[House Report 117-585]
[From the U.S. Government Publishing Office]


117th Congress     }                                  {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                  {      117-585

======================================================================

 
   RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT AND DIRECTING THE 
 SECRETARY OF AGRICULTURE TO TRANSMIT, RESPECTIVELY, CERTAIN DOCUMENTS 
   TO THE HOUSE OF REPRESENTATIVES RELATING TO RESOLUTION COPPER MINE

                                _______
                                

 November 29, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

        Mr. Grijalva, from the Committee on Natural Resources, 
                        submitted the following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                      [To accompany H. Res. 1378]

    The Committee on Natural Resources, to whom was referred 
the resolution (H. Res. 1378) of inquiry requesting the 
President and directing the Secretary of Agriculture to 
transmit, respectively, certain documents to the House of 
Representatives relating to Resolution Copper mine, having 
considered the same, reports unfavorably thereon with an 
amendment and recommends that the resolution not be agreed to.
    The amendment is as follows:
    Strike all after the resolving clause and insert the 
following:

That the President is requested, and the Secretary of Agriculture is 
directed, to transmit, respectively, to the House of Representatives, 
not later than 14 days after the date of the adoption of this 
resolution, copies of all documents, memoranda, advisory legal 
opinions, notes from meetings, audio recordings, records (including 
telephone records and electronic mail records), correspondence, and 
other communications, or any portion of any such communications, to the 
extent that any such one or more items are within the possession of the 
President or the Secretary of Agriculture, respectively, and refer to 
Resolution Copper mine.

                       PURPOSE OF THE LEGISLATION

    The purpose of H. Res. 1378 is to request the President and 
direct the Secretary of Agriculture to transmit, respectively, 
certain documents to the House of Representatives relating to 
Resolution Copper mine.

                 BACKGROUND REGARDING THIS LEGISLATION

    A resolution of inquiry (ROI) is a simple resolution (as 
opposed to a joint resolution or concurrent resolution) that 
makes a nonbinding demand for the Executive Branch to provide 
the U.S. House of Representatives with specific information.\1\ 
Pursuant to clause 7 of rule XIII of the Rules of the House of 
Representatives, if the committee of referral does not report a 
properly drafted ROI back to the House within 14 legislative 
days of the ROI's introduction, then any Member may offer a 
non-debatable motion on the House Floor that such ROI be 
discharged from committee. By contrast, if an ROI is reported 
to the House within the 14-day window, then only a Member 
authorized by the committee may call up the resolution on the 
floor.
---------------------------------------------------------------------------
    \1\See generally Christopher M. Davis, Cong. Res. Serv., IN10661, 
Resolutions of Inquiry in the House (updated July 21, 2022) https://
www.crs.gov/Reports/IN10661 and Christopher M. Davis, Cong. Res. Serv., 
R40879, Resolutions of Inquiry: An Analysis of Their Use in the House, 
1947-2017 (updated Nov. 9, 2017), https://www.crs.gov/reports/pdf/
R40879--of which the above text is largely excerpts.
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                            COMMITTEE ACTION

    H. Res. 1378 was introduced on September 21, 2022, by 
Representative Paul A. Gosar (R-AZ). The resolution was 
referred solely to the Committee on Natural Resources. On 
November 16, 2022, the Natural Resources Committee met to 
consider the legislation. Chair Raul M. Grijalva (D-AZ) offered 
an amendment in the nature of a substitute, which was agreed to 
by voice vote. The resolution, as amended, was adopted and 
ordered reported unfavorably to the House of Representatives by 
a roll call vote of 22 yeas and 21 nays, as follows:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                HEARINGS

    Clause 3(c)(6) of House rule XIII requires designating a 
hearing as used to develop or consider certain bills and joint 
resolutions. The provision does not apply to simple 
resolutions.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    To the extent that clause 2(b)(1) of rule X and clause 
3(c)(1) of rule XIII of the Rules of the House of 
Representatives may apply, the Committee on Natural Resources' 
oversight findings and recommendations are reflected in the 
body of this report.

                  COMPLIANCE WITH HOUSE RULE XIII AND
                        CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
The Committee notes that the requirements of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974 do not 
apply to committee reports on simple resolutions.\2\ Clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974 also do not apply to simple resolutions.\3\ The 
Committee notes that clause 3(d) of rule XIII of the Rules of 
the House of Representatives as well does not apply to 
committee reports on simple resolutions.
---------------------------------------------------------------------------
    \2\See Congressional Budget and Impoundment Control Act of 1974, 
Pub. L. No. 93-344, Sec. 308(a), 88 Stat. 297, 313 (1974), https://
uscode.house.gov/statviewer.htm?volume=88&page=313 (codified as 2 
U.S.C. Sec. 639(a)) (statutory compilation through P.L. 116-94 at 
https://www.govinfo.gov/content/pkg/COMPS-10356/pdf/COMPS-10356.pdf) 
(explicitly limiting the subsection's various requirements to (1) ``a 
bill or joint resolution, or committee amendment thereto, providing new 
budget authority'', (2) a conference report, or (3) PAYGO legislation).
    \3\Compare Pub. L. No. 93-344, at Sec. 402 (codified as 2 U.S.C. 
Sec. 653) (limiting the section's requirements to ``each bill or 
resolution of a public character'' reported by a committee (emphasis 
added)), with, e.g., Jane A. Hudiburg, Cong. Res. Serv., R46603, Bills, 
Resolutions, Nominations, and Treaties: Characteristics and Examples of 
Use 4 (2020), https://www.crs.gov/reports/pdf/R46603 (noting that 
simple resolutions govern only ``the internal affairs of one chamber'' 
of congress and are not used for enacting public law).
---------------------------------------------------------------------------
    To the extent that any of the preceding requirements may 
nonetheless apply, the Committee notes that it has requested 
but not received a cost estimate for this legislation from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate any forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House agreement to the 
resolution. The Committee has requested but not received from 
the Director of the Congressional Budget Office a statement as 
to whether this legislation contains any new budget authority, 
spending authority, credit authority, or an increase or 
decrease in revenues or tax expenditures.
    2. General Performance Goals and Objectives. To the extent 
that clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives may apply, the general performance goals and 
objectives of this resolution are to express a nonbinding 
demand from the House to the Executive Branch for certain 
documents as described in the text of the resolution.

                           EARMARK STATEMENT

    Clause 9 of rule XXI of the Rules of the House of 
Representatives does not apply to reports on simple 
resolutions. However, the Committee finds that the legislation 
does not contain any Congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined under clause 
9(e), 9(f), and 9(g) of rule XXI.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    Section 423 of the Unfunded Mandates Reform Act does not 
apply to committee reports on simple resolutions. However, the 
Committee finds that the legislation contains no unfunded 
mandates as defined by the Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    Clause 3(c)(5) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. However, the Committee finds that the legislation 
does not establish or reauthorize a program of the federal 
government known to be duplicative of another program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    Section 102(b)(3) of the Congressional Accountability Act 
does not apply to committee reports on simple resolutions. In 
any event, the Committee finds that the legislation does not 
relate to the terms and conditions of employment or access to 
public services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    The Committee finds that the resolution, if agreed to by 
the House, would not have the force of law and therefore would 
have no preemptive effect over state, local, or tribal law.

                        CHANGES IN EXISTING LAW

    Clause 3(e) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. In any event, the Committee finds that this 
legislation, if agreed to by the House, would make no changes 
to existing law.

                            DISSENTING VIEWS

    H. Res. 1378 would direct the Secretary of Agriculture to 
transmit documents relating to the Resolution Copper mine in 
Arizona, including all records and communications that refer to 
the Resolution Copper mine.
    The Resolution Copper project is a proposed copper mine 
located near the town of Superior, Arizona, on lands within the 
Tonto National Forest. Once fully operational, Resolution 
Copper would be the largest copper mine in North America, 
capable of producing about 40 billion pounds of copper over 40 
years and meeting about 25 percent of domestic copper demand. 
According to the World Bank, we will need to mine as much 
copper in the next 25 years as we have in the last 5,000 years 
to meet global demand. For example, copper is essential to meet 
the demands of electric vehicle growth and wider 
electrification goals. Further, Resolution Copper is 
anticipated to support 1,500 direct jobs and 2,200 indirect 
jobs in the surrounding area. Additionally, Resolution Copper 
could generate as much as $61 billion to the Arizona economy 
over the decades-long life of the mine. The project has already 
received two billion dollars in investment and currently 
employs about 600 individuals, many of whom are tribal members.
    A land exchange to facilitate development of the mine was 
made law in 2014 as part of the Fiscal Year 2015 National 
Defense Authorization Act (NDAA), which provided for the 
exchange of 2,422 acres of U.S. Forest Service (USFS) land 
(known as the ``Oak Flat'' parcel). The execution of the land 
exchange was conditioned on the publication of a Final 
Environmental Impact Study (FEIS) by the Department of 
Agriculture, through the USFS.
    Public engagement on the Resolution Copper project has 
occurred almost continuously since 2011. Resolution Copper 
engaged in extensive and ongoing consultation with USFS, local 
tribes, non-governmental organizations, local elected 
officials, and other stakeholders, before and during the 
submission of the original mine plan of operations in 2013, 
through the legislative process authorizing the land exchange, 
and before and after the publication of the initial FEIS.
    A FEIS and draft Record of Decision (ROD) were issued by 
the Trump administration on January 15, 2021. However, on 
February 11, 2021, the Advisory Council on Historic 
Preservation (ACHP) terminated the Section 106 consultation 
process under the National Historic Preservation Act. This 
decision directly contradicted earlier acknowledgements that 
both the Tonto National Forest and Resolution Copper were in 
compliance with their requirements. As a result of ACHP's 
termination of the Section 106 consultation, on March 1, 2021, 
the Biden administration withdrew the Notice of Availability 
and rescinded the FEIS and draft ROD.
    This project has undergone years of environmental review 
and tribal consultation and should be allowed to go forward as 
intended. Further, the United States should encourage 
responsible domestic mining to reduce foreign dependencies and 
support our economy, not make domestic production more 
difficult. Given the importance of this project and the sudden 
withdrawal of the FEIS and ROD, it is critical to bring 
transparency to the Biden administration's decisions regarding 
this project.
    This resolution would simply provide Congress with 
information relevant to the Biden administration's decisions 
surrounding the Resolution Copper project and would help 
provide Congress information to understand the extensive 
analysis conducted in an effort to bring the project to 
completion.
    For these reasons, I oppose reporting H. Res. 1378 
unfavorably.

                                                   Bruce Westerman.

                                  [all]