59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–301 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1937) 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 

OCTOBER 20, 2015.—Referred to the House Calendar and ordered to be printed 

Mr. NEWHOUSE, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 481] 

The Committee on Rules, having had under consideration House 

Resolution 481, by a nonrecord vote, 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. 1937, the National Strategic and Critical Minerals Production Act of 2015, 

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 provides that the bill shall be considered as read. 

The resolution waives all points of order against provisions in the 

bill. The resolution makes in order only those 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. 


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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 provisions in 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 

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. 114 

Motion by Ms. Slaughter to report an open rule. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ ................... Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... ................... Mr. Polis ........................................................... ...................

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... ...................

Mr. Sessions, Chairman ................................... Nay 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Lowenthal (CA): Replaces the bills definition of ‘‘strategic and 

critical minerals’’ with the accepted definition from the National 

Research Council. (10 minutes) 

2. Dingell (MI): Ensures that mining permits are fully reviewed 

under the National Environmental Policy Act. (10 minutes) 

3. Cartwright (PA): Strikes sections of the bill that would limit 

judicial review of agency actions and prevent the awarding of attorney’s fees under the Equal Access to Justice Act. (10 minutes) 

4. Pearce (NM): Clarifies that the bill does not affect Secretarial 

Order 3324, issued by the Department of the Interior. (10 minutes) 

5. Hastings, Alcee (FL): Requires demonstration for proposed 

projects that domestic capacity to produce strategic and critical 

minerals is less that 80 percent of domestic requirements and requires publication of intent to transport or sell strategic and critical mineral intermediate and final products outside of the United 

States unless the domestic capacity exceeds 80 percent. (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 1 through 15 and insert the following: 


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(1) STRATEGIC AND CRITICAL MINERALS.—The term ‘‘strategic 

and critical minerals’’— 

(A) except as provided in subparagraph (B), means— 

(i) minerals and mineral groups identified as critical 

by the National Research Council in the report titled 

‘‘Minerals, Critical Minerals, and the U.S Economy’’ 

and 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) does not include sand, gravel, or clay. 

Page 5, line 25, after ‘‘ties’’ insert ‘‘for strategic and critical minerals’’. 

Page 6, line 3, after ‘‘operation’’ insert ‘‘for strategic and critical 

mineral mines’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DINGELL

OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning at page 7, strike line 5 and all that follows through 

page 8, line 18, and insert the following: 

(b) TREATMENT OF PERMITS UNDER NEPA.—Issuance of a mineral exploration or mine permit shall be treated as a major Federal 

action significantly affecting the quality of the human environment 

for purposes of the National Environmental Policy Act of 1969 (42 

U.S.C. 4331 et seq.). 

Beginning at page 9, strike line 19 and all that follows through 

page 12, line 21. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CART- WRIGHT OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Beginning at page 14, line 1, strike title II. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PEARCE OF

NEW MEXICO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike title III (page 15, beginning at line 15) and insert the following: 

TITLE III—MISCELLANEOUS 

PROVISIONS 

SEC. 301. SECRETARIAL ORDER NOT AFFECTED. 

This Act shall not apply to any mineral described in Secretarial 

Order 3324, issued by the Secretary of the Interior on December 

3, 2012, in any area to which the Order applies. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 


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TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. LIMITATION ON APPLICATION. 

This Act shall not apply with respect to a proposed strategic and 

critical minerals mining project unless the project proponent demonstrates that the combined capacity of existing mining operations 

in the United States producing the same mineral product that will 

be produced by the project, whether currently in operation or not, 

but not including mining operations for which a reclamation plan 

is being implemented or has been fully implemented, is less than 

80 percent of the demand for that mineral product in the United 

States. 

SEC. l02. PUBLICATION OF NOTICE REGARDING TRANSPORTATION 

AND SALE OUTSIDE THE UNITED STATES. 

If any intermediate or final mineral product produced by a strategic and critical minerals mining project is to be transported or 

sold outside the United States, and the project proponent cannot 

demonstrate that the annual production of such product in the 

United States exceeds 80 percent of the demand for that product 

in the United States, the project proponent shall publish at least 

once prior notice of their intent to make such transport or sale in 

national newspapers or trade publications, by electronic means, or 

both, and on any Internet site that is maintained by the project 

proponent. 

Æ 


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