,i #aahth ,,congress #ast ,session ,h4 ,r4 #bji ,,in ,,the ,,house ,,of ,,representatives ,january #i1 #bjbc ,mr4 ,stauber 7for himself1 ,mr4 ,newhouse1 ,mr4 ,crenshaw1 ,mrs4 ,boebert1 ,mr4 ,graves of ,louisiana1 ,mr4 ,calvert1 ,mr4 ,finstad1 ,mr4 ,owens1 ,mr4 ,mc,clintock1 ,mrs4 ,fischbach1 ,mr4 ,stewart1 ,ms4 ,tenney1 ,mr4 ,obernolte1 ,mr4 ,bentz1 ,mr4 ,reschenthaler1 ,mr4 ,fulcher1 and ,mr4 ,emmer7 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 #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,byproduct ,the term byproduct has the meaning given such term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#b7 ,indian tribe ,the term ,indian ,tribe has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,mineral ,the term mineral means any mineral of a kind that is locatable 7including1 but not limited to1 such minerals located on lands acquired by the ,united ,states1 as such term is defined in section #b of the ,mineral ,leasing ,act for ,acquired ,lands7 under the ,act of ,may #aj1 #ahgb 7,chapter #aeb2 #ag ,stat4 #ia74 7#d7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of the ,interior4 7#e7 ,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 #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 by amending subsection 7a7 to read as follows3 7a7 ,definitions ,in this section3 7#a7 ,lead agency ,the term lead agency means the ,federal agency with primary responsibility for issuing a mineral exploration or mine permit or lease for a mineral project4 7#b7 ,mineral ,the term mineral has the meaning given such term in section #b of the ,permitting for ,mining ,needs ,act of #bjbc4 7#c7 ,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 #aifi2 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 ,federal permit or authorization for a mineral project4 7#d7 ,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 2 7#c7 in subsection 7b71 by striking critical each place such term 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 such term 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 such term appears2 7#h7 in subsection 7g71 by striking critical each place such term 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 with a project applicant where requested by applicant 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 #ab 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 ,document prepared by project applicant ,the lead agency with respect to a mineral project may adopt an environmental impact statement or environmental assessment prepared by or for a project applicant with respect to such project if such document fulfills the requirements of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi4 7#d7 ,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 or mineral lease that was submitted before the date of the enactment of the ,permitting for ,mining ,needs ,act of #bjbc4 4 #d4 ,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 #e4 ,designation of mining as a covered sector for ,federal permitting improvement purposes ,section #dajja7f77;,a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77;,a77 is amended by inserting minerals production1 before or any other sector4 #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 byproduct 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 #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 #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 not later than #ae calendar days after receiving a notice in such time1 place1 and manner as the applicable ,secretary determines appropriate describing the exploration activities and subsequent reclamation activities1 the ,secretary of the ,interior with respect to lands administered by the ,secretary1 and the ,secretary of ,agriculture with respect to ,national ,forest ,system lands1 shall-- 7#a7 review and determine completeness of the notice2 and 7#b7 allow mineral exploration activities other than casual use to proceed 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 financial assurance is provided4 #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 7,a7 ,in general ,a claimant shall have the right to use1 occupy1 and conduct operations on public land1 with or without the discovery of a valuable mineral deposit1 if-- 7i7 such claimant makes a timely payment of the location fee required by section #ajajb and the claim maintenance fee required by subsection 7a72 or 7ii7 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 ,operations defined ,for the purposes of this paragraph1 the term operations means-- 7i7 any activity or work carried out in connection with prospecting1 exploration1 processing1 discovery and assessment1 development1 or extraction with respect to a locatable mineral2 7ii7 the reclamation of an area disturbed by an activity described in subparagraph 7,a72 and 7iii7 any activity reasonably incident to an activity described in subparagraphs 7,a7 or 7,b71 whether on a mining claim or not1 including the construction and maintenance of facilities1 roads1 transmission lines1 pipelines1 and any other necessary infrastructure or means of access on public land4 7#b7 ,fulfillment of ,federal ,land ,policy and ,management ,act ,a claimant that fulfills the requirements of this section and section #ajajb 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 #i4 ,ensuring consideration of uranium as a critical mineral 7a7 ,in general ,section #gjjb7;a77#c77;,b77i7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a77#c77;,b77i77 is amended to read as follows3 7i7 oil1 oil shale1 coal1 or natural gas2 4 7b7 ,update ,not later than #fj days after the date of the enactment of this section1 the ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey1 shall publish in the ,federal ,register an update to the final list established in section #gjjb7;c77#c7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;c77#c77 in accordance with subsection 7a7 of this section4 #aj4 ,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 #abj days 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