H. Rept. 113-214 - 113th Congress (2013-2014)
September 17, 2013, As Reported by the Rules Committee

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House Report 113-214 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 761) 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




[House Report 113-214]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-214

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 761) 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

                                _______
                                

 September 17, 2013.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 347]

    The Committee on Rules, having had under consideration 
House Resolution 347, by a record vote of 8 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 761, the 
National Strategic and Critical Minerals Production Act of 
2013, under a structured rule. The resolution provides one hour 
of general debate equally divided and controlled by the chair 
and ranking minority member of the Committee on Natural 
Resources. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment the amendment in the 
nature of a substitute recommended by the Committee on Natural 
Resources now printed in the bill and provides that it shall be 
considered as read. The resolution waives all points of order 
against the amendment in the nature of a substitute. The 
resolution makes in order only those further amendments printed 
in this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in this report. The 
resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
amendments printed in this report, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 66

    Motion by Ms. Slaughter to report an open rule. Defeated: 
2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................  ............
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................  ............
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------


Rules Committee record vote No. 67

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #3, offered by Representative 
DeFazio (OR), which requires a royalty of 8% for new hardrock 
mining operations on federal land. Revenue from royalty 
payments would be made available for reclamation of abandoned 
mine sites. Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................  ............
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................  ............
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------


Rules Committee record vote No. 68

    Motion by Ms. Foxx to report the rule. Adopted: 8-2


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................  ............
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................  ............
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Lowenthal (CA): Clarifies that the definition of 
``Strategic and Critical Minerals'' only includes the minerals 
identified by the National Research Council (NRC) as strategic 
and critical minerals (and any additional minerals added by the 
Secretary that meet the NRC's criteria). Also clarifies that 
the definition of ``Mineral Exploration or Mine Permit'' in 
this underlying legislation only refers to mineral exploration 
or mine permit for strategic and critical minerals. (10 
minutes)
    2. Veasey (TX): Designates the Secretary of Interior to 
publish no later than 60 days after enactment of the bill a 
list of ``Strategic and Critical Minerals'' for the purpose of 
the bill. The Secretary must update the list every 5 years. (10 
minutes)
    3. Connolly (VA): Requires mineral exploration and mining 
projects to be subjected to an Environmental Impact Statement 
review prior to approval. Removes the arbitrary limit on the 
time frame for such reviews. (10 minutes)
    4. Hastings, Alcee (FL): Requires that the cost of cleanup 
be included in financial assurance and that financial insurance 
instruments shall be in the form of a surety bond, letter of 
credit or other instrument that would routinely be accepted in 
commerce. (10 minutes)
    5. Pearce (NM): Clarifies the intention of the bill that it 
will not impact Secretarial Order 3324, as it relates to oil/
gas and potash. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Lowenthal of California 
               or His Designee, Debatable for 10 Minutes

  Page 5, strike lines 3 through 16 and insert the following:
          (1) Strategic and critical minerals.--The term 
        ``strategic and critical minerals''--
                  (A) means--
                          (i) minerals and mineral groups 
                        identified as critical by the National 
                        Research Council in the report entitled 
                        ``Minerals, Critical Minerals, and the 
                        U.S. Economy'', dated 2008; and
                          (ii) additional minerals identified 
                        by the Secretary of the Interior based 
                        on the National Research Council 
                        criteria in such report; and
                  (B) shall not include sand, gravel, or clay.
  Page 5, strike lines 21 through 26 and insert the following:
          (3) Mineral exploration or mine permit.--The term 
        ``mineral exploration or mine permit''--
                  (A) means a mineral exploration or mine 
                permit for strategic and critical minerals; and
                  (B) includes any plan of operation for 
                strategic and critical minerals that is issued 
                by the Bureau of Land Management and the Forest 
                Service.
                              ----------                              


2. An Amendment To Be Offered by Representative Veasey of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 5, after line 26, insert the following:

SEC. 4. PUBLICATION OF CRITICAL MINERALS.

  The Secretary of the Interior shall publish in the Federal 
Register--
          (1) by not later than 60 days after the date of the 
        enactment of this Act, a list of the minerals that are 
        strategic and critical minerals for purposes of this 
        Act; and
          (2) every 5 years thereafter, an updated list of such 
        minerals.
                              ----------                              


3. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Beginning at page 6, strike line 22 and all that follows 
through page 7, line 9, and insert the following:
  (b) Determination Under NEPA.--The lead agency with 
responsibility for issuing a mineral exploration or mine permit 
shall determine any such action would constitute a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of the National Environmental 
Policy Act (42 U.S.C. 4331 et seq.).
  Beginning at page 7, strike line 24 and all that follows 
through page 9, line 7.
                              ----------                              


4. An Amendment To Be Offered by Representative Hastings of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 9, line 14, before ``The lead agency'' insert the 
following:
          (1) In general.--
  Page 9, line 21, before the period insert ``, the cost of 
cleanup in the event of any release occurring at such site, and 
the costs incurred by the United States to implement this 
subsection''.
  Page 9, after line 21, insert the following:
          (2) Form.--Such financial assurance shall be in the 
        form of a surety bond, letter of credit, or other 
        instrument that would routinely be accepted in 
        commerce.
          (3) Amount based on type of operation.--The amount of 
        such financial assurance shall be based on the type of 
        mining operation to be conducted.
          (4) Inspections.--The lead agency shall conduct 
        annual inspections and reviews of financial insurance 
        required under this subsection.
                              ----------                              


5. An Amendment To Be Offered by Representative Pearce of New Mexico or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. SECRETARIAL ORDER NOT AFFECTED.

  Nothing in this Act shall be construed as to affect any 
aspect of Secretarial Order 3324, issued by the Secretary of 
the Interior on December 3, 2012, with respect to potash and 
oil and gas operators.