ant to the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) plans of operation issued by the Bu-
reau of Land Management and the Forest Serv-
ice pursuant to 43 CFR 3809 and 36 CFR 
228A or the authorities listed in 43 CFR 
3503.13, respectively, as amended from time to 
time. 
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 within the lead agency who 
shall coordinate and consult with cooperating agencies and 
any other agency involved in the permitting process, 
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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 permit-
ting goals and track progress against those goals. 
(b) DETERMINATION UNDER NEPA.— 
(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, the requirements of such 
Act shall be deemed to have been procedurally and 
substantively satisfied if the lead agency determines 
that any State and/or Federal agency acting pursu-
ant to State or Federal (or both) statutory or proce-
dural authorities, has addressed or will address the 
following factors: 
(A) The environmental impact of the ac-
tion to be conducted under the permit. 
(B) Possible adverse environmental effects 
of actions under the permit. 
(C) Possible alternatives to issuance of the 
permit. 
(D) The relationship between local long- 
and short-term uses of man’s environment and 
the maintenance and enhancement of long-term 
productivity. 
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(E) Any irreversible and irretrievable com-
mitment of resources that would be involved in 
the proposed action. 
(F) That public participation will occur 
during the decisionmaking process for author-
izing actions under the permit. 
(2) WRITTEN
REQUIREMENT.—In reaching a 
determination under paragraph (1), the lead agency 
shall, by no later than 90 days after receipt of an 
application for the permit, in a written record of de-
cision— 
(A) explain the rationale used in reaching 
its determination; 
(B) state the facts in the record that are 
the basis for the determination; and 
(C) show that the facts in the record could 
allow a reasonable person to reach the same de-
termination as the lead agency did. 
(c) COORDINATION ON PERMITTING PROCESS.—The 
lead agency with responsibility for issuing a mineral explo-
ration or mine permit shall enhance government coordina-
tion for the permitting process by avoiding duplicative re-
views, minimizing paperwork, and engaging other agencies 
and stakeholders early in the process. For purposes of this 
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subsection, the lead agency shall consider the following 
practices: 
(1) Deferring to and relying upon baseline data, 
analyses and reviews performed by State agencies 
with jurisdiction over the proposed project. 
(2) Conducting any consultations or reviews 
concurrently rather than sequentially to the extent 
practicable and when such concurrent review will ex-
pedite rather than delay a decision. 
(d) MEMORANDUM OF AGENCY AGREEMENT.—If re-
quested at any time by a State or local planning agency, 
the lead agency with responsibility for issuing a mineral 
exploration or mine permit, in consultation with other 
Federal agencies with relevant jurisdiction in the environ-
mental review process, may establish memoranda of agree-
ment with the project sponsor, State and local govern-
ments, and other appropriate entities to accomplish the 
early coordination activities described in subsection (c). 
(e) SCHEDULE FOR PERMITTING PROCESS.—For any 
project for which the lead agency cannot make the deter-
mination described in 102(b), at the request of a project 
proponent the lead agency, cooperating agencies, and any 
other agencies involved with the mineral exploration or 
mine permitting process shall enter into an agreement 
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with the project proponent that sets time limits for each 
part of the permitting process, including for the following: 
(1) The decision on whether to prepare a docu-
ment required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) A determination of the scope of any docu-
ment required under the National Environmental 
Policy Act of 1969. 
(3) The scope of and schedule for the baseline 
studies required to prepare a document required 
under the National Environmental Policy Act of 
1969. 
(4) Preparation of any draft document required 
under the National Environmental Policy Act of 
1969. 
(5) Preparation of a final document required 
under the National Environmental Policy Act of 
1969. 
(6) Consultations required under applicable 
laws. 
(7) Submission and review of any comments re-
quired under applicable law. 
(8) Publication of any public notices required 
under applicable law. 
(9) A final or any interim decisions. 
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