Mining Waste, Fraud, and Abuse Prevention Act of 2025

(a) Current violations. Unless corrective action has been taken in accordance with subsection (c), no permit under this title may be issued, transferred, assigned, or sold to an applicant if the applicant or any agent of the applicant, the operator (if different from the applicant), any claim or lease holder (if different from the applicant) of the claim, license, or lease concerned, or any affiliate of the applicant is in violation of the following:

(1) This Act.

(2) An applicable State or Federal toxic substance, solid waste, air, water quality, or fish and wildlife conservation law or regulation at any site where mining, beneficiation, or processing activities are occurring or have occurred.

(3) The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) at any site where surface coal mining operations are occurring or have occurred.

(b) Suspension. The Secretary concerned shall suspend a permit, in whole or in part, if the Secretary concerned determines that any of the entities described in subsection (a) were in violation of any requirement described in subsection (a) at the time such permit was issued.

(c) Correction

(1) Reinstatement

(A) In general. The Secretary concerned may issue or reinstate a permit under this title if the applicant submits proof that—

(i) the violation under subsection (a) or (b) has been corrected or is in the process of being corrected to the satisfaction of the Secretary concerned and the regulatory authority involved; or

(ii) the violator has filed, and is pursuing at the time of such submission, a direct administrative or judicial appeal to contest the existence of the violation.

(B) Appeal of relationship to affiliate. An appeal of the relationship of an applicant to an affiliate shall not constitute a direct administrative or judicial appeal to contest the existence of the violation under subparagraph (A)(ii).

(2) Conditional approval

(A) In general. A permit that is issued or reinstated based upon proof submitted under this subsection shall be conditionally issued or conditionally reinstated, respectively.

(B) Suspension; revocation. The Secretary concerned shall suspend or revoke a permit that is conditionally issued or conditionally reinstated if the relevant violation is not successfully abated or is upheld on appeal.

(d) Pattern of willful violation. No permit may be issued under this Act to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this Act by the applicant, an affiliate of the applicant, or the operator or claim, license, or lease holder if different than the applicant.