National Strategic and Critical Minerals Production Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3240 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 the economic and na- tional security and manufacturing competitiveness of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 14, 2021 Mr. AMODEI (for himself, Mr. WESTERMAN, Mr. YOUNG, Mr. LAMALFA, Mr. FULCHER, Mr. RESCHENTHALER, and Mrs. LESKO) introduced the fol- lowing bill; which was referred to the Committee on Natural Resources A BILL 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 the economic and national security and manufacturing competitiveness of the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Strategic and 4 Critical Minerals Production Act of 2021’’. 5 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3240 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The industrialization of developing nations 3 has driven demand for nonfuel minerals necessary 4 for telecommunications, military technologies, 5 healthcare technologies, and conventional and renew- 6 able energy technologies. 7 (2) The availability of minerals and mineral 8 materials are essential for economic growth, national 9 security, technological innovation, and the manufac- 10 turing and agricultural supply chain. 11 (3) Minerals and mineral materials are critical 12 components of every transportation, water, tele- 13 communications, and energy infrastructure project 14 necessary to modernize the crumbling infrastructure 15 of the United States. 16 (4) The exploration, production, processing, 17 use, and recycling of minerals contribute signifi- 18 cantly to the economic well-being, security, and gen- 19 eral welfare of the United States. 20 (5) Constraints on mineral supply chains are 21 expected to grow globally due to increased demand, 22 leading to higher costs of raw materials necessary 23 for innovative technologies to combat climate 24 change. 25 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3240 IH (6) China currently controls the majority of 1 worldwide production of certain minerals, includ- 2 ing— 3 (A) rare earth minerals; 4 (B) graphite and graphene; 5 (C) lithium; and 6 (D) vanadium. 7 (7) Domestic mineral production must grow to 8 allow the United States to fulfill its national secu- 9 rity, healthcare, infrastructure, energy, manufac- 10 turing, agricultural, and environmental needs. 11 (8) In order to ensure the United States re- 12 mains economically competitive, domestic production 13 of minerals and mineral materials must be 14 prioritized and bolstered through reducing existing 15 constraints on mineral access. 16 (9) As of 2020, the United States is entirely 17 import dependent for 17 key mineral resources, and 18 more than 50 percent import dependent for an addi- 19 tional 29 mineral commodities. United States min- 20 eral import reliance has nearly doubled over the past 21 20 years. 22 (10) The United States permitting process— 23 which takes on average 7 to 10 years or more—is 24 one of the principal barriers to the domestic mining 25 VerDate Sep 11 2014 21:35 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3240 IH sector’s ability to ensure robust mineral supply 1 chains and creates a competitive disadvantage in at- 2 tracting investment for mineral development. 3 SEC. 3. DEFINITIONS. 4 In this Act: 5 (1) AGENCY.—The term ‘‘agency’’ means— 6 (A) any agency, department, or other unit 7 of Federal, State, local, or tribal government; or 8 (B) an Alaska Native Corporation. 9 (2) ALASKA NATIVE CORPORATION.—The term 10 ‘‘Alaska Native Corporation’’ has the meaning given 11 the term ‘‘Native Corporation’’ in section 3 of the 12 Alaska Native Claims Settlement Act (43 U.S.C. 13 1602). 14 (3) LEAD AGENCY.—The term ‘‘lead agency’’ 15 means the agency with primary responsibility for 16 issuing a mineral exploration or mine permit for a 17 project. 18 (4) MINERAL EXPLORATION OR MINE PER- 19 MIT.—The term ‘‘mineral exploration or mine per- 20 mit’’ includes— 21 (A) an authorization of the Bureau of 22 Land Management or the Forest Service, as ap- 23 plicable, for premining activities that requires 24 an environmental impact statement or similar 25 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3240 IH analysis under the National Environmental Pol- 1 icy Act of 1969 (42 U.S.C. 4321 et seq.); 2 (B) a plan of operations issued by— 3 (i) the Bureau of Land Management 4 under subpart 3809 of part 3800 of title 5 43, Code of Federal Regulations (or suc- 6 cessor regulations); or 7 (ii) the Forest Service under subpart 8 A of part 228 of title 36, Code of Federal 9 Regulations (or successor regulations); and 10 (C) a permit issued under an authority de- 11 scribed in section 3503.13 of title 43, Code of 12 Federal Regulations (or successor regulations). 13 (5) PROJECT.—The term ‘‘project’’ means a 14 project for which the issuance of a permit is re- 15 quired to conduct activities for, relating to, or inci- 16 dental to mineral exploration, mining, beneficiation, 17 processing, or reclamation activities— 18 (A) on a mining claim, millsite claim, or 19 tunnel site claim for any locatable mineral; or 20 (B) relating to a Federal mineral lease 21 leased under— 22 (i) the Mineral Leasing Act for Ac- 23 quired Lands (30 U.S.C. 351 et seq.); or 24 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3240 IH (ii) section 402 of Reorganization 1 Plan Numbered 3 of 1946 (5 U.S.C. 2 App.). 3 SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND 4 CRITICAL MINERALS. 5 (a) DEFINITION OF STRATEGIC AND CRITICAL MIN- 6 ERALS.—In this section, the term ‘‘strategic and critical 7 minerals’’ means minerals that are necessary— 8 (1) for the national defense and national secu- 9 rity requirements; 10 (2) for the energy infrastructure of the United 11 States, including— 12 (A) pipelines; 13 (B) refining capacity; 14 (C) electrical power generation and trans- 15 mission; and 16 (D) renewable energy production; 17 (3) for community resiliency, coastal restora- 18 tion, and ecological sustainability for the coastal 19 United States; 20 (4) to support domestic manufacturing, agri- 21 culture, housing, telecommunications, healthcare, 22 and transportation infrastructure; or 23 (5) for the economic security of, and balance of 24 trade in, the United States. 25 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3240 IH (b) CONSIDERATION OF CERTAIN DOMESTIC MINES 1 AS INFRASTRUCTURE PROJECTS.—A domestic mine that, 2 as determined by the lead agency, will provide strategic 3 and critical minerals shall be considered to be an infra- 4 structure project for the purposes of Executive Order 5 13807 (42 U.S.C. 4370m note, relating to Establishing 6 Discipline and Accountability in the Environmental Re- 7 view and Permitting Process for Infrastructure Projects). 8 SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY. 9 (a) IN GENERAL.—The lead agency shall appoint a 10 project lead within the lead agency, who shall coordinate 11 and consult with cooperating agencies and any other agen- 12 cies involved in the permitting process, project proponents, 13 and contractors to ensure that cooperating agencies and 14 other agencies involved in the permitting process, project 15 proponents, and contractors— 16 (1) minimize delays; 17 (2) set and adhere to timelines and schedules 18 for completion of the permitting process; 19 (3) set clear permitting goals; and 20 (4) track progress against those goals. 21 (b) DETERMINATION UNDER THE NATIONAL ENVI- 22 RONMENTAL POLICY ACT OF 1969.— 23 (1) IN GENERAL.—To the extent that section 24 102(2)(C) of the National Environmental Policy Act 25 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3240 IH of 1969 (42 U.S.C. 4332(2)(C)) applies to the 1 issuance of any mineral exploration or mine permit, 2 the requirements of such section shall be deemed 3 satisfied if the lead agency determines that a State 4 or Federal agency acting under State or Federal law 5 has addressed or will address the following factors: 6 (A) The environmental impact of the ac- 7 tion to be conducted under the permit. 8 (B) Possible adverse environmental effects 9 of actions under the permit. 10 (C) Possible alternatives to issuance of the 11 permit. 12 (D) The relationship between long- and 13 short-term uses of the local environment and 14 the maintenance and enhancement of long-term 15 productivity. 16 (E) Any irreversible and irretrievable com- 17 mitment of resources that would be involved in 18 the proposed action. 19 (F) The ability of the public to participate 20 during the decision-making process for author- 21 izing actions under the permit. 22 (2) WRITTEN REQUIREMENT.—In making a de- 23 termination under paragraph (1), not later than 90 24 days after receipt of an application for the permit, 25 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3240 IH the lead agency, in a written record of decision, 1 shall— 2 (A) explain the rationale used in reaching 3 the determination; and 4 (B) state the facts in the record that are 5 the basis for the determination. 6 (c) COORDINATION ON PERMITTING PROCESS.— 7 (1) IN GENERAL.—The lead agency shall en- 8 hance government coordination for the permitting 9 process by— 10 (A) avoiding duplicative reviews; 11 (B) minimizing paperwork; and 12 (C) engaging other agencies and stake- 13 holders early in the process. 14 (2) CONSIDERATIONS.—In carrying out para- 15 graph (1), the lead agency shall consider— 16 (A) deferring to, and relying on, baseline 17 data, analyses, and reviews performed by State 18 agencies with jurisdiction over the proposed 19 project; and 20 (B) to the maximum extent practicable, 21 conducting any consultations or reviews concur- 22 rently rather than sequentially if concurrent 23 consultation or review would expedite the proc- 24 ess. 25 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3240 IH (3) MEMORANDUM OF AGENCY AGREEMENT.— 1 At the request of a State or local planning agency, 2 the lead agency, in consultation with other Federal 3 agencies with relevant jurisdiction in the environ- 4 mental review process, may establish memoranda of 5 agreement with the project sponsor, State and local 6 governments, and other appropriate entities to ac- 7 complish the coordination activities described in this 8 subsection. 9 (d) SCHEDULE FOR PERMITTING PROCESS.— 10 (1) IN GENERAL.—For any project for which 11 the requirements of section 102(2)(C) of the Na- 12 tional Environmental Policy Act of 1969 (42 U.S.C. 13 4332(2)(C)) are not deemed satisfied by the lead 14 agency under subsection (b), at the request of a 15 project proponent, the lead agency, cooperating 16 agencies, and any other agencies involved with the 17 mineral exploration or mine permitting process shall 18 enter into an agreement with the project proponent 19 that sets time limits for each part of the permitting 20 process, including— 21 (A) the decision on whether to prepare an 22 environmental impact statement or similar anal- 23 ysis required under section 102(2)(C) of the 24 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3240 IH National Environmental Policy Act of 1969 (42 1 U.S.C. 4332(2)(C)); 2 (B) a determination of the scope of any en- 3 vironmental impact statement or similar anal- 4 ysis required under such section; 5 (C) the scope of, and schedule for, the 6 baseline studies required to prepare an environ- 7 mental impact statement or similar analysis re- 8 quired under such section; 9 (D) preparation of any draft environmental 10 impact statement or similar analysis required 11 under such section; 12 (E) preparation of a final environmental 13 impact statement or similar analysis required 14 under such section; 15 (F) any consultations required under appli- 16 cable law; 17 (G) submission and review of any com- 18 ments required under applicable law; 19 (H) publication of any public notices re- 20 quired under applicable law; and 21 (I) any final or interim decisions relating 22 to such project. 23 (2) TIME LIMIT FOR PERMITTING PROCESS.— 24 Except if extended by mutual agreement of the 25 VerDate Sep 11 2014 00:04 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3240.IH H3240 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3240 IH project proponent and the lead agency, the time pe- 1 riod for the total review process described in para- 2 graph (1) may not exceed 30 months. 3 (e) LIMITATION ON ADDRESSING PUBLIC COM- 4 MENTS.—The lead agency is not required to address any 5 agency or public comments that were not submitted— 6 (1) during a public comment period or consulta- 7 tion period provided during the permitting process; 8 or 9 (2) as otherwise required by law. 10 (f) FINANCIAL ASSURANCE.—Notwithstanding any 11 other provision of law, the lead agency shall determine the 12 amount of financial assurance required for reclamation of 13 a mineral exploration or mining site. Such amount shall 14 be sufficient to cover the estimated cost of contracting 15 with a third party to reclaim the operations according to 16 the reclamation plan, including construction and mainte- 17 nance costs for any treatment facilities necessary to meet 18 Federal, State, and Tribal environmental standards. 19 (g) PROJECTS WITHIN NATIONAL FORESTS.—With 20 respect to proje [Text truncated for display. Full text available on Congress.gov.]