H.R. 8928 — Introduced in House

I 117th CONGRESS 2d Session H. R. 8928 IN THE HOUSE OF REPRESENTATIVES September 20, 2022Mr. 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. 1. Short title This Act may be cited as the Permitting for Mining Needs Act of 2022. 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. 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. . 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. 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). 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. 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. 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. .