I 

117TH CONGRESS 

1ST SESSION H. R. 3240 

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 14, 2021 

Mr. AMODEI (for himself, Mr. WESTERMAN, Mr. YOUNG, Mr. LAMALFA, Mr. 

FULCHER, Mr. RESCHENTHALER, and Mrs. LESKO) 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Critical Minerals Production Act of 2021’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The industrialization of developing nations 

4 has driven demand for nonfuel minerals necessary 

5 for telecommunications, military technologies, 

6 healthcare technologies, and conventional and renew7 able energy technologies. 

8 (2) The availability of minerals and mineral 

9 materials are essential for economic growth, national 

10 security, technological innovation, and the manufac11 turing and agricultural supply chain. 

12 (3) Minerals and mineral materials are critical 

13 components of every transportation, water, tele14 communications, and energy infrastructure project 

15 necessary to modernize the crumbling infrastructure 

16 of the United States. 

17 (4) 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 United States. 

21 (5) Constraints on mineral supply chains are 

22 expected to grow globally due to increased demand, 

23 leading to higher costs of raw materials necessary 

24 for innovative technologies to combat climate 

25 change. 


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1 (6) China currently controls the majority of 

2 worldwide production of certain minerals, includ3 ing— 

4 (A) rare earth minerals; 

5 (B) graphite and graphene; 

6 (C) lithium; and 

7 (D) vanadium. 

8 (7) Domestic mineral production must grow to 

9 allow the United States to fulfill its national secu10 rity, healthcare, infrastructure, energy, manufac11 turing, agricultural, and environmental needs. 

12 (8) In order to ensure the United States re13 mains economically competitive, domestic production 

14 of minerals and mineral materials must be 

15 prioritized and bolstered through reducing existing 

16 constraints on mineral access. 

17 (9) As of 2020, the United States is entirely 

18 import dependent for 17 key mineral resources, and 

19 more than 50 percent import dependent for an addi20 tional 29 mineral commodities. United States min21 eral import reliance has nearly doubled over the past 

22 20 years. 

23 (10) The United States permitting process— 

24 which takes on average 7 to 10 years or more—is 

25 one of the principal barriers to the domestic mining 


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1 sector’s ability to ensure robust mineral supply 

2 chains and creates a competitive disadvantage in at3 tracting investment for mineral development. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

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

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

9 (B) an Alaska Native Corporation. 

10 (2) ALASKA NATIVE CORPORATION.—The term 

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

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

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

14 1602). 

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

16 means the agency with primary responsibility for 

17 issuing a mineral exploration or mine permit for a 

18 project. 

19 (4) MINERAL EXPLORATION OR MINE PER20 MIT.—The term ‘‘mineral exploration or mine per21 mit’’ includes— 

22 (A) an authorization of the Bureau of 

23 Land Management or the Forest Service, as ap24 plicable, for premining activities that requires 

25 an environmental impact statement or similar 


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1 analysis under the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

3 (B) a plan of operations issued by— 

4 (i) the Bureau of Land Management 

5 under subpart 3809 of part 3800 of title 

6 43, Code of Federal Regulations (or suc7 cessor regulations); or 

8 (ii) the Forest Service under subpart 

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

10 Regulations (or successor regulations); and 

11 (C) a permit issued under an authority de12 scribed in section 3503.13 of title 43, Code of 

13 Federal Regulations (or successor regulations). 

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

15 project for which the issuance of a permit is re16 quired to conduct activities for, relating to, or inci17 dental to mineral exploration, mining, beneficiation, 

18 processing, or reclamation activities— 

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

20 tunnel site claim for any locatable mineral; or 

21 (B) relating to a Federal mineral lease 

22 leased under— 

23 (i) the Mineral Leasing Act for Ac24 quired Lands (30 U.S.C. 351 et seq.); or 


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1 (ii) section 402 of Reorganization 

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

3 App.). 

4 SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND 

5 CRITICAL MINERALS. 

6 (a) DEFINITION OF STRATEGIC AND CRITICAL MIN7 ERALS.—In this section, the term ‘‘strategic and critical 

8 minerals’’ means minerals that are necessary— 

9 (1) for the national defense and national secu10 rity requirements; 

11 (2) for the energy infrastructure of the United 

12 States, including— 

13 (A) pipelines; 

14 (B) refining capacity; 

15 (C) electrical power generation and trans16 mission; and 

17 (D) renewable energy production; 

18 (3) for community resiliency, coastal restora19 tion, and ecological sustainability for the coastal 

20 United States; 

21 (4) to support domestic manufacturing, agri22 culture, housing, telecommunications, healthcare, 

23 and transportation infrastructure; or 

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

25 trade in, the United States. 


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1 (b) CONSIDERATION OF CERTAIN DOMESTIC MINES

2 AS INFRASTRUCTURE PROJECTS.—A domestic mine that, 

3 as determined by the lead agency, will provide strategic 

4 and critical minerals shall be considered to be an infra5 structure project for the purposes of Executive Order 

6 13807 (42 U.S.C. 4370m note, relating to Establishing 

7 Discipline and Accountability in the Environmental Re8 view and Permitting Process for Infrastructure Projects). 

9 SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY. 

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

11 project lead within the lead agency, who shall coordinate 

12 and consult with cooperating agencies and any other agen13 cies involved in the permitting process, project proponents, 

14 and contractors to ensure that cooperating agencies and 

15 other agencies involved in the permitting process, project 

16 proponents, and contractors— 

17 (1) minimize delays; 

18 (2) set and adhere to timelines and schedules 

19 for completion of the permitting process; 

20 (3) set clear permitting goals; and 

21 (4) track progress against those goals. 

22 (b) DETERMINATION UNDER THE NATIONAL ENVI23 RONMENTAL POLICY ACT OF 1969.— 

24 (1) IN GENERAL.—To the extent that section 

25 102(2)(C) of the National Environmental Policy Act 


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1 of 1969 (42 U.S.C. 4332(2)(C)) applies to the 

2 issuance of any mineral exploration or mine permit, 

3 the requirements of such section shall be deemed 

4 satisfied if the lead agency determines that a State 

5 or Federal agency acting under State or Federal law 

6 has addressed or will address the following factors: 

7 (A) The environmental impact of the ac8 tion to be conducted under the permit. 

9 (B) Possible adverse environmental effects 

10 of actions under the permit. 

11 (C) Possible alternatives to issuance of the 

12 permit. 

13 (D) The relationship between long- and 

14 short-term uses of the local environment and 

15 the maintenance and enhancement of long-term 

16 productivity. 

17 (E) Any irreversible and irretrievable com18 mitment of resources that would be involved in 

19 the proposed action. 

20 (F) The ability of the public to participate 

21 during the decision-making process for author22 izing actions under the permit. 

23 (2) WRITTEN REQUIREMENT.—In making a de24 termination under paragraph (1), not later than 90 

25 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; and 

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

6 the basis for the determination. 

7 (c) COORDINATION ON PERMITTING PROCESS.— 

8 (1) IN GENERAL.—The lead agency shall en9 hance government coordination for the permitting 

10 process by— 

11 (A) avoiding duplicative reviews; 

12 (B) minimizing paperwork; and 

13 (C) engaging other agencies and stake14 holders early in the process. 

15 (2) CONSIDERATIONS.—In carrying out para16 graph (1), the lead agency shall consider— 

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

18 data, analyses, and reviews performed by State 

19 agencies with jurisdiction over the proposed 

20 project; and 

21 (B) to the maximum extent practicable, 

22 conducting any consultations or reviews concur23 rently rather than sequentially if concurrent 

24 consultation or review would expedite the proc25 ess. 


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1 (3) MEMORANDUM OF AGENCY AGREEMENT.— 

2 At the request of a State or local planning agency, 

3 the lead agency, in consultation with other Federal 

4 agencies with relevant jurisdiction in the environ5 mental review process, may establish memoranda of 

6 agreement with the project sponsor, State and local 

7 governments, and other appropriate entities to ac8 complish the coordination activities described in this 

9 subsection. 

10 (d) SCHEDULE FOR PERMITTING PROCESS.— 

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

12 the requirements of section 102(2)(C) of the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 

14 4332(2)(C)) are not deemed satisfied by the lead 

15 agency under subsection (b), at the request of a 

16 project proponent, the lead agency, cooperating 

17 agencies, and any other agencies involved with the 

18 mineral exploration or mine permitting process shall 

19 enter into an agreement with the project proponent 

20 that sets time limits for each part of the permitting 

21 process, including— 

22 (A) the decision on whether to prepare an 

23 environmental impact statement or similar anal24 ysis required under section 102(2)(C) of the 


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1 National Environmental Policy Act of 1969 (42 

2 U.S.C. 4332(2)(C)); 

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

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

7 baseline studies required to prepare an environ8 mental impact statement or similar analysis re9 quired under such section; 

10 (D) preparation of any draft environmental 

11 impact statement or similar analysis required 

12 under such section; 

13 (E) preparation of a final environmental 

14 impact statement or similar analysis required 

15 under such section; 

16 (F) any consultations required under appli17 cable law; 

18 (G) submission and review of any com19 ments required under applicable law; 

20 (H) publication of any public notices re21 quired under applicable law; and 

22 (I) any final or interim decisions relating 

23 to such project. 

24 (2) TIME LIMIT FOR PERMITTING PROCESS.— 

25 Except if extended by mutual agreement of the 


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1 project proponent and the lead agency, the time pe2 riod for the total review process described in para3 graph (1) may not exceed 30 months. 

4 (e) LIMITATION ON ADDRESSING PUBLIC COM5 MENTS.—The lead agency is not required to address any 

6 agency or public comments that were not submitted— 

7 (1) during a public comment period or consulta8 tion period provided during the permitting process; 

9 or 

10 (2) as otherwise required by law. 

11 (f) FINANCIAL ASSURANCE.—Notwithstanding any 

12 other provision of law, the lead agency shall determine the 

13 amount of financial assurance required for reclamation of 

14 a mineral exploration or mining site. Such amount shall 

15 be sufficient to cover the estimated cost of contracting 

16 with a third party to reclaim the operations according to 

17 the reclamation plan, including construction and mainte18 nance costs for any treatment facilities necessary to meet 

19 Federal, State, and Tribal environmental standards. 

20 (g) PROJECTS WITHIN NATIONAL FORESTS.—With 

21 respect to projects on National Forest System land (as 

22 defined in section 11(a) of the Forest and Rangeland Re23 newable Resources Planning Act of 1974 (16 U.S.C. 

24 1609(a))) the 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 or areas that the 

9 lead agency determines necessary to facilitate 

10 the construction, operation, maintenance, and 

11 restoration of an area described in subpara12 graph (A); 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.—Upon written request by an 

20 applicant to the lead agency, this section shall apply 

21 to a mineral exploration or mine permit for which an 

22 application was submitted before the date of enact23 ment of this Act. 

24 (2) IMPLEMENTATION.—This section applies to 

25 a request for a mineral exploration or mine permit 


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1 submitted on a date that is not less than 30 days 

2 after the date of enactment of this Act. 

3 SEC. 6. SECRETARIAL ORDER NOT AFFECTED. 

4 This Act shall not apply to any mineral described in 

5 Secretarial Order 3324, issued by the Secretary of the In6 terior on December 3, 2012, in any area to which the 

7 order applies. 

Æ 


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