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Senate Approves Bill Regulating Mining in Indigenous Lands, Provides for Royalties Payments to Communities, and Limits Exploration to Mining Activities with Environmental and Social Restrictions. The Proposal Will Still Go to New Committees.
The Senate Human Rights Committee approved on August 20, 2025, the PL 1,331/2022, which regulates mining and prospecting in indigenous lands.
The proposal allows third parties to operate with prior consent from the affected communities and prohibits industrial mining, in addition to preventing exploration in areas inhabited by isolated peoples, permanent housing sites, and spaces essential to traditions.
The text is not yet law and will proceed for analysis by the Environmental Committee.
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Who Can Explore and Under Which Conditions
Individuals or companies may carry out mineral research and prospecting in indigenous lands as long as the impacted communities agree to the undertaking.
The authorization requires specific and documented consultation, and the decision must reflect the will of the majority of the involved population, not just of leaders.
Additionally, the beneficiaries of the authorization may hire indigenous people as workers, respecting the stipulated safeguards.
The project stipulates that no activity may cause harm to the cultural, social and economic integrity of the communities.
Thus, even with consent, the operation must comply with current environmental and indigenous laws, as well as the conditions set in the consultation process.
How Much Will Be Paid to Communities and Federal Entities
The text establishes that the affected indigenous peoples will receive between 2% and 4% of gross revenue obtained from the sale of the mined mineral.
When exploration occurs in more than one indigenous land, the distribution will be proportional to the area or impact, as provided for in the process instruments.
There will also be financial compensation to the states, the Federal District, and municipalities through the CFEM, with rates limited to 4%.
Payments to indigenous communities will be in addition to this compensation and will have parameters defined in specific regulations.
Where the Activity Will Remain Prohibited
Mining in the lands of isolated peoples, prospecting in permanent housing areas, and in all zones considered necessary for maintaining the traditions of the community remain prohibited.
The proposal also prohibits industrial mining in indigenous lands, limiting it to research and prospecting modalities when there is community agreement and compliance with other legal requirements.
Prior Consultation: Deadlines and Rules
The consultation must occur within up to three months, renewable only once for an equal period.
During this process, the dialogue must use the native language or the official language, with an interpreter whenever necessary.
Representative entities of the interested peoples need to participate, and discussions should include topics such as human rights, the environment, access to water, and management measures that improve local quality of life.
The process must evaluate the concerns and expectations of the communities, foresee prevention and compensation actions, and adhere to good faith criteria, with decisions made by majority and prohibition of unilateral deliberations.
The proposal also provides that specific regulations will address the entry of third parties into indigenous lands for conducting consultations.
Changes Made by the Rapporteur
In the approved opinion, the rapporteur Damares Alves (Republicanos-DF) made adjustments.
Among them, the expansion of the project’s scope: references limiting its application to “recognized or in the process of demarcation” lands were removed, so that the regulation now covers all indigenous lands.
The explicit mention of the National Mining Agency as the defining agency for mining areas was also removed, as was the provision establishing a 90-day deadline for the Executive Branch to regulate the future law.
These changes aimed, according to the rapporteur, to align the proposal with constitutional principles and avoid interference in the Executive’s sphere.
The approved text also incorporated editorial adjustments and concepts for terminological adequacy and to reinforce the majority nature of community decisions.
What Senators Said
During the vote, the chair of the CDH and rapporteur, Damares Alves, advocated for the Legislative’s deliberation on the topic.
“Sooner or later, Congress will have to deliberate on the matter. If we can do this in this legislature, which is mature and capable of dialoguing between government and opposition, we will have an important contribution for the country,” she stated.
The author of the bill, Mecias de Jesus (Republicanos-RR), argued that the lack of rules encourages criminal actions and keeps communities from accessing legitimate benefits from economic activity.
For him, the proposal establishes constitutional safeguards and direct benefits to indigenous communities. There was resistance from some opposition members.
Senator Augusta Brito (PT-CE) warned about the impacts on health, especially of pregnant women and children, and called for more debate before approval in committee.
“I don’t see any urgency for the measure to be approved to the point that those who will be directly affected have not been heard,” she said.
Other opposing lawmakers also cited risks of mercury contamination, deforestation, and violence in affected territories.
Next Steps in the Legislative Process
The approval occurred in the CDH, an instance where the decision is not final. The bill now goes to the Environmental Committee, where it will undergo further analysis.
Any changes may be incorporated, and the proposal may proceed to other committees, such as the CCJ, before reaching the Plenary, according to procedural rules.
Meanwhile, there is no authorization in effect for new mining activities in indigenous lands based on the approved text. Any exploration remains subject to current legal frameworks and constitutional prohibitions.
For you, how should the balance between community autonomy, socio-environmental protection, and economic use of natural resources in indigenous lands be?
Demorou. Trabalhei e vivi próximo, ou até mesmo em terras indígenas, ricas em vários minérios e tudo clandestino.
Os próprios índios negociavam mas tudo ilegal.
Será muito bom para os indígenas, bom para os produtores (garimpeiros ), bom para o governo.
Como disse demorou mas aconteceu.
EU TENHO CERTEZA QUE SE FOSSE O POVO INGLES, ESTADUNIDENSE, OU CHINES QUE MORASSEM AQUI ESSAS TERRAS JA TERIAM SIDO EXPLORADA FAZ TEMPO E JA SERIA POTÊNCIA O POVO BOSTILERO É INCAPAZ SIMPLES ASSIM.
Percebo que a máfia continua sempre deixando as migalhas do lucro para os trabalhadores .a parte maior sempre pos gravatas políticos e empresas internacionais.os índios que se cuidem para não virar escravo