,,ib ,union ,calendar ,no4 #dhb #aaeth ,,congress #b;d ,session ,h4 ,r4 #ebj ,report ,no4 #aae-fca ,,in ,,the ,,house ,,of ,,representatives ,january #ac1 #bjag ,mr4 ,amodei introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,april #aa1 #bjah;,additional sponsors3 ,mr4 ,westerman1 ,mr4 ,cook1 ,mr4 ,gosar1 ,mr4 ,duncan of ,south ,carolina1 ,mrs4 ,mc,morris ,rodgers1 ,mr4 ,lamborn1 ,mr4 ,tipton1 ,mr4 ,flores1 ,mr4 ,pearce1 ,mr4 ,young of ,alaska1 ,mr4 ,la,malfa1 ,mr4 ,cramer1 ,mr4 ,labrador1 ,mr4 ,sensenbrenner1 ,mr4 ,simpson1 ,mr4 ,mc,clintock1 ,mr4 ,culberson1 ,mr4 ,graves of ,georgia1 ,mr4 ,jody ,b4 ,hice of ,georgia1 ,mrs4 ,love1 ,mr4 ,johnson of ,ohio1 ,mr4 ,sessions1 ,mr4 ,bishop of ,michigan1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,cole1 ,mr4 ,barr1 ,mr4 ,olson1 ,mr4 ,stewart1 ,mrs4 ,hartzler1 ,mr4 ,renacci1 ,mr4 ,fleischmann1 ,mr4 ,graves of ,missouri1 ,mr4 ,mooney of ,west ,virginia1 ,mr4 ,rogers of ,kentucky1 ,ms4 ,cheney1 and ,mr4 ,latta ,april #aa1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,january #ac1 #bjag ,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 the economic and national security and manufacturing competitiveness of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,strategic and ,critical ,minerals ,production ,act4 #b4 ,findings ,congress finds that-- 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 technologies2 7#b7 the availability of minerals and mineral materials are essential for economic growth1 national security1 technological innovation1 and the manufacturing and agricultural supply chain2 7#c7 minerals and mineral materials are critical components of every transportation1 water1 telecommunications1 and energy infrastructure project necessary to modernize the crumbling infrastructure of the ,united ,states2 7#d7 the exploration1 production1 processing1 use1 and recycling of minerals contribute significantly to the economic well-being1 security1 and general welfare of the ,united ,states2 and 7#e7 the ,united ,states has vast mineral resources but is becoming increasingly dependent on foreign sources of mineral resources1 as demonstrated by the fact that-- 7,a7 #be years ago1 the ,united ,states was dependent on foreign sources for #de nonfuel mineral materials1 of which-- 7i7 #h were imported by the ,united ,states to fulfill #ajj percent of the requirements of the ,united ,states for those nonfuel mineral materials2 and 7ii7 #ai were imported by the ,united ,states to fulfill greater than #ej percent of the requirements of the ,united ,states for those nonfuel mineral materials2 7,b7 by #bjae the import dependence of the ,united ,states for nonfuel mineral materials increased from dependence on the import of #de nonfuel mineral materials to dependence on the import of #dg nonfuel mineral materials1 of which-- 7i7 #ai were imported by the ,united ,states to fulfill #ajj percent of the requirements of the ,united ,states for those nonfuel mineral materials2 and 7ii7 #bb were imported by the ,united ,states to fulfill greater than #ej percent of the requirements of the ,united ,states for those nonfuel mineral materials2 7,c7 according to the ,department of ,energy1 the ,united ,states imports greater than #ej percent of the #da metals and minerals key to clean energy applications2 7,d7 the ,united ,states share of worldwide mineral exploration dollars was #g percent in #bjae1 down from #ai percent in the early #aiijs2 7,e7 the #bjad ,ranking of ,countries for ,mining ,investment1 which ranks #be major mining countries1 found that #g- to #aj-year permitting delays are the most significant risk to mining projects in the ,united ,states2 and 7,f7 in late #bjaf1 the ,government ,accountability ,office found that-- 7i7 the ,federal government's approach to addressing critical materials supply issues has not been consistent with selected key practices for interagency collaboration1 such as ensuring that agencies' roles and responsibilities are clearly defined2 and 7ii7 the ,federal critical materials approach faces other limitations1 including data limitations and a focus on only a subset of critical materials1 a limited focus on domestic production of critical materials1 and limited engagement with industry4 #c4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency means-- 7,a7 any agency1 department1 or other unit of ,federal1 ,state1 local1 or tribal government2 or 7,b7 an ,alaska ,native ,corporation4 7#b7 ,alaska ,native ,corporation ,the term ,alaska ,native ,corporation has the meaning given the term ,native ,corporation in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#c7 ,lead agency ,the term lead agency means the agency with primary responsibility for issuing a mineral exploration or mine permit for a project4 7#d7 ,mineral exploration or mine permit ,the term mineral exploration or mine permit includes-- 7,a7 an authorization of the ,bureau of ,land ,management or the ,forest ,service1 as applicable1 for premining activities that requires an environmental impact statement or similar analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 a plan of operations issued by-- 7i7 the ,bureau of ,land ,management under subpart #chji of part #chjj of title #dc1 ,code of ,federal ,regulations 7or successor regulations72 or 7ii7 the ,forest ,service under subpart ,a of part #bbh of title #cf1 ,code of ,federal ,regulations 7or successor regulations72 and 7,c7 a permit issued under an authority described in section #cejc4ac of title #dc1 ,code of ,federal regulations 7or successor regulations74 7#e7 ,project ,the term project means a project for which the issuance of a permit is required to conduct activities for1 relating to1 or incidental to mineral exploration1 mining1 beneficiation1 processing1 or reclamation activities-- 7,a7 on a mining claim1 millsite claim1 or tunnel site claim for any locatable mineral2 or 7,b7 in conjunction with any ,federal mineral 7other than coal and oil shale7 that is leased under-- 7i7 the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq472 or 7ii7 section #djb of ,reorganization ,plan ,numbered #c of #aidf 7#e ,u4,s4,c4 ,app474 #d4 ,improving development of strategic and critical minerals 7a7 ,definition of strategic and critical minerals ,in this section1 the term strategic and critical minerals means minerals that are necessary-- 7#a7 for the national defense and national security requirements2 7#b7 for the energy infrastructure of the ,united ,states1 including-- 7,a7 pipelines2 7,b7 refining capacity2 7,c7 electrical power generation and transmission2 and 7,d7 renewable energy production2 7#c7 for community resiliency1 coastal restoration1 and ecological sustainability for the coastal ,united ,states2 7#d7 to support domestic manufacturing1 agriculture1 housing1 telecommunications1 healthcare1 and transportation infrastructure2 or 7#e7 for the economic security of1 and balance of trade in1 the ,united ,states4 7b7 ,consideration of certain domestic mines as infrastructure projects ,a domestic mine that1 as determined by the lead agency1 will provide strategic and critical minerals shall be considered to be an infrastructure project1 as described in ,executive ,order #achjg4 #e4 ,responsibilities of the lead agency 7a7 ,in general ,the lead agency shall appoint a project lead within the lead agency1 who shall coordinate and consult with cooperating agencies and any other agencies involved in the permitting process1 project proponents1 and contractors to ensure that cooperating agencies and other agencies involved in the permitting process1 project proponents1 and contractors-- 7#a7 minimize delays2 7#b7 set and adhere to timelines and schedules for completion of the permitting process2 7#c7 set clear permitting goals2 and 7#d7 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 that ,act shall be considered to have been procedurally and substantively satisfied if the lead agency determines that any ,state or ,federal agency acting under ,state or ,federal law 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 long- and short-term uses of the local 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 making a determination under paragraph 7#a71 not later than #ij days after receipt of an application for the permit1 the lead agency1 in a written record of decision1 shall-- 7,a7 explain the rationale used in reaching the 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 7#a7 ,in general ,the lead agency shall enhance government coordination for the permitting process by-- 7,a7 avoiding duplicative reviews2 7,b7 minimizing paperwork2 and 7,c7 engaging other agencies and stakeholders early in the process4 7#b7 ,considerations ,in carrying out paragraph 7#a71 the lead agency shall consider-- 7,a7 deferring to1 and relying on1 baseline data1 analyses1 and reviews performed by ,state agencies with jurisdiction over the proposed project2 and 7,b7 to the maximum extent practicable1 conducting any consultations or reviews concurrently rather than sequentially if the concurrent consultation or review would expedite the process4 7#c7 ,memorandum of ,agency ,agreement ,if requested at any time by a ,state or local planning agency1 the lead agency1 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 coordination activities described in this subsection4 7d7 ,schedule for ,permitting ,process 7#a7 ,in general ,for any project for which the lead agency cannot make the determination described subsection 7b71 at the request of a project proponent1 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-- 7,a7 the decision on whether to prepare an environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 a determination of the scope of any environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,c7 the scope of1 and schedule for1 the baseline studies required to prepare an environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,d7 preparation of any draft environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,e7 preparation of a final environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,f7 any consultations required under applicable law2 7,g7 submission and review of any comments required under applicable law2 7,h7 publication of any public notices required under applicable law2 and 7,i7 any final or interim decisions4 7#b7 ,time ,limit for ,permitting ,process ,except if extended by mutual agreement of the project proponent and the lead agency1 the time period for the total review process described in paragraph 7#a7 shall not exceed #cj months4 7e7 ,limitation on ,addressing ,public ,comments ,the lead agency shall not be required to address any agency or public comments that were not submitted-- 7#a7 during a public comment period or consultation period provided during the permitting process2 or 7#b7 as otherwise required by law4 7f7 ,financial ,assurance ,the lead agency shall determine the amount of financial assurance required for reclamation of a mineral exploration or mining site1 on the condition that the financial assurance shall 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 ,state1 or tribal environmental standards4 7g7 ,projects within ,national ,forests ,with respect to projects on ,national ,forest ,system land1 the lead agency shall-- 7#a7 exempt from the requirements of part #bid of title #cf1 ,code of ,federal ,regulations 7or successor regulations7-- 7,a7 all areas of identified mineral resources in land use designations1 other than nondevelopment land use designations1 in existence on the date of enactment of this ,act2 and 7,b7 all additional routes and areas that the lead agency determines necessary to facilitate the construction1 operation1 maintenance1 and restoration of an area described in paragraph 7#a72 and 7#b7 continue to apply the exemptions described in paragraph 7#a7 after the date on which approval of the minerals plan of operations described in section #c7d77;,b77ii7 for the ,national ,forest ,system land4 7h7 ,application to ,existing ,permit ,applications 7#a7 ,in general ,this section applies to a mineral exploration or mine permit for which an application was submitted before the date of enactment of this ,act if the applicant for the permit submits a written request to the lead agency for the permit4 7#b7 ,implementation ,the lead agency shall begin implementing this section with respect to an application described in paragraph 7#a7 not later than #cj days after the date on which the lead agency receives the written request for the permit4 #f4 ,federal ,register process for mineral exploration and mining projects 7a7 ,departmental ,review ,absent any extraordinary circumstances1 as determined by the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 and except as otherwise required by law1 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall ensure that each ,federal ,register notice associated with the issuance of a mineral exploration or mine permit and required by law shall be-- 7#a7 subject to any required reviews within the ,department of the ,interior or the ,department of ,agriculture1 as applicable2 and 7#b7 published in final form in the ,federal ,register not later than #de days after the date of initial preparation of the notice4 7b7 ,preparation ,the preparation of any ,federal ,register notice described in subsection 7a7 shall be delegated to the organizational level within the lead agency4 7c7 ,transmission ,all ,federal ,register notices described in subsection 7a7 regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall originate in1 and be transmitted to the ,federal ,register from1 the office in which1 as applicable-- 7#a7 the documents or meetings are held2 or 7#b7 the activity is initiated4 #g4 ,secretarial order not affected ,this ,act shall not apply to any mineral described in ,secretarial ,order #ccbd1 issued by the ,secretary of the ,interior on ,december #c1 #bjab1 in any area to which the order applies4 ,april #aa1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed