I 
117TH CONGRESS 
1ST SESSION H. R. 2604 
To improve the permitting process for critical mineral projects, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2021 
Mr. STAUBER
(for himself, Mr. NEWHOUSE, Mr. WESTERMAN, Mrs. 
CAMMACK, 
Ms. 
TENNEY, 
Mr. 
LAMALFA, 
Mr. 
MCKINLEY, 
Mr. 
GROTHMAN, Mr. EMMER, Mrs. MILLER of Illinois, Mr. ROSENDALE, Mr. 
STEWART, Mr. BAIRD, and Mr. TIFFANY) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Small Business, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve the permitting process for critical mineral 
projects, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Accessing America’s 
Critical Minerals Act of 2021’’. 
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SEC. 2. PERMITTING. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) critical minerals are fundamental to the 
economy, competitiveness, and security of the United 
States; 
(2) to the maximum extent practicable, the crit-
ical mineral needs of the United States should be 
satisfied by minerals, elements, substances, and ma-
terials responsibly produced and recycled in the 
United States; and 
(3) the current Federal permitting process is an 
impediment to mineral production and the mineral 
security of the United States. 
(b) COORDINATION ON PERMITTING PROCESS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with appropriate Federal agencies, shall, to the 
maximum extent practicable, with respect to the 
Federal permitting and review process for critical 
mineral projects on Federal land— 
(A) establish and adhere to timelines and 
schedules for the consideration of, and final de-
cisions regarding, applications, operating plans, 
leases, licenses, permits, and other use author-
izations for mineral-related activities on Federal 
land; 
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(B) establish clear, quantifiable, and tem-
poral permitting performance goals and track-
ing progress against those goals; 
(C) engage in early collaboration among 
agencies, project sponsors, and affected stake-
holders— 
(i) to incorporate and address the in-
terests of each such agency, sponsor, and 
stakeholder; and 
(ii) to minimize delays; 
(D) ensure transparency and accountability 
by using cost-effective information technology to 
collect and disseminate information regarding 
individual critical mineral projects and agency 
performance; 
(E) engage in early and active consultation 
with State and local governments and Indian 
Tribes to avoid conflicts or duplication of effort, 
resolve concerns, and allow for concurrent, 
rather than sequential, State, local, Tribal, and 
Federal environmental and regulatory reviews; 
(F) meet or exceed the performance 
metrics contained in subsection (g); 
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(G) expand and institutionalize permitting 
and review process improvements that have 
proven effective; 
(H) develop mechanisms to better commu-
nicate priorities and resolve disputes among 
agencies at the national, regional, State, and 
local levels; and 
(I) develop other practices to improve the 
regulatory processes, such as preapplication 
procedures. 
(2) CONSIDERATIONS.—In carrying out para-
graph (1), the lead agency shall consider deferring 
to, and relying on, baseline data, analyses, and re-
views performed by State agencies with jurisdiction 
over the proposed critical mineral project. 
(3) MEMORANDUM OF AGREEMENT.—The lead 
agency with respect to a critical mineral project on 
Federal land, in consultation with any other Federal 
agency with jurisdiction over such project, shall, 
upon request of the project sponsor, a State or local 
government, an Indian Tribe, or other entity such 
lead agency determines appropriate, establish a 
memorandum of agreement with the project sponsor, 
a State or local government, an Indian Tribe, or an-
other entity such lead agency determines appropriate 
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to carry out the activities described in this sub-
section. 
(4) TIME LIMIT FOR PERMITTING PROCESS.— 
Notwithstanding any other provision of law, and ex-
cept with agreement of the project sponsor, the total 
period for all necessary Federal reviews and permit 
consideration for a critical mineral project on Fed-
eral land reasonably expected to produce critical 
minerals may not exceed— 
(A) with respect to a project that requires 
an environmental assessment under section 
102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331(2)(C)), 18 
months; or 
(B) with respect to a project that requires 
an environmental impact statement under such 
section, 24 months. 
(c) DETERMINATION UNDER NATIONAL ENVIRON-
MENTAL POLICY ACT.— 
(1) IN GENERAL.—To the extent that the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) applies to the issuance of any mineral 
exploration or mine permit relating to a critical min-
eral project, the lead agency may deem the require-
ments of such Act satisfied if the lead agency deter-
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mines that a State or Federal agency acting under 
State or Federal law has addressed the following 
factors: 
(A) The environmental impact of the ac-
tion to be conducted under the permit. 
(B) Possible alternatives to issuance of the 
permit. 
(C) The relationship between long- and 
short-term uses of the local environment and 
the maintenance and enhancement of long-term 
productivity. 
(D) Any irreversible and irretrievable com-
mitment of resources that would be involved in 
the proposed action. 
(2) PUBLICATION.—The lead agency shall pub-
lish a determination under paragraph (1) not later 
than 90 days after receipt of an application for the 
permit. 
(3) VERIFICATION.—The lead agency shall pub-
lish a determination that the factors under para-
graph (1) have been sufficiently addressed and pub-
lic participation has occurred with regard to any au-
thorizing actions before issuing any mineral explo-
ration or mine permit for a critical mineral project. 
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(d) SCHEDULE
FOR PERMITTING PROCESS.—For 
any critical mineral project for which the lead agency can-
not make the determination described in subsection (c), 
at the request of a project sponsor, the lead agency, co-
operating agencies, and any other agencies involved with 
the mineral exploration or mine permitting process shall 
enter into an agreement with the project sponsor that sets 
time limits for each part of the permitting process, includ-
ing— 
(1) the decision on whether to prepare an envi-
ronmental impact statement or similar analysis re-
quired under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(2) a determination of the scope of any environ-
mental impact statement or similar analysis required 
under such Act; 
(3) the scope of, and schedule for, the baseline 
studies required to prepare an environmental impact 
statement or similar analysis required under such 
Act; 
(4) preparation of any draft environmental im-
pact statement or similar analysis required under 
such Act; 
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(5) preparation of a final environmental impact 
statement or similar analysis required under such 
Act; 
(6) any consultations required under applicable 
law; 
(7) submission and review of any comments re-
quired under applicable law; 
(8) publication of any public notices required 
under applicable law; and 
(9) any final or interim decisions. 
(e) ADDRESSING PUBLIC COMMENTS.—As part of 
the review process of a critical mineral project under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), the lead agency may not address any agency 
or public comments that were not submitted— 
(1) during a public comment period or consulta-
tion period provided during the permitting process; 
or 
(2) as otherwise required by law. 
(f) REVIEW AND REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Secretary and 
the Secretary of Agriculture shall submit to Congress a 
report that— 
(1) identifies additional measures (including 
regulatory and legislative proposals, as appropriate) 
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that would increase the timeliness of permitting ac-
tivities for the exploration and development of do-
mestic critical minerals; 
(2) identifies options (including cost recovery 
paid by permit applicants, as appropriate) for ensur-
ing adequate staffing and training of Federal enti-
ties and personnel responsible for the consideration 
of applications, operating plans, leases, licenses, per-
mits, and other use authorizations for critical min-
eral projects on Federal land; 
(3) quantifies the amount of time typically re-
quired (including a range derived from minimum 
and maximum durations, mean, median, variance, 
and any other statistical measure or representation 
the Secretary and the Secretary of Agriculture de-
termine appropriate) to complete each step (includ-
ing those aspects outside the control of the executive 
branch, such as judicial review, applicant decisions, 
or State and local government involvement) associ-
ated with the development and processing of applica-
tions, operating plans, leases, licenses, permits, and 
other use authorizations for a mineral exploration or 
mine permit for a critical mineral project; and 
(4) describes actions carried out pursuant to 
subsection (b). 
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(g) PERFORMANCE METRIC.—Not later than 90 days 
after the date of submission of the report under subsection 
(e), the Secretary and the Secretary of Agriculture, after 
providing public notice and an opportunity to comment, 
shall develop and publish a performance metric for evalu-
ating the progress made by the executive branch to expe-
dite the permitting of critical mineral projects. 
(h) ANNUAL REPORTS.—Beginning with the first 
budget submission by the President under section 1105 
of title 31, United States Code, after publication of the 
performance metric required under subsection (f), and an-
nually thereafter, the Secretary and the Secretary of Agri-
culture shall jointly submit to Congress a report that— 
(1) summarizes the implementation of rec-
ommendations, measures, and options identified in 
paragraphs (1) and (2) of subsection (f); 
(2) using the performance metric under sub-
section (d), describes progress made by the executive 
branch, as compared to the baseline established pur-
suant to subsection (c)(3), on expediting the permit-
ting of activities that will increase exploration for, 
and development of, domestic critical minerals; and 
(3) compares the United States to other coun-
tries in terms of permitting efficiency and any other 
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criteria relevant to the globally competitive critical 
minerals industry. 
(i) INDIVIDUAL PROJECTS.—Using data from the 
Secretary of Agriculture and the Secretary generated 
under subsection (g), the Director of the Office of Man-
agement and Budget shall prioritize inclusion of individual 
critical mineral projects on the website operated by the 
Office of Management and Budget in accordance with sec-
tion 1122 of title 31, United States Code. 
(j) REPORT
OF
SMALL
BUSINESS
ADMINISTRA-
TION.—Not later than 1 year and 300 days after the date 
of enactment of this Act, the Administrator of the Small 
Business Administration shall submit to the Committees 
on Small Business and Natural Resources of the House 
of Representatives and Small Business and Entrepreneur-
ship and Energy and Natural Resources of the Senate a 
report that assesses the performance of Federal agencies 
with respect to— 
(1) complying with chapter 6 of title 5, United 
States Code, in promulgating regulations applicable 
to the critical minerals industry; and 
(2) performing an analysis of regulations appli-
cable to the critical minerals industry that may be 
outmoded, inefficient, duplicative, or excessively bur-
densome. 
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(k) DEFINITIONS.—In this section: 
(1) BYPRODUCT.—The term ‘‘byproduct’’ has 
the meaning given such term in section 7002 of the 
Consolidated Appropriations Act, 2021 (Public Law 
116–260). 
(2) CRITICAL
MINERAL.—The term ‘‘critical 
mineral’’ has the meaning given such term in section 
7002 of the Consolidated Appropriations Act, 2021 
(Public Law 116–260) except that such term shall 
not exclude materials described in subsection 
(a)(3)(B)(iii) of such section. 
(3) CRITICAL
MINERAL
PROJECT.—The term 
‘‘critical mineral project’’ means a project— 
(A) located on— 
(i) a mining claim, millsite claim, or 
tunnel site claim for any locatable mineral; 
(ii) lands open to mineral entry; or 
(iii) a Federal mineral lease; and 
(B) for the purpose of producing a critical 
mineral, including— 
(i) as a byproduct, or a product of a 
host mineral, or from tailings; or 
(ii) through an exploration project 
with respect to which the presence of a by-
product is a reasonable expectation, based 
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on known mineral companionality, geologic 
formation, mineralogy, or other factors. 
(4) 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). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) 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. 
(7) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the agency with primary responsibility for 
issuing a mineral exploration or mine permit for a 
project. 
(8) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘‘mineral exploration or mine per-
mit’’ means— 
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(A) an authorization of the Bureau of 
Land Management or the Forest Service, as ap-
plicable, for a premining activity that requires 
analysis under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) a plan of operations issued by the Bu-
reau of Land Management or the Forest Serv-
ice; and 
(C) a permit for a project located in an 
area for which a hardrock mineral permit or 
lease is available. 
Æ 
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