says Marcello Veiga a mining engineer from the University of British Columbia “They need technical and financial support which I don’t see in the government … [Artisanal] mining is a good route but it’s not a sustainable one.” Veiga, who has decades of experience working with miners in Colombia, says a more feasible means of getting miners to work responsibly is the “coexistence model,” in which artisanal miners sell their ore to large-scale companies that have the resources and know-how to process it responsibly mercury’s damaging — even fatal — effects on humans animals and the environment are well-known “The fact that mercury is being used doesn’t mean it should continue to be used or that it must be used,” says Marcos Orellana special rapporteur on toxics and human rights But until all 128 countries required to amend the Minamata Convention manage to agree “The use of mercury in mining in Colombia is an enormously complex problem,” she tells Mongabay the legislation [mercury ban] active in Colombia has taught us that prohibition is not an effective method because making the substance illegal creates irregular markets and criminalizes the miner without offering solutions or methods to control contamination.” Rather than rely on bans and military-backed enforcement, the new Colombian government is hoping to incentivize cleanly sourced gold through the creation of a national mineral company a government-run buyer of gold and other minerals due to the risks and higher premiums associated with sourcing schemes demand for gold traded through such schemes remains low Vélez says she hopes the national mineral company can reward miners who practice cleaner mining techniques and follow government standards but adds the international market also needs to step up by offering bonuses and support for miners who choose to work responsibly Vélez says her ministry, along with others, has been participating in Amazon Regional Roundtable discussions which have included meetings with local Indigenous leaders and collectively deciding on how best to control “irregular mining activities” and their adverse effects on Indigenous communities “I seek a change in the mining and energy model that guarantees life and the ethnic and territorial rights of communities and respect for the environment,” she says “That’s why we decided it was so urgent to reform the Mining Code.” After decades of struggle against government neglect his operation finally gained the right to mine in his territory in 2021 under a rare title granted to traditional miners But after a long history of government neglect and preferential treatment for multinationals Latorre says he refuses to buy the new government’s promises “Don’t expect fish to appear on the table if you don’t learn to catch it yourself.” Salazar-Camacho, C., Salas-Moreno, M., Paternina-Uribe, R., Marrugo-Negrete, J., & Díez, S. (2021). Mercury species in fish from a tropical river highly impacted by gold mining at the Colombian Pacific region. Chemosphere, 264, 128478. doi:10.1016/j.chemosphere.2020.128478 Veiga, M. M., Tarra A, J. A., Restrepo-Baena, O. J., & De Tomi, G. (2022). Coexistence of artisanal gold mining with companies in Latin America. The Extractive Industries and Society, 12, 101177. doi:10.1016/j.exis.2022.101177 Casso-Hartmann, L., Rojas-Lamos, P., McCourt, K., Vélez-Torres, I., Barba-Ho, L. E., Bolaños, B. W., … Vanegas, D. (2022). Water pollution and environmental policy in artisanal gold mining frontiers: The case of La Toma, Colombia. Science of The Total Environment, 852, 158417. doi:10.1016/j.scitotenv.2022.158417 Banner image: Small and artisanal gold miners in Colombia want their work formalized but they doubt that the government which has long favored multinational companies courtesy of the Ministry of Mines and Energy FEEDBACK: Use this form to send a message to the author of this post A 13-year fight against gold mining in Colombian community marches on In Colombia, a new president faces old environmental challenges The “fortress conservation” model is under pressure in East Africa, as protected areas become battlegrounds over history, human rights, and global efforts to halt biodiversity loss. Mongabay’s Special Issue goes beyond the region’s world-renowned safaris to examine how rural communities and governments are reckoning with conservation’s colonial origins, and trying to forge a path forward […] pushing the federal government to limit mines.The committee is led by the Interior Department and includes representatives from the Environmental Protection Agency the White House and the Advisory Council on Historic Preservation.Reporting by Nichola Groom; Editing by Aurora Ellis Our Standards: The Thomson Reuters Trust Principles., opens new tab , opens new tab Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. , opens new tabScreen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. © 2025 Reuters. All rights reserved Please check your email and enter your one time pin below:   Open in Gmail Sorry there was an error loading the audio On 16 September 2024 Zambia’s Minister of Mines and Minerals Development signed an MOU with the Geological Survey of Finland to provide third-party quality and accuracy assurance for a nationwide geological survey the tender for which has gone to Spanish firm Xcaliber It is the latest international agreement to rejuvenate the nation’s copper industry, with previous agreements including partners from China, the EU, India, the UAE, the UK and the US. advertisementDon't want to see this? Remove ads Domestic constituents and external partners have so far demonstrated patience with the administration’s wider economic reform agenda The complexity of its debt renegotiations means there will not be a single “mission accomplished” moment Incremental progress will prove longer-lasting than rapid unsupported change even if the positive effects of the reforms are outweighed by the impacts of the drought and advances should ease lending for commercial entities and free up the administration’s time and attention for other areas global expectations that Zambia can spearhead Africa’s green mineral transformation may be ahead of current economic realities on the ground The commencement of debt servicing will reduce available funds from the treasury More than halfway into the electoral cycle President Hakainde Hichilema’s government knows it must now show delivery The Hichilema government has repeatedly asserted its commitment to a private sector-led mining industry Like other African countries seeking to capitalise on their resource endowments it faces the challenge of overseeing institutions that support and appropriately regulate private investment while simultaneously ensuring that citizens benefit from the potential wealth The presidential delivery unit (PDU) is at the forefront of pushing for and managing change especially towards the nation’s highly ambitious three million tonnes of copper output target a reform process that was intended to support the industry and its contribution to growth has become mired by competing interests and poor communication that have resuscitated old debates on resource nationalist policies and could seriously threaten the industry Three pieces of legislation encapsulate this regulatory upheaval As much as governments are tempted to instigate new policies, Zambia needs to demonstrate consistency and move beyond its reputation for repeated regulatory change. The government has pushed ahead with the legislative change, which divides the responsibilities of the state as a participant in the industry from those of a regulator. advertisementDon't want to see this? Remove ads The new Minerals Regulation Commission Bill will set up an independent commission to govern the industry This is intended to separate the role of the commission as a referee from the state as an active industry player A new Geological Minerals and Development Bill which will be introduced in the new parliamentary session will replace the existing Act to legislate the explorative and mining role of the department The industry asserts that this will put off investors as will proposals for a 30% production share especially in a context where there are several exploration projects in the country but no pipeline of new productive operations While security of tenure for investors is protected in law the bureaucratic desire to retain control remains strong and government partnership looks to be a prerequisite to access mineral rights that sit with the sovereign the president withheld consent for the Bill creating the mineral commission His supporters characterised the move as him acquiescing to industry viewpoints Legislators and the ministry argue that the two Bills are mutually reinforcing and so ought to progress together. Where people see gaps in one, they will find their answers in the other. The industry disagrees and remains sceptical of creeping state involvement.advertisementDon't want to see this? Remove ads This breakdown in communication is further seen in the confusion surrounding the third regulatory change – the development of a statutory instrument (SI) on local content While local content requirements currently sit under wider economic governance Acts the new SI will be specific to the mining sector An initial draft of the SI stated that the starting threshold would be for a 25% local content requirement with the ambition for this to progressively increase over time having already been amended from the initial intention to have all procurement contracts under one million dollars reserved for Zambian companies Yet the recently launched Green Mineral Strategy puts the required local content threshold at least at 35% yet elsewhere in the document stipulates a target of 5% in 2025 This has caused significant confusion and further scepticism of the reform process Legislation alone will not provide for the scale of local industry and manufacturing required to service the mining industry Most top-tier mining firms have some form of local content policy and the intention of providing economic opportunities beyond the gate is tightly wrapped into their social licence practices Greater attention must be paid by the government to supporting the development of local industry rather than simply legislating to the benefit of a few existing suppliers Turning Zambia into a truly private sector-driven economy requires substantial change to existing business practices and state functions Some change is a matter of implementing more robust systems Government-wide digitisation of data management and payments is apparently already improving corruption But state tenders and licensing have been central to the economy and relinquishing this control requires concerted effort and senior political will Inconsistency and poor communication are exacerbating the division over legislative intentions Concerned advisers are warning of investment drying up At the policy research and implementation level there is no shortage of international assistance and goodwill Consultancies and research organisations offer well-framed policy recommendations to varying degrees of usefulness But they need to better understand and appreciate the realities on the ground and scope for change Lasting progress needs to be owned and promoted by Zambians Reformation was supposed to show a shift in mindset and the development of a constructive institutional framework a quarter of a century after privatisation in a nation that exemplified both the social benefits and economic costs of nationalised mining The cumulative effect of the policy changes in favour of the state are rattling an industry that is still in relative infancy in the country Zambia’s broader domestic reform agenda is challenging vested interests This needs to extend into its most important economic sector Genuinely reshaping governance of the mining industry to reflect political rhetoric on privatisation will require increased coordination between the presidency and implementing bodies and needs to be backed by a holistic vision of where the economy and mining sector should be Christopher Vandome is a senior research fellow at Chatham House ' + scriptOptions._localizedStrings.webview_notification_text + ' " + scriptOptions._localizedStrings.redirect_overlay_title + " " + scriptOptions._localizedStrings.redirect_overlay_text + " ShareSaveCommentLeadershipLeadership StrategiesTo Meet Global Cobalt Demand, Companies Must Reform Mining Practices In The CongoByMichael Posner Forbes contributors publish independent expert analyses and insights I write about human rights and leadership in a global context.Follow AuthorFeb 09 01:40pm ESTShareSaveCommentThis article is more than 2 years old.KAWAMA DEMOCRATIC REPUBLIC OF CONGO - JUNE 8: A worker descends into a copper and cobalt mine in .. Cobalt is used in the batteries for electric cars and mobile phones (Photo by Michael Robinson Chavez/The Washington Post via Getty Images) Speaking to a mass audience in the capital of Kinshasa the Pope described “terrible forms of exploitation unworthy of humanity and of creation.” He exhorted that foreign corporations to change their business practices saying “Stop choking Africa: it is not a mine to be stripped or a terrain to be plundered.” a number that is sure to grow as the production of climate-friendly electric cars expands Individuals on the periphery of large industrial mining sites resort to makeshift methods to collect the cobalt It is virtually impossible to separate ASM cobalt from the product coming from mechanized mines Hundreds of thousands of destitute ASM miners collect scraps of cobalt from the ground daily into which they climb to gather rocks containing cobalt ore The cobalt they collect is placed into burlap bags and sold to Chinese traders in each local community This cobalt is identical in composition to what is excavated from mechanized mine sites and the two flows of minerals are routinely co-mingled The vast majority of DRC cobalt is shipped to China for refining and then sold to battery makers around the world Most major western cobalt buyers are clinging desperately to this implausible position seeking to distance themselves from the challenges associated with the informal mining sector It is past time for companies like Glencore to acknowledge that as the beneficiaries of cobalt profits they bear direct responsibility for addressing the challenges in informal mines Two recent publications support this view. The first is Cobalt Red a new book by Siddharth Kara a UK-based expert on modern slavery and senior fellow at the Harvard School of Public Health Kara pulls back the curtain on the grim conditions of ASM cobalt mining in the DRC The book delivers a sober assessment of the industry concluding that “the destruction caused by cobalt mining in the name of renewable energy is without contemporary parallel.” Kara'a book should serve as a wake-up call for reform not to abandon the DRC and the hundreds of thousands of people working in these mines Baumann-Pauly makes several sensible recommendations about how global mining companies and relevant governments need to address the cobalt market corporate buyers of cobalt should acknowledge that ASM is an integral component of cobalt mining in the DRC They need both to accept their own share of responsibility for addressing the challenges and play a role in developing enforceable safety and labor standards It is not credible for any company to assert that its own operations are fully insulated from ASM mining the only way to make real progress in limiting child labor or improving mine safety is to formalize these ASM sites Formalization entails putting fences around active mining areas and developing strict safety protocols that are safeguarded by local mining cooperatives The access controls provide a means of excluding children from work sites This model was successfully tested at one mine in a place called Mutoshi beginning in 2018 though the venture was suspended in early 2020 because of Covid One important takeaway from the truncated pilot effort is that mine safety improved in large part because the mining company in question created shallow open pits to replace precarious vertical shafts Another is that male miners could be dissuaded of traditional superstitions about working with women With more women integrated into the workforce family incomes increased and economically active mothers sent more of their children to school rather than to the mines and the formalization experiment succeeded — until it was unfortunately cut short by the pandemic participants in the cobalt market need to restart the promising pilot project at Mutoshi and other sites around the DRC A third recommendation centers on the need to involve local actors in these reforms both mining cooperatives that can give workers a voice in shaping their future which has an essential regulatory role to play To the extent that the DRC government falls short in achieving its objectives governments in countries where major cobalt buyers are based – including Germany Japan and South Korea — need to support the DRC and the companies to develop and enforce strong human rights standards including those already on the books in the DRC and governments can and should embrace as a roadmap for promoting human rights A century and a half of subsidizing irresponsible mining Families across the country live with pollution from irresponsible mining and taxpayers—not polluters—too often pay for a cleanup bill which has reached $50 billion which governs hardrock mining on 350 million acres of federal public lands mostly in the West and Alaska: more than 15% of all the land in the United States The law is out of touch and out of scale with modern industrial hardrock mining We need a mining law that will protect drinking water give communities a voice in mine permitting decisions that affect them and hold mining companies responsible for their pollution The Mining Law directly subsidizes extraction by allowing mining interests to mine taxpayer-owned minerals without paying any royalties Whoever stakes a claim and discovers valuable minerals on public lands claims those riches—more than $300 billion and counting since 1872—without giving taxpayers a dime for them 19th century America wasn’t concerned with environmental protection so the 1872 Mining Law contains no environmental protection provisions—and hardrock mining has been the country’s #1 toxic polluter for as long as anyone has kept track Loose regulations allow mining companies to come in taxpayers—not the polluters—are paying for cleanup.  In the modern era, federal land management agencies have consistently argued that they cannot deny hardrock mining proposals because of the 1872 Mining Law. Federal land managers are on record declaring that the 1872 Mining Law gives them no choice but to permit mining no matter if the land is better used for recreation the federal government treats that claim as a right-to-mine Earthworks is working to reform this archaic law to better protect taxpayers New Biden Administration Report Calls for 1872 Mining Law Reform The Mining Industry Side Deal Threatening to Shut Down the Government Reform the 1872 Mining Law to Protect Sacred Sites like Indian Pass It’s Time for the Feds to Update Mining Regs Just Minerals 43,000+ global companies doing business in the region 102,000+ key contacts related to companies and projects news and interviews about your industry in English This opinion column was submitted by Daniel Corona, mayor of West Wendover the Hardrock Mining Law has not been modernized which is unfathomable when you consider how much this industry and its practices have changed since the law’s inception efforts to reform this 150-year-old law have stopped and started in Congress — most recently during last year’s reconciliation process — with no reforms reaching the finish line and it’s high time for both legislative and administrative change especially as we see a rise in the demand for metals such as lithium and copper to help our nation cut emissions and meet clean energy goals the General Mining Law of 1872 was established to govern the comparatively small-scale hard rock mining industry of the 19th century — not effectively and responsibly regulate the mining practices of today companies are able to extract minerals such as silver and gold from our public lands royalty-free (and the U.S We also do not have a designated program for cleaning up abandoned mines which means it is incumbent upon communities and the EPA’s restrictive Superfund program to address the impacts of pollution The reforms laid out by our federal leaders and the Biden administration are good ones; they call for the establishment of fair federal royalties and a reclamation program but also comprehensive planning to protect our communities tribal resources and fragile ecosystems; decreasing reliance on mineral imports and creating quality jobs for Americans; and strengthening public input and tribal consultation on potential mining projects Now I call on leaders at all levels of government to do what they can to support It’s only common sense and fair practice to implement changes that ensure the hard rock mining industry plays by a set of rules that is equitable to other extractive resource industries and takes into consideration the welfare of our lands Daniel Corona is the mayor of West Wendover Nevada and a contributor to Western Leaders Voices a program of Western Leaders Network that helps amplify the voices of tribal local and state elected leaders on conservation issues in the West Have your say: How to submit an opinion column or letter to the editor Please enable JS and disable any ad blocker Iwok Iniobong $(document).ready(function(){(adsbygoogle = window.adsbygoogle || []).push({})}); just one day before work on the Rosemont Mine was to commence near Tucson Soto issued his ruling in the Center for Biological Diversity v Judge Soto’s ruling halted any work on the Rosemont Mine until further notice This decision is an enormous win for impacted residents mining claims do not become valid unless the claimant discovers minerals Simply placing a stake in the ground and filing some paperwork is insufficient The Court found Hudbay never intended to use their claims for mining their Forest Service approved plan called for using the claims as a site for disposing Hudbay’s mine waste Judge Soto’s ruling vacated the final environmental impact statement (FEIS) that the Forest Service had granted the Rosemont Mine in 2013.[6] As a result, the U.S. Army Corps of Engineers (“Corps”) suspended the Clean Water Act permit granted to the Rosemont Mine.[7] The Corps’ permit was based on the FEIS approved by the Forest Service Hudbay Minerals cannot operate the Rosemont Mine if the Court of Appeals affirms Judge Soto’s ruling we could see improvement in resource protections from future mining projects on public lands mining companies will have to prove their claims the ruling lays bare the permissive way the Forest Service deals with mining companies This reinforces the push for reform of the Mining Law of 1872 Mining reform will provide mine claimants or lessees with the regulatory certainty they desire safeguards for public health and the environment including ending an antiquated system that has led to the conditions we see at Rosemont [1] Ctr [2] Id [3] Tony Davis, “Rosemont takes steps that could get around judge’s ruling blocking the mine,” Arizona Daily Star, 26 Oct. 2019, https://tucson.com/news/local/rosemont-takes-steps-that-could-get-around-judge-s-ruling/article_62c101d8-8c7e-58ef-9a4b-9a20e4053a90.html [4] Id [5] Ctr [6] Id at *4 [7] Tony Davis, Army Corps suspends Rosemont Clean Water Act permit, Arizona Daily Star, 27 Aug. 2019, https://tucson.com/news/army-corps-suspends-rosemont-clean-water-act-permit/article_3f4dc1d0-c83c-11e9-be49-4f20269474e5.html [8] Id [10] Tony Davis, “Rosemont takes steps that could get around judge’s ruling blocking the mine,” Arizona Daily Star, 26 Oct. 2019, https://tucson.com/news/local/rosemont-takes-steps-that-could-get-around-judge-s-ruling/article_62c101d8-8c7e-58ef-9a4b-9a20e4053a90.html [11] Id Arizona Fight Trump's destructive agenda all year!