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[House Report 113-147]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-147

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 761) 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

                                _______
                                

July 9, 2013.--Referred to the House Calendar and ordered to be printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 292]

    The Committee on Rules, having had under consideration 
House Resolution 292, by a vote of 9 to 4, 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. 761, the 
National Strategic and Critical Minerals Production Act of 
2013, 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 makes in order as 
original text for purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 113-17 and provides that it shall be considered 
as read. The resolution waives all points of order against the 
amendment in the nature of a substitute. The resolution makes 
in order only those further 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.

                         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 
the amendment in the nature of a substitute made in order as 
original text, 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. 49

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #9, offered by Rep. DeFazio 
(OR), which assess a royalty fee of 8 percent for new hardrock 
mining operations and 4 percent for existing hardrock mining 
operations. Revenues would be used to reclaim abandoned 
hardrock mines. Defeated: 4-9

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 50

    Motion by Mr. McGovern to report an open rule. Defeated: 4-
9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 51

    Motion by Mr. Hastings of Florida to make in order and 
provide the appropriate waivers for amendment #4, offered by 
Rep. Shea-Porter (NH), which requires any person or corporation 
that is applying for a permit under H.R. 761 to disclose all 
electioneering expenditures made by them in the last five 
years. Defeated: 4-9

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 52

    Motion by Mr. Bishop of Utah to report the rule. Adopted: 
9-4

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Lowenthal (CA): Clarifies the definition of ``Strategic 
and Critical Minerals'' to only include the minerals identified 
by the National Research Council (NRC) as strategic and 
critical minerals, and any additional minerals added by the 
Secretary that meet the NRC's criteria. Also clarifies the 
definition of ``Mineral Exploration or Mine Permit'' to mean 
mineral exploration or mine permit for strategic and critical 
minerals. (10 minutes)
    2. Grayson (FL): Clarifies that mineral exploration and 
mine permits referenced in H.R. 761 only cover strategic and 
critical minerals. (10 minutes)
    3. Jackson Lee (TX): Directs that the lead agency with 
responsibility for issuing a mineral exploration or mine permit 
coordinate and consult with each State that may be impacted by 
issuance of the permit. (10 minutes)
    4. Connolly (VA): Recognizes that mineral exploration and 
mining can have major environmental impacts and requires such 
projects be subjected to an Environmental Impact Statement 
review prior to approval. Removes the arbitrary limit on the 
time frame for such reviews. (10 minutes)
    5. Jackson Lee (TX): Establishes that no deadline for 
agency action under ``Section 104 Federal Register Process for 
Mineral Exploration and Mining'' shall apply to the agency in a 
fiscal year if the amount of appropriations available to the 
agency for such action for the fiscal year is less than then 
amount of appropriations available to the agency for such 
action for the preceding fiscal year. (10 minutes)
    6. Jackson Lee (TX): Allows access to funds provided by 
taxpayers to other taxpayers when mounting a challenge to a 
decision by the Federal government agency with authority under 
this Act. (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 3, beginning at line 7, strike paragraph (1) and insert 
the following:

          (1) Strategic and critical minerals.--The term 
        ``strategic and critical minerals''--
                  (A) means--
                          (i) minerals and mineral groups 
                        identified as critical by the National 
                        Research Council in the report entitled 
                        ``Minerals, Critical Minerals, and the 
                        U.S. Economy'', 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) shall not include sand, gravel, or clay.

  Page 4, strike lines 1 through 7 and insert the following:

          (1) Mineral exploration or mine permit.--The term 
        ``mineral exploration or mine permit''--
                  (A) means a mineral exploration or mine 
                permit for strategic and critical minerals; and
                  (B) includes any plan of operation for 
                strategic and critical minerals that is issued 
                by the Bureau of Land Management and the Forest 
                Service.
                              ----------                              

 2. An Amendment To Be Offered by Representative Grayson of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 4, line 3, before ``includes'' insert ``means a permit 
authorizing exploration for or mining of a mineral that is a 
strategic and critical mineral, and''.
  Page 6, line 11, strike ``permitting'' and insert ``permit 
issuance''.
  Page 8, lines 1 and 19, insert ``strategic and critical'' 
before ``mineral'' each place it appears.
  Page 9, lines 5, 12, and 14, insert ``strategic and 
critical'' before ``mineral'' each place it appears.
  Page 9, line 15, insert ``strategic and critical'' before 
``mineral''.
  Page 9, line 17, insert ``Strategic and Critical'' before 
``Min-''.
  Page 10, line 5, insert ``Strategic and Critical'' before 
``Mineral''.
  Page 7, line 22, insert ``strategic and critical mineral'' 
before ``permitting process''.
  Page 10, line 15 insert ``STRATEGIC AND CRITICAL MINERAL'' 
before ``EXPLORATION''.
                              ----------                              

3. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 4, line 24, after ``project proponents'' insert ``, each 
State that may be impacted by issuance of the permit,''.
                              ----------                              

4. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 5, strike lines 4 through 17 and insert the following:
  (b) Determination Under NEPA.--The lead agency with 
responsibility for issuing a mineral exploration or mine permit 
shall determine any such action would constitute a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of the National Environmental 
Policy Act (42 U.S.C. 4331 et seq.).
  Beginning at page 6, strike line 8 and all that follows 
through page 7, line 17.
                              ----------                              

5. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  At the end of title I (page 10, after line 12), insert the 
following:

SEC. 105. NULLIFICATION OF TIME LIMITS.

  No deadline for agency action under this title shall apply to 
an agency in a fiscal year if the amount of appropriations 
available to the agency for such action for the fiscal year is 
less than the amount of appropriations available to the agency 
for such action for the preceding fiscal year.
                              ----------                              

6. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 11, beginning at line 21, strike section 206.

                                  
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