House Report 113-147 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 761) 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

[House Report 113-147]
[From the U.S. Government Publishing Office]

113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-147

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 761) 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

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July 9, 2013.--Referred to the House Calendar and ordered to be printed

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Mr. Bishop of Utah, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 292]

The Committee on Rules, having had under consideration
House Resolution 292, by a vote of 9 to 4, report the same to
the House with the recommendation that the resolution be
adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 761, the
National Strategic and Critical Minerals Production Act of
2013, under a structured rule. The resolution provides one hour
of general debate equally divided and controlled by the chair
and ranking minority member of the Committee on Natural
Resources. The resolution waives all points of order against
consideration of the bill. The resolution makes in order as
original text for purpose of amendment an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 113-17 and provides that it shall be considered
as read. The resolution waives all points of order against the
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in this report.
Each such amendment may be offered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.

COMMITTEE VOTES

The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:

Rules Committee record vote No. 49

Motion by Ms. Slaughter to make in order and provide the
appropriate waivers for amendment #9, offered by Rep. DeFazio
(OR), which assess a royalty fee of 8 percent for new hardrock
mining operations and 4 percent for existing hardrock mining
operations. Revenues would be used to reclaim abandoned
hardrock mines. Defeated: 4-9

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 50

Motion by Mr. McGovern to report an open rule. Defeated: 4-
9

Rules Committee record vote No. 51

Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #4, offered by
Rep. Shea-Porter (NH), which requires any person or corporation
that is applying for a permit under H.R. 761 to disclose all
electioneering expenditures made by them in the last five
years. Defeated: 4-9

Rules Committee record vote No. 52

Motion by Mr. Bishop of Utah to report the rule. Adopted:
9-4

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Lowenthal (CA): Clarifies the definition of ``Strategic
and Critical Minerals'' to only include the minerals identified
by the National Research Council (NRC) as strategic and
critical minerals, and any additional minerals added by the
Secretary that meet the NRC's criteria. Also clarifies the
definition of ``Mineral Exploration or Mine Permit'' to mean
mineral exploration or mine permit for strategic and critical
minerals. (10 minutes)
2. Grayson (FL): Clarifies that mineral exploration and
mine permits referenced in H.R. 761 only cover strategic and
critical minerals. (10 minutes)
3. Jackson Lee (TX): Directs that the lead agency with
responsibility for issuing a mineral exploration or mine permit
coordinate and consult with each State that may be impacted by
issuance of the permit. (10 minutes)
4. Connolly (VA): Recognizes that mineral exploration and
mining can have major environmental impacts and requires such
projects be subjected to an Environmental Impact Statement
review prior to approval. Removes the arbitrary limit on the
time frame for such reviews. (10 minutes)
5. Jackson Lee (TX): Establishes that no deadline for
agency action under ``Section 104 Federal Register Process for
Mineral Exploration and Mining'' shall apply to the agency in a
fiscal year if the amount of appropriations available to the
agency for such action for the fiscal year is less than then
amount of appropriations available to the agency for such
action for the preceding fiscal year. (10 minutes)
6. Jackson Lee (TX): Allows access to funds provided by
taxpayers to other taxpayers when mounting a challenge to a
decision by the Federal government agency with authority under
this Act. (10 minutes)

TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Lowenthal of California
or His Designee, Debatable for 10 Minutes

Page 3, beginning at line 7, strike paragraph (1) and insert
the following:

(1) Strategic and critical minerals.--The term
``strategic and critical minerals''--
(A) means--
(i) minerals and mineral groups
identified as critical by the National
Research Council in the report entitled
``Minerals, Critical Minerals, and the
U.S. Economy'', dated 2008; and
(ii) additional minerals identified
by the Secretary of the Interior based
on the National Research Council
criteria in such report; and
(B) shall not include sand, gravel, or clay.

Page 4, strike lines 1 through 7 and insert the following:

(1) Mineral exploration or mine permit.--The term
``mineral exploration or mine permit''--
(A) means a mineral exploration or mine
permit for strategic and critical minerals; and
(B) includes any plan of operation for
strategic and critical minerals that is issued
by the Bureau of Land Management and the Forest
Service.
----------

2. An Amendment To Be Offered by Representative Grayson of Florida or
His Designee, Debatable for 10 Minutes

Page 4, line 3, before ``includes'' insert ``means a permit
authorizing exploration for or mining of a mineral that is a
strategic and critical mineral, and''.
Page 6, line 11, strike ``permitting'' and insert ``permit
issuance''.
Page 8, lines 1 and 19, insert ``strategic and critical''
before ``mineral'' each place it appears.
Page 9, lines 5, 12, and 14, insert ``strategic and
critical'' before ``mineral'' each place it appears.
Page 9, line 15, insert ``strategic and critical'' before
``mineral''.
Page 9, line 17, insert ``Strategic and Critical'' before
``Min-''.
Page 10, line 5, insert ``Strategic and Critical'' before
``Mineral''.
Page 7, line 22, insert ``strategic and critical mineral''
before ``permitting process''.
Page 10, line 15 insert ``STRATEGIC AND CRITICAL MINERAL''
before ``EXPLORATION''.
----------

3. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes

Page 4, line 24, after ``project proponents'' insert ``, each
State that may be impacted by issuance of the permit,''.
----------

4. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes

Page 5, strike lines 4 through 17 and insert the following:
(b) Determination Under NEPA.--The lead agency with
responsibility for issuing a mineral exploration or mine permit
shall determine any such action would constitute a major
Federal action significantly affecting the quality of the human
environment within the meaning of the National Environmental
Policy Act (42 U.S.C. 4331 et seq.).
Beginning at page 6, strike line 8 and all that follows
through page 7, line 17.
----------

5. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes

At the end of title I (page 10, after line 12), insert the
following:

SEC. 105. NULLIFICATION OF TIME LIMITS.

No deadline for agency action under this title shall apply to
an agency in a fiscal year if the amount of appropriations
available to the agency for such action for the fiscal year is
less than the amount of appropriations available to the agency
for such action for the preceding fiscal year.
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6. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes

Page 11, beginning at line 21, strike section 206.