[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 209 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 209
To improve the permitting process for mining on Federal land, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Stauber (for himself, Mr. Newhouse, Mr. Crenshaw, Mrs. Boebert, Mr.
Graves of Louisiana, Mr. Calvert, Mr. Finstad, Mr. Owens, Mr.
McClintock, Mrs. Fischbach, Mr. Stewart, Ms. Tenney, Mr. Obernolte, Mr.
Bentz, Mr. Reschenthaler, Mr. Fulcher, and Mr. Emmer) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, 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
_______________________________________________________________________
A BILL
To improve the permitting process for mining on Federal land, 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 ``Permitting for Mining Needs Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Mineral.--The term ``mineral'' means any mineral of a
kind that is locatable (including, but not limited to, such
minerals located on ``lands acquired by the United States'', as
such term is defined in section 2 of the Mineral Leasing Act
for Acquired Lands) under the Act of May 10, 1872 (Chapter 152;
17 Stat. 91).
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
SEC. 3. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``critical
minerals'' and inserting ``minerals'';
(2) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) 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
project.
``(2) Mineral.--The term `mineral' has the meaning given
such term in section 2 of the Permitting for Mining Needs Act
of 2023.
``(3) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' means--
``(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for
exploration for minerals that requires analysis under
the National Environmental Policy Act of 1969;
``(B) a plan of operations for a mineral project
approved by the Bureau of Land Management or the Forest
Service; or
``(C) any other Federal permit or authorization for
a mineral project.
``(4) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.'';
(3) in subsection (b), by striking ``critical'' each place
such term appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
inserting ``shall complete such'';
(D) in paragraph (1), by striking ``critical
mineral-related activities on Federal land'' and
inserting ``mineral projects'';
(E) in paragraph (8), by striking the ``and'' at
the end;
(F) in paragraph (9), by striking ``procedures.''
and inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction over
the environmental or reclamation permits for the proposed
mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place such term
appears; and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
such term appears;
(8) in subsection (g), by striking ``critical'' each place
such term appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines appropriate)
enter into a memorandum of agreement with a project applicant
where requested by applicant to carry out the activities
described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Deadlines.--Any timelines or schedules
established under subsection (c)(1) relating to a
review under section 102(2)(C) of the National
Environmental Policy Act of 1969 shall require that the
review process not exceed--
``(i) 12 months for an environmental
assessment; and
``(ii) 24 months for an environmental
impact statement.
``(B) Extension.--A project applicant may enter
into 1 or more agreements with a lead agency to extend
the deadlines described in clauses (i) and (ii) of
subparagraph (A) by, with respect to each such
agreement, not more than 6 months.
``(C) Adjustment of timelines.--At the request of a
project applicant, the lead agency and any other entity
which is a signatory to a memorandum of agreement under
paragraph (1) may, by unanimous agreement, adjust--
``(i) any deadlines described in
subparagraph (A); and
``(ii) any deadlines extended under
subparagraph (B).
``(3) 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
102(2)(C) of the National Environmental Policy Act of 1969.
``(4) Effect on pending applications.--Upon a written
request by a project applicant, 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 2023.''.
SEC. 4. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 5. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL
PERMITTING IMPROVEMENT PURPOSES.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``minerals production,'' before ``or any other
sector''.
SEC. 6. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11
FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the Fixing America's Surface Transportation Act (42
U.S.C. 4370m(6)), without regard to the requirements of that
section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) to create,
maintain, protect, expand, or restore sustainable and responsible
domestic production capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1)
of the Defense Production Act of 1950 15 (50 U.S.C.
4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the Fixing America's Surface Transportation Act (42 U.S.C.
4370m(18))) requests that the action not be treated as a covered
project.
SEC. 7. MINERAL EXPLORATION ACTIVITIES WITH LIMITED SURFACE
DISTURBANCE.
Notwithstanding any other provision of law, not later than 15
calendar days after receiving a notice in such time, place, and manner
as the applicable Secretary determines appropriate describing the
exploration activities and subsequent reclamation activities, the
Secretary of the Interior with respect to lands administered by the
Secretary, and the Secretary of Agriculture with respect to National
Forest System lands, shall--
(1) review and determine completeness of the notice; and
(2) allow mineral exploration activities other than casual
use to proceed if--
(A) the surface disturbance on Federal land will
not exceed 5 acres;
(B) the Secretary determines that the notice is
complete; and
(C) financial assurance is provided.
SEC. 8. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--
``(A) In general.--A claimant shall have the right
to use, occupy, and conduct operations on public land,
with or without the discovery of a valuable mineral
deposit, if--
``(i) such claimant makes a timely payment
of the location fee required by section 10102
and the claim maintenance fee required by
subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver under subsection (d),
such claimant makes a timely payment of the
location fee and complies with the required
assessment work under the general mining laws.
``(B) Operations defined.--For the purposes of this
paragraph, the term `operations' means--
``(i) any activity or work carried out in
connection with prospecting, exploration,
processing, discovery and assessment,
development, or extraction with respect to a
locatable mineral;
``(ii) the reclamation of an area disturbed
by an activity described in subparagraph (A);
and
``(iii) any activity reasonably incident to
an activity described in subparagraphs (A) or
(B), whether on a mining claim or not,
including the construction and maintenance of
facilities, roads, transmission lines,
pipelines, and any other necessary
infrastructure or means of access on public
land.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this section
and section 10102 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 laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish--
``(A) the rights of entry, use, and occupancy of a
claimant under the general mining laws; or
``(B) the rights of a claimant under the general
mining laws.''.
SEC. 9. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
``(i) oil, oil shale, coal, or natural
gas;''.
(b) Update.--Not later than 60 days after the date of the enactment
of this section, the Secretary, acting through the Director of the
United States Geological Survey, shall publish in the Federal Register
an update to the final list established in section 7002(c)(3) of the
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection
(a) of this section.
SEC. 10. LIMITATION ON JUDICIAL REVIEW.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal lead agency for a mining
project shall be barred unless it is filed not later than 120 days
after the permit, license, or approval is final pursuant to the law
under which the agency action is taken, unless a shorter time is
specified in the Federal law pursuant to which judicial review is
allowed.
(b) 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 permit, license, or approval.
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