IIB 
114TH CONGRESS 
1ST SESSION H. R. 1937 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 26, 2015 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
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 United States economic and 
national security and manufacturing competitiveness. 
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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 2015’’. 
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) 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: 
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(A) Twenty-five years ago the United 
States was dependent on foreign sources for 45 
nonfuel mineral materials, 8 of which the 
United States imported 100 percent of the Na-
tion’s requirements, and for another 19 com-
modities the United States imported more than 
50 percent of the Nation’s needs. 
(B) By 2014 the United States import de-
pendence for nonfuel mineral materials in-
creased from 45 to 65 commodities, 19 of which 
the United States imported for 100 percent of 
the Nation’s requirements, and an additional 24 
of which the United States imported for more 
than 50 percent of the Nation’s needs. 
(C) The United States share of worldwide 
mineral exploration dollars was 7 percent in 
2014, down from 19 percent in the early 1990s. 
(D) In the 2014 Ranking of Countries for 
Mining Investment (out of 25 major mining 
countries), found that 7- to 10-year permitting 
delays are the most significant risk to mining 
projects in the United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(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— 
(A) Bureau of Land Management and For-
est Service authorizations for pre-mining activi-
ties that require environmental analyses pursu-
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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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(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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