,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hggc ,,in ,,the ,,house ,,of ,,representatives ,may #ab1 #bjbf,mr4 ,whitesides introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to impose certain conditions on mineral materials sales contracts and free use permits under the ,materials ,act of #aidg with respect to large-scale mineral extraction projects located near urban communities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,containing ,effects of ,mineral ,extraction ,act of #bjbf4 #b4 ,requirements for certain mineral materials sales contracts and free use permits 7a7 ,requirements 7#a7 ,in general ,the ,secretary may only enter into a mineral materials sales contract with respect to1 or issue a free use permit for the disposal of mineral materials pursuant to1 a qualifying project under the ,act of ,july #ca1 #aidg 7#cj ,u4,s4,c4 #fja et seq42 commonly known as the ,materials ,act of #aidg7 if-- 7,a7 the person carrying out the qualifying project-- 7i7 submits to the ,secretary-- 7,i7 a haul route impact assessment for the qualifying project-- 7aa7 jointly developed by the person and the agency with jurisdiction over transportation of each ,state and political subdivision thereof within which the qualifying project will be carried out2 7bb7 that concludes the qualifying project will not materially degrade the safety or level of service on highways on the haul route2 and 7cc7 that1 consistent with applicable laws and other standards relating to air quality and noise1 identifies measures that shall be taken to minimize dust1 particulate emissions1 and noise impacts on land adjacent to the haul route that is used for sensitive or residential purposes2 7,,ii7 a trip management plan for the qualifying project that sets limits on-- 7aa7 load staging2 7bb7 hours of operation2 and 7cc7 debris controls2 7,,iii7 a water use and conservation plan for the qualifying project that1 consistent with applicable ,state and ,tribal laws1 ensures the projected annual consumptive use of groundwater and surface water by the qualifying project will be offset within the same basin through conservation or other feasible measures2 and 7,,iv7 a rail or lower-impact transportation analysis for the qualifying project that evaluates whether rail-served aggregate supply or other lower-impact modes of transportation are feasible for the majority of projected tonnage of the qualifying project2 and 7ii7 demonstrates to the satisfaction of the ,secretary that1 with respect to the qualifying project1 the person-- 7,i7 will implement each of the items submitted to the ,secretary under clause 7i72 7,,ii7 has coordinated in good faith with affected ,state1 ,tribal1 and local governments to identify and undertake reasonable haul-route safety and maintenance measures2 7,,iii7 has acquired all necessary water rights2 and 7,,iv7 has been issued each required permit under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 and the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7,b7 the ,secretary determines each of the items submitted to the ,secretary under subparagraph 7,a77i7-- 7i7 meet applicable ,federal1 ,state1 ,tribal1 and local laws and other standards relating to transportation safety1 air quality1 noise1 and water resources2 and 7ii7 reflect any modification requested by an affected ,state1 ,tribal1 or local government under paragraph 7#b7 that is determined to be reasonable under subparagraph 7,b7 of that paragraph4 7#b7 ,modification requests 7,a7 ,in general ,a ,state1 ,tribal1 or local government that is affected by a qualifying project may submit to the ,secretary a request for a modification of the qualifying project4 7,b7 ,reasonableness determination ,if a ,state1 ,tribal1 or local government submits a request for a modification of a qualifying project under subparagraph 7,a71 the ,secretary and the applicable ,state1 ,tribal1 or local government shall jointly select an entity to carry out an independent review of the modification to determine whether the modification is reasonable4 7b7 ,incorporation of lower-,impact transportation options in qualifying projects ,if the analysis submitted to the ,secretary under subsection 7a77#a77;,a77i77,,iv7 for a qualifying project demonstrates that lower-impact modes of transportation1 including rail1 are feasible for the majority of projected tonnage of the qualifying project1 the ,secretary shall1 where practicable1 take into account the incorporation of such modes into the qualifying project in entering into a mineral materials sales contract with respect to1 or issuing a free use permit for the disposal of mineral materials pursuant to1 the qualifying project under the ,act of ,july #ca1 #aidg 7#cj ,u4,s4,c4 #fja et seq42 commonly known as the ,materials ,act of #aidg74 7c7 ,enforcement ,the ,secretary may require the suspension of operations under or terminate or revoke a mineral materials sales contract entered into with respect to1 or a free use permit issued for the disposal of mineral materials pursuant to1 a qualifying project under the ,act of ,july #ca1 #aidg 7#cj ,u4,s4,c4 #fja et seq42 commonly known as the ,materials ,act of #aidg7 if the ,secretary determines1 after notice and opportunity to cure1 the person carrying out the qualifying project has failed to comply with a requirement of this section4 7d7 ,annual reports 7#a7 ,in general ,a person carrying out a qualifying project shall annually submit to the ,secretary a report regarding the qualifying project1 including1 with respect to the preceding year-- 7,a7 the volume of groundwater and surface water consumed2 7,b7 the number of truck trips made by commercial motor vehicle2 and 7,c7 the implementation of each of the items submitted to the ,secretary under subsection 7a77#a77;,a77i74 7#b7 ,confidential business information ,each report submitted to the ,secretary under paragraph 7#a7 and information included in each such report-- 7,a7 shall be-- 7i7 treated as confidential business information2 and 7ii7 exempt from disclosure under section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7,b7 except as provided in paragraph 7#c71 may not be made publicly available4 7#c7 ,publicly available summary ,the ,secretary shall annually-- 7,a7 aggregate the information included in the annual reports submitted under paragraph 7#a72 and 7,b7 publish and make publicly available a summary of such aggregated information4 7e7 ,review ,beginning #e years after the date of the enactment of this section and every #e years thereafter1 the ,secretary shall-- 7#a7 aggregate the information included in the annual reports submitted under subsection 7d72 and 7#b7 evaluate such aggregated information to identify any recurring effects on transportation and groundwater resources4 7f7 ,rulemaking ,the ,secretary may issue such regulations as are necessary to carry out this section1 including procedures and criteria with respect to-- 7#a7 the analysis required to be submitted to the ,secretary under subsection 7a77#a77;,a77i77,,iv72 and 7#b7 ensuring the consistency of qualifying projects with applicable ,state and local requirements4 7g7 ,rule of construction ,nothing in this section may be construed to duplicate or supersede-- 7#a7 the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7#b7 applicable ,state permitting processes4 7h7 ,definitions ,in this section3 7#a7 ,areas of critical environmental concern ,the term areas of critical environmental concern has the meaning given the term in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#b7 ,mineral materials ,the term mineral materials means mineral materials as the term is used in section #a of the ,act of ,july #ca1 #aidg 7#cj ,u4,s4,c4 #fja2 commonly known as the ,materials ,act of #aidg74 7#c7 ,qualifying project ,the term qualifying project means a project to extract mineral materials that-- 7,a7 is located-- 7i7 within #be miles of an urbanized area2 or 7ii7 within or adjacent to areas of critical environmental concern1 as determined by the ,secretary2 7,b7 is projected by the person carrying out the project or determined by the ,secretary to be expected to produce more than #a million tons of mineral materials in any #a-year period2 and 7,c7 has not begun commercial extraction of mineral materials before the date of the enactment of this section4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,urbanized area ,the term urbanized area means an area designated as such by the ,secretary of ,commerce1 acting through the ,director of the ,united ,states ,census ,bureau4