(B) by striking ‘‘section,’’ and inserting 
‘‘section:’’; 
(C) by striking ‘‘the term ‘critical mineral’ 
has the meaning given the term in section 
7002(a) of the Energy Act of 2020 (30 U.S.C. 
1606(a))’’ and inserting the following: 
‘‘(1) MINERAL.—The term ‘mineral’ means any 
mineral of a kind that is locatable (including such 
minerals located on lands acquired by the United 
States, as such term is defined in section 102 of the 
Mineral Leasing Act for Acquired Lands) under the 
Act of May 10, 1872 (Chapter 152; 17 Stat. 91).’’; 
and 
(D) by adding at the end the following: 
‘‘(2) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘mineral exploration or mine permit’ 
means— 
‘‘(A) an authorization of the Bureau of 
Land Management or the Forest Service, as ap-
plicable, for exploration for minerals that re-
quires analysis under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
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‘‘(B) a plan of operations for a mineral 
project approved by the Bureau of Land Man-
agement or the Forest Service; or 
‘‘(C) any other permit or authorization for 
a mineral project. 
‘‘(3) 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. 
‘‘(4) LEAD AGENCY.—The term ‘lead agency’ 
means the Federal agency with primary responsi-
bility for issuing a mineral exploration or mine per-
mit for a mineral project.’’; 
(3) in subsection (b), by striking ‘‘critical’’ each 
place it appears; 
(4) in subsection (c)— 
(A) by striking ‘‘critical mineral production 
on Federal land’’ and inserting ‘‘mineral 
projects’’; 
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(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 ‘‘proce-
dures.’’ 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 reclama-
tion permits for the proposed mineral project.’’; 
(5) in subsection (d)— 
(A) by striking ‘‘critical’’ each place it ap-
pears; and 
(B) in paragraph (3), by striking ‘‘mineral- 
related activities on Federal land’’ and inserting 
‘‘mineral projects’’; 
(6) in subsection (e), by striking ‘‘critical’’; 
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(7) in subsection (f), by striking ‘‘critical’’ each 
place it appears; 
(8) in subsection (g), by striking ‘‘critical’’ each 
place it appears; and 
(9) by adding at the end the following: 
‘‘(h) OTHER REQUIREMENTS.— 
‘‘(1) MEMORANDUM OF AGREEMENT.—For pur-
poses of maximizing efficiency and effectiveness of 
the Federal permitting and review processes de-
scribed under subsection (c), the lead agency in the 
Federal permitting and review processes of a min-
eral 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 to carry out the activi-
ties 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 
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shall require that the review process not ex-
ceed— 
‘‘(i) 18 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 sub-
paragraph (A); and 
‘‘(ii) any deadlines extended under 
subparagraph (B). 
‘‘(3) 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 
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that was submitted before the date of enactment of 
the Permitting for Mining Needs Act of 2022.’’. 
SEC. 4. LIMITATION ON JUDICIAL REVIEW. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim arising under Federal law seeking ju-
dicial 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 1 year 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. 
SEC. 5. 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). 
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SEC. 6. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 
DETERMINATION 2022–11 FOR FEDERAL PER-
MITTING 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 main-
tained 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 De-
fense 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) by-product and co-product production at ex-
isting mining, mine waste reclamation, and other in-
dustrial facilities; 
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(3) modernization of mining, beneficiation, and 
value-added processing to increase productivity, envi-
ronmental sustainability, and workforce safety; or 
(4) any other activity authorized under section 
14 303(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. 
21 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, the Sec-
retary, with respect to lands administered by the Sec-
retary, and the Secretary of Agriculture with respect to 
National Forest System lands, shall allow mineral explo-
ration activities other than casual use to proceed after re-
ceiving a notice in such time, place, and manner as the 
applicable Secretary determines appropriate, describing 
the exploration activities and subsequent reclamation ac-
tivities if— 
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(1) the surface disturbance on Federal land will 
not exceed 5 acres; 
(2) the Secretary determines that the notice is 
complete; and 
(3) the exploration activities are not on Federal 
land that has been previously reclaimed. 
SEC. 8. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI-
TIES. 
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 claimant shall have the 
right to use and occupy public land, before and after 
the discovery of a valuable mineral deposit, in order 
to prospect, mine, conduct processing operations, or 
carry out other activities reasonably incident to such 
activities if— 
‘‘(A) such claimant makes a timely pay-
ment of the location fee required by section 
10102(g) and the claim maintenance fee re-
quired by subsection (a); or 
‘‘(B) in the case of a claimant who quali-
fies for a waiver under subsection (d), such 
claimant makes a timely payment of the loca-
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tion fee and complies with the required assess-
ment work under the general mining laws. 
‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY 
AND
MANAGEMENT
ACT.—A claimant that fulfills 
the requirements of this section and section 
10102(g) shall be deemed to satisfy the require-
ments 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 min-
ing laws. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
section may be construed to diminish— 
‘‘(A) the rights of entry, use, and occu-
pancy of a claimant under the general mining 
laws; or 
‘‘(B) the rights of a claimant under the 
general mining laws.’’. 
Æ 
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