,,ib ,union ,calendar ,no4 #aib #aadth ,,congress #ast ,session ,h4 ,r4 #aicg ,report ,no4 #aad-bec1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,april #bb1 #bjae ,mr4 ,amodei 7for himself1 ,mr4 ,gosar1 ,mr4 ,zinke1 ,mr4 ,fleischmann1 ,mr4 ,young of ,alaska1 ,mr4 ,tipton1 ,mr4 ,chaffetz1 ,mr4 ,simpson1 ,mr4 ,flores1 ,mr4 ,stewart1 ,mr4 ,cook1 ,mr4 ,heck of ,nevada1 ,mr4 ,kelly of ,pennsylvania1 ,mrs4 ,lummis1 ,mr4 ,cramer1 ,mr4 ,diaz-,balart1 ,mr4 ,stivers1 ,mr4 ,labrador1 ,mr4 ,hardy1 ,mr4 ,graves of ,georgia1 ,mr4 ,luetkemeyer1 ,mr4 ,mc,clintock1 ,mr4 ,benishek1 ,mr4 ,culberson1 ,mr4 ,graves of ,missouri1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,gohmert1 ,mr4 ,salmon1 ,mr4 ,la,malfa1 ,mrs4 ,mc,morris ,rodgers1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,sensenbrenner1 ,mr4 ,latta1 ,mr4 ,barr1 ,mr4 ,cole1 ,mr4 ,conaway1 ,mr4 ,mooney of ,west ,virginia1 and ,mr4 ,newhouse7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,september #h1 #bjae ,additional sponsors3 ,mr4 ,rouzer1 ,mr4 ,marchant1 ,mr4 ,walden1 ,mr4 ,johnson of ,ohio1 ,mr4 ,lamborn1 ,mr4 ,rogers of ,kentucky1 ,mr4 ,olson1 ,mr4 ,sessions1 ,mr4 ,renacci1 ,mr4 ,rothfus1 and ,mrs4 ,hartzler ,september #h1 #bjae ,reported from the ,committee on ,natural ,resources ,september #h1 #bjae ,the ,committee on the ,judiciary discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,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 competitiveness4 #a4 ,short title ,this ,act may be cited as the ,national ,strategic and ,critical ,minerals ,production ,act of #bjae4 #b4 ,findings ,congress finds the following3 7#a7 ,the industrialization of developing nations has driven demand for nonfuel minerals necessary for telecommunications1 military technologies1 healthcare technologies1 and conventional and renewable energy technologies4 7#b7 ,the availability of minerals and mineral materials are essential for economic growth1 national security1 technological innovation1 and the manufacturing and agricultural supply chain4 7#c7 ,the exploration1 production1 processing1 use1 and recycling of minerals contribute significantly to the economic well-being1 security and general welfare of the ,nation4 7#d7 ,the ,united ,states has vast mineral resources1 but is becoming increasingly dependent upon foreign sources of these mineral materials1 as demonstrated by the following3 7,a7 ,twenty-five years ago the ,united ,states was dependent on foreign sources for #de nonfuel mineral materials1 #h of which the ,united ,states imported #ajj percent of the ,nation's requirements1 and for another #ai commodities the ,united ,states imported more than #ej percent of the ,nation's needs4 7,b7 ,by #bjad the ,united ,states import dependence for nonfuel mineral materials increased from #de to #fe commodities1 #ai of which the ,united ,states imported for #ajj percent of the ,nation's requirements1 and an additional #bd of which the ,united ,states imported for more than #ej percent of the ,nation's needs4 7,c7 ,the ,united ,states share of worldwide mineral exploration dollars was #g percent in #bjad1 down from #ai percent in the early #aiijs4 7,d7 ,in the #bjad ,ranking of ,countries for ,mining ,investment 7out of #be major mining countries71 found that #g- to #aj-year permitting delays are the most significant risk to mining projects in the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,strategic and critical minerals ,the term strategic and critical minerals means minerals that are necessary-- 7,a7 for national defense and national security requirements2 7,b7 for the ,nation's energy infrastructure1 including pipelines1 refining capacity1 electrical power generation and transmission1 and renewable energy production2 7,c7 to support domestic manufacturing1 agriculture1 housing1 telecommunications1 healthcare1 and transportation infrastructure2 or 7,d7 for the ,nation's economic security and balance of trade4 7#b7 ,agency ,the term agency means any agency1 department1 or other unit of ,federal1 ,state1 local1 or tribal government1 or ,alaska ,native ,corporation4 7#c7 mineral exploration or mine permit ,the term mineral exploration or mine permit includes-- 7,a7 ,bureau of ,land ,management and ,forest ,service authorizations for pre-mining activities that require environmental analyses pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 plans of operation issued by the ,bureau of ,land ,management and the ,forest ,service pursuant to #dc ,,cfr #chji and #cf ,,cfr #bbh;,a or the authorities listed in #dc ,,cfr #cejc4ac1 respectively1 as amended from time to time4 ,i ,development of ,domestic ,sources of ,strategic and ,critical ,minerals #aja4 ,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 #bb1 #bjab4 #ajb4 ,responsibilities of the lead agency 7a7 ,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 process1 project proponents and contractors to ensure that agencies minimize delays1 set and adhere to timelines and schedules for completion of the permitting process1 set clear permitting goals and track progress against those goals4 7b7 ,determination under ,,nepa 7#a7 ,in general ,to the extent that the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applies to the issuance of any mineral exploration or mine permit1 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 7or both7 statutory or procedural authorities1 has addressed or will address the following factors3 7,a7 ,the environmental impact of the action to be conducted under the permit4 7,b7 ,possible adverse environmental effects of actions under the permit4 7,c7 ,possible alternatives to issuance of the permit4 7,d7 ,the relationship between local long- and short-term uses of man's environment and the maintenance and enhancement of long-term productivity4 7,e7 ,any irreversible and irretrievable commitment of resources that would be involved in the proposed action4 7,f7 ,that public participation will occur during the decisionmaking process for authorizing actions under the permit4 7#b7 ,written requirement ,in reaching a determination under paragraph 7#a71 the lead agency shall1 by no later than #ij days after receipt of an application for the permit1 in a written record of decision-- 7,a7 explain the rationale used in reaching its determination2 7,b7 state the facts in the record that are the basis for the determination2 and 7,c7 show that the facts in the record could allow a reasonable person to reach the same determination as the lead agency did4 7c7 ,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 reviews1 minimizing paperwork1 and engaging other agencies and stakeholders early in the process4 ,for purposes of this subsection1 the lead agency shall consider the following practices3 7#a7 ,deferring to and relying upon baseline data1 analyses and reviews performed by ,state agencies with jurisdiction over the proposed project4 7#b7 ,conducting any consultations or reviews concurrently rather than sequentially to the extent practicable and when such concurrent review will expedite rather than delay a decision4 7d7 ,memorandum of agency agreement ,if requested at any time by a ,state or local planning agency1 the lead agency with responsibility for issuing a mineral exploration or mine permit1 in consultation with other ,federal agencies with relevant jurisdiction in the environmental review process1 may establish memoranda of agreement with the project sponsor1 ,state and local governments1 and other appropriate entities to accomplish the early coordination activities described in subsection 7c74 7e7 ,schedule for permitting process ,for any project for which the lead agency cannot make the determination described in #ajb7;b71 at the request of a project proponent the lead agency1 cooperating agencies1 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 process1 including for the following3 7#a7 ,the decision on whether to prepare a document required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,a determination of the scope of any document required under the ,national ,environmental ,policy ,act of #aifi4 7#c7 ,the scope of and schedule for the baseline studies required to prepare a document required under the ,national ,environmental ,policy ,act of #aifi4 7#d7 ,preparation of any draft document required under the ,national ,environmental ,policy ,act of #aifi4 7#e7 ,preparation of a final document required under the ,national ,environmental ,policy ,act of #aifi4 7#f7 ,consultations required under applicable laws4 7#g7 ,submission and review of any comments required under applicable law4 7#h7 ,publication of any public notices required under applicable law4 7#i7 ,a final or any interim decisions4 7f7 ,time limit for permitting process ,in no case should the total review process described in subsection 7d7 exceed #cj months unless extended by the signatories of the agreement4 7g7 ,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 law4 7h7 ,financial assurance ,the lead agency will determine the amount of financial assurance for reclamation of a mineral exploration or mining site1 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 plan1 including construction and maintenance costs for any treatment facilities necessary to meet ,federal1 ,state or tribal environmental standards4 7i7 ,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 permit4 ,the lead agency shall begin implementing this section with respect to such application within #cj days after receiving such written request4 7j7 ,strategic and critical minerals within ,national ,forests ,with respect to strategic and critical minerals within a federally administered unit of the ,national ,forest ,system1 the lead agency shall-- 7#a7 exempt all areas of identified mineral resources in ,land ,use ,designations1 other than ,non-,development ,land ,use ,designations1 in existence as of the date of the enactment of this ,act from the procedures detailed at and all rules promulgated under part #bid of title #cf1 ,code of ,federal ,regulations2 7#b7 apply such exemption to all additional routes and areas that the lead agency finds necessary to facilitate the construction1 operation1 maintenance1 and restoration of the areas of identified mineral resources described in paragraph 7#a72 and 7#c7 continue to apply such exemptions after approval of the ,minerals ,plan of ,operations for the unit of the ,national ,forest ,system4 #ajc4 ,conservation of the resource ,in evaluating and issuing any mineral exploration or mine permit1 the priority of the lead agency shall be to maximize the development of the mineral resource1 while mitigating environmental impacts1 so that more of the mineral resource can be brought to the marketplace4 #ajd4 ,federal register process for mineral exploration and mining projects 7a7 ,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 permit4 ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated and transmitted to the ,federal ,register from the office where documents are held1 meetings are held1 or the activity is initiated4 7b7 ,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 ,congress1 each ,federal ,register notice described in subsection 7a7 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 #cj days after its initial preparation4 ,,ii ,judicial review of agency actions relating to ,exploration and ,mine ,permits #bja4 ,definitions for title ,in this title the term covered civil action means a civil action against the ,federal ,government containing a claim under section #gjb of title #e1 ,united ,states ,code1 regarding agency action affecting a mineral exploration or mine permit4 #bjb4 ,timely filings ,a covered civil action is barred unless filed no later than the end of the #fj-;day period beginning on the date of the final ,federal agency action to which it relates4 #bjc4 ,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 permit4 #bjd4 ,expedition in hearing and determining the action ,the court shall endeavor to hear and determine any covered civil action as expeditiously as possible4 #bje4 ,limitation on prospective relief ,in a covered civil action1 the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn1 extends no further than necessary to correct the violation of a legal requirement1 and is the least intrusive means necessary to correct that violation4 #bjf4 ,limitation on attorneys' fees ,sections #ejd of title #e1 ,united ,states ,code1 and #bdab of title #bh1 ,united ,states ,code 7together commonly called the ,equal ,access to ,justice ,act7 do not apply to a covered civil action1 nor shall any party in such a covered civil action receive payment from the ,federal ,government for their attorneys' fees1 expenses1 and other court costs4 ,,iii ,miscellaneous ,provisions #cja4 ,secretarial order not affected ,nothing in this ,act shall be construed as to affect any aspect of ,secretarial ,order #ccbd1 issued by the ,secretary of the ,interior on ,december #c1 #bjab1 with respect to potash and oil and gas operators4 ,september #h1 #bjae ,reported from the ,committee on ,natural ,resources ,september #h1 #bjae ,the ,committee on the ,judiciary discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed