National Strategic and Critical Minerals Production Act

I 116TH CONGRESS 1ST SESSION H. R. 2531 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 7, 2019 Mr. AMODEI (for himself, Mr. GOHMERT, Mr. JOHNSON of Ohio, Mr. YOUNG, Mr. WESTERMAN, Mr. HICE of Georgia, Mr. COOK, Mr. GOSAR, Mrs. RODGERS of Washington, Mr. LAMBORN, Mr. TIPTON, Mr. LAMALFA, Mr. MOONEY of West Virginia, Mr. STAUBER, Mr. STEWART, Mr. MCCLINTOCK, Mr. HAGEDORN, and Mr. GIANFORTE) 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 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2531 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Strategic and 2 Critical Minerals Production Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds that— 5 (1) the industrialization of developing nations 6 has driven demand for nonfuel minerals necessary 7 for telecommunications, military technologies, 8 healthcare technologies, and conventional and renew- 9 able energy technologies; 10 (2) the availability of minerals and mineral ma- 11 terials are essential for economic growth, national 12 security, technological innovation, and the manufac- 13 turing and agricultural supply chain; 14 (3) minerals and mineral materials are critical 15 components of every transportation, water, tele- 16 communications, and energy infrastructure project 17 necessary to modernize the crumbling infrastructure 18 of the United States; 19 (4) the exploration, production, processing, use, 20 and recycling of minerals contribute significantly to 21 the economic well-being, security, and general wel- 22 fare of the United States; and 23 (5) the United States has vast mineral re- 24 sources but is becoming increasingly dependent on 25 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2531 IH foreign sources of mineral resources, as dem- 1 onstrated by the fact that— 2 (A) 25 years ago, the United States was 3 dependent on foreign sources for 45 nonfuel 4 mineral materials, of which— 5 (i) 8 were imported by the United 6 States to fulfill 100 percent of the require- 7 ments of the United States for those 8 nonfuel mineral materials; and 9 (ii) 19 were imported by the United 10 States to fulfill greater than 50 percent of 11 the requirements of the United States for 12 those nonfuel mineral materials; 13 (B) by 2015 the import dependence of the 14 United States for nonfuel mineral materials in- 15 creased from dependence on the import of 45 16 nonfuel mineral materials to dependence on the 17 import of 47 nonfuel mineral materials, of 18 which— 19 (i) 19 were imported by the United 20 States to fulfill 100 percent of the require- 21 ments of the United States for those 22 nonfuel mineral materials; and 23 (ii) 22 were imported by the United 24 States to fulfill greater than 50 percent of 25 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2531 IH the requirements of the United States for 1 those nonfuel mineral materials; 2 (C) according to the Department of En- 3 ergy, the United States imports greater than 50 4 percent of the 41 metals and minerals key to 5 clean energy applications; 6 (D) the United States share of worldwide 7 mineral exploration dollars was 7 percent in 8 2015, down from 19 percent in the early 1990s; 9 (E) the 2014 Ranking of Countries for 10 Mining Investment, which ranks 25 major min- 11 ing countries, found that 7- to 10-year permit- 12 ting delays are the most significant risk to min- 13 ing projects in the United States; and 14 (F) in late 2016, the Government Account- 15 ability Office found that— 16 (i) ‘‘the Federal government’s ap- 17 proach to addressing critical materials sup- 18 ply issues has not been consistent with se- 19 lected key practices for interagency col- 20 laboration, such as ensuring that agencies’ 21 roles and responsibilities are clearly de- 22 fined’’; and 23 (ii) ‘‘the Federal critical materials ap- 24 proach faces other limitations, including 25 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2531 IH data limitations and a focus on only a sub- 1 set of critical materials, a limited focus on 2 domestic production of critical materials, 3 and limited engagement with industry’’. 4 SEC. 3. DEFINITIONS. 5 In this Act: 6 (1) AGENCY.—The term ‘‘agency’’ means— 7 (A) any agency, department, or other unit 8 of Federal, State, local, or tribal government; or 9 (B) an Alaska Native Corporation. 10 (2) ALASKA NATIVE CORPORATION.—The term 11 ‘‘Alaska Native Corporation’’ has the meaning given 12 the term ‘‘Native Corporation’’ in section 3 of the 13 Alaska Native Claims Settlement Act (43 U.S.C. 14 1602). 15 (3) LEAD AGENCY.—The term ‘‘lead agency’’ 16 means the agency with primary responsibility for 17 issuing a mineral exploration or mine permit for a 18 project. 19 (4) MINERAL EXPLORATION OR MINE PER- 20 MIT.—The term ‘‘mineral exploration or mine per- 21 mit’’ includes— 22 (A) an authorization of the Bureau of 23 Land Management or the Forest Service, as ap- 24 plicable, for premining activities that requires 25 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2531 IH an environmental impact statement or similar 1 analysis under the National Environmental Pol- 2 icy Act of 1969 (42 U.S.C. 4321 et seq.); 3 (B) a plan of operations issued by— 4 (i) the Bureau of Land Management 5 under subpart 3809 of part 3800 of title 6 43, Code of Federal Regulations (or suc- 7 cessor regulations); or 8 (ii) the Forest Service under subpart 9 A of part 228 of title 36, Code of Federal 10 Regulations (or successor regulations); and 11 (C) a permit issued under an authority de- 12 scribed in section 3503.13 of title 43, Code of 13 Federal Regulations (or successor regulations). 14 (5) PROJECT.—The term ‘‘project’’ means a 15 project for which the issuance of a permit is re- 16 quired to conduct activities for, relating to, or inci- 17 dental to mineral exploration, mining, beneficiation, 18 processing, or reclamation activities— 19 (A) on a mining claim, millsite claim, or 20 tunnel site claim for any locatable mineral; or 21 (B) in conjunction with any Federal min- 22 eral (other than coal and oil shale) that is 23 leased under— 24 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2531 IH (i) the Mineral Leasing Act for Ac- 1 quired Lands (30 U.S.C. 351 et seq.); or 2 (ii) section 402 of Reorganization 3 Plan Numbered 3 of 1946 (5 U.S.C. 4 App.). 5 SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND 6 CRITICAL MINERALS. 7 (a) DEFINITION OF STRATEGIC AND CRITICAL MIN- 8 ERALS.—In this section, the term ‘‘strategic and critical 9 minerals’’ means minerals that are necessary— 10 (1) for the national defense and national secu- 11 rity requirements; 12 (2) for the energy infrastructure of the United 13 States, including— 14 (A) pipelines; 15 (B) refining capacity; 16 (C) electrical power generation and trans- 17 mission; and 18 (D) renewable energy production; 19 (3) for community resiliency, coastal restora- 20 tion, and ecological sustainability for the coastal 21 United States; 22 (4) to support domestic manufacturing, agri- 23 culture, housing, telecommunications, healthcare, 24 and transportation infrastructure; or 25 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2531 IH (5) for the economic security of, and balance of 1 trade in, the United States. 2 (b) CONSIDERATION OF CERTAIN DOMESTIC MINES 3 AS INFRASTRUCTURE PROJECTS.—A domestic mine that, 4 as determined by the lead agency, will provide strategic 5 and critical minerals shall be considered to be an infra- 6 structure project, as described in Executive Order 13807. 7 SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY. 8 (a) IN GENERAL.—The lead agency shall appoint a 9 project lead within the lead agency, who shall coordinate 10 and consult with cooperating agencies and any other agen- 11 cies involved in the permitting process, project proponents, 12 and contractors to ensure that cooperating agencies and 13 other agencies involved in the permitting process, project 14 proponents, and contractors— 15 (1) minimize delays; 16 (2) set and adhere to timelines and schedules 17 for completion of the permitting process; 18 (3) set clear permitting goals; and 19 (4) track progress against those goals. 20 (b) DETERMINATION UNDER NEPA.— 21 (1) IN GENERAL.—To the extent that the Na- 22 tional Environmental Policy Act of 1969 (42 U.S.C. 23 4321 et seq.) applies to the issuance of any mineral 24 exploration or mine permit, the requirements of that 25 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2531 IH Act shall be considered to have been procedurally 1 and substantively satisfied if the lead agency deter- 2 mines that any State or Federal agency acting under 3 State or Federal law has addressed or will address 4 the following factors: 5 (A) The environmental impact of the ac- 6 tion to be conducted under the permit. 7 (B) Possible adverse environmental effects 8 of actions under the permit. 9 (C) Possible alternatives to issuance of the 10 permit. 11 (D) The relationship between long- and 12 short-term uses of the local environment and 13 the maintenance and enhancement of long-term 14 productivity. 15 (E) Any irreversible and irretrievable com- 16 mitment of resources that would be involved in 17 the proposed action. 18 (F) That public participation will occur 19 during the decision-making process for author- 20 izing actions under the permit. 21 (2) WRITTEN REQUIREMENT.—In making a de- 22 termination under paragraph (1), not later than 90 23 days after receipt of an application for the permit, 24 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2531 IH the lead agency, in a written record of decision, 1 shall— 2 (A) explain the rationale used in reaching 3 the determination; 4 (B) state the facts in the record that are 5 the basis for the determination; and 6 (C) show that the facts in the record could 7 allow a reasonable person to reach the same de- 8 termination as the lead agency did. 9 (c) COORDINATION ON PERMITTING PROCESS.— 10 (1) IN GENERAL.—The lead agency shall en- 11 hance government coordination for the permitting 12 process by— 13 (A) avoiding duplicative reviews; 14 (B) minimizing paperwork; and 15 (C) engaging other agencies and stake- 16 holders early in the process. 17 (2) CONSIDERATIONS.—In carrying out para- 18 graph (1), the lead agency shall consider— 19 (A) deferring to, and relying on, baseline 20 data, analyses, and reviews performed by State 21 agencies with jurisdiction over the proposed 22 project; and 23 (B) to the maximum extent practicable, 24 conducting any consultations or reviews concur- 25 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 2531 IH rently rather than sequentially if the concurrent 1 consultation or review would expedite the proc- 2 ess. 3 (3) MEMORANDUM OF AGENCY AGREEMENT.— 4 If requested at any time by a State or local planning 5 agency, the lead agency, in consultation with other 6 Federal agencies with relevant jurisdiction in the en- 7 vironmental review process, may establish memo- 8 randa of agreement with the project sponsor, State 9 and local governments, and other appropriate enti- 10 ties to accomplish the coordination activities de- 11 scribed in this subsection. 12 (d) SCHEDULE FOR PERMITTING PROCESS.— 13 (1) IN GENERAL.—For any project for which 14 the lead agency cannot make the determination de- 15 scribed subsection (b), at the request of a project 16 proponent, the lead agency, cooperating agencies, 17 and any other agencies involved with the mineral ex- 18 ploration or mine permitting process shall enter into 19 an agreement with the project proponent that sets 20 time limits for each part of the permitting process, 21 including— 22 (A) the decision on whether to prepare an 23 environmental impact statement or similar anal- 24 VerDate Sep 11 2014 00:32 May 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2531.IH H2531 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 2531 IH ysis required under the National Environmental 1 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 2 (B) a determination of the scope of any en- 3 vironmental impact statement or similar anal- 4 ysis required under the National Environmental 5 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 6 (C) the scope of, and schedule for, the 7 baseline studies required to prepare an environ- 8 mental impact statement or similar analysis re- 9 quired under the National Environmental Pol- 10 icy Act of 1969 (42 U.S.C. 4321 et seq.); 11 (D) preparation of any draft environmental 12 impact statement or similar analysis required 13 under the National Environmental Policy Act of 14 1969 (42 U.S.C. 4321 et seq.); 15 (E) preparation of a final environmental 16 impact statement or similar analysis required 17 under the National Environmental Policy Act of 18 1969 (42 U.S.C. 4321 et seq.); 19 (F) any consultations required under appli- 20 cable law; 21 (G) submission and review of any com- 22 ments required under applicable law; 23 (H) publication of any public notices re- 24 quired under [Text truncated for display. Full text available on Congress.gov.]