House Report 113-214 - 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 113-214]
[From the U.S. Government Publishing Office]

113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-214

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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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September 17, 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. 347]

The Committee on Rules, having had under consideration
House Resolution 347, by a record vote of 8 to 2, 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 the purpose of amendment the amendment in the
nature of a substitute recommended by the Committee on Natural
Resources now printed in the bill 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
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. 66

Motion by Ms. Slaughter to report an open rule. Defeated:
2-8

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

Rules Committee record vote No. 67

Motion by Ms. Slaughter to make in order and provide the
appropriate waivers for amendment #3, offered by Representative
DeFazio (OR), which requires a royalty of 8% for new hardrock
mining operations on federal land. Revenue from royalty
payments would be made available for reclamation of abandoned
mine sites. Defeated: 2-8

Rules Committee record vote No. 68

Motion by Ms. Foxx to report the rule. Adopted: 8-2

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

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Lowenthal (CA): Clarifies that the definition of
``Strategic and Critical Minerals'' only includes 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 that
the definition of ``Mineral Exploration or Mine Permit'' in
this underlying legislation only refers to mineral exploration
or mine permit for strategic and critical minerals. (10
minutes)
2. Veasey (TX): Designates the Secretary of Interior to
publish no later than 60 days after enactment of the bill a
list of ``Strategic and Critical Minerals'' for the purpose of
the bill. The Secretary must update the list every 5 years. (10
minutes)
3. Connolly (VA): Requires mineral exploration and mining
projects to be subjected to an Environmental Impact Statement
review prior to approval. Removes the arbitrary limit on the
time frame for such reviews. (10 minutes)
4. Hastings, Alcee (FL): Requires that the cost of cleanup
be included in financial assurance and that financial insurance
instruments shall be in the form of a surety bond, letter of
credit or other instrument that would routinely be accepted in
commerce. (10 minutes)
5. Pearce (NM): Clarifies the intention of the bill that it
will not impact Secretarial Order 3324, as it relates to oil/
gas and potash. (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 5, strike lines 3 through 16 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 5, strike lines 21 through 26 and insert the following:
(3) 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 Veasey of Texas or His
Designee, Debatable for 10 Minutes

Page 5, after line 26, insert the following:

SEC. 4. PUBLICATION OF CRITICAL MINERALS.

The Secretary of the Interior shall publish in the Federal
Register--
(1) by not later than 60 days after the date of the
enactment of this Act, a list of the minerals that are
strategic and critical minerals for purposes of this
Act; and
(2) every 5 years thereafter, an updated list of such
minerals.
----------

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

Beginning at page 6, strike line 22 and all that follows
through page 7, line 9, 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 7, strike line 24 and all that follows
through page 9, line 7.
----------

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

Page 9, line 14, before ``The lead agency'' insert the
following:
(1) In general.--
Page 9, line 21, before the period insert ``, the cost of
cleanup in the event of any release occurring at such site, and
the costs incurred by the United States to implement this
subsection''.
Page 9, after line 21, insert the following:
(2) Form.--Such financial assurance shall be in the
form of a surety bond, letter of credit, or other
instrument that would routinely be accepted in
commerce.
(3) Amount based on type of operation.--The amount of
such financial assurance shall be based on the type of
mining operation to be conducted.
(4) Inspections.--The lead agency shall conduct
annual inspections and reviews of financial insurance
required under this subsection.
----------

5. An Amendment To Be Offered by Representative Pearce of New Mexico or
His Designee, Debatable for 10 Minutes

Add at the end the following:

TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. SECRETARIAL ORDER NOT AFFECTED.

Nothing in this Act shall be construed as to affect any
aspect of Secretarial Order 3324, issued by the Secretary of
the Interior on December 3, 2012, with respect to potash and
oil and gas operators.