HR 761 RFS 
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 
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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. 
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(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. 
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(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 
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(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-
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