Federal

Permitting for Mining Needs Act of 2023

Source: Congress.gov · 2,866 words in original text

What This Bill Does

This bill changes the federal process for getting permits to explore for and mine minerals on federal land. It shortens timelines for environmental reviews and gives mining projects faster approval pathways. The bill also expands mineral mining to include more types of activities on federal property. ##

Who It Affects

Mining companies and project applicants seeking federal permits. The U.S. Department of Interior and Forest Service (federal agencies that approve mining permits). State governments, local governments and Indian Tribes involved in mining decisions. Companies in mining, beneficiation (processing raw minerals into usable form) and value-added processing industries. ##

Key Provisions

• Federal agencies must complete environmental assessments within 12 months and environmental impact statements within 24 months for mining projects, unless the applicant agrees to extend the deadline by up to 6 months (Sec. 3) • Mining agencies can adopt environmental documents prepared by or for mining companies if those documents meet federal requirements (Sec. 3) • Mineral exploration activities that disturb 5 acres or less must be allowed to proceed within 15 days if the applicant provides financial assurance and the agency confirms the notice is complete (Sec. 7) • Mining claims give owners the right to use federal land for mining operations, including building roads, pipelines and other necessary infrastructure even without finding valuable minerals (Sec. 8) • Lawsuits challenging mining permits must be filed within 120 days after the permit becomes final (Sec. 10) ##

What Changes

Environmental reviews for mining projects will have strict deadlines instead of open-ended timelines. Mining companies can now submit their own environmental studies for federal agencies to use. Small exploration projects (5 acres or less) get automatic approval after 15 days if requirements are met. Mining claim holders gain explicit rights to build infrastructure on federal land. Courts will dismiss mining permit challenges filed after 120 days. Uranium will be considered alongside other minerals in federal planning. Mining production is now classified as a covered sector under federal permitting improvement rules. ##

Important Definitions

Byproduct: Not specified in bill text Indian Tribe: Has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act Mineral: Any mineral that can be claimed under the law of May 10, 1872, including minerals on lands acquired by the United States Secretary: The Secretary of the Interior, unless otherwise stated State: Includes all U.S. states, the District of Columbia, Puerto Rico, Guam, American Samoa, Northern Mariana Islands and the U.S. Virgin Islands Mineral exploration or mine permit: Authorization from the Bureau of Land Management or Forest Service for mineral exploration requiring environmental analysis, a plan of operations for a mineral project, or any other federal permit for mineral projects Lead agency: The federal agency with primary responsibility for issuing a mining permit or lease ##

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 209 To improve the permitting process for mining on Federal land, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. STAUBER (for himself, Mr. NEWHOUSE, Mr. CRENSHAW, Mrs. BOEBERT, Mr. GRAVES of Louisiana, Mr. CALVERT, Mr. FINSTAD, Mr. OWENS, Mr. MCCLINTOCK, Mrs. FISCHBACH, Mr. STEWART, Ms. TENNEY, Mr. OBERNOLTE, Mr. BENTZ, Mr. RESCHENTHALER, Mr. FULCHER, and Mr. EMMER) introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committee on Agri- culture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To improve the permitting process for mining on Federal land, 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 ‘‘Permitting for Mining 4 Needs Act of 2023’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 209 IH (1) BYPRODUCT.—The term ‘‘byproduct’’ has 1 the meaning given such term in section 7002(a) of 2 the Energy Act of 2020 (30 U.S.C. 1606(a)). 3 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 4 has the meaning given such term in section 4 of the 5 Indian Self-Determination and Education Assistance 6 Act (25 U.S.C. 5304). 7 (3) MINERAL.—The term ‘‘mineral’’ means any 8 mineral of a kind that is locatable (including, but 9 not limited to, such minerals located on ‘‘lands ac- 10 quired by the United States’’, as such term is de- 11 fined in section 2 of the Mineral Leasing Act for Ac- 12 quired Lands) under the Act of May 10, 1872 13 (Chapter 152; 17 Stat. 91). 14 (4) SECRETARY.—Except as otherwise provided, 15 the term ‘‘Secretary’’ means the Secretary of the In- 16 terior. 17 (5) STATE.—The term ‘‘State’’ means— 18 (A) a State; 19 (B) the District of Columbia; 20 (C) the Commonwealth of Puerto Rico; 21 (D) Guam; 22 (E) American Samoa; 23 (F) the Commonwealth of the Northern 24 Mariana Islands; and 25 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 209 IH (G) the United States Virgin Islands. 1 SEC. 3. MINERALS SUPPLY CHAIN AND RELIABILITY. 2 Section 40206 of the Infrastructure Investment and 3 Jobs Act (30 U.S.C. 1607) is amended— 4 (1) in the section heading, by striking ‘‘CRIT- 5 ICAL MINERALS’’ and inserting ‘‘MINERALS’’; 6 (2) by amending subsection (a) to read as fol- 7 lows: 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) LEAD AGENCY.—The term ‘lead agency’ 10 means the Federal agency with primary responsi- 11 bility for issuing a mineral exploration or mine per- 12 mit or lease for a mineral project. 13 ‘‘(2) MINERAL.—The term ‘mineral’ has the 14 meaning given such term in section 2 of the Permit- 15 ting for Mining Needs Act of 2023. 16 ‘‘(3) MINERAL EXPLORATION OR MINE PER- 17 MIT.—The term ‘mineral exploration or mine permit’ 18 means— 19 ‘‘(A) an authorization of the Bureau of 20 Land Management or the Forest Service, as ap- 21 plicable, for exploration for minerals that re- 22 quires analysis under the National Environ- 23 mental Policy Act of 1969; 24 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 209 IH ‘‘(B) a plan of operations for a mineral 1 project approved by the Bureau of Land Man- 2 agement or the Forest Service; or 3 ‘‘(C) any other Federal permit or author- 4 ization for a mineral project. 5 ‘‘(4) MINERAL PROJECT.—The term ‘mineral 6 project’ means a project— 7 ‘‘(A) located on— 8 ‘‘(i) a mining claim, millsite claim, or 9 tunnel site claim for any mineral; 10 ‘‘(ii) lands open to mineral entry; or 11 ‘‘(iii) a Federal mineral lease; and 12 ‘‘(B) for the purposes of exploring for or 13 producing minerals.’’; 14 (3) in subsection (b), by striking ‘‘critical’’ each 15 place such term appears; 16 (4) in subsection (c)— 17 (A) by striking ‘‘critical mineral production 18 on Federal land’’ and inserting ‘‘mineral 19 projects’’; 20 (B) by inserting ‘‘, and in accordance with 21 subsection (h)’’ after ‘‘to the maximum extent 22 practicable’’; 23 (C) by striking ‘‘shall complete the’’ and 24 inserting ‘‘shall complete such’’; 25 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 209 IH (D) in paragraph (1), by striking ‘‘critical 1 mineral-related activities on Federal land’’ and 2 inserting ‘‘mineral projects’’; 3 (E) in paragraph (8), by striking the 4 ‘‘and’’ at the end; 5 (F) in paragraph (9), by striking ‘‘proce- 6 dures.’’ and inserting ‘‘procedures; and’’; and 7 (G) by adding at the end the following: 8 ‘‘(10) deferring to and relying on baseline data, 9 analyses, and reviews performed by State agencies 10 with jurisdiction over the environmental or reclama- 11 tion permits for the proposed mineral project.’’; 12 (5) in subsection (d)— 13 (A) by striking ‘‘critical’’ each place such 14 term appears; and 15 (B) in paragraph (3), by striking ‘‘mineral- 16 related activities on Federal land’’ and inserting 17 ‘‘mineral projects’’; 18 (6) in subsection (e), by striking ‘‘critical’’; 19 (7) in subsection (f), by striking ‘‘critical’’ each 20 place such term appears; 21 (8) in subsection (g), by striking ‘‘critical’’ each 22 place such term appears; and 23 (9) by adding at the end the following: 24 ‘‘(h) OTHER REQUIREMENTS.— 25 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 209 IH ‘‘(1) MEMORANDUM OF AGREEMENT.—For pur- 1 poses of maximizing efficiency and effectiveness of 2 the Federal permitting and review processes de- 3 scribed under subsection (c), the lead agency in the 4 Federal permitting and review processes of a min- 5 eral project shall (in consultation with any other 6 Federal agency involved in such Federal permitting 7 and review processes, and upon request of the 8 project applicant, an affected State government, 9 local government, or an Indian Tribe, or other entity 10 such lead agency determines appropriate) enter into 11 a memorandum of agreement with a project appli- 12 cant where requested by applicant to carry out the 13 activities described in subsection (c). 14 ‘‘(2) TIMELINES AND SCHEDULES FOR NEPA 15 REVIEWS.— 16 ‘‘(A) DEADLINES.—Any timelines or 17 schedules established under subsection (c)(1) 18 relating to a review under section 102(2)(C) of 19 the National Environmental Policy Act of 1969 20 shall require that the review process not ex- 21 ceed— 22 ‘‘(i) 12 months for an environmental 23 assessment; and 24 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 209 IH ‘‘(ii) 24 months for an environmental 1 impact statement. 2 ‘‘(B) EXTENSION.—A project applicant 3 may enter into 1 or more agreements with a 4 lead agency to extend the deadlines described in 5 clauses (i) and (ii) of subparagraph (A) by, 6 with respect to each such agreement, not more 7 than 6 months. 8 ‘‘(C) ADJUSTMENT OF TIMELINES.—At the 9 request of a project applicant, the lead agency 10 and any other entity which is a signatory to a 11 memorandum of agreement under paragraph 12 (1) may, by unanimous agreement, adjust— 13 ‘‘(i) any deadlines described in sub- 14 paragraph (A); and 15 ‘‘(ii) any deadlines extended under 16 subparagraph (B). 17 ‘‘(3) DOCUMENT PREPARED BY PROJECT APPLI- 18 CANT.—The lead agency with respect to a mineral 19 project may adopt an environmental impact state- 20 ment or environmental assessment prepared by or 21 for a project applicant with respect to such project 22 if such document fulfills the requirements of section 23 102(2)(C) of the National Environmental Policy Act 24 of 1969. 25 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 209 IH ‘‘(4) EFFECT ON PENDING APPLICATIONS.— 1 Upon a written request by a project applicant, the 2 requirements of this subsection shall apply to any 3 application for a mineral exploration or mine permit 4 or mineral lease that was submitted before the date 5 of the enactment of the Permitting for Mining 6 Needs Act of 2023.’’. 7 SEC. 4. FEDERAL REGISTER PROCESS IMPROVEMENT. 8 Section 7002(f) of the Energy Act of 2020 (30 9 U.S.C. 1606(f)) is amended— 10 (1) in paragraph (2), by striking ‘‘critical’’ both 11 places such term appears; and 12 (2) by striking paragraph (4). 13 SEC. 5. DESIGNATION OF MINING AS A COVERED SECTOR 14 FOR FEDERAL PERMITTING IMPROVEMENT 15 PURPOSES. 16 Section 41001(6)(A) of the FAST Act (42 U.S.C. 17 4370m(6)(A)) is amended by inserting ‘‘minerals produc- 18 tion,’’ before ‘‘or any other sector’’. 19 SEC. 6. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 20 DETERMINATION 2022–11 FOR FEDERAL PER- 21 MITTING IMPROVEMENT PURPOSES. 22 (a) IN GENERAL.—Except as provided by subsection 23 (c), an action described in subsection (b) shall be— 24 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 209 IH (1) treated as a covered project, as defined in 1 section 41001(6) of the Fixing America’s Surface 2 Transportation Act (42 U.S.C. 4370m(6)), without 3 regard to the requirements of that section; and 4 (2) included in the Permitting Dashboard main- 5 tained pursuant to section 41003(b) of that Act (42 6 13 U.S.C. 4370m–2(b)). 7 (b) ACTIONS DESCRIBED.—An action described in 8 this subsection is an action taken by the Secretary of De- 9 fense pursuant to Presidential Determination 2022–11 10 (87 Fed. Reg. 19775; relating to certain actions under 11 section 303 of the Defense Production Act of 1950) to 12 create, maintain, protect, expand, or restore sustainable 13 and responsible domestic production capabilities 14 through— 15 (1) supporting feasibility studies for mature 16 mining, beneficiation, and value-added processing 17 projects; 18 (2) byproduct and co-product production at ex- 19 isting mining, mine waste reclamation, and other in- 20 dustrial facilities; 21 (3) modernization of mining, beneficiation, and 22 value-added processing to increase productivity, envi- 23 ronmental sustainability, and workforce safety; or 24 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 209 IH (4) any other activity authorized under section 1 303(a)(1) of the Defense Production Act of 1950 15 2 (50 U.S.C. 4533(a)(1)). 3 (c) EXCEPTION.—An action described in subsection 4 (b) may not be treated as a covered project or be included 5 in the Permitting Dashboard under subsection (a) if the 6 project sponsor (as defined in section 41001(18) of the 7 Fixing America’s Surface Transportation Act (42 U.S.C. 8 4370m(18))) requests that the action not be treated as 9 a covered project. 10 SEC. 7. MINERAL EXPLORATION ACTIVITIES WITH LIMITED 11 SURFACE DISTURBANCE. 12 Notwithstanding any other provision of law, not later 13 than 15 calendar days after receiving a notice in such 14 time, place, and manner as the applicable Secretary deter- 15 mines appropriate describing the exploration activities and 16 subsequent reclamation activities, the Secretary of the In- 17 terior with respect to lands administered by the Secretary, 18 and the Secretary of Agriculture with respect to National 19 Forest System lands, shall— 20 (1) review and determine completeness of the 21 notice; and 22 (2) allow mineral exploration activities other 23 than casual use to proceed if— 24 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 209 IH (A) the surface disturbance on Federal 1 land will not exceed 5 acres; 2 (B) the Secretary determines that the no- 3 tice is complete; and 4 (C) financial assurance is provided. 5 SEC. 8. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI- 6 TIES. 7 Section 10101 of the Omnibus Budget Reconciliation 8 Act of 1993 (30 U.S.C. 28f) is amended by adding at the 9 end the following: 10 ‘‘(e) SECURITY OF TENURE.— 11 ‘‘(1) IN GENERAL.— 12 ‘‘(A) IN GENERAL.—A claimant shall have 13 the right to use, occupy, and conduct operations 14 on public land, with or without the discovery of 15 a valuable mineral deposit, if— 16 ‘‘(i) such claimant makes a timely 17 payment of the location fee required by 18 section 10102 and the claim maintenance 19 fee required by subsection (a); or 20 ‘‘(ii) in the case of a claimant who 21 qualifies for a waiver under subsection (d), 22 such claimant makes a timely payment of 23 the location fee and complies with the re- 24 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 209 IH quired assessment work under the general 1 mining laws. 2 ‘‘(B) OPERATIONS DEFINED.—For the 3 purposes of this paragraph, the term ‘oper- 4 ations’ means— 5 ‘‘(i) any activity or work carried out 6 in connection with prospecting, exploration, 7 processing, discovery and assessment, de- 8 velopment, or extraction with respect to a 9 locatable mineral; 10 ‘‘(ii) the reclamation of an area dis- 11 turbed by an activity described in subpara- 12 graph (A); and 13 ‘‘(iii) any activity reasonably incident 14 to an activity described in subparagraphs 15 (A) or (B), whether on a mining claim or 16 not, including the construction and mainte- 17 nance of facilities, roads, transmission 18 lines, pipelines, and any other necessary 19 infrastructure or means of access on public 20 land. 21 ‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY 22 AND MANAGEMENT ACT.—A claimant that fulfills 23 the requirements of this section and section 10102 24 shall be deemed to satisfy the requirements of any 25 VerDate Sep 11 2014 04:40 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 209 IH provision of the Federal Land Policy and Manage- 1 ment Act that requires the payment of fair market 2 value to the United States for use of public lands 3 and resources relating to use of such lands and re- 4 sou [Text truncated for display. Full text available on Congress.gov.]

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