[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8928 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8928
To improve the permitting process for mining on Federal land, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2022
Mr. Stauber (for himself and Mr. Westerman) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committee on Agriculture, 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 mining on Federal land, 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 ``Permitting for Mining Needs Act of
2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(2) 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.
(3) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
SEC. 3. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``Critical
minerals'' and inserting ``Minerals'';
(2) in subsection (a)--
(A) in the heading by striking ``Definition of
Critical Mineral'' and inserting ``Definitions'';
(B) by striking ``section,'' and inserting
``section:'';
(C) by striking ``the term `critical mineral' has
the meaning given the term in section 7002(a) of the
Energy Act of 2020 (30 U.S.C. 1606(a))'' and inserting
the following:
``(1) Mineral.--The term `mineral' means any mineral of a
kind that is locatable (including such minerals located on
lands acquired by the United States, as such term is defined in
section 102 of the Mineral Leasing Act for Acquired Lands)
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).'';
and
(D) by adding at the end the following:
``(2) 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
exploration for minerals that requires analysis under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(B) a plan of operations for a mineral project
approved by the Bureau of Land Management or the Forest
Service; or
``(C) any other permit or authorization for a
mineral project.
``(3) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.
``(4) Lead agency.--The term `lead agency' means the
Federal agency with primary responsibility for issuing a
mineral exploration or mine permit for a mineral project.'';
(3) in subsection (b), by striking ``critical'' each place
it appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
inserting ``shall complete such'';
(D) in paragraph (1), by striking ``critical
mineral-related activities on Federal land'' and
inserting ``mineral projects'';
(E) in paragraph (8), by striking the ``and'' at
the end;
(F) in paragraph (9), by striking ``procedures.''
and inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction over
the environmental or reclamation permits for the proposed
mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place it appears;
and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
it appears;
(8) in subsection (g), by striking ``critical'' each place
it appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines appropriate)
enter into a memorandum of agreement to carry out the
activities described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Deadlines.--Any timelines or schedules
established under subsection (c)(1) relating to a
review under section 102(2)(C) of the National
Environmental Policy Act of 1969 shall require that the
review process not exceed--
``(i) 18 months for an environmental
assessment; and
``(ii) 24 months for an environmental
impact statement.
``(B) Extension.--A project applicant may enter
into 1 or more agreements with a lead agency to extend
the deadlines described in clauses (i) and (ii) of
subparagraph (A) by, with respect to each such
agreement, not more than 6 months.
``(C) Adjustment of timelines.--At the request of a
project applicant, the lead agency and any other entity
which is a signatory to a memorandum of agreement under
paragraph (1) may, by unanimous agreement, adjust--
``(i) any deadlines described in
subparagraph (A); and
``(ii) any deadlines extended under
subparagraph (B).
``(3) Effect on pending applications.--Upon a written
request by a project applicant, the requirements of this
subsection shall apply to any application for a mineral
exploration or mine permit that was submitted before the date
of enactment of the Permitting for Mining Needs Act of 2022.''.
SEC. 4. LIMITATION ON JUDICIAL REVIEW.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal lead agency for a mining
project shall be barred unless it is filed not later than 1 year after
the permit, license, or approval is final pursuant to the law under
which the agency action is taken, unless a shorter time is specified in
the Federal law pursuant to which judicial review is allowed.
(b) Savings Clause.--Nothing in this section shall create a right
to judicial review or place any limit on filing a claim that a person
has violated the terms of a permit, license, or approval.
SEC. 5. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 6. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11
FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the Fixing America's Surface Transportation Act (42
U.S.C. 4370m(6)), without regard to the requirements of that
section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) to create,
maintain, protect, expand, or restore sustainable and responsible
domestic production capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) by-product and co-product production at existing
mining, mine waste reclamation, and other industrial
facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 14
303(a)(1) of the Defense Production Act of 1950 15 (50 U.S.C.
4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the Fixing America's Surface Transportation Act (42 U.S.C.
21 4370m(18))) requests that the action not be treated as a covered
project.
SEC. 7. MINERAL EXPLORATION ACTIVITIES WITH LIMITED SURFACE
DISTURBANCE.
Notwithstanding any other provision of law, the Secretary, with
respect to lands administered by the Secretary, and the Secretary of
Agriculture with respect to National Forest System lands, shall allow
mineral exploration activities other than casual use to proceed after
receiving a notice in such time, place, and manner as the applicable
Secretary determines appropriate, describing the exploration activities
and subsequent reclamation activities if--
(1) the surface disturbance on Federal land will not exceed
5 acres;
(2) the Secretary determines that the notice is complete;
and
(3) the exploration activities are not on Federal land that
has been previously reclaimed.
SEC. 8. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--A claimant shall have the right to use
and occupy public land, before and after the discovery of a
valuable mineral deposit, in order to prospect, mine, conduct
processing operations, or carry out other activities reasonably
incident to such activities if--
``(A) such claimant makes a timely payment of the
location fee required by section 10102(g) and the claim
maintenance fee required by subsection (a); or
``(B) in the case of a claimant who qualifies for a
waiver under subsection (d), such claimant makes a
timely payment of the location fee and complies with
the required assessment work under the general mining
laws.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this section
and section 10102(g) shall be deemed to satisfy the
requirements of any provision of the Federal Land Policy and
Management Act that requires the payment of fair market value
to the United States for use of public lands and resources
relating to use of such lands and resources authorized by the
general mining laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish--
``(A) the rights of entry, use, and occupancy of a
claimant under the general mining laws; or
``(B) the rights of a claimant under the general
mining laws.''.
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