Since December 1, 2025, the Extraction Registration regime for public works has been governed by new rules. The entry into force of ANM Resolution No. 225/2025 revoked the previous regulation (ANM Resolution No. 1/2018) and introduced significant changes to the procedures for the extraction of minerals for immediate use in civil construction by public agencies.
The new regulation directly impacts how applications are processed, the management of deadlines, the handling of encumbered areas, and, notably, the contracting of third-party services. This article analyzes the most practically relevant points of the new norm.
Outsourcing of Mining Activities (Art. 12)
One of the most important points of Resolution No. 225 is the explicit regulation of outsourcing. Public agencies can now hire private companies to carry out mining activities, under strict conditions:
- Object of the Contract: Outsourcing is permitted exclusively for the mineral extraction activity. The contractor is prohibited from participating in other stages of the public work or from commercializing the material.
- Procedural Requirement: The service agreement, along with the company’s technical documentation (including ART), must be previously filed in the mining process with the ANM for validation.
Deadlines and Procedural Conditions
The resolution has adjusted deadlines and procedures to align with public administrative procedures:
- Deadline for Requirements: The deadline for the satisfaction of requirements issued by the ANM has been extended from 30 to 60 days.
- Environmental Licensing: The granting of the registration remains conditional on the environmental license. However, if the ANM’s analysis is completed before the license is issued, the agency may issue a “declaration of fitness,” which allows the public agency to proceed with environmental licensing without halting the process at the ANM.
Procedure in Encumbered Areas and the Public Interest
The new norm details the workflow for applications in areas with pre-existing mining rights. The general rule remains the need for express authorization from the titleholder. The resolution, however, introduces an exception mechanism based on public interest:
- The ANM may grant the Extraction Registration even without the consent of the titleholder if the infeasibility of the public work is proven, due to the non-existence or economic unfeasibility of other mineral deposits in the region.
Regularization Period for Pre-existing Extractions (Art. 23)
The resolution establishes a two-year period, starting from December 1, 2025, for public agencies that have carried out extractions without the proper registration to regularize their situation with the ANM. This is a compliance window for municipalities and other federal entities to formalize their operations and avoid future sanctions.
Practical Implications
ANM Resolution No. 225/2025 requires a review of the internal procedures of public agencies that use this regime. The regulation of outsourcing opens new operational possibilities but also imposes strict documentary requirements. The regularization period is a point of immediate attention for managers with unformalized operations.
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