I 
117TH CONGRESS 
1ST SESSION H. R. 3240 
To require the Secretary of the Interior and the Secretary of Agriculture 
to more efficiently develop domestic sources of the minerals and mineral 
materials of strategic and critical importance to the economic and na-
tional security and manufacturing competitiveness of the United States, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2021 
Mr. AMODEI (for himself, Mr. WESTERMAN, Mr. YOUNG, Mr. LAMALFA, Mr. 
FULCHER, Mr. RESCHENTHALER, and Mrs. LESKO) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources 
A BILL 
To require the Secretary of the Interior and the Secretary 
of Agriculture to more efficiently develop domestic 
sources of the minerals and mineral materials of strategic 
and critical importance to the economic and national 
security and manufacturing competitiveness of the 
United States, and for other purposes. 
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 2021’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The industrialization of developing nations 
has driven demand for nonfuel minerals necessary 
for 
telecommunications, 
military 
technologies, 
healthcare technologies, and conventional and renew-
able 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) Minerals and mineral materials are critical 
components of every transportation, water, tele-
communications, and energy infrastructure project 
necessary to modernize the crumbling infrastructure 
of the United States. 
(4) The exploration, production, processing, 
use, and recycling of minerals contribute signifi-
cantly to the economic well-being, security, and gen-
eral welfare of the United States. 
(5) Constraints on mineral supply chains are 
expected to grow globally due to increased demand, 
leading to higher costs of raw materials necessary 
for innovative technologies to combat climate 
change. 
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(6) China currently controls the majority of 
worldwide production of certain minerals, includ-
ing— 
(A) rare earth minerals; 
(B) graphite and graphene; 
(C) lithium; and 
(D) vanadium. 
(7) Domestic mineral production must grow to 
allow the United States to fulfill its national secu-
rity, healthcare, infrastructure, energy, manufac-
turing, agricultural, and environmental needs. 
(8) In order to ensure the United States re-
mains economically competitive, domestic production 
of 
minerals 
and 
mineral 
materials 
must 
be 
prioritized and bolstered through reducing existing 
constraints on mineral access. 
(9) As of 2020, the United States is entirely 
import dependent for 17 key mineral resources, and 
more than 50 percent import dependent for an addi-
tional 29 mineral commodities. United States min-
eral import reliance has nearly doubled over the past 
20 years. 
(10) The United States permitting process— 
which takes on average 7 to 10 years or more—is 
one of the principal barriers to the domestic mining 
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sector’s ability to ensure robust mineral supply 
chains and creates a competitive disadvantage in at-
tracting investment for mineral development. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ means— 
(A) any agency, department, or other unit 
of Federal, State, local, or tribal government; or 
(B) an Alaska Native Corporation. 
(2) ALASKA NATIVE CORPORATION.—The term 
‘‘Alaska Native Corporation’’ has the meaning given 
the term ‘‘Native Corporation’’ in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1602). 
(3) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the agency with primary responsibility for 
issuing a mineral exploration or mine permit for a 
project. 
(4) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘‘mineral exploration or mine per-
mit’’ includes— 
(A) an authorization of the Bureau of 
Land Management or the Forest Service, as ap-
plicable, for premining activities that requires 
an environmental impact statement or similar 
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analysis under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) a plan of operations issued by— 
(i) the Bureau of Land Management 
under subpart 3809 of part 3800 of title 
43, Code of Federal Regulations (or suc-
cessor regulations); or 
(ii) the Forest Service under subpart 
A of part 228 of title 36, Code of Federal 
Regulations (or successor regulations); and 
(C) a permit issued under an authority de-
scribed in section 3503.13 of title 43, Code of 
Federal Regulations (or successor regulations). 
(5) PROJECT.—The term ‘‘project’’ means a 
project for which the issuance of a permit is re-
quired to conduct activities for, relating to, or inci-
dental to mineral exploration, mining, beneficiation, 
processing, or reclamation activities— 
(A) on a mining claim, millsite claim, or 
tunnel site claim for any locatable mineral; or 
(B) relating to a Federal mineral lease 
leased under— 
(i) the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.); or 
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(ii) section 402 of Reorganization 
Plan Numbered 3 of 1946 (5 U.S.C. 
App.). 
SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND 
CRITICAL MINERALS. 
(a) DEFINITION OF STRATEGIC AND CRITICAL MIN-
ERALS.—In this section, the term ‘‘strategic and critical 
minerals’’ means minerals that are necessary— 
(1) for the national defense and national secu-
rity requirements; 
(2) for the energy infrastructure of the United 
States, including— 
(A) pipelines; 
(B) refining capacity; 
(C) electrical power generation and trans-
mission; and 
(D) renewable energy production; 
(3) for community resiliency, coastal restora-
tion, and ecological sustainability for the coastal 
United States; 
(4) to support domestic manufacturing, agri-
culture, housing, telecommunications, healthcare, 
and transportation infrastructure; or 
(5) for the economic security of, and balance of 
trade in, the United States. 
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(b) CONSIDERATION OF CERTAIN DOMESTIC MINES 
AS INFRASTRUCTURE PROJECTS.—A domestic mine that, 
as determined by the lead agency, will provide strategic 
and critical minerals shall be considered to be an infra-
structure project for the purposes of Executive Order 
13807 (42 U.S.C. 4370m note, relating to Establishing 
Discipline and Accountability in the Environmental Re-
view and Permitting Process for Infrastructure Projects). 
SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY. 
(a) IN GENERAL.—The lead agency shall appoint a 
project lead within the lead agency, who shall coordinate 
and consult with cooperating agencies and any other agen-
cies involved in the permitting process, project proponents, 
and contractors to ensure that cooperating agencies and 
other agencies involved in the permitting process, project 
proponents, and contractors— 
(1) minimize delays; 
(2) set and adhere to timelines and schedules 
for completion of the permitting process; 
(3) set clear permitting goals; and 
(4) track progress against those goals. 
(b) DETERMINATION UNDER THE NATIONAL ENVI-
RONMENTAL POLICY ACT OF 1969.— 
(1) IN GENERAL.—To the extent that section 
102(2)(C) of the National Environmental Policy Act 
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of 1969 (42 U.S.C. 4332(2)(C)) applies to the 
issuance of any mineral exploration or mine permit, 
the requirements of such section shall be deemed 
satisfied if the lead agency determines that a State 
or Federal agency acting under State or Federal law 
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 long- and 
short-term uses of the local environment and 
the maintenance and enhancement of long-term 
productivity. 
(E) Any irreversible and irretrievable com-
mitment of resources that would be involved in 
the proposed action. 
(F) The ability of the public to participate 
during the decision-making process for author-
izing actions under the permit. 
(2) WRITTEN REQUIREMENT.—In making a de-
termination under paragraph (1), not later than 90 
days after receipt of an application for the permit, 
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the lead agency, in a written record of decision, 
shall— 
(A) explain the rationale used in reaching 
the determination; and 
(B) state the facts in the record that are 
the basis for the determination. 
(c) COORDINATION ON PERMITTING PROCESS.— 
(1) IN GENERAL.—The lead agency shall en-
hance government coordination for the permitting 
process by— 
(A) avoiding duplicative reviews; 
(B) minimizing paperwork; and 
(C) engaging other agencies and stake-
holders early in the process. 
(2) CONSIDERATIONS.—In carrying out para-
graph (1), the lead agency shall consider— 
(A) deferring to, and relying on, baseline 
data, analyses, and reviews performed by State 
agencies with jurisdiction over the proposed 
project; and 
(B) to the maximum extent practicable, 
conducting any consultations or reviews concur-
rently rather than sequentially if concurrent 
consultation or review would expedite the proc-
ess. 
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(3) MEMORANDUM OF AGENCY AGREEMENT.— 
At the request of a State or local planning agency, 
the lead agency, in consultation with other Federal 
agencies with relevant jurisdiction in the environ-
mental review process, may establish memoranda of 
agreement with the project sponsor, State and local 
governments, and other appropriate entities to ac-
complish the coordination activities described in this 
subsection. 
(d) SCHEDULE FOR PERMITTING PROCESS.— 
(1) IN GENERAL.—For any project for which 
the requirements of section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) are not deemed satisfied by the lead 
agency under subsection (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 with the project proponent 
that sets time limits for each part of the permitting 
process, including— 
(A) the decision on whether to prepare an 
environmental impact statement or similar anal-
ysis required under section 102(2)(C) of the 
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National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)); 
(B) a determination of the scope of any en-
vironmental impact statement or similar anal-
ysis required under such section; 
(C) the scope of, and schedule for, the 
baseline studies required to prepare an environ-
mental impact statement or similar analysis re-
quired under such section; 
(D) preparation of any draft environmental 
impact statement or similar analysis required 
under such section; 
(E) preparation of a final environmental 
impact statement or similar analysis required 
under such section; 
(F) any consultations required under appli-
cable law; 
(G) submission and review of any com-
ments required under applicable law; 
(H) publication of any public notices re-
quired under applicable law; and 
(I) any final or interim decisions relating 
to such project. 
(2) TIME LIMIT FOR PERMITTING PROCESS.— 
Except if extended by mutual agreement of the 
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project proponent and the lead agency, the time pe-
riod for the total review process described in para-
graph (1) may not exceed 30 months. 
(e) LIMITATION
ON
ADDRESSING
PUBLIC
COM-
MENTS.—The lead agency is not required to address any 
agency or public comments that were not submitted— 
(1) during a public comment period or consulta-
tion period provided during the permitting process; 
or 
(2) as otherwise required by law. 
(f) FINANCIAL ASSURANCE.—Notwithstanding any 
other provision of law, the lead agency shall determine the 
amount of financial assurance required for reclamation of 
a mineral exploration or mining site. Such amount shall 
be sufficient to cover the estimated cost of contracting 
with a third party to reclaim the operations according to 
the reclamation plan, including construction and mainte-
nance costs for any treatment facilities necessary to meet 
Federal, State, and Tribal environmental standards. 
(g) PROJECTS WITHIN NATIONAL FORESTS.—With 
respect to projects on National Forest System land (as 
defined in section 11(a) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 (16 U.S.C. 
1609(a))) the lead agency shall— 
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(1) exempt from the requirements of part 294 
of title 36, Code of Federal Regulations (or suc-
cessor regulations)— 
(A) all areas of identified mineral re-
sources in land use designations, other than 
nondevelopment land use designations, in exist-
ence on the date of enactment of this Act; and 
(B) all additional routes or areas that the 
lead agency determines necessary to facilitate 
the construction, operation, maintenance, and 
restoration of an area described in subpara-
graph (A); and 
(2) continue to apply the exemptions described 
in paragraph (1) after the date on which approval 
of the minerals plan of operations described in sec-
tion 3(4)(B)(ii) for the National Forest System land. 
(h) APPLICATION TO EXISTING PERMIT APPLICA-
TIONS.— 
(1) IN GENERAL.—Upon written request by an 
applicant to the lead agency, this section shall apply 
to a mineral exploration or mine permit for which an 
application was submitted before the date of enact-
ment of this Act. 
(2) IMPLEMENTATION.—This section applies to 
a request for a mineral exploration or mine permit 
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submitted on a date that is not less than 30 days 
after the date of enactment of this Act. 
SEC. 6. SECRETARIAL ORDER NOT AFFECTED. 
This Act shall not apply to any mineral described in 
Secretarial Order 3324, issued by the Secretary of the In-
terior on December 3, 2012, in any area to which the 
order applies. 
Æ 
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