[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 145 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 145

     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 
the economic and national security and manufacturing competitiveness of 
               the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2017

  Mr. Heller introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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 
the economic and national security and manufacturing competitiveness of 
               the United States, and for other purposes.

    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''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the industrialization of developing nations has driven 
        demand for nonfuel minerals 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) minerals and mineral materials are critical components 
        of every transportation, water, telecommunications, and energy 
        infrastructure project necessary to modernize the crumbling 
        infrastructure of the United States;
            (4) the exploration, production, processing, use, and 
        recycling of minerals contribute significantly to the economic 
        well-being, security, and general welfare of the United States;
            (5) the United States has vast mineral resources but is 
        becoming increasingly dependent on foreign sources of mineral 
        resources, as demonstrated by the fact that--
                    (A) 25 years ago, the United States was dependent 
                on foreign sources for 45 nonfuel mineral materials, of 
                which--
                            (i) 8 were imported by the United States to 
                        fulfill 100 percent of the requirements of the 
                        United States for those nonfuel mineral 
                        materials; and
                            (ii) 19 were imported by the United States 
                        to fulfill greater than 50 percent of the 
                        requirements of the United States for those 
                        nonfuel mineral materials;
                    (B) by 2015 the import dependence of the United 
                States for nonfuel mineral materials increased from 
                dependence on the import of 45 nonfuel mineral 
                materials to dependence on the import of 47 nonfuel 
                mineral materials, of which--
                            (i) 19 were imported by the United States 
                        to fulfill 100 percent of the requirements of 
                        the United States for those nonfuel mineral 
                        materials; and
                            (ii) 22 were imported by the United States 
                        to fulfill greater than 50 percent of the 
                        requirements of the United States for those 
                        nonfuel mineral materials;
                    (C) according to the Department of Energy, the 
                United States imports greater than 50 percent of the 41 
                metals and minerals key to clean energy applications;
                    (D) the United States share of worldwide mineral 
                exploration dollars was 7 percent in 2015, down from 19 
                percent in the early 1990s;
                    (E) the 2014 Ranking of Countries for Mining 
                Investment, which ranks 25 major mining countries, 
                found that 7- to 10-year permitting delays are the most 
                significant risk to mining projects in the United 
                States; and
                    (F) in late 2016, the Government Accountability 
                Office found that--
                            (i) ``the Federal government's approach to 
                        addressing critical materials supply issues has 
                        not been consistent with selected key practices 
                        for interagency collaboration, such as ensuring 
                        that agencies' roles and responsibilities are 
                        clearly defined''; and
                            (ii) ``the Federal critical materials 
                        approach faces other limitations, including 
                        data limitations and a focus on only a subset 
                        of critical materials, a limited focus on 
                        domestic production of critical materials, and 
                        limited engagement with industry''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means--
                    (A) any agency, department, or other unit of 
                Federal, State, local, or tribal government; or
                    (B) an Alaska Native Corporation.
            (2) Alaska native corporation.--The term ``Alaska Native 
        Corporation'' has the meaning given the term ``Native 
        Corporation'' in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602).
            (3) Lead agency.--The term ``lead agency'' means the agency 
        with primary responsibility for issuing a mineral exploration 
        or mine permit for a project.
            (4) Mineral exploration or mine permit.--The term ``mineral 
        exploration or mine permit'' includes--
                    (A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for 
                premining activities that requires an environmental 
                impact statement or similar analysis under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    (B) a plan of operations issued by--
                            (i) the Bureau of Land Management under 
                        subpart 3809 of part 3800 of title 43, Code of 
                        Federal Regulations (or successor regulations); 
                        or
                            (ii) the Forest Service under subpart A of 
                        part 228 of title 36, Code of Federal 
                        Regulations (or successor regulations); and
                    (C) a permit issued under an authority described in 
                section 3503.13 of title 43, Code of Federal 
                regulations (or successor regulations).
            (5) Project.--The term ``project'' means a project for 
        which the issuance of a permit is required to conduct 
        activities for, relating to, or incidental to mineral 
        exploration, mining, beneficiation, processing, or reclamation 
        activities--
                    (A) on a mining claim, millsite claim, or tunnel 
                site claim for any locatable mineral; or
                    (B) in conjunction with any Federal mineral (other 
                than coal and oil shale) that is leased under--
                            (i) the Mineral Leasing Act for Acquired 
                        Lands (30 U.S.C. 351 et seq.); or
                            (ii) section 402 of Reorganization Plan 
                        Numbered 3 of 1946 (5 U.S.C. App.).

SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.

    (a) Definition of Strategic and Critical Minerals.--In this 
section, the term ``strategic and critical minerals'' means minerals 
that are necessary--
            (1) for the national defense and national security 
        requirements;
            (2) for the energy infrastructure of the United States, 
        including--
                    (A) pipelines;
                    (B) refining capacity;
                    (C) electrical power generation and transmission; 
                and
                    (D) renewable energy production;
            (3) to support domestic manufacturing, agriculture, 
        housing, telecommunications, healthcare, and transportation 
        infrastructure; or
            (4) for the economic security of, and balance of trade in, 
        the United States.
    (b) Consideration of Certain Domestic Mines as Infrastructure 
Projects.--A domestic mine that, as determined by the lead agency, will 
provide strategic and critical minerals shall be considered to be an 
infrastructure project, as described in Executive Order 13604 (5 U.S.C. 
601 note; relating to improving performance of Federal permitting and 
review of infrastructure projects).

SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY.

    (a) In General.--The lead agency shall appoint a project lead 
within the lead agency, who shall coordinate and consult with 
cooperating agencies and any other agencies involved in the permitting 
process, project proponents, and contractors to ensure that cooperating 
agencies and other agencies involved in the permitting process, project 
proponents, and contractors--
            (1) minimize delays;
            (2) set and adhere to timelines and schedules for 
        completion of the permitting process;
            (3) set clear permitting goals; and
            (4) track progress against those goals.
    (b) Determination Under NEPA.--
            (1) In general.--To the extent that the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        applies to the issuance of any mineral exploration or mine 
        permit, the requirements of that Act shall be considered to 
        have been procedurally and substantively satisfied if the lead 
        agency determines that any State or Federal agency acting under 
        State or Federal law has addressed or will address the 
        following factors:
                    (A) The environmental impact of the action to be 
                conducted under the permit.
                    (B) Possible adverse environmental effects of 
                actions under the permit.
                    (C) Possible alternatives to issuance of the 
                permit.
                    (D) The relationship between long- and short-term 
                uses of the local environment and the maintenance and 
                enhancement of long-term productivity.
                    (E) Any irreversible and irretrievable commitment 
                of resources that would be involved in the proposed 
                action.
                    (F) Whether public participation will occur during 
                the decisionmaking process for authorizing actions 
                under the permit.
            (2) Written requirement.--In making a determination under 
        paragraph (1), not later than 90 days after receipt of an 
        application for the permit, the lead agency, in a written 
        record of decision, shall--
                    (A) explain the rationale used in reaching the 
                determination;
                    (B) state the facts in the record that are the 
                basis for the determination; and
                    (C) show that the facts in the record could allow a 
                reasonable person to reach the same determination as 
                the lead agency did.
    (c) Coordination on Permitting Process.--
            (1) In general.--The lead agency shall enhance government 
        coordination for the permitting process by--
                    (A) avoiding duplicative reviews;
                    (B) minimizing paperwork; and
                    (C) engaging other agencies and stakeholders early 
                in the process.
            (2) Considerations.--In carrying out paragraph (1), the 
        lead agency shall consider--
                    (A) deferring to, and relying on, baseline data, 
                analyses, and reviews performed by State agencies with 
                jurisdiction over the proposed project; and
                    (B) to the maximum extent practicable, conducting 
                any consultations or reviews concurrently rather than 
                sequentially if the concurrent consultation or review 
                would expedite the process.
            (3) Memorandum of agency agreement.--If requested at any 
        time by a State or local planning agency, the lead agency, in 
        consultation with other Federal agencies with relevant 
        jurisdiction in the environmental review process, may establish 
        memoranda of agreement with the project sponsor, State and 
        local governments, and other appropriate entities to accomplish 
        the coordination activities described in this subsection.
    (d) Schedule for Permitting Process.--
            (1) In general.--For any project for which the lead agency 
        cannot make the determination described subsection (b), 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--
                    (A) the decision on whether to prepare an 
                environmental impact statement or similar analysis 
                required under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.);
                    (B) a determination of the scope of any 
                environmental impact statement or similar analysis 
                required under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.);
                    (C) the scope of, and schedule for, the baseline 
                studies required to prepare an environmental impact 
                statement or similar analysis required under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (D) preparation of any draft environmental impact 
                statement or similar analysis required under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (E) preparation of a final environmental impact 
                statement or similar analysis required under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (F) any consultations required under applicable 
                law;
                    (G) submission and review of any comments required 
                under applicable law;
                    (H) publication of any public notices required 
                under applicable law; and
                    (I) any final or interim decisions.
            (2) Time limit for permitting process.--Except if extended 
        by mutual agreement of the project proponent and the lead 
        agency, the time period for the total review process described 
        in paragraph (1) shall not exceed 30 months.
    (e) Limitation on Addressing Public Comments.--The lead agency 
shall not be required to address any agency or public comments that 
were not submitted--
            (1) during a public comment period or consultation period 
        provided during the permitting process; or
            (2) as otherwise required by law.
    (f) Financial Assurance.--The lead agency shall determine the 
amount of financial assurance required for reclamation of a mineral 
exploration or mining site, on the condition that the financial 
assurance shall 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.
    (g) Projects Within National Forests.--With respect to projects on 
National Forest System land, the lead agency shall--
            (1) exempt from the requirements of part 294 of title 36, 
        Code of Federal Regulations (or successor regulations)--
                    (A) all areas of identified mineral resources in 
                land use designations, other than nondevelopment land 
                use designations, in existence on the date of enactment 
                of this Act; and
                    (B) all additional routes and areas that the lead 
                agency determines necessary to facilitate the 
                construction, operation, maintenance, and restoration 
                of an area described in paragraph (1); and
            (2) continue to apply the exemptions described in paragraph 
        (1) after the date on which approval of the minerals plan of 
        operations described in section 3(4)(B)(ii) for the National 
        Forest System land.
    (h) Application to Existing Permit Applications.--
            (1) In general.--This section applies to a mineral 
        exploration or mine permit for which an application was 
        submitted before the date of enactment of this Act if the 
        applicant for the permit submits a written request to the lead 
        agency for the permit.
            (2) Implementation.--The lead agency shall begin 
        implementing this section with respect to an application 
        described in paragraph (1) not later than 30 days after the 
        date on which the lead agency receives the written request for 
        the permit.

SEC. 6. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING 
              PROJECTS.

    (a) Departmental Review.--Absent any extraordinary circumstances, 
as determined by the Secretary of the Interior or the Secretary of 
Agriculture, as applicable, and except as otherwise required by law, 
the Secretary of the Interior or the Secretary of Agriculture, as 
applicable, shall ensure that each Federal Register notice associated 
with the issuance of a mineral exploration or mine permit and required 
by law shall be--
            (1) subject to any required reviews within the Department 
        of the Interior or the Department of Agriculture, as 
        applicable; and
            (2) published in final form in the Federal Register not 
        later than 45 days after the date of initial preparation of the 
        notice.
    (b) Preparation.--The preparation of any Federal Register notice 
described in subsection (a) shall be delegated to the organizational 
level within the lead agency.
    (c) Transmission.--All Federal Register notices described in 
subsection (a) regarding official document availability, announcements 
of meetings, or notices of intent to undertake an action shall 
originate in, and be transmitted to the Federal Register from, the 
office in which, as applicable--
            (1) the documents or meetings are held; or
            (2) the activity is initiated.

SEC. 7. SECRETARIAL ORDER NOT AFFECTED.

    This Act shall not apply to any mineral described in Secretarial 
Order 3324, issued by the Secretary of the Interior on December 3, 
2012, in any area to which the order applies.
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