IIB 
113TH CONGRESS 
1ST SESSION 
H. R. 761 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 19, 2013 
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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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 ‘‘National Strategic and 
Critical Minerals Production Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The industrialization of China and India 
has driven demand for nonfuel mineral commodities, 
sparking a period of resource nationalism exempli-
fied by China’s reduction in exports of rare-earth 
elements necessary for telecommunications, military 
technologies, healthcare technologies, and conven-
tional and renewable energy technologies. 
(2) The availability of minerals and mineral 
materials are essential for economic growth, national 
security, technological innovation, and the manufac-
turing and agricultural supply chain. 
(3) The exploration, production, processing, 
use, and recycling of minerals contribute signifi-
cantly to the economic well-being, security and gen-
eral welfare of the Nation. 
(4) The United States has vast mineral re-
sources, but is becoming increasingly dependent 
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upon foreign sources of these mineral materials, as 
demonstrated by the following: 
(A) Twenty-five years ago the United 
States was dependent on foreign sources for 30 
nonfuel mineral materials, 6 of which the 
United States imported 100 percent of the Na-
tion’s requirements, and for another 16 com-
modities the United States imported more than 
60 percent of the Nation’s needs. 
(B) By 2011 the United States import de-
pendence for nonfuel mineral materials had 
more than doubled from 30 to 67 commodities, 
19 of which the United States imported 100 
percent of the Nation’s requirements, and for 
another 24 commodities, imported more than 
50 percent of the Nation’s needs. 
(C) The United States share of worldwide 
mineral exploration dollars was 8 percent in 
2011, down from 19 percent in the early 1990s. 
(D) In the 2012 Ranking of Countries for 
Mining Investment, out of 25 major mining 
countries, the United States ranked last with 
Papua New Guinea in permitting delays, and 
towards the bottom regarding government take 
and social issues affecting mining. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) STRATEGIC AND CRITICAL MINERALS.—The 
term ‘‘strategic and critical minerals’’ means min-
erals that are necessary— 
(A) for national defense and national secu-
rity requirements; 
(B) for the Nation’s energy infrastructure, 
including pipelines, refining capacity, electrical 
power generation and transmission, and renew-
able energy production; 
(C) to support domestic manufacturing, 
agriculture, 
housing, 
telecommunications, 
healthcare, and transportation infrastructure; 
or 
(D) for the Nation’s economic security and 
balance of trade. 
(2) AGENCY.—The term ‘‘agency’’ means any 
agency, department, or other unit of Federal, State, 
local, or tribal government, or Alaska Native Cor-
poration. 
(3) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘‘mineral exploration or mine per-
mit’’ includes plans of operation issued by the Bu-
reau of Land Management and the Forest Service 
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pursuant to 43 CFR 3809 and 36 CFR 228A or the 
authorities listed in 43 CFR 3503.13, respectively. 
TITLE I—DEVELOPMENT OF DO-
MESTIC SOURCES OF STRA-
TEGIC AND CRITICAL MIN-
ERALS 
SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND 
CRITICAL MINERALS. 
Domestic mines that will provide strategic and crit-
ical minerals shall be considered an ‘‘infrastructure 
project’’ as described in Presidential Order ‘‘Improving 
Performance of Federal Permitting and Review of Infra-
structure Projects’’ dated March 22, 2012. 
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY. 
(a) IN GENERAL.—The lead agency with responsi-
bility for issuing a mineral exploration or mine permit 
shall appoint a project lead who shall coordinate and con-
sult with cooperating agencies and any other agency in-
volved in the permitting process, project proponents and 
contractors to ensure that agencies minimize delays, set 
and adhere to timelines and schedules for completion of 
the permitting process, set clear permitting goals and 
track progress against those goals. 
(b) DETERMINATION UNDER NEPA.—To the extent 
that the National Environmental Policy Act of 1969 ap-
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