[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 761 Reported in House (RH)]
Union Calendar No. 100
113th CONGRESS
1st Session
H. R. 761
[Report No. 113-138, Part I]
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
United States economic and national security and manufacturing
competitiveness.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2013
Mr. Amodei (for himself, Mr. Gosar, Mr. Lamborn, Mr. Bishop of Utah,
Mr. Jones, Mr. Walberg, Mr. Franks of Arizona, Mr. Heck of Nevada, Mr.
Tipton, Mr. Walden, Mr. Stivers, Mr. Johnson of Ohio, Mr. Latta, Mr.
Young of Alaska, Mr. Conaway, Mr. Benishek, Mr. Daines, Mr. Gardner,
Mr. Schweikert, Mr. Matheson, Mr. Bishop of Georgia, Mr. Labrador, Mr.
Stewart, Mr. Chaffetz, Mr. Salmon, Mr. Simpson, Mr. Gohmert, Mr.
Pearce, and Mr. Luetkemeyer) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on the Judiciary, 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
July 8, 2013
Additional sponsors: Mr. Coffman, Mr. Austin Scott of Georgia, Mr.
McClintock, Mr. Fincher, Mr. Graves of Georgia, Mrs. Lummis, Mr.
Southerland, Mr. Schock, Mr. Flores, Mr. Harris, Mr. Cramer, Mr. Grimm,
Mrs. Bachmann, Mr. Bucshon, Mr. Duncan of South Carolina, Mr. Nunnelee,
Mr. Weber of Texas, Mr. Rogers of Michigan, Mr. Ross, Mr. Kline, Mrs.
McMorris Rodgers, Mr. Long, Mr. Meadows, Mr. Radel, Mr. Westmoreland,
Mr. Thompson of Pennsylvania, Mr. Diaz-Balart, Mrs. Miller of Michigan,
and Mr. Rohrabacher
July 8, 2013
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 8, 2013
The Committee on the Judiciary discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 15, 2013]
_______________________________________________________________________
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
United States economic and national security and manufacturing
competitiveness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Strategic and Critical
Minerals Production Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The industrialization of China and India has driven
demand for nonfuel mineral commodities, sparking a period of
resource nationalism exemplified by China's reduction in
exports of rare-earth elements necessary for
telecommunications, military technologies, healthcare
technologies, and conventional and renewable energy
technologies.
(2) The availability of minerals and mineral materials are
essential for economic growth, national security, technological
innovation, and the manufacturing and agricultural supply
chain.
(3) The exploration, production, processing, use, and
recycling of minerals contribute significantly to the economic
well-being, security and general welfare of the Nation.
(4) The United States has vast mineral resources, but is
becoming increasingly dependent upon foreign sources of these
mineral materials, as demonstrated by the following:
(A) Twenty-five years ago the United States was
dependent on foreign sources for 30 nonfuel mineral
materials, 6 of which the United States imported 100
percent of the Nation's requirements, and for another
16 commodities the United States imported more than 60
percent of the Nation's needs.
(B) By 2011 the United States import dependence for
nonfuel mineral materials had more than doubled from 30
to 67 commodities, 19 of which the United States
imported 100 percent of the Nation's requirements, and
for another 24 commodities, imported more than 50
percent of the Nation's needs.
(C) The United States share of worldwide mineral
exploration dollars was 8 percent in 2011, down from 19
percent in the early 1990s.
(D) In the 2012 Ranking of Countries for Mining
Investment, out of 25 major mining countries, the
United States ranked last with Papua New Guinea in
permitting delays, and towards the bottom regarding
government take and social issues affecting mining.
SEC. 3. DEFINITIONS.
In this Act:
(1) Strategic and critical minerals.--The term ``strategic
and critical minerals'' means minerals that are necessary--
(A) for national defense and national security
requirements;
(B) for the Nation's energy infrastructure,
including pipelines, refining capacity, electrical
power generation and transmission, and renewable energy
production;
(C) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and
transportation infrastructure; or
(D) for the Nation's economic security and balance
of trade.
(2) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or tribal
government, or Alaska Native Corporation.
(3) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes plans of operation issued
by the Bureau of Land Management and the Forest Service
pursuant to 43 C.F.R. 3809 and 36 C.F.R. 228A or the
authorities listed in 43 C.F.R. 3503.13, respectively.
TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
MINERALS
SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.
Domestic mines that will provide strategic and critical minerals
shall be considered an ``infrastructure project'' as described in
Presidential Order ``Improving Performance of Federal Permitting and
Review of Infrastructure Projects'' dated March 22, 2012.
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.
(a) In General.--The lead agency with responsibility for issuing a
mineral exploration or mine permit shall appoint a project lead who
shall coordinate and consult with cooperating agencies and any other
agency involved in the permitting process, project proponents and
contractors to ensure that agencies minimize delays, set and adhere to
timelines and schedules for completion of the permitting process, set
clear permitting goals and track progress against those goals.
(b) Determination Under NEPA.--To the extent that the National
Environmental Policy Act of 1969 applies to any mineral exploration or
mine permit, the lead agency with responsibility for issuing a mineral
exploration or mine permit shall determine that the action to approve
the exploration or mine permit does not constitute a major Federal
action significantly affecting the quality of the human environment
within the meaning of the National Environmental Policy Act of 1969 if
the procedural and substantive safeguards of the permitting process
alone, any applicable State permitting process alone, or a combination
of the two processes together provide an adequate mechanism to ensure
that environmental factors are taken into account.
(c) Coordination on Permitting Process.--The lead agency with
responsibility for issuing a mineral exploration or mine permit shall
enhance government coordination for the permitting process by avoiding
duplicative reviews, minimizing paperwork and engaging other agencies
and stakeholders early in the process. The lead agency shall consider
the following best practices:
(1) Deferring to and relying upon baseline data, analyses
and reviews performed by State agencies with jurisdiction over
the proposed project.
(2) Conducting any consultations or reviews concurrently
rather than sequentially to the extent practicable and when
such concurrent review will expedite rather than delay a
decision.
(d) Schedule for Permitting Process.--At the request of a project
proponent, the lead agency, cooperating agencies 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 process including the following:
(1) The decision on whether to prepare a document required
under the National Environmental Policy Act of 1969.
(2) A determination of the scope of any document required
under the National Environmental Policy Act of 1969.
(3) The scope of and schedule for the baseline studies
required to prepare a document required under the National
Environmental Policy Act of 1969.
(4) Preparation of any draft document required under the
National Environmental Policy Act of 1969.
(5) Preparation of a final document required under the
National Environmental Policy Act of 1969.
(6) Consultations required under applicable laws.
(7) Submission and review of any comments required under
applicable law.
(8) Publication of any public notices required under
applicable law.
(9) A final or any interim decisions.
(e) Time Limit for Permitting Process.--In no case should the total
review process described in subsection (d) exceed 30 months unless
agreed to by the signatories of the agreement.
(f) Limitation on Addressing Public Comments.--The lead agency is
not required to address agency or public comments that were not
submitted during any public comment periods or consultation periods
provided during the permitting process or as otherwise required by law.
(g) Financial Assurance.--The lead agency will determine the amount
of financial assurance for reclamation of a mineral exploration or
mining site, which must cover the estimated cost if the lead agency
were to contract with a third party to reclaim the operations according
to the reclamation plan, including construction and maintenance costs
for any treatment facilities necessary to meet Federal, State or tribal
environmental standards.
(h) Application to Existing Permit Applications.--This section
shall apply with respect to a mineral exploration or mine permit for
which an application was submitted before the date of the enactment of
this Act if the applicant for the permit submits a written request to
the lead agency for the permit. The lead agency shall begin
implementing this section with respect to such application within 30
days after receiving such written request.
(i) Strategic and Critical Minerals Within National Forests.--With
respect to strategic and critical minerals within a federally
administered unit of the National Forest System, the lead agency
shall--
(1) exempt all areas of identified mineral resources in
Land Use Designations, other than Non-Development Land Use
Designations, in existence as of the date of the enactment of
this Act from the procedures detailed at and all rules
promulgated under part 294 of title 36, Code for Federal
Regulations;
(2) apply such exemption to all additional routes and areas
that the lead agency finds necessary to facilitate the
construction, operation, maintenance, and restoration of the
areas of identified mineral resources described in paragraph
(1); and
(3) continue to apply such exemptions after approval of the
Minerals Plan of Operations for the unit of the National Forest
System.
SEC. 103. CONSERVATION OF THE RESOURCE.
In evaluating and issuing any mineral exploration or mine permit,
the priority of the lead agency shall be to maximize the development of
the mineral resource, while mitigating environmental impacts, so that
more of the mineral resource can be brought to the market place.
SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
PROJECTS.
(a) Preparation of Federal Notices for Mineral Exploration and Mine
Development Projects.--The preparation of Federal Register notices
required by law associated with the issuance of a mineral exploration
or mine permit shall be delegated to the organization level within the
agency responsible for issuing the mineral exploration or mine permit.
All Federal Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake an action
shall be originated and transmitted to the Federal Register from the
office where documents are held, meetings are held, or the activity is
initiated.
(b) Departmental Review of Federal Register Notices for Mineral
Exploration and Mining Projects.--Absent any extraordinary circumstance
or except as otherwise required by any Act of Congress, each Federal
Register notice described in subsection (a) shall undergo any required
reviews within the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal Register
no later than 30 days after its initial preparation.
TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
MINE PERMITS
SEC. 201. DEFINITIONS FOR TITLE.
In this title the term ``covered civil action'' means a civil
action against the Federal Government containing a claim under section
702 of title 5, United States Code, regarding agency action affecting a
mineral exploration or mine permit.
SEC. 202. TIMELY FILINGS.
A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.
SEC. 203. RIGHT TO INTERVENE.
The holder of any mineral exploration or mine permit may intervene
as of right in any covered civil action by a person affecting rights or
obligations of the permit holder under the permit.
SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 205. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.
SEC. 206. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
Union Calendar No. 100
113th CONGRESS
1st Session
H. R. 761
[Report No. 113-138, Part I]
_______________________________________________________________________
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
United States economic and national security and manufacturing
competitiveness.
_______________________________________________________________________
July 8, 2013
Reported from the Committee on Natural Resources with an amendment
July 8, 2013
The Committee on the Judiciary discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed