Click the link to read the article on The Land Desk website (Jonathan P. Thompson):
March 25, 2025
โ๏ธMining Monitor โ๏ธ
Last week, President Trump signed an executive order โ his 150th so far this term, by my rough count โ invoking the Defense Production Act to expedite mining on federal lands. The wording of the order suggests that the aim is not just to cut through some of the red tape hindering proposed projects, but to incite the industry to mine areas that it may not have been considering previously.
The order has understandably alarmed public lands advocates, but it has also spawned some misconceptions, particularly concerning the 1872 General Mining Law.
While Trumpโs attacks on the nation and public lands have been of unprecedented scope and scale so far, his use of the Cold War-era DPA is not unprecedented or even all that unusual. The Carter administration used it to justify pouring billions of dollars of subsidies into โsynfuelโ production as part of its quest for โenergy independence.โ This sparked massive oil shale operations in western Colorado (which crashed spectacularly). And Biden used the Act to encourage mining for so called โgreen metals,โ such as lithium, boron, and manganese. He also streamlined permitting for the proposed Hermosa manganese mine in southern Arizona, and loaned the contested Thacker Pass lithium mine in Nevada $2.6 billion.
But Trumpโs order goes much further than Bidenโs. He is expanding the list of target minerals to just about everything, including โcritical minerals, uranium, copper, potash, gold, and any other element, compound or material as determined by the Chair of the National Energy Dominance Council, such as coal.โ While Biden wanted a survey of the nationโs mineral production capacity, and promised to adhere to all existing environmental laws and consult with tribal nations, Trump is ordering his agencies to:
- Compile a list of all proposed mining projects โin order to expedite the review of those projects in coordination with the National Energy Dominance Council.โ
- Amend or revise land use plans under the Federal Land Policy and Management Act as necessary to โsupport the intent of this order.โ
- โIdentify as many sites as possible that might be suitable for mineral production activities that can be permitted as soon as possible.โ
- Prioritize mineral production activities over other types of activities on federal lands.
- Provide financing, loans, and investment for new mines, including from a โdedicated critical minerals fund established through the U.S. International Development Finance Corporation.โ
- โNew recommendations will be provided to Congress regarding treatment of waste rock, tailings, and mine waste disposal under the Mining Act of 1872.โ
Instead of adhering to environmental laws, Trump would simply alter them to support mining. He not only wants to help out proposed projects with regulatory and financial subsidies, but also wants to spur on new projects on โas many sites as possible.โ And he is prioritizing mineral extraction over all other activities on federal lands, a blatant violation of the Federal Land Policy Management Actโs multiple-use mandate.
That would mean not only that mining would take precedence over conservation and recreation, but also livestock grazing and other extractive uses. The OHV crowd thatโs worried about the BLM closing a few roads to motorized vehicles around Moab might just find themselves ousted from a lot more areas by potash ponds, uranium mines, or lithium operations.
Trumpโs recommendations to Congress likely will be to tweak the 1872 Mining Law to ensure that mining companies can store waste on public land mining claims that arenโt valid, meaning that they have not proven that the parcels contain valuable minerals. This was actually the norm for decades until 2022, when a federal judge ruled that the proposed Rosemont copper mine in Arizona could not store its tailings and waste rock on public land. That ruling was followed by a similar one in 2023, leading mining state politicians from both parties to try to restore the pre-Rosemont Decision rules.
Itโs around the General Mining Law that misconceptions have arisen. The folks at More Than Just Parks say the new order โdoesnโt create a new legal framework. It exhumes an old one โ a fossil from the 19th century โฆ Itโs the Mining Act of 1872, back from the dead, and now wearing body armor.โ Which is a nice way to put it, but the Mining Act never died, so this order canโt revive it.
The other misconception appeared in Lands Lost, another great Substack focusing on public lands, which wrote: โโฆ there are no meaningful environmental safeguards in place because public land mining is a free-for-all governed only by an 1872 law thatโs never been modernized.โ
Itโs true that the 1872 Mining Law is inadequate, allows mining companies or individuals to stake a claim to any public land without public input or environmental review, conduct exploratory work with a minimum of review, and pay no royalties on hardrock minerals they extract. However, the federal agencies do have additional regulations governing mining. Before a company can do any actual mining, it must get an operating permit from the Bureau of Land Management, U.S. Forest Service, or Department of Energy (depending on the landโs jurisdiction), which includes an environmental review (either an EA or a more extensive EIS, depending on the scope of the project). A mine may also need a Clean Water Act permit for any water discharges, including draining adits, and many states require additional permits as well.
By ordering the agencies to alter the FLPMA land-use plans to accommodate mining, Trump is essentially doing away with these additional safeguards, which really is scary. That would take us back to a time when the 1872 Mining Law was the only federal regulatory framework, which would give mining companies a free rein to trash public lands. However, Trump canโt do much about state requirements, except to try to bully them out of existence. [ed. emphasis mine]
The order applies only to federal lands, so mining projects that are on patented mining claims โ which are entirely on private โ would not be affected (although they might be eligible for the government handouts).
Proposed projects this fast-tracking could affect include:
- Resolution Copperโsย proposed massive copper mineย at Chiโchil Biลdagoteel, aka Oak Flat, in central Arizona.
- Copper World Complexย nรฉe Rosemont Mine in the Santa Rita Mountains south of Tucson, Arizona. After a judge kiboshed Canada-based Hudbayโs plan to dump mine waste on U.S. Forest Service land, the firm decided to base the initial phase on patented, i.e. private, mining claims and later expand to public lands.
- South32โs proposedย Hermosa Mineย in the Patagonia Mountains of southern Arizona. Biden already fast-tracked permitting for this battery-grade manganese mine, but Trumpโs order could speed it along even more.
- Energy Fuelsโ Roca Honda uranium mine and Laramide Resourcesโ La Jara Mesa uranium project, both onย Forest Service landย near Grants, New Mexico.
- Anson/A1โsย proposed lithium extractionย projects and American Potashโs lithium and potash projects on BLM land east and north of Moab and south of Green River, Utah.
- Lithium, copper, and uranium projects on BLM land inย the Lisbon Valleyย in southeastern Utah.
- Numerous proposed uranium mining projects on Energy Department leases and BLM land in the Uravan Mineral Belt in western Colorado.
- Atomic Mineralsโ uranium prospects onย Harts Point, just outside the boundaries of Bears Ears National Monument.
- Metallic Minerals is only doingย exploratory drillingย on its mining claims in the La Plata Mountains of southwestern Colorado, and have yet to make any mining plans public, so itโs not clear whether Trumpโs order would affect this contested project.
- Learn more about these and other projects with theย Land Deskโs Mining Monitor Map.
Those links up ^^ there? A lot of them are to paywalled Land Desk archives. Break down the paywall and support oligarch-free journalism by becoming a paid subscriber now.
๐ต Public Lands ๐ฒ
Also last week, in a short-on-details Wall Street Journal opinion piece, Interior Secretary Doug Burgum and Housing and Urban Development Secretary Scott Turner unveiled a plan to transfer or lease โunderusedโ public lands to states or localities for affordable housing. An Interior official then told Bloomberg Lawโs Bobby Magill that the Bureau of Land Management is considering selling about 400,000 acres of federal land within 10 miles of cities and towns with more than 5,000 people for housing development.
This isnโt surprising: Republicans and Democrats have both been itching to grab some public land for housing for a while. And the stated intent, to add affordable housing to increasingly unaffordable public lands-gateway communities, is noble.
And yet, the plan โ as scant in particulars as it is โ is still riddled with problems.
Burgum has made it clear that he distinguishes between โspecialโ and โour most beautifulโ public lands, i.e. those that are in national parks or national monuments, and the remaining โunderused,โ โinhospitable or unoccupiedโ lands. The lands on the urban fringes he intends to take out of the American publicโs hands belong to the latter category, apparently.
But those same lands are valuable, especially to the nearby communities. They provide an easy-to-access refuge โ for humans and wildlife โ from the urban din, as well as recreational opportunities. In fact, the close proximity of these public lands makes the communities more desirable and therefore more expensive: think Animas Mountain in Durango, the Slickrock Trail in Moab, Jumbo Mountain in Paonia, the Lunch Loop trails in Grand Junction, the Buckeye Hills near Phoenix, or the Juniper Woodlands trails outside Bend. Now imagine them covered in houses.
Because BLM lands are almost always outside the urban boundaries, developing them will lead directly to sprawl and all of its impacts, including more traffic and associated pollution and safety issues.
So far, the Interior Department hasnโt given any indication that it would require the land to be used for affordable housing. And, as Center for Western Priorities points out in a statement on the plan, the administration hardly seems interested in fixing the housing crisis, given that it is planning to eviscerate HUD and has frozen some $60 million in funding for affordable housing.
Which leads me to think they are using Sen. Mike Leeโs stalled HOUSES Act, which also calls for putting houses on โunderutilizedโ federal land, as a model. But that legislation has no affordability restrictions and its density requirement โ a mere four houses per acre โ is just more sprawl.
Thatโs because Lee and company are going with the supply side theory, which posits that simply building more houses will lower costs enough to make them affordable. While this theory does hold in certain cases, it does not apply to most Western public lands-gateway, amenities communities, where seemingly unlimited demand is always bound to outpace supply. And that means this plan is just another scheme to take public lands out of Americansโ hands and give them to the private sector.
On the housing supply-side theory JONATHAN P. THOMPSON SEPTEMBER 19, 2023: https://www.landdesk.org/p/on-the-housing-supply-side-theory
๐ธย Parting Shotย ๐๏ธ



























































































































































