[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1937 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
1st Session
H. R. 1937
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 26, 2015
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To require the Secretary of the Interior and the Secretary of
Agriculture to more efficiently develop domestic sources of the
minerals and mineral materials of strategic and critical importance to
United States economic and national security and manufacturing
competitiveness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Strategic and Critical
Minerals Production Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The industrialization of developing nations has driven
demand for nonfuel minerals necessary for telecommunications,
military technologies, healthcare technologies, and
conventional and renewable energy technologies.
(2) The availability of minerals and mineral materials are
essential for economic growth, national security, technological
innovation, and the manufacturing and agricultural supply
chain.
(3) The exploration, production, processing, use, and
recycling of minerals contribute significantly to the economic
well-being, security, and general welfare of the Nation.
(4) The United States has vast mineral resources, but is
becoming increasingly dependent upon foreign sources of these
mineral materials, as demonstrated by the following:
(A) Twenty-five years ago the United States was
dependent on foreign sources for 45 nonfuel mineral
materials, 8 of which the United States imported 100
percent of the Nation's requirements, and for another
19 commodities the United States imported more than 50
percent of the Nation's needs.
(B) By 2014 the United States import dependence for
nonfuel mineral materials increased from 45 to 65
commodities, 19 of which the United States imported for
100 percent of the Nation's requirements, and an
additional 24 of which the United States imported for
more than 50 percent of the Nation's needs.
(C) The United States share of worldwide mineral
exploration dollars was 7 percent in 2014, down from 19
percent in the early 1990s.
(D) In the 2014 Ranking of Countries for Mining
Investment (out of 25 major mining countries), found
that 7- to 10-year permitting delays are the most
significant risk to mining projects in the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Strategic and critical minerals.--The term ``strategic
and critical minerals'' means minerals that are necessary--
(A) for national defense and national security
requirements;
(B) for the Nation's energy infrastructure,
including pipelines, refining capacity, electrical
power generation and transmission, and renewable energy
production;
(C) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and
transportation infrastructure; or
(D) for the Nation's economic security and balance
of trade.
(2) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or tribal
government, or Alaska Native Corporation.
(3) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes--
(A) Bureau of Land Management and Forest Service
authorizations for pre-mining activities that require
environmental analyses pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(B) plans of operation issued by the Bureau of Land
Management and the Forest Service pursuant to 43 CFR
3809 and 36 CFR 228A or the authorities listed in 43
CFR 3503.13, respectively, as amended from time to
time.
TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
MINERALS
SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.
Domestic mines that will provide strategic and critical minerals
shall be considered an ``infrastructure project'' as described in
Presidential order ``Improving Performance of Federal Permitting and
Review of Infrastructure Projects'' dated March 22, 2012.
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.
(a) In General.--The lead agency with responsibility for issuing a
mineral exploration or mine permit shall appoint a project lead within
the lead agency who shall coordinate and consult with cooperating
agencies and any other agency involved in the permitting process,
project proponents and contractors to ensure that agencies minimize
delays, set and adhere to timelines and schedules for completion of the
permitting process, set clear permitting goals and track progress
against those goals.
(b) Determination Under NEPA.--
(1) In general.--To the extent that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies to the issuance of any mineral exploration or mine
permit, the requirements of such Act shall be deemed to have
been procedurally and substantively satisfied if the lead
agency determines that any State and/or Federal agency acting
pursuant to State or Federal (or both) statutory or procedural
authorities, has addressed or will address the following
factors:
(A) The environmental impact of the action to be
conducted under the permit.
(B) Possible adverse environmental effects of
actions under the permit.
(C) Possible alternatives to issuance of the
permit.
(D) The relationship between local long- and short-
term uses of man's environment and the maintenance and
enhancement of long-term productivity.
(E) Any irreversible and irretrievable commitment
of resources that would be involved in the proposed
action.
(F) That public participation will occur during the
decisionmaking process for authorizing actions under
the permit.
(2) Written requirement.--In reaching a determination under
paragraph (1), the lead agency shall, by no later than 90 days
after receipt of an application for the permit, in a written
record of decision--
(A) explain the rationale used in reaching its
determination;
(B) state the facts in the record that are the
basis for the determination; and
(C) show that the facts in the record could allow a
reasonable person to reach the same determination as
the lead agency did.
(c) Coordination on Permitting Process.--The lead agency with
responsibility for issuing a mineral exploration or mine permit shall
enhance government coordination for the permitting process by avoiding
duplicative reviews, minimizing paperwork, and engaging other agencies
and stakeholders early in the process. For purposes of this subsection,
the lead agency shall consider the following practices:
(1) Deferring to and relying upon baseline data, analyses
and reviews performed by State agencies with jurisdiction over
the proposed project.
(2) Conducting any consultations or reviews concurrently
rather than sequentially to the extent practicable and when
such concurrent review will expedite rather than delay a
decision.
(d) Memorandum of Agency Agreement.--If requested at any time by a
State or local planning agency, the lead agency with responsibility for
issuing a mineral exploration or mine permit, in consultation with
other Federal agencies with relevant jurisdiction in the environmental
review process, may establish memoranda of agreement with the project
sponsor, State and local governments, and other appropriate entities to
accomplish the early coordination activities described in subsection
(c).
(e) Schedule for Permitting Process.--For any project for which the
lead agency cannot make the determination described in 102(b), at the
request of a project proponent the lead agency, cooperating agencies,
and any other agencies involved with the mineral exploration or mine
permitting process shall enter into an agreement with the project
proponent that sets time limits for each part of the permitting
process, including for the following:
(1) The decision on whether to prepare a document required
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(2) A determination of the scope of any document required
under the National Environmental Policy Act of 1969.
(3) The scope of and schedule for the baseline studies
required to prepare a document required under the National
Environmental Policy Act of 1969.
(4) Preparation of any draft document required under the
National Environmental Policy Act of 1969.
(5) Preparation of a final document required under the
National Environmental Policy Act of 1969.
(6) Consultations required under applicable laws.
(7) Submission and review of any comments required under
applicable law.
(8) Publication of any public notices required under
applicable law.
(9) A final or any interim decisions.
(f) Time Limit for Permitting Process.--In no case should the total
review process described in subsection (d) exceed 30 months unless
extended by the signatories of the agreement.
(g) Limitation on Addressing Public Comments.--The lead agency is
not required to address agency or public comments that were not
submitted during any public comment periods or consultation periods
provided during the permitting process or as otherwise required by law.
(h) Financial Assurance.--The lead agency will determine the amount
of financial assurance for reclamation of a mineral exploration or
mining site, which must cover the estimated cost if the lead agency
were to contract with a third party to reclaim the operations according
to the reclamation plan, including construction and maintenance costs
for any treatment facilities necessary to meet Federal, State or tribal
environmental standards.
(i) Application to Existing Permit Applications.--This section
shall apply with respect to a mineral exploration or mine permit for
which an application was submitted before the date of the enactment of
this Act if the applicant for the permit submits a written request to
the lead agency for the permit. The lead agency shall begin
implementing this section with respect to such application within 30
days after receiving such written request.
(j) Strategic and Critical Minerals Within National Forests.--With
respect to strategic and critical minerals within a federally
administered unit of the National Forest System, the lead agency
shall--
(1) exempt all areas of identified mineral resources in
Land Use Designations, other than Non-Development Land Use
Designations, in existence as of the date of the enactment of
this Act from the procedures detailed at and all rules
promulgated under part 294 of title 36, Code of Federal
Regulations;
(2) apply such exemption to all additional routes and areas
that the lead agency finds necessary to facilitate the
construction, operation, maintenance, and restoration of the
areas of identified mineral resources described in paragraph
(1); and
(3) continue to apply such exemptions after approval of the
Minerals Plan of Operations for the unit of the National Forest
System.
SEC. 103. CONSERVATION OF THE RESOURCE.
In evaluating and issuing any mineral exploration or mine permit,
the priority of the lead agency shall be to maximize the development of
the mineral resource, while mitigating environmental impacts, so that
more of the mineral resource can be brought to the marketplace.
SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
PROJECTS.
(a) Preparation of Federal Notices for Mineral Exploration and Mine
Development Projects.--The preparation of Federal Register notices
required by law associated with the issuance of a mineral exploration
or mine permit shall be delegated to the organization level within the
agency responsible for issuing the mineral exploration or mine permit.
All Federal Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake an action
shall be originated and transmitted to the Federal Register from the
office where documents are held, meetings are held, or the activity is
initiated.
(b) Departmental Review of Federal Register Notices for Mineral
Exploration and Mining Projects.--Absent any extraordinary circumstance
or except as otherwise required by any Act of Congress, each Federal
Register notice described in subsection (a) shall undergo any required
reviews within the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal Register
no later than 30 days after its initial preparation.
TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
MINE PERMITS
SEC. 201. DEFINITIONS FOR TITLE.
In this title the term ``covered civil action'' means a civil
action against the Federal Government containing a claim under section
702 of title 5, United States Code, regarding agency action affecting a
mineral exploration or mine permit.
SEC. 202. TIMELY FILINGS.
A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.
SEC. 203. RIGHT TO INTERVENE.
The holder of any mineral exploration or mine permit may intervene
as of right in any covered civil action by a person affecting rights or
obligations of the permit holder under the permit.
SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 205. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.
SEC. 206. LIMITATION ON ATTORNEYS' FEES.
Section 504 of title 5, United States Code, and section 2412 of
title 28, United States Code (together commonly called the Equal Access
to Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. SECRETARIAL ORDER NOT AFFECTED.
This Act shall not apply to any mineral described in Secretarial
Order No. 3324, issued by the Secretary of
the Interior on December 3, 2012, in any area to which the order
applies.
Passed the House of Representatives October 22, 2015.
Attest:
KAREN L. HAAS,
Clerk.