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
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.
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
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-
plies to any mineral exploration or mine permit, the lead 
agency with responsibility for issuing a mineral explo-
ration or mine permit shall determine that the action to 
approve the exploration or mine permit does not constitute 
a major Federal action significantly affecting the quality 
of the human environment within the meaning of the Na-
tional Environmental Policy Act of 1969 if the procedural 
and substantive safeguards of the permitting process 
alone, any applicable State permitting process alone, or 
a combination of the two processes together provide an 
adequate mechanism to ensure that environmental factors 
are taken into account. 
(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. The lead agency 
shall consider the following best 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) SCHEDULE FOR PERMITTING PROCESS.—At the 
request of a project proponent, the lead agency, cooper-
ating agencies and any other agencies involved with the 
mineral exploration or mine permitting process shall enter 
into an agreement with the project proponent that sets 
time limits for each part of the permitting process includ-
ing the following: 
(1) The decision on whether to prepare a docu-
ment required under the National Environmental 
Policy Act of 1969. 
(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. 
(e) TIME LIMIT FOR PERMITTING PROCESS.—In no 
case should the total review process described in sub-
section (d) exceed 30 months unless agreed to by the sig-
natories of the agreement. 
(f) LIMITATION
ON
ADDRESSING
PUBLIC
COM-
MENTS.—The lead agency is not required to address agen-
cy or public comments that were not submitted during any 
public comment periods or consultation periods provided 
during the permitting process or as otherwise required by 
law. 
(g) FINANCIAL ASSURANCE.—The lead agency will 
determine the amount of financial assurance for reclama-
tion of a mineral exploration or mining site, which must 
cover the estimated cost if the lead agency were to con-
tract with a third party to reclaim the operations accord-
ing to the reclamation plan, including construction and 
maintenance costs for any treatment facilities necessary 
to meet Federal, State or tribal environmental standards.
(h) APPLICATION TO EXISTING PERMIT APPLICA-
TIONS.—This section shall apply with respect to a mineral 
exploration or mine permit for which an application was 
submitted before the date of the enactment of this Act 
if the applicant for the permit submits a written request 
to the lead agency for the permit. The lead agency shall 
begin implementing this section with respect to such appli-
cation within 30 days after receiving such written request. 
(i) STRATEGIC
AND CRITICAL MINERALS WITHIN 
NATIONAL FORESTS.—With respect to strategic and crit-
ical minerals within a federally administered unit of the 
National Forest System, the lead agency shall— 
(1) exempt all areas of identified mineral re-
sources in Land Use Designations, other than Non- 
Development Land Use Designations, in existence as 
of the date of the enactment of this Act from the 
procedures detailed at and all rules promulgated 
under part 294 of title 36, Code for Federal Regula-
tions; 
(2) apply such exemption to all additional 
routes and areas that the lead agency finds nec-
essary to facilitate the construction, operation, main-
tenance, and restoration of the areas of identified 
mineral resources described in paragraph (1); and
(3) continue to apply such exemptions after ap-
proval of the Minerals Plan of Operations for the 
unit of the National Forest System. 
SEC. 103. CONSERVATION OF THE RESOURCE. 
In evaluating and issuing any mineral exploration or 
mine permit, the priority of the lead agency shall be to 
maximize the development of the mineral resource, while 
mitigating environmental impacts, so that more of the 
mineral resource can be brought to the market place. 
SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EX-
PLORATION AND MINING PROJECTS. 
(a) PREPARATION OF FEDERAL NOTICES FOR MIN-
ERAL
EXPLORATION
AND
MINE
DEVELOPMENT 
PROJECTS.—The preparation of Federal Register notices 
required by law associated with the issuance of a mineral 
exploration or mine permit shall be delegated to the orga-
nization level within the agency responsible for issuing the 
mineral exploration or mine permit. All Federal Register 
notices regarding official document availability, announce-
ments of meetings, or notices of intent to undertake an 
action shall be originated and transmitted to the Federal 
Register from the office where documents are held, meet-
ings are held, or the activity is initiated. 
(b) DEPARTMENTAL REVIEW
OF FEDERAL REG-
ISTER NOTICES FOR MINERAL EXPLORATION AND MIN-
ING PROJECTS.—Absent any extraordinary circumstance 
or except as otherwise required by any Act of Congress, 
each Federal Register notice described in subsection (a) 
shall undergo any required reviews within the Department 
of the Interior or the Department of Agriculture and be 
published in its final form in the Federal Register no later 
than 30 days after its initial preparation. 
TITLE II—JUDICIAL REVIEW OF 
AGENCY ACTIONS RELATING 
TO EXPLORATION AND MINE 
PERMITS 
SEC. 201. DEFINITIONS FOR TITLE. 
In this title the term ‘‘covered civil action’’ means a 
civil action against the Federal Government containing a 
claim under section 702 of title 5, United States Code, 
regarding agency action affecting a mineral exploration or 
mine permit. 
SEC. 202. TIMELY FILINGS. 
A covered civil action is barred unless filed no later 
than the end of the 60-day period beginning on the date 
of the final Federal agency action to which it relates. 
SEC. 203. RIGHT TO INTERVENE. 
The holder of any mineral exploration or mine permit 
may intervene as of right in any covered civil action by
a person affecting rights or obligations of the permit hold-
er under the permit. 
SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE 
ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as possible. 
SEC. 205. LIMITATION ON PROSPECTIVE RELIEF. 
In a covered civil action, the court shall not grant 
or approve any prospective relief unless the court finds 
that such relief is narrowly drawn, extends no further than 
necessary to correct the violation of a legal requirement, 
and is the least intrusive means necessary to correct that 
violation. 
SEC. 206. LIMITATION ON ATTORNEYS’ FEES. 
Sections 504 of title 5, United States Code, and 2412 
of title 28, United States Code (together commonly called 
the Equal Access to Justice Act) do not apply to a covered 
civil action, nor shall any party in such a covered civil ac-
tion receive payment from the Federal Government for 
their attorneys’ fees, expenses, and other court costs. 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. SECRETARIAL ORDER NOT AFFECTED. 
Nothing in this Act shall be construed as to affect 
any aspect of Secretarial Order 3324, issued by the Sec-
retary of the Interior on December 3, 2012, with respect 
to potash and oil and gas operators. 
Passed the House of Representatives September 18, 
2013. 
Attest: 
Clerk.