,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hibh ,,in ,,the ,,house ,,of ,,representatives ,september #bj1 #bjbb,mr4 ,stauber 7for himself and ,mr4 ,westerman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 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 ,a ,,bill ,to improve the permitting process for mining on ,federal land1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,permitting for ,mining ,needs ,act of #bjbb4 #b4 ,definitions ,in this ,act3 7#a7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of the ,interior4 7#b7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 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 #c4 ,minerals supply chain and reliability ,section #djbjf of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #afjg7 is amended-- 7#a7 in the section heading1 by striking ,critical minerals and inserting ,minerals2 7#b7 in subsection 7a7-- 7,a7 in the heading by striking ,definition of ,critical ,mineral and inserting ,definitions2 7,b7 by striking section1 and inserting section32 7,c7 by striking the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a77 and inserting the following3 7#a7 ,mineral ,the term mineral means any mineral of a kind that is locatable 7including such minerals located on lands acquired by the ,united ,states1 as such term is defined in section #ajb of the ,mineral ,leasing ,act for ,acquired ,lands7 under the ,act of ,may #aj1 #ahgb 7,chapter #aeb2 #ag ,stat4 #ia74 2 and 7,d7 by adding at the end the following3 7#b7 ,mineral exploration or mine permit ,the term mineral exploration or mine permit means-- 7,a7 an authorization of the ,bureau of ,land ,management or the ,forest ,service1 as applicable1 for exploration for minerals that requires analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 a plan of operations for a mineral project approved by the ,bureau of ,land ,management or the ,forest ,service2 or 7,c7 any other permit or authorization for a mineral project4 7#c7 ,mineral project ,the term mineral project means a project-- 7,a7 located on-- 7i7 a mining claim1 millsite claim1 or tunnel site claim for any mineral2 7ii7 lands open to mineral entry2 or 7iii7 a ,federal mineral lease2 and 7,b7 for the purposes of exploring for or producing minerals4 7#d7 ,lead agency ,the term lead agency means the ,federal agency with primary responsibility for issuing a mineral exploration or mine permit for a mineral project4 2 7#c7 in subsection 7b71 by striking critical each place it appears2 7#d7 in subsection 7c7-- 7,a7 by striking critical mineral production on ,federal land and inserting mineral projects2 7,b7 by inserting 1 and in accordance with subsection 7h7 after to the maximum extent practicable2 7,c7 by striking shall complete the and inserting shall complete such2 7,d7 in paragraph 7#a71 by striking critical mineral-related activities on ,federal land and inserting mineral projects2 7,e7 in paragraph 7#h71 by striking the and at the end2 7,f7 in paragraph 7#i71 by striking procedures4 and inserting procedures2 and2 and 7,g7 by adding at the end the following3 7#aj7 deferring to and relying on baseline data1 analyses1 and reviews performed by ,state agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project4 2 7#e7 in subsection 7d7-- 7,a7 by striking critical each place it appears2 and 7,b7 in paragraph 7#c71 by striking mineral-related activities on ,federal land and inserting mineral projects2 7#f7 in subsection 7e71 by striking critical2 7#g7 in subsection 7f71 by striking critical each place it appears2 7#h7 in subsection 7g71 by striking critical each place it appears2 and 7#i7 by adding at the end the following3 7h7 ,other requirements 7#a7 ,memorandum of agreement ,for purposes of maximizing efficiency and effectiveness of the ,federal permitting and review processes described under subsection 7c71 the lead agency in the ,federal permitting and review processes of a mineral project shall 7in consultation with any other ,federal agency involved in such ,federal permitting and review processes1 and upon request of the project applicant1 an affected ,state government1 local government1 or an ,indian ,tribe1 or other entity such lead agency determines appropriate7 enter into a memorandum of agreement to carry out the activities described in subsection 7c74 7#b7 ,timelines and schedules for ,,nepa reviews 7,a7 ,deadlines ,any timelines or schedules established under subsection 7c77#a7 relating to a review under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi shall require that the review process not exceed-- 7i7 #ah months for an environmental assessment2 and 7ii7 #bd months for an environmental impact statement4 7,b7 ,extension ,a project applicant may enter into #a or more agreements with a lead agency to extend the deadlines described in clauses 7i7 and 7ii7 of subparagraph 7,a7 by1 with respect to each such agreement1 not more than #f months4 7,c7 ,adjustment of timelines ,at the request of a project applicant1 the lead agency and any other entity which is a signatory to a memorandum of agreement under paragraph 7#a7 may1 by unanimous agreement1 adjust-- 7i7 any deadlines described in subparagraph 7,a72 and 7ii7 any deadlines extended under subparagraph 7,b74 7#c7 ,effect on pending applications ,upon a written request by a project applicant1 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 #bjbb4 4 #d4 ,limitation on judicial review 7a7 ,in general ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of a permit1 license1 or approval issued by a ,federal lead agency for a mining project shall be barred unless it is filed not later than #a year after the permit1 license1 or approval is final pursuant to the law under which the agency action is taken1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is allowed4 7b7 ,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 permit1 license1 or approval4 #e4 ,federal ,register process improvement ,section #gjjb7;f7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;f77 is amended-- 7#a7 in paragraph 7#b71 by striking critical both places such term appears2 and 7#b7 by striking paragraph 7#d74 #f4 ,treatment of actions under ,presidential ,determination #bjbb-aa for ,federal permitting improvement purposes 7a7 ,in general ,except as provided by subsection 7c71 an action described in subsection 7b7 shall be-- 7#a7 treated as a covered project1 as defined in section #dajja7f7 of the ,fixing ,america's ,surface ,transportation ,act 7#db ,u4,s4,c4 #dcgjm7#f771 without regard to the requirements of that section2 and 7#b7 included in the ,permitting ,dashboard maintained pursuant to section #dajjc7;b7 of that ,act 7#db #ac ,u4,s4,c4 #dcgjm-#b7;b774 7b7 ,actions described ,an action described in this subsection is an action taken by the ,secretary of ,defense pursuant to ,presidential ,determination #bjbb-aa 7#hg ,fed4 ,reg4 #aigge2 relating to certain actions under section #cjc of the ,defense ,production ,act of #aiej7 to create1 maintain1 protect1 expand1 or restore sustainable and responsible domestic production capabilities through-- 7#a7 supporting feasibility studies for mature mining1 beneficiation1 and value-added processing projects2 7#b7 by-product and co-product production at existing mining1 mine waste reclamation1 and other industrial facilities2 7#c7 modernization of mining1 beneficiation1 and value-added processing to increase productivity1 environmental sustainability1 and workforce safety2 or 7#d7 any other activity authorized under section #ad #cjc7;a77#a7 of the ,defense ,production ,act of #aiej #ae 7#ej ,u4,s4,c4 #decc7;a77#a774 7c7 ,exception ,an action described in subsection 7b7 may not be treated as a covered project or be included in the ,permitting ,dashboard under subsection 7a7 if the project sponsor 7as defined in section #dajja7ah7 of the ,fixing ,america's ,surface ,transportation ,act 7#db ,u4,s4,c4 #ba #dcgjm7#ah777 requests that the action not be treated as a covered project4 #g4 ,mineral exploration activities with limited surface disturbance ,notwithstanding any other provision of law1 the ,secretary1 with respect to lands administered by the ,secretary1 and the ,secretary of ,agriculture with respect to ,national ,forest ,system lands1 shall allow mineral exploration activities other than casual use to proceed after receiving a notice in such time1 place1 and manner as the applicable ,secretary determines appropriate1 describing the exploration activities and subsequent reclamation activities if-- 7#a7 the surface disturbance on ,federal land will not exceed #e acres2 7#b7 the ,secretary determines that the notice is complete2 and 7#c7 the exploration activities are not on ,federal land that has been previously reclaimed4 #h4 ,use of mining claims for ancillary activities ,section #ajaja of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7 is amended by adding at the end the following3 7e7 ,security of tenure 7#a7 ,in general ,a claimant shall have the right to use and occupy public land1 before and after the discovery of a valuable mineral deposit1 in order to prospect1 mine1 conduct processing operations1 or carry out other activities reasonably incident to such activities if-- 7,a7 such claimant makes a timely payment of the location fee required by section #ajajb7;g7 and the claim maintenance fee required by subsection 7a72 or 7,b7 in the case of a claimant who qualifies for a waiver under subsection 7d71 such claimant makes a timely payment of the location fee and complies with the required assessment work under the general mining laws4 7#b7 ,fulfillment of ,federal ,land ,policy and ,management ,act ,a claimant that fulfills the requirements of this section and section #ajajb7;g7 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 laws4 7#c7 ,savings clause ,nothing in this subsection may be construed to diminish-- 7,a7 the rights of entry1 use1 and occupancy of a claimant under the general mining laws2 or 7,b7 the rights of a claimant under the general mining laws4 4