IIB 

114TH CONGRESS 

1ST SESSION H. R. 1937 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2015 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Strategic and 

5 Critical Minerals Production Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The industrialization of developing nations 

9 has driven demand for nonfuel minerals necessary 

10 for telecommunications, military technologies, 

11 healthcare technologies, and conventional and renew12 able energy technologies. 

13 (2) The availability of minerals and mineral 

14 materials are essential for economic growth, national 

15 security, technological innovation, and the manufac16 turing and agricultural supply chain. 

17 (3) The exploration, production, processing, 

18 use, and recycling of minerals contribute signifi19 cantly to the economic well-being, security, and gen20 eral welfare of the Nation. 

21 (4) The United States has vast mineral re22 sources, but is becoming increasingly dependent 

23 upon foreign sources of these mineral materials, as 

24 demonstrated by the following: 


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1 (A) Twenty-five years ago the United 

2 States was dependent on foreign sources for 45 

3 nonfuel mineral materials, 8 of which the 

4 United States imported 100 percent of the Na5 tion’s requirements, and for another 19 com6 modities the United States imported more than 

7 50 percent of the Nation’s needs. 

8 (B) By 2014 the United States import de9 pendence for nonfuel mineral materials in10 creased from 45 to 65 commodities, 19 of which 

11 the United States imported for 100 percent of 

12 the Nation’s requirements, and an additional 24 

13 of which the United States imported for more 

14 than 50 percent of the Nation’s needs. 

15 (C) The United States share of worldwide 

16 mineral exploration dollars was 7 percent in 

17 2014, down from 19 percent in the early 1990s. 

18 (D) In the 2014 Ranking of Countries for 

19 Mining Investment (out of 25 major mining 

20 countries), found that 7- to 10-year permitting 

21 delays are the most significant risk to mining 

22 projects in the United States. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) STRATEGIC AND CRITICAL MINERALS.—The 

2 term ‘‘strategic and critical minerals’’ means min3 erals that are necessary— 

4 (A) for national defense and national secu5 rity requirements; 

6 (B) for the Nation’s energy infrastructure, 

7 including pipelines, refining capacity, electrical 

8 power generation and transmission, and renew9 able energy production; 

10 (C) to support domestic manufacturing, 

11 agriculture, housing, telecommunications, 

12 healthcare, and transportation infrastructure; 

13 or 

14 (D) for the Nation’s economic security and 

15 balance of trade. 

16 (2) AGENCY.—The term ‘‘agency’’ means any 

17 agency, department, or other unit of Federal, State, 

18 local, or tribal government, or Alaska Native Cor19 poration. 

20 (3) MINERAL EXPLORATION OR MINE PER21 MIT.—The term ‘‘mineral exploration or mine per22 mit’’ includes— 

23 (A) Bureau of Land Management and For24 est Service authorizations for pre-mining activi25 ties that require environmental analyses pursuVerDate Sep 11 2014 21:17 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1937.RFS H1937

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1 ant to the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.); and 

3 (B) plans of operation issued by the Bu4 reau of Land Management and the Forest Serv5 ice pursuant to 43 CFR 3809 and 36 CFR 

6 228A or the authorities listed in 43 CFR 

7 3503.13, respectively, as amended from time to 

8 time. 

9 TITLE I—DEVELOPMENT OF DO10 MESTIC SOURCES OF STRA11 TEGIC AND CRITICAL MIN12 ERALS 

13 SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND 

14 CRITICAL MINERALS. 

15 Domestic mines that will provide strategic and crit16 ical minerals shall be considered an ‘‘infrastructure 

17 project’’ as described in Presidential order ‘‘Improving 

18 Performance of Federal Permitting and Review of Infra19 structure Projects’’ dated March 22, 2012. 

20 SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY. 

21 (a) IN GENERAL.—The lead agency with responsi22 bility for issuing a mineral exploration or mine permit 

23 shall appoint a project lead within the lead agency who 

24 shall coordinate and consult with cooperating agencies and 

25 any other agency involved in the permitting process, 


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1 project proponents and contractors to ensure that agencies 

2 minimize delays, set and adhere to timelines and schedules 

3 for completion of the permitting process, set clear permit4 ting goals and track progress against those goals. 

5 (b) DETERMINATION UNDER NEPA.— 

6 (1) IN GENERAL.—To the extent that the Na7 tional Environmental Policy Act of 1969 (42 U.S.C. 

8 4321 et seq.) applies to the issuance of any mineral 

9 exploration or mine permit, the requirements of such 

10 Act shall be deemed to have been procedurally and 

11 substantively satisfied if the lead agency determines 

12 that any State and/or Federal agency acting pursu13 ant to State or Federal (or both) statutory or proce14 dural authorities, has addressed or will address the 

15 following factors: 

16 (A) The environmental impact of the ac17 tion to be conducted under the permit. 

18 (B) Possible adverse environmental effects 

19 of actions under the permit. 

20 (C) Possible alternatives to issuance of the 

21 permit. 

22 (D) The relationship between local long23 and short-term uses of man’s environment and 

24 the maintenance and enhancement of long-term 

25 productivity. 


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1 (E) Any irreversible and irretrievable com2 mitment of resources that would be involved in 

3 the proposed action. 

4 (F) That public participation will occur 

5 during the decisionmaking process for author6 izing actions under the permit. 

7 (2) WRITTEN REQUIREMENT.—In reaching a 

8 determination under paragraph (1), the lead agency 

9 shall, by no later than 90 days after receipt of an 

10 application for the permit, in a written record of de11 cision— 

12 (A) explain the rationale used in reaching 

13 its determination; 

14 (B) state the facts in the record that are 

15 the basis for the determination; and 

16 (C) show that the facts in the record could 

17 allow a reasonable person to reach the same de18 termination as the lead agency did. 

19 (c) COORDINATION ON PERMITTING PROCESS.—The 

20 lead agency with responsibility for issuing a mineral explo21 ration or mine permit shall enhance government coordina22 tion for the permitting process by avoiding duplicative re23 views, minimizing paperwork, and engaging other agencies 

24 and stakeholders early in the process. For purposes of this 


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1 subsection, the lead agency shall consider the following 

2 practices: 

3 (1) Deferring to and relying upon baseline data, 

4 analyses and reviews performed by State agencies 

5 with jurisdiction over the proposed project. 

6 (2) Conducting any consultations or reviews 

7 concurrently rather than sequentially to the extent 

8 practicable and when such concurrent review will ex9 pedite rather than delay a decision. 

10 (d) MEMORANDUM OF AGENCY AGREEMENT.—If re11 quested at any time by a State or local planning agency, 

12 the lead agency with responsibility for issuing a mineral 

13 exploration or mine permit, in consultation with other 

14 Federal agencies with relevant jurisdiction in the environ15 mental review process, may establish memoranda of agree16 ment with the project sponsor, State and local govern17 ments, and other appropriate entities to accomplish the 

18 early coordination activities described in subsection (c). 

19 (e) SCHEDULE FOR PERMITTING PROCESS.—For any 

20 project for which the lead agency cannot make the deter21 mination described in 102(b), at the request of a project 

22 proponent the lead agency, cooperating agencies, and any 

23 other agencies involved with the mineral exploration or 

24 mine permitting process shall enter into an agreement 


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1 with the project proponent that sets time limits for each 

2 part of the permitting process, including for the following: 

3 (1) The decision on whether to prepare a docu4 ment required under the National Environmental 

5 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

6 (2) A determination of the scope of any docu7 ment required under the National Environmental 

8 Policy Act of 1969. 

9 (3) The scope of and schedule for the baseline 

10 studies required to prepare a document required 

11 under the National Environmental Policy Act of 

12 1969. 

13 (4) Preparation of any draft document required 

14 under the National Environmental Policy Act of 

15 1969. 

16 (5) Preparation of a final document required 

17 under the National Environmental Policy Act of 

18 1969. 

19 (6) Consultations required under applicable 

20 laws. 

21 (7) Submission and review of any comments re22 quired under applicable law. 

23 (8) Publication of any public notices required 

24 under applicable law. 

25 (9) A final or any interim decisions. 


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1 (f) TIME LIMIT FOR PERMITTING PROCESS.—In no 

2 case should the total review process described in sub3 section (d) exceed 30 months unless extended by the sig4 natories of the agreement. 

5 (g) LIMITATION ON ADDRESSING PUBLIC COM6 MENTS.—The lead agency is not required to address agen7 cy or public comments that were not submitted during any 

8 public comment periods or consultation periods provided 

9 during the permitting process or as otherwise required by 

10 law. 

11 (h) FINANCIAL ASSURANCE.—The lead agency will 

12 determine the amount of financial assurance for reclama13 tion of a mineral exploration or mining site, which must 

14 cover the estimated cost if the lead agency were to con15 tract with a third party to reclaim the operations accord16 ing to the reclamation plan, including construction and 

17 maintenance costs for any treatment facilities necessary 

18 to meet Federal, State or tribal environmental standards. 

19 (i) APPLICATION TO EXISTING PERMIT APPLICA20 TIONS.—This section shall apply with respect to a mineral 

21 exploration or mine permit for which an application was 

22 submitted before the date of the enactment of this Act 

23 if the applicant for the permit submits a written request 

24 to the lead agency for the permit. The lead agency shall 


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1 begin implementing this section with respect to such appli2 cation within 30 days after receiving such written request. 

3 (j) STRATEGIC AND CRITICAL MINERALS WITHIN

4 NATIONAL FORESTS.—With respect to strategic and crit5 ical minerals within a federally administered unit of the 

6 National Forest System, the lead agency shall— 

7 (1) exempt all areas of identified mineral re8 sources in Land Use Designations, other than Non9 Development Land Use Designations, in existence as 

10 of the date of the enactment of this Act from the 

11 procedures detailed at and all rules promulgated 

12 under part 294 of title 36, Code of Federal Regula13 tions; 

14 (2) apply such exemption to all additional 

15 routes and areas that the lead agency finds nec16 essary to facilitate the construction, operation, main17 tenance, and restoration of the areas of identified 

18 mineral resources described in paragraph (1); and 

19 (3) continue to apply such exemptions after ap20 proval of the Minerals Plan of Operations for the 

21 unit of the National Forest System. 

22 SEC. 103. CONSERVATION OF THE RESOURCE. 

23 In evaluating and issuing any mineral exploration or 

24 mine permit, the priority of the lead agency shall be to 

25 maximize the development of the mineral resource, while 


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1 mitigating environmental impacts, so that more of the 

2 mineral resource can be brought to the marketplace. 

3 SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EX4 PLORATION AND MINING PROJECTS. 

5 (a) PREPARATION OF FEDERAL NOTICES FOR MIN6 ERAL EXPLORATION AND MINE DEVELOPMENT

7 PROJECTS.—The preparation of Federal Register notices 

8 required by law associated with the issuance of a mineral 

9 exploration or mine permit shall be delegated to the orga10 nization level within the agency responsible for issuing the 

11 mineral exploration or mine permit. All Federal Register 

12 notices regarding official document availability, announce13 ments of meetings, or notices of intent to undertake an 

14 action shall be originated and transmitted to the Federal 

15 Register from the office where documents are held, meet16 ings are held, or the activity is initiated. 

17 (b) DEPARTMENTAL REVIEW OF FEDERAL REG18 ISTER NOTICES FOR MINERAL EXPLORATION AND MIN19 ING PROJECTS.—Absent any extraordinary circumstance 

20 or except as otherwise required by any Act of Congress, 

21 each Federal Register notice described in subsection (a) 

22 shall undergo any required reviews within the Department 

23 of the Interior or the Department of Agriculture and be 

24 published in its final form in the Federal Register no later 

25 than 30 days after its initial preparation. 


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1 TITLE II—JUDICIAL REVIEW OF 

2 AGENCY ACTIONS RELATING 

3 TO EXPLORATION AND MINE 

4 PERMITS 

5 SEC. 201. DEFINITIONS FOR TITLE. 

6 In this title the term ‘‘covered civil action’’ means a 

7 civil action against the Federal Government containing a 

8 claim under section 702 of title 5, United States Code, 

9 regarding agency action affecting a mineral exploration or 

10 mine permit. 

11 SEC. 202. TIMELY FILINGS. 

12 A covered civil action is barred unless filed no later 

13 than the end of the 60-day period beginning on the date 

14 of the final Federal agency action to which it relates. 

15 SEC. 203. RIGHT TO INTERVENE. 

16 The holder of any mineral exploration or mine permit 

17 may intervene as of right in any covered civil action by 

18 a person affecting rights or obligations of the permit hold19 er under the permit. 

20 SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE 

21 ACTION. 

22 The court shall endeavor to hear and determine any 

23 covered civil action as expeditiously as possible. 


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1 SEC. 205. LIMITATION ON PROSPECTIVE RELIEF. 

2 In a covered civil action, the court shall not grant 

3 or approve any prospective relief unless the court finds 

4 that such relief is narrowly drawn, extends no further than 

5 necessary to correct the violation of a legal requirement, 

6 and is the least intrusive means necessary to correct that 

7 violation. 

8 SEC. 206. LIMITATION ON ATTORNEYS’ FEES. 

9 Section 504 of title 5, United States Code, and sec10 tion 2412 of title 28, United States Code (together com11 monly called the Equal Access to Justice Act) do not apply 

12 to a covered civil action, nor shall any party in such a 

13 covered civil action receive payment from the Federal Gov14 ernment for their attorneys’ fees, expenses, and other 

15 court costs. 

16 TITLE III—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 301. SECRETARIAL ORDER NOT AFFECTED. 

19 This Act shall not apply to any mineral described in 

20 Secretarial Order No. 3324, issued by the Secretary of 


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1 the Interior on December 3, 2012, in any area to which 

2 the order applies. 

Passed the House of Representatives October 22, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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