(f) TIME LIMIT FOR PERMITTING PROCESS.—In no 
case should the total review process described in sub-
section (d) exceed 30 months unless extended by the sig-
natories of the agreement. 
(g) 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. 
(h) 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. 
(i) 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 
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begin implementing this section with respect to such appli-
cation within 30 days after receiving such written request. 
(j) 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 of 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 
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mitigating environmental impacts, so that more of the 
mineral resource can be brought to the marketplace. 
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. 
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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. 
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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. 
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Union Calendar No. 192 
114TH CONGRESS 
1ST SESSION 
H. R. 1937 
[Report No. 114–253, Part I] 
A BILL 
To require the Secretary of the Interior and the 
Secretary of Agriculture to more efficiently de-
velop domestic sources of the minerals and min-
eral materials of strategic and critical importance 
to United States economic and national security 
and manufacturing competitiveness. 
SEPTEMBER 8, 2015 
Reported from the Committee on Natural Resources 
SEPTEMBER 8, 2015 
The Committee on the Judiciary discharged; committed 
to the Committee of the Whole House on the State of 
the Union and ordered to be printed 
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