Permitting for Mining Needs Act of 2023

Subjects: Energy, Administrative law and regulatory procedures, Coal, Environmental assessment, monitoring, research, Judicial review and appeals, Land transfers, Land use and conservation, Licensing and registrations, Mining, Oil and gas, Performance measurement, Strategic materials and reserves

Summary:  <p><b>Permitting for Mining Needs Act of 2023</b></p> <p>This bill expedites the review of mining projects on federal lands and limits judicial review of mining projects.</p> <p>For example, the bill expands the federal permitting and review processes under the Infrastructure Investment and Jobs Act for critical minerals. Under the act, the Bureau of Land Management (BLM) and the U.S. Forest Service, to the maximum extent practicable, must complete the federal permitting and review processes related to critical mineral mines on federal lands with maximum efficiency and effectiveness. This bill expands this process to include all minerals as defined by the bill, not only critical minerals.</p> <p>The bill also establishes deadlines for completing the review of mining projects under the National Environmental Policy Act of 1969.</p> <p>In addition, the bill also expands the meaning of covered projects under the Fixing America's Surface Transportation (FAST) Act to include (1) certain mineral production projects, and (2) certain actions taken by the Department of Defense. Such projects qualify for expedited environmental review. </p> <p>It also establishes requirements to expedite the review or authorization of certain mineral projects, such as (1) mineral exploration activities with a surface disturbance of no more than five acres of public lands, (2) ancillary mining activities, and (3) uranium projects.</p> <p>Finally, the bill limits judicial review of a permit, license, or approval issued by a lead agency for a mining project by requiring the filing of claims within a certain time period.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 209 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 209

 To improve the permitting process for mining on Federal land, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

Mr. Stauber (for himself, Mr. Newhouse, Mr. Crenshaw, Mrs. Boebert, Mr. 
     Graves of Louisiana, Mr. Calvert, Mr. Finstad, Mr. Owens, Mr. 
McClintock, Mrs. Fischbach, Mr. Stewart, Ms. Tenney, Mr. Obernolte, Mr. 
 Bentz, Mr. Reschenthaler, Mr. Fulcher, and Mr. Emmer) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To improve the permitting process for mining on Federal land, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permitting for Mining Needs Act of 
2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Byproduct.--The term ``byproduct'' has the meaning 
        given such term in section 7002(a) of the Energy Act of 2020 
        (30 U.S.C. 1606(a)).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Mineral.--The term ``mineral'' means any mineral of a 
        kind that is locatable (including, but not limited to, such 
        minerals located on ``lands acquired by the United States'', as 
        such term is defined in section 2 of the Mineral Leasing Act 
        for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 
        17 Stat. 91).
            (4) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (5) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.

SEC. 3. MINERALS SUPPLY CHAIN AND RELIABILITY.

    Section 40206 of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1607) is amended--
            (1) in the section heading, by striking ``critical 
        minerals'' and inserting ``minerals'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
            ``(1) Lead agency.--The term `lead agency' means the 
        Federal agency with primary responsibility for issuing a 
        mineral exploration or mine permit or lease for a mineral 
        project.
            ``(2) Mineral.--The term `mineral' has the meaning given 
        such term in section 2 of the Permitting for Mining Needs Act 
        of 2023.
            ``(3) Mineral exploration or mine permit.--The term 
        `mineral exploration or mine permit' means--
                    ``(A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for 
                exploration for minerals that requires analysis under 
                the National Environmental Policy Act of 1969;
                    ``(B) a plan of operations for a mineral project 
                approved by the Bureau of Land Management or the Forest 
                Service; or
                    ``(C) any other Federal permit or authorization for 
                a mineral project.
            ``(4) Mineral project.--The term `mineral project' means a 
        project--
                    ``(A) located on--
                            ``(i) a mining claim, millsite claim, or 
                        tunnel site claim for any mineral;
                            ``(ii) lands open to mineral entry; or
                            ``(iii) a Federal mineral lease; and
                    ``(B) for the purposes of exploring for or 
                producing minerals.'';
            (3) in subsection (b), by striking ``critical'' each place 
        such term appears;
            (4) in subsection (c)--
                    (A) by striking ``critical mineral production on 
                Federal land'' and inserting ``mineral projects'';
                    (B) by inserting ``, and in accordance with 
                subsection (h)'' after ``to the maximum extent 
                practicable'';
                    (C) by striking ``shall complete the'' and 
                inserting ``shall complete such'';
                    (D) in paragraph (1), by striking ``critical 
                mineral-related activities on Federal land'' and 
                inserting ``mineral projects'';
                    (E) in paragraph (8), by striking the ``and'' at 
                the end;
                    (F) in paragraph (9), by striking ``procedures.'' 
                and inserting ``procedures; and''; and
                    (G) by adding at the end the following:
            ``(10) deferring to and relying on baseline data, analyses, 
        and reviews performed by State agencies with jurisdiction over 
        the environmental or reclamation permits for the proposed 
        mineral project.'';
            (5) in subsection (d)--
                    (A) by striking ``critical'' each place such term 
                appears; and
                    (B) in paragraph (3), by striking ``mineral-related 
                activities on Federal land'' and inserting ``mineral 
                projects'';
            (6) in subsection (e), by striking ``critical'';
            (7) in subsection (f), by striking ``critical'' each place 
        such term appears;
            (8) in subsection (g), by striking ``critical'' each place 
        such term appears; and
            (9) by adding at the end the following:
    ``(h) Other Requirements.--
            ``(1) Memorandum of agreement.--For purposes of maximizing 
        efficiency and effectiveness of the Federal permitting and 
        review processes described under subsection (c), the lead 
        agency in the Federal permitting and review processes of a 
        mineral project shall (in consultation with any other Federal 
        agency involved in such Federal permitting and review 
        processes, and upon request of the project applicant, an 
        affected State government, local government, or an Indian 
        Tribe, or other entity such lead agency determines appropriate) 
        enter into a memorandum of agreement with a project applicant 
        where requested by applicant to carry out the activities 
        described in subsection (c).
            ``(2) Timelines and schedules for nepa reviews.--
                    ``(A) Deadlines.--Any timelines or schedules 
                established under subsection (c)(1) relating to a 
                review under section 102(2)(C) of the National 
                Environmental Policy Act of 1969 shall require that the 
                review process not exceed--
                            ``(i) 12 months for an environmental 
                        assessment; and
                            ``(ii) 24 months for an environmental 
                        impact statement.
                    ``(B) Extension.--A project applicant may enter 
                into 1 or more agreements with a lead agency to extend 
                the deadlines described in clauses (i) and (ii) of 
                subparagraph (A) by, with respect to each such 
                agreement, not more than 6 months.
                    ``(C) Adjustment of timelines.--At the request of a 
                project applicant, the lead agency and any other entity 
                which is a signatory to a memorandum of agreement under 
                paragraph (1) may, by unanimous agreement, adjust--
                            ``(i) any deadlines described in 
                        subparagraph (A); and
                            ``(ii) any deadlines extended under 
                        subparagraph (B).
            ``(3) Document prepared by project applicant.--The lead 
        agency with respect to a mineral project may adopt an 
        environmental impact statement or environmental assessment 
        prepared by or for a project applicant with respect to such 
        project if such document fulfills the requirements of section 
        102(2)(C) of the National Environmental Policy Act of 1969.
            ``(4) Effect on pending applications.--Upon a written 
        request by a project applicant, the requirements of this 
        subsection shall apply to any application for a mineral 
        exploration or mine permit or mineral lease that was submitted 
        before the date of the enactment of the Permitting for Mining 
        Needs Act of 2023.''.

SEC. 4. FEDERAL REGISTER PROCESS IMPROVEMENT.

    Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is 
amended--
            (1) in paragraph (2), by striking ``critical'' both places 
        such term appears; and
            (2) by striking paragraph (4).

SEC. 5. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL 
              PERMITTING IMPROVEMENT PURPOSES.

    Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is 
amended by inserting ``minerals production,'' before ``or any other 
sector''.

SEC. 6. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11 
              FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.

    (a) In General.--Except as provided by subsection (c), an action 
described in subsection (b) shall be--
            (1) treated as a covered project, as defined in section 
        41001(6) of the Fixing America's Surface Transportation Act (42 
        U.S.C. 4370m(6)), without regard to the requirements of that 
        section; and
            (2) included in the Permitting Dashboard maintained 
        pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
        2(b)).
    (b) Actions Described.--An action described in this subsection is 
an action taken by the Secretary of Defense pursuant to Presidential 
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions 
under section 303 of the Defense Production Act of 1950) to create, 
maintain, protect, expand, or restore sustainable and responsible 
domestic production capabilities through--
            (1) supporting feasibility studies for mature mining, 
        beneficiation, and value-added processing projects;
            (2) byproduct and co-product production at existing mining, 
        mine waste reclamation, and other industrial facilities;
            (3) modernization of mining, beneficiation, and value-added 
        processing to increase productivity, environmental 
        sustainability, and workforce safety; or
            (4) any other activity authorized under section 303(a)(1) 
        of the Defense Production Act of 1950 15 (50 U.S.C. 
        4533(a)(1)).
    (c) Exception.--An action described in subsection (b) may not be 
treated as a covered project or be included in the Permitting Dashboard 
under subsection (a) if the project sponsor (as defined in section 
41001(18) of the Fixing America's Surface Transportation Act (42 U.S.C. 
4370m(18))) requests that the action not be treated as a covered 
project.

SEC. 7. MINERAL EXPLORATION ACTIVITIES WITH LIMITED SURFACE 
              DISTURBANCE.

    Notwithstanding any other provision of law, not later than 15 
calendar days after receiving a notice in such time, place, and manner 
as the applicable Secretary determines appropriate describing the 
exploration activities and subsequent reclamation activities, the 
Secretary of the Interior with respect to lands administered by the 
Secretary, and the Secretary of Agriculture with respect to National 
Forest System lands, shall--
            (1) review and determine completeness of the notice; and
            (2) allow mineral exploration activities other than casual 
        use to proceed if--
                    (A) the surface disturbance on Federal land will 
                not exceed 5 acres;
                    (B) the Secretary determines that the notice is 
                complete; and
                    (C) financial assurance is provided.

SEC. 8. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.

    Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 
U.S.C. 28f) is amended by adding at the end the following:
    ``(e) Security of Tenure.--
            ``(1) In general.--
                    ``(A) In general.--A claimant shall have the right 
                to use, occupy, and conduct operations on public land, 
                with or without the discovery of a valuable mineral 
                deposit, if--
                            ``(i) such claimant makes a timely payment 
                        of the location fee required by section 10102 
                        and the claim maintenance fee required by 
                        subsection (a); or
                            ``(ii) in the case of a claimant who 
                        qualifies for a waiver under subsection (d), 
                        such claimant makes a timely payment of the 
                        location fee and complies with the required 
                        assessment work under the general mining laws.
                    ``(B) Operations defined.--For the purposes of this 
                paragraph, the term `operations' means--
                            ``(i) any activity or work carried out in 
                        connection with prospecting, exploration, 
                        processing, discovery and assessment, 
                        development, or extraction with respect to a 
                        locatable mineral;
                            ``(ii) the reclamation of an area disturbed 
                        by an activity described in subparagraph (A); 
                        and
                            ``(iii) any activity reasonably incident to 
                        an activity described in subparagraphs (A) or 
                        (B), whether on a mining claim or not, 
                        including the construction and maintenance of 
                        facilities, roads, transmission lines, 
                        pipelines, and any other necessary 
                        infrastructure or means of access on public 
                        land.
            ``(2) Fulfillment of federal land policy and management 
        act.--A claimant that fulfills the requirements of this section 
        and section 10102 shall be deemed to satisfy the requirements 
        of any provision of the Federal Land Policy and Management Act 
        that requires the payment of fair market value to the United 
        States for use of public lands and resources relating to use of 
        such lands and resources authorized by the general mining laws.
            ``(3) Savings clause.--Nothing in this subsection may be 
        construed to diminish--
                    ``(A) the rights of entry, use, and occupancy of a 
                claimant under the general mining laws; or
                    ``(B) the rights of a claimant under the general 
                mining laws.''.

SEC. 9. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.

    (a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020 
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
                            ``(i) oil, oil shale, coal, or natural 
                        gas;''.
    (b) Update.--Not later than 60 days after the date of the enactment 
of this section, the Secretary, acting through the Director of the 
United States Geological Survey, shall publish in the Federal Register 
an update to the final list established in section 7002(c)(3) of the 
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection 
(a) of this section.

SEC. 10. LIMITATION ON JUDICIAL REVIEW.

    (a) In General.--Notwithstanding any other provision of law, a 
claim arising under Federal law seeking judicial review of a permit, 
license, or approval issued by a Federal lead agency for a mining 
project shall be barred unless it is filed not later than 120 days 
after the permit, license, or approval is final pursuant to the law 
under which the agency action is taken, unless a shorter time is 
specified in the Federal law pursuant to which judicial review is 
allowed.
    (b) Savings Clause.--Nothing in this section shall create a right 
to judicial review or place any limit on filing a claim that a person 
has violated the terms of a permit, license, or approval.
                                 &lt;all&gt;
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