[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2604 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2604
To improve the permitting process for critical mineral projects, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2021
Mr. Stauber (for himself, Mr. Newhouse, Mr. Westerman, Mrs. Cammack,
Ms. Tenney, Mr. LaMalfa, Mr. McKinley, Mr. Grothman, Mr. Emmer, Mrs.
Miller of Illinois, Mr. Rosendale, Mr. Stewart, Mr. Baird, and Mr.
Tiffany) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Small Business, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve the permitting process for critical mineral projects, and
for other purposes.
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 ``Accessing America's Critical
Minerals Act of 2021''.
SEC. 2. PERMITTING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(2) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals,
elements, substances, and materials responsibly produced and
recycled in the United States; and
(3) the current Federal permitting process is an impediment
to mineral production and the mineral security of the United
States.
(b) Coordination on Permitting Process.--
(1) In general.--The Secretary, in consultation with
appropriate Federal agencies, shall, to the maximum extent
practicable, with respect to the Federal permitting and review
process for critical mineral projects on Federal land--
(A) establish and adhere to timelines and schedules
for the consideration of, and final decisions
regarding, applications, operating plans, leases,
licenses, permits, and other use authorizations for
mineral-related activities on Federal land;
(B) establish clear, quantifiable, and temporal
permitting performance goals and tracking progress
against those goals;
(C) engage in early collaboration among agencies,
project sponsors, and affected stakeholders--
(i) to incorporate and address the
interests of each such agency, sponsor, and
stakeholder; and
(ii) to minimize delays;
(D) ensure transparency and accountability by using
cost-effective information technology to collect and
disseminate information regarding individual critical
mineral projects and agency performance;
(E) engage in early and active consultation with
State and local governments and Indian Tribes to avoid
conflicts or duplication of effort, resolve concerns,
and allow for concurrent, rather than sequential,
State, local, Tribal, and Federal environmental and
regulatory reviews;
(F) meet or exceed the performance metrics
contained in subsection (g);
(G) expand and institutionalize permitting and
review process improvements that have proven effective;
(H) develop mechanisms to better communicate
priorities and resolve disputes among agencies at the
national, regional, State, and local levels; and
(I) develop other practices to improve the
regulatory processes, such as preapplication
procedures.
(2) Considerations.--In carrying out paragraph (1), the
lead agency shall consider deferring to, and relying on,
baseline data, analyses, and reviews performed by State
agencies with jurisdiction over the proposed critical mineral
project.
(3) Memorandum of agreement.--The lead agency with respect
to a critical mineral project on Federal land, in consultation
with any other Federal agency with jurisdiction over such
project, shall, upon request of the project sponsor, a State or
local government, an Indian Tribe, or other entity such lead
agency determines appropriate, establish a memorandum of
agreement with the project sponsor, a State or local
government, an Indian Tribe, or another entity such lead agency
determines appropriate to carry out the activities described in
this subsection.
(4) Time limit for permitting process.--Notwithstanding any
other provision of law, and except with agreement of the
project sponsor, the total period for all necessary Federal
reviews and permit consideration for a critical mineral project
on Federal land reasonably expected to produce critical
minerals may not exceed--
(A) with respect to a project that requires an
environmental assessment under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4331(2)(C)), 18 months; or
(B) with respect to a project that requires an
environmental impact statement under such section, 24
months.
(c) Determination Under National Environmental Policy Act.--
(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 relating to a critical mineral project, the lead agency
may deem the requirements of such Act satisfied if the lead
agency determines that a State or Federal agency acting under
State or Federal law has addressed the following factors:
(A) The environmental impact of the action to be
conducted under the permit.
(B) Possible alternatives to issuance of the
permit.
(C) The relationship between long- and short-term
uses of the local environment and the maintenance and
enhancement of long-term productivity.
(D) Any irreversible and irretrievable commitment
of resources that would be involved in the proposed
action.
(2) Publication.--The lead agency shall publish a
determination under paragraph (1) not later than 90 days after
receipt of an application for the permit.
(3) Verification.--The lead agency shall publish a
determination that the factors under paragraph (1) have been
sufficiently addressed and public participation has occurred
with regard to any authorizing actions before issuing any
mineral exploration or mine permit for a critical mineral
project.
(d) Schedule for Permitting Process.--For any critical mineral
project for which the lead agency cannot make the determination
described in subsection (c), at the request of a project sponsor, 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 sponsor that sets time limits for each part
of the permitting process, including--
(1) the decision on whether to prepare an environmental
impact statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(2) a determination of the scope of any environmental
impact statement or similar analysis required under such Act;
(3) the scope of, and schedule for, the baseline studies
required to prepare an environmental impact statement or
similar analysis required under such Act;
(4) preparation of any draft environmental impact statement
or similar analysis required under such Act;
(5) preparation of a final environmental impact statement
or similar analysis required under such Act;
(6) any consultations required under applicable law;
(7) submission and review of any comments required under
applicable law;
(8) publication of any public notices required under
applicable law; and
(9) any final or interim decisions.
(e) Addressing Public Comments.--As part of the review process of a
critical mineral project under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the lead agency may not address any
agency or public comments that were not submitted--
(1) during a public comment period or consultation period
provided during the permitting process; or
(2) as otherwise required by law.
(f) Review and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of Agriculture
shall submit to Congress a report that--
(1) identifies additional measures (including regulatory
and legislative proposals, as appropriate) that would increase
the timeliness of permitting activities for the exploration and
development of domestic critical minerals;
(2) identifies options (including cost recovery paid by
permit applicants, as appropriate) for ensuring adequate
staffing and training of Federal entities and personnel
responsible for the consideration of applications, operating
plans, leases, licenses, permits, and other use authorizations
for critical mineral projects on Federal land;
(3) quantifies the amount of time typically required
(including a range derived from minimum and maximum durations,
mean, median, variance, and any other statistical measure or
representation the Secretary and the Secretary of Agriculture
determine appropriate) to complete each step (including those
aspects outside the control of the executive branch, such as
judicial review, applicant decisions, or State and local
government involvement) associated with the development and
processing of applications, operating plans, leases, licenses,
permits, and other use authorizations for a mineral exploration
or mine permit for a critical mineral project; and
(4) describes actions carried out pursuant to subsection
(b).
(g) Performance Metric.--Not later than 90 days after the date of
submission of the report under subsection (e), the Secretary and the
Secretary of Agriculture, after providing public notice and an
opportunity to comment, shall develop and publish a performance metric
for evaluating the progress made by the executive branch to expedite
the permitting of critical mineral projects.
(h) Annual Reports.--Beginning with the first budget submission by
the President under section 1105 of title 31, United States Code, after
publication of the performance metric required under subsection (f),
and annually thereafter, the Secretary and the Secretary of Agriculture
shall jointly submit to Congress a report that--
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2) of
subsection (f);
(2) using the performance metric under subsection (d),
describes progress made by the executive branch, as compared to
the baseline established pursuant to subsection (c)(3), on
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to the
globally competitive critical minerals industry.
(i) Individual Projects.--Using data from the Secretary of
Agriculture and the Secretary generated under subsection (g), the
Director of the Office of Management and Budget shall prioritize
inclusion of individual critical mineral projects on the website
operated by the Office of Management and Budget in accordance with
section 1122 of title 31, United States Code.
(j) Report of Small Business Administration.--Not later than 1 year
and 300 days after the date of enactment of this Act, the Administrator
of the Small Business Administration shall submit to the Committees on
Small Business and Natural Resources of the House of Representatives
and Small Business and Entrepreneurship and Energy and Natural
Resources of the Senate a report that assesses the performance of
Federal agencies with respect to--
(1) complying with chapter 6 of title 5, United States
Code, in promulgating regulations applicable to the critical
minerals industry; and
(2) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
(k) Definitions.--In this section:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002 of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given such term in section 7002 of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) except that such
term shall not exclude materials described in subsection
(a)(3)(B)(iii) of such section.
(3) Critical mineral project.--The term ``critical mineral
project'' means a project--
(A) located on--
(i) a mining claim, millsite claim, or
tunnel site claim for any locatable mineral;
(ii) lands open to mineral entry; or
(iii) a Federal mineral lease; and
(B) for the purpose of producing a critical
mineral, including--
(i) as a byproduct, or a product of a host
mineral, or from tailings; or
(ii) through an exploration project with
respect to which the presence of a byproduct is
a reasonable expectation, based on known
mineral companionality, geologic formation,
mineralogy, or other factors.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
(7) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
(8) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' means--
(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for a
premining activity that requires analysis under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(B) a plan of operations issued by the Bureau of
Land Management or the Forest Service; and
(C) a permit for a project located in an area for
which a hardrock mineral permit or lease is available.
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