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 national 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 following 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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Critical Minerals Production Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the industrialization of developing nations 

7 has driven demand for nonfuel minerals necessary 

8 for telecommunications, military technologies, 

9 healthcare technologies, and conventional and renew10 able energy technologies; 

11 (2) the availability of minerals and mineral ma12 terials are essential for economic growth, national 

13 security, technological innovation, and the manufac14 turing and agricultural supply chain; 

15 (3) minerals and mineral materials are critical 

16 components of every transportation, water, tele17 communications, and energy infrastructure project 

18 necessary to modernize the crumbling infrastructure 

19 of the United States; 

20 (4) the exploration, production, processing, use, 

21 and recycling of minerals contribute significantly to 

22 the economic well-being, security, and general wel23 fare of the United States; and 

24 (5) the United States has vast mineral re25 sources but is becoming increasingly dependent on 


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1 foreign sources of mineral resources, as dem2 onstrated by the fact that— 

3 (A) 25 years ago, the United States was 

4 dependent on foreign sources for 45 nonfuel 

5 mineral materials, of which— 

6 (i) 8 were imported by the United 

7 States to fulfill 100 percent of the require8 ments of the United States for those 

9 nonfuel mineral materials; and 

10 (ii) 19 were imported by the United 

11 States to fulfill greater than 50 percent of 

12 the requirements of the United States for 

13 those nonfuel mineral materials; 

14 (B) by 2015 the import dependence of the 

15 United States for nonfuel mineral materials in16 creased from dependence on the import of 45 

17 nonfuel mineral materials to dependence on the 

18 import of 47 nonfuel mineral materials, of 

19 which— 

20 (i) 19 were imported by the United 

21 States to fulfill 100 percent of the require22 ments of the United States for those 

23 nonfuel mineral materials; and 

24 (ii) 22 were imported by the United 

25 States to fulfill greater than 50 percent of 


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1 the requirements of the United States for 

2 those nonfuel mineral materials; 

3 (C) according to the Department of En4 ergy, the United States imports greater than 50 

5 percent of the 41 metals and minerals key to 

6 clean energy applications; 

7 (D) the United States share of worldwide 

8 mineral exploration dollars was 7 percent in 

9 2015, down from 19 percent in the early 1990s; 

10 (E) the 2014 Ranking of Countries for 

11 Mining Investment, which ranks 25 major min12 ing countries, found that 7- to 10-year permit13 ting delays are the most significant risk to min14 ing projects in the United States; and 

15 (F) in late 2016, the Government Account16 ability Office found that— 

17 (i) ‘‘the Federal government’s ap18 proach to addressing critical materials sup19 ply issues has not been consistent with se20 lected key practices for interagency col21 laboration, such as ensuring that agencies’ 

22 roles and responsibilities are clearly de23 fined’’; and 

24 (ii) ‘‘the Federal critical materials ap25 proach faces other limitations, including 


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1 data limitations and a focus on only a sub2 set of critical materials, a limited focus on 

3 domestic production of critical materials, 

4 and limited engagement with industry’’. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) AGENCY.—The term ‘‘agency’’ means— 

8 (A) any agency, department, or other unit 

9 of Federal, State, local, or tribal government; or 

10 (B) an Alaska Native Corporation. 

11 (2) ALASKA NATIVE CORPORATION.—The term 

12 ‘‘Alaska Native Corporation’’ has the meaning given 

13 the term ‘‘Native Corporation’’ in section 3 of the 

14 Alaska Native Claims Settlement Act (43 U.S.C. 

15 1602). 

16 (3) LEAD AGENCY.—The term ‘‘lead agency’’ 

17 means the agency with primary responsibility for 

18 issuing a mineral exploration or mine permit for a 

19 project. 

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

23 (A) an authorization of the Bureau of 

24 Land Management or the Forest Service, as ap25 plicable, for premining activities that requires 


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1 an environmental impact statement or similar 

2 analysis under the National Environmental Pol3 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

4 (B) a plan of operations issued by— 

5 (i) the Bureau of Land Management 

6 under subpart 3809 of part 3800 of title 

7 43, Code of Federal Regulations (or suc8 cessor regulations); or 

9 (ii) the Forest Service under subpart 

10 A of part 228 of title 36, Code of Federal 

11 Regulations (or successor regulations); and 

12 (C) a permit issued under an authority de13 scribed in section 3503.13 of title 43, Code of 

14 Federal Regulations (or successor regulations). 

15 (5) PROJECT.—The term ‘‘project’’ means a 

16 project for which the issuance of a permit is re17 quired to conduct activities for, relating to, or inci18 dental to mineral exploration, mining, beneficiation, 

19 processing, or reclamation activities— 

20 (A) on a mining claim, millsite claim, or 

21 tunnel site claim for any locatable mineral; or 

22 (B) in conjunction with any Federal min23 eral (other than coal and oil shale) that is 

24 leased under— 


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1 (i) the Mineral Leasing Act for Ac2 quired Lands (30 U.S.C. 351 et seq.); or 

3 (ii) section 402 of Reorganization 

4 Plan Numbered 3 of 1946 (5 U.S.C. 

5 App.). 

6 SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND 

7 CRITICAL MINERALS. 

8 (a) DEFINITION OF STRATEGIC AND CRITICAL MIN9 ERALS.—In this section, the term ‘‘strategic and critical 

10 minerals’’ means minerals that are necessary— 

11 (1) for the national defense and national secu12 rity requirements; 

13 (2) for the energy infrastructure of the United 

14 States, including— 

15 (A) pipelines; 

16 (B) refining capacity; 

17 (C) electrical power generation and trans18 mission; and 

19 (D) renewable energy production; 

20 (3) for community resiliency, coastal restora21 tion, and ecological sustainability for the coastal 

22 United States; 

23 (4) to support domestic manufacturing, agri24 culture, housing, telecommunications, healthcare, 

25 and transportation infrastructure; or 


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1 (5) for the economic security of, and balance of 

2 trade in, the United States. 

3 (b) CONSIDERATION OF CERTAIN DOMESTIC MINES

4 AS INFRASTRUCTURE PROJECTS.—A domestic mine that, 

5 as determined by the lead agency, will provide strategic 

6 and critical minerals shall be considered to be an infra7 structure project, as described in Executive Order 13807. 

8 SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY. 

9 (a) IN GENERAL.—The lead agency shall appoint a 

10 project lead within the lead agency, who shall coordinate 

11 and consult with cooperating agencies and any other agen12 cies involved in the permitting process, project proponents, 

13 and contractors to ensure that cooperating agencies and 

14 other agencies involved in the permitting process, project 

15 proponents, and contractors— 

16 (1) minimize delays; 

17 (2) set and adhere to timelines and schedules 

18 for completion of the permitting process; 

19 (3) set clear permitting goals; and 

20 (4) track progress against those goals. 

21 (b) DETERMINATION UNDER NEPA.— 

22 (1) IN GENERAL.—To the extent that the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.) applies to the issuance of any mineral 

25 exploration or mine permit, the requirements of that 


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1 Act shall be considered to have been procedurally 

2 and substantively satisfied if the lead agency deter3 mines that any State or Federal agency acting under 

4 State or Federal law has addressed or will address 

5 the following factors: 

6 (A) The environmental impact of the ac7 tion to be conducted under the permit. 

8 (B) Possible adverse environmental effects 

9 of actions under the permit. 

10 (C) Possible alternatives to issuance of the 

11 permit. 

12 (D) The relationship between long- and 

13 short-term uses of the local environment and 

14 the maintenance and enhancement of long-term 

15 productivity. 

16 (E) Any irreversible and irretrievable com17 mitment of resources that would be involved in 

18 the proposed action. 

19 (F) That public participation will occur 

20 during the decision-making process for author21 izing actions under the permit. 

22 (2) WRITTEN REQUIREMENT.—In making a de23 termination under paragraph (1), not later than 90 

24 days after receipt of an application for the permit, 


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1 the lead agency, in a written record of decision, 

2 shall— 

3 (A) explain the rationale used in reaching 

4 the determination; 

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

6 the basis for the determination; and 

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

8 allow a reasonable person to reach the same de9 termination as the lead agency did. 

10 (c) COORDINATION ON PERMITTING PROCESS.— 

11 (1) IN GENERAL.—The lead agency shall en12 hance government coordination for the permitting 

13 process by— 

14 (A) avoiding duplicative reviews; 

15 (B) minimizing paperwork; and 

16 (C) engaging other agencies and stake17 holders early in the process. 

18 (2) CONSIDERATIONS.—In carrying out para19 graph (1), the lead agency shall consider— 

20 (A) deferring to, and relying on, baseline 

21 data, analyses, and reviews performed by State 

22 agencies with jurisdiction over the proposed 

23 project; and 

24 (B) to the maximum extent practicable, 

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1 rently rather than sequentially if the concurrent 

2 consultation or review would expedite the proc3 ess. 

4 (3) MEMORANDUM OF AGENCY AGREEMENT.— 

5 If requested at any time by a State or local planning 

6 agency, the lead agency, in consultation with other 

7 Federal agencies with relevant jurisdiction in the en8 vironmental review process, may establish memo9 randa of agreement with the project sponsor, State 

10 and local governments, and other appropriate enti11 ties to accomplish the coordination activities de12 scribed in this subsection. 

13 (d) SCHEDULE FOR PERMITTING PROCESS.— 

14 (1) IN GENERAL.—For any project for which 

15 the lead agency cannot make the determination de16 scribed subsection (b), at the request of a project 

17 proponent, the lead agency, cooperating agencies, 

18 and any other agencies involved with the mineral ex19 ploration or mine permitting process shall enter into 

20 an agreement with the project proponent that sets 

21 time limits for each part of the permitting process, 

22 including— 

23 (A) the decision on whether to prepare an 

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1 ysis required under the National Environmental 

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

3 (B) a determination of the scope of any en4 vironmental impact statement or similar anal5 ysis required under the National Environmental 

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

7 (C) the scope of, and schedule for, the 

8 baseline studies required to prepare an environ9 mental impact statement or similar analysis re10 quired under the National Environmental Pol11 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

12 (D) preparation of any draft environmental 

13 impact statement or similar analysis required 

14 under the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.); 

16 (E) preparation of a final environmental 

17 impact statement or similar analysis required 

18 under the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.); 

20 (F) any consultations required under appli21 cable law; 

22 (G) submission and review of any com23 ments required under applicable law; 

24 (H) publication of any public notices re25 quired under applicable law; and 


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1 (I) any final or interim decisions. 

2 (2) TIME LIMIT FOR PERMITTING PROCESS.— 

3 Except if extended by mutual agreement of the 

4 project proponent and the lead agency, the time pe5 riod for the total review process described in para6 graph (1) shall not exceed 30 months. 

7 (e) LIMITATION ON ADDRESSING PUBLIC COM8 MENTS.—The lead agency shall not be required to address 

9 any agency or public comments that were not submitted— 

10 (1) during a public comment period or consulta11 tion period provided during the permitting process; 

12 or 

13 (2) as otherwise required by law. 

14 (f) FINANCIAL ASSURANCE.—The lead agency shall 

15 determine the amount of financial assurance required for 

16 reclamation of a mineral exploration or mining site, on the 

17 condition that the financial assurance shall cover the esti18 mated cost if the lead agency were to contract with a third 

19 party to reclaim the operations according to the reclama20 tion plan, including construction and maintenance costs 

21 for any treatment facilities necessary to meet Federal, 

22 State, or tribal environmental standards. 

23 (g) PROJECTS WITHIN NATIONAL FORESTS.—With 

24 respect to projects on National Forest System land, the 

25 lead agency shall— 


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1 (1) exempt from the requirements of part 294 

2 of title 36, Code of Federal Regulations (or suc3 cessor regulations)— 

4 (A) all areas of identified mineral re5 sources in land use designations, other than 

6 nondevelopment land use designations, in exist7 ence on the date of enactment of this Act; and 

8 (B) all additional routes and areas that the 

9 lead agency determines necessary to facilitate 

10 the construction, operation, maintenance, and 

11 restoration of an area described in paragraph 

12 (1); and 

13 (2) continue to apply the exemptions described 

14 in paragraph (1) after the date on which approval 

15 of the minerals plan of operations described in sec16 tion 3(4)(B)(ii) for the National Forest System land. 

17 (h) APPLICATION TO EXISTING PERMIT APPLICA18 TIONS.— 

19 (1) IN GENERAL.—This section applies to a 

20 mineral exploration or mine permit for which an ap21 plication was submitted before the date of enactment 

22 of this Act if the applicant for the permit submits 

23 a written request to the lead agency for the permit. 

24 (2) IMPLEMENTATION.—The lead agency shall 

25 begin implementing this section with respect to an 


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1 application described in paragraph (1) not later than 

2 30 days after the date on which the lead agency re3 ceives the written request for the permit. 

4 SEC. 6. FEDERAL REGISTER PROCESS FOR MINERAL EX5 PLORATION AND MINING PROJECTS. 

6 (a) DEPARTMENTAL REVIEW.—Absent any extraor7 dinary circumstances, as determined by the Secretary of 

8 the Interior or the Secretary of Agriculture, as applicable, 

9 and except as otherwise required by law, the Secretary of 

10 the Interior or the Secretary of Agriculture, as applicable, 

11 shall ensure that each Federal Register notice associated 

12 with the issuance of a mineral exploration or mine permit 

13 and required by law shall be— 

14 (1) subject to any required reviews within the 

15 Department of the Interior or the Department of 

16 Agriculture, as applicable; and 

17 (2) published in final form in the Federal Reg18 ister not later than 45 days after the date of initial 

19 preparation of the notice. 

20 (b) PREPARATION.—The preparation of any Federal 

21 Register notice described in subsection (a) shall be dele22 gated to the organizational level within the lead agency. 

23 (c) TRANSMISSION.—All Federal Register notices de24 scribed in subsection (a) regarding official document avail25 ability, announcements of meetings, or notices of intent 


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1 to undertake an action shall originate in, and be trans2 mitted to the Federal Register from, the office in which, 

3 as applicable— 

4 (1) the documents or meetings are held; or 

5 (2) the activity is initiated. 

6 SEC. 7. SECRETARIAL ORDER NOT AFFECTED. 

7 This Act shall not apply to any mineral described in 

8 Secretarial Order 3324, issued by the Secretary of the In9 terior on December 3, 2012, in any area to which the 

10 order applies. 

Æ 


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