[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5609-S5610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2196. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle E of title III of division D, add 
     the following:

     SEC. 4034_. AMERICAN CRITICAL MINERAL INDEPENDENCE.

       (a) Definitions.--In this section:
       (1) Byproduct.--The term ``byproduct'' has the meaning 
     given the term in section 7002(a) of the Energy Act of 2020 
     (30 U.S.C. 1606(a)).
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)), except that the term shall 
     not exclude materials described in paragraph (3)(B)(iii) of 
     that section.
       (3) Critical mineral project.--The term ``critical mineral 
     project'' means a project--
       (A) located on--
       (i) a mining claim, millsite claim, or tunnel site claim 
     for any locatable mineral;
       (ii) land open to mineral entry; or
       (iii) a Federal mineral lease; and
       (B) for the purpose of producing a critical mineral, 
     including--

[[Page S5610]]

       (i) as a byproduct, or a product of a host mineral, or from 
     tailings; or
       (ii) through an exploration project with respect to which 
     the presence of a byproduct is a reasonable expectation, 
     based on known mineral companionality, geologic formation, 
     mineralogy, or other factors.
       (4) Lead agency.--The term ``lead agency'' means the agency 
     with primary responsibility for issuing a mineral exploration 
     or mine permit for a project.
       (5) 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 a premining activity 
     that requires analysis under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (B) a plan of operations issued by the Bureau of Land 
     Management or the Forest Service; and
       (C) a permit for a project located in an area for which a 
     hardrock mineral permit or lease is available.
       (6) 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.
       (b) Improving Domestic Permitting Processes.--
       (1) In general.--Notwithstanding any other provision of 
     law, and except with agreement of the project sponsor, the 
     total period for all necessary Federal reviews and permit 
     consideration for a critical mineral project on Federal land 
     reasonably expected to produce critical minerals may not 
     exceed--
       (A) with respect to a project that requires an 
     environmental assessment under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)), 18 months; or
       (B) with respect to a project that requires an 
     environmental impact statement under that section, 24 months.
       (2) Determination under national environmental policy 
     act.--
       (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 relating to a critical mineral project, the lead 
     agency may deem the requirements of that Act to be satisfied 
     if the lead agency determines that a State or Federal agency 
     acting under State or Federal law has addressed the following 
     factors:
       (i) The environmental impact of the action to be conducted 
     under the permit.
       (ii) Possible alternatives to issuance of the permit.
       (iii) The relationship between long- and short-term uses of 
     the local environment and the maintenance and enhancement of 
     long-term productivity.
       (iv) Any irreversible and irretrievable commitment of 
     resources that would be involved in the proposed action.
       (B) Publication.--The lead agency shall publish a 
     determination under subparagraph (A) not later than 90 days 
     after receipt of an application for the permit.
       (C) Verification.--The lead agency shall publish a 
     determination that the factors under subparagraph (A) have 
     been sufficiently addressed and public participation has 
     occurred with regard to any authorizing actions before 
     issuing any mineral exploration or mine permit for a critical 
     mineral project.
       (3) Schedule for permitting process.--For any critical 
     mineral project for which the lead agency cannot make the 
     determination described in paragraph (2)(A), at the request 
     of a project sponsor, 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 sponsor 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 that Act;
       (C) the scope of, and schedule for, the baseline studies 
     required to prepare an environmental impact statement or 
     similar analysis required under that Act;
       (D) preparation of any draft environmental impact statement 
     or similar analysis required under that Act;
       (E) preparation of a final environmental impact statement 
     or similar analysis required under that Act;
       (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.
       (4) Considerations.--In carrying out this subsection, the 
     lead agency shall consider deferring to, and relying on, 
     baseline data, analyses, and reviews performed by State 
     agencies with jurisdiction over the proposed critical mineral 
     project.
       (5) Memorandum of agreement.--The lead agency with respect 
     to a critical mineral project on Federal land, in 
     consultation with any other Federal agency with jurisdiction 
     over the critical mineral project, shall, on request of the 
     project sponsor, a State or local government, an Indian 
     Tribe, or another entity the lead agency determines 
     appropriate, establish a memorandum of agreement with the 
     project sponsor, a State or local government, an Indian 
     Tribe, or another entity the lead agency determines 
     appropriate to carry out the activities described in this 
     subsection.
       (6) Addressing public comments.--As part of the review 
     process of a critical mineral project under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     the lead agency may not 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.
                                 ______