On Monday, November 9th, the U.S. Senate voted to advance the Bipartisan American Affordability and Jobs Act (BAAJA) for debate. The bill is now moving rapidly through the legislature, with the Senate cancelling a planned recess on Veterans Day to push for a second and final vote as soon as tomorrow, November 13th. One of the many components of the 400-plus-page bill is the Mining Regulatory Clarity Act. If passed into law, MRCA would have devastating consequences for Oak Flat and other sites under threat by hard-rock mines in Arizona.
“We are not opposed to permitting reform generally – the word is literally in our organization’s name,” said Nick Arcobaleno, Executive Director of the Arizona Mining Reform Coalition. “And we recognize that significant improvements can and should be made to the permitting process for projects on public lands. What we cannot condone is a bill that is being so recklessly rushed through the legislative process, and one that so flagrantly undermines key environmental laws and the public and Tribal input that drives them. We join with Tribes and all Americans who want any industrial development to be open, accountable and environmentally responsible. We oppose this bill based on MRCA’s inclusion alone, but there is far more here that merits concern. Permitting reform is a task best handled by the incoming Congress in January 2027, not as a last-minute addition to the current legislative session.”
What can I do?
If you live in Arizona, call Senator Ruben Gallego at (202) 224-4521 and Senator Mark Kelly at (202) 224-2235 and tell them that BAAJA cannot pass as currently written. Have your name, zip code, and bill name (S. 5653) ready, along with a one or two sentence statement about why you are urging your Senator to oppose the bill.
If you live in another U.S. state, call the Capitol switchboard at (202) 224-3121 to connect with your Senators and leave them a message.
After you’ve called, you can also use Action Network’s built-in tool to email your Senators as well.
What is BAAJA?
The Bipartisan American Affordability and Jobs Act of 2026 (BAAJA; S. 5653) was introduced on September 30th, 2026. The bill as introduced contains seven titles within two divisions, which aim to reform certain federal environmental review and permitting processes to expedite a wide range of project types, with an emphasis on energy-related projects. Crucially, the bill as written includes the full text of the proposed Mining Regulatory Clarity Act (pp. 306-318).
What is the Mining Regulatory Clarity Act?
Originally introduced independently in 2023 and again in 2025, the Mining Regulatory Clarity Act (MRCA; H.R. 1366) “creates a new statutory category of ‘mill sites’ for public land areas essential for activities such as waste rock or tailings disposal and other operations directly related to mineral development, provided these activities are part of an approved plan of operations. The bill imposes a five-acre limit per individual mill site but allows operators to claim multiple mill sites as needed.”
What would MRCA do, in practice?
From the Center for Biological Diversity: “Under Arizona’s 1872 Mining Law, mining and millsite claims must be deemed valid before the right to mine on those lands is vested. The so-called Mining Regulatory Clarity Act would bypass the validity requirement and grant mining companies – including foreign companies – the statutory right to permanently occupy and indiscriminately use public lands upon approval of a company’s self-written plan of operations.”
In other words, MRCA would permit mining companies to dispose of waste on public lands where they hold no valid claims.
Why is BAAJA bad for Oak Flat, and other sites under threat by hard-rock mines in Arizona?
In addition to essentially allowing mining companies to dump toxic waste wherever they see fit, the bill would significantly undermine key environmental laws like the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA). It would also weaken consultation requirements for Tribes, and disregard Arizona voters – 70% of whom stated in a 2025 poll that they would prefer elected officials emphasize protections for water, air, habitat, and outdoor recreation opportunities over drilling and mining on public lands.
Where can I learn more?
You can read the full text of BAAJA here.
You can read the original text of MRCA here.