[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3312-S3314]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2398. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 10____. NATIONAL STRATEGIC AND CRITICAL MINERALS
PRODUCTION.
(a) Findings.--Congress finds that--
(1) in accordance with Executive Order 13806 (82 Fed. Reg.
34597 (July 26, 2017)), while a healthy manufacturing and
defense industrial base and resilient supply chains are
essential to the economic strength and national security of
the United States, modern supply chains are often long and
the ability of the United States to manufacture or obtain
goods critical to the national security of the United States
could be hampered by an inability to obtain various essential
components that may not be directly related to national
security;
(2) in accordance with Executive Order 13817 (82 Fed. Reg.
60835 (December 26, 2017)), the United States is heavily
reliant on imports of certain mineral commodities that are
vital to the security and economic prosperity of the United
States;
(3) the dependency of the United States on foreign sources
of certain mineral commodities creates a strategic
vulnerability for the economy and the military to adverse
foreign government actions, natural disasters, and other
events that could disrupt the supply of key minerals;
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(4) increased private-sector domestic exploration,
production, recycling, and reprocessing of critical minerals
and support for efforts to identify more commonly available
technological alternatives to critical minerals would--
(A) reduce the dependence of the United States on imports
of critical minerals;
(B) preserve the leadership of the United States in
technological innovation;
(C) support job creation;
(D) improve the national security and balance of trade of
the United States; and
(E) enhance the technological superiority and readiness of
the Armed Forces, which are among the most significant
consumers of critical minerals in the United States;
(5) the industrialization of developing nations has driven
demand for nonfuel minerals necessary for telecommunications,
military technologies, healthcare technologies, and
conventional and renewable energy technologies;
(6) the availability of minerals and mineral materials are
essential for economic growth, national security,
technological innovation, and the manufacturing and
agricultural supply chain;
(7) 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;
(8) the exploration, production, processing, use, and
recycling of minerals contribute significantly to the
economic well-being, security, and general welfare of the
United States; and
(9) 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''.
(b) Definitions.--In this section:
(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.).
(c) Improving Development of Strategic and Critical
Minerals.--
(1) Definition of strategic and critical minerals.--In this
subsection, the term ``strategic and critical minerals''
means minerals that are necessary--
(A) for the national defense and national security
requirements, including supply chain resiliency;
(B) for the energy infrastructure of the United States,
including--
(i) pipelines;
(ii) refining capacity;
(iii) electrical power generation and transmission; and
(iv) renewable energy production;
(C) for community resiliency, coastal restoration, and
ecological sustainability for the coastal United States;
(D) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and transportation
infrastructure; or
(E) for the economic security of, and balance of trade in,
the United States.
(2) 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 13807 (82 Fed. Reg. 40463
(August 24, 2017)).
(d) Responsibilities of the Lead Agency.--
(1) 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--
(A) minimize delays;
(B) set and adhere to timelines and schedules for
completion of the permitting process;
(C) set clear permitting goals; and
(D) track progress against those goals.
(2) Determination under nepa.--
(A) 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:
(i) The environmental impact of the action to be conducted
under the permit.
(ii) Possible adverse environmental effects of actions
under the permit.
(iii) Possible alternatives to issuance of the permit.
(iv) The relationship between long- and short-term uses of
the local environment and the maintenance and enhancement of
long-term productivity.
(v) Any irreversible and irretrievable commitment of
resources that would be involved in the proposed action.
(vi) That public participation will occur during the
decisionmaking process for authorizing actions under the
permit.
(B) Written requirement.--In making a determination under
subparagraph (A), not later than 90 days after receipt of an
application for the permit, the lead agency, in a written
record of decision, shall--
(i) explain the rationale used in reaching the
determination;
(ii) state the facts in the record that are the basis for
the determination; and
(iii) show that the facts in the record could allow a
reasonable person to reach the same determination as the lead
agency did.
(3) Coordination on permitting process.--
(A) In general.--The lead agency shall enhance government
coordination for the permitting process by--
(i) avoiding duplicative reviews;
(ii) minimizing paperwork; and
(iii) engaging other agencies and stakeholders early in the
process.
(B) Considerations.--In carrying out subparagraph (A), the
lead agency shall consider--
(i) deferring to, and relying on, baseline data, analyses,
and reviews performed by State agencies with jurisdiction
over the proposed project; and
(ii) to the maximum extent practicable, conducting any
consultations or reviews concurrently rather than
sequentially if the concurrent consultation or review would
expedite the process.
(C) 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
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and local governments, and other appropriate entities to
accomplish the coordination activities described in this
paragraph.
(4) Schedule for permitting process.--
(A) In general.--For any project for which the lead agency
cannot make the determination described in paragraph (2), 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--
(i) 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.);
(ii) 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.);
(iii) 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.);
(iv) 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.);
(v) 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.);
(vi) any consultations required under applicable law;
(vii) submission and review of any comments required under
applicable law;
(viii) publication of any public notices required under
applicable law; and
(ix) any final or interim decisions.
(B) 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 subparagraph (A) shall not exceed 30 months.
(5) Limitation on addressing public comments.--The lead
agency shall not be required to address any agency or public
comments that were not submitted--
(A) during a public comment period or consultation period
provided during the permitting process; or
(B) as otherwise required by law.
(6) 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.
(7) Projects within national forests.--With respect to
projects on National Forest System land, the lead agency
shall--
(A) exempt from the requirements of part 294 of title 36,
Code of Federal Regulations (or successor regulations)--
(i) 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
(ii) all additional routes and areas that the lead agency
determines necessary to facilitate the construction,
operation, maintenance, and restoration of an area described
in clause (i); and
(B) continue to apply the exemptions described in
subparagraph (A) after the date on which approval of the
minerals plan of operations described in subsection
(b)(4)(B)(ii) for the National Forest System land.
(8) Application to existing permit applications.--
(A) In general.--This subsection 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.
(B) Implementation.--The lead agency shall begin
implementing this subsection with respect to an application
described in subparagraph (A) not later than 30 days after
the date on which the lead agency receives the written
request for the permit.
(e) Federal Register Process for Mineral Exploration and
Mining Projects.--
(1) 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--
(A) subject to any required reviews within the Department
of the Interior or the Department of Agriculture, as
applicable; and
(B) published in final form in the Federal Register not
later than 45 days after the date of initial preparation of
the notice.
(2) Preparation.--The preparation of any Federal Register
notice described in paragraph (1) shall be delegated to the
organizational level within the lead agency.
(3) Transmission.--All Federal Register notices described
in paragraph (1) 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--
(A) the documents or meetings are held; or
(B) the activity is initiated.
(f) Secretarial Order Not Affected.--This section 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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