IB 
Union Calendar No. 100 
113TH CONGRESS 
1ST SESSION 
H. R. 761 
[Report No. 113–138, Part I] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2013 
Mr. AMODEI (for himself, Mr. GOSAR, Mr. LAMBORN, Mr. BISHOP of Utah, 
Mr. JONES, Mr. WALBERG, Mr. FRANKS of Arizona, Mr. HECK of Ne-
vada, Mr. TIPTON, Mr. WALDEN, Mr. STIVERS, Mr. JOHNSON of Ohio, 
Mr. LATTA, Mr. YOUNG of Alaska, Mr. CONAWAY, Mr. BENISHEK, Mr. 
DAINES, Mr. GARDNER, Mr. SCHWEIKERT, Mr. MATHESON, Mr. BISHOP 
of Georgia, Mr. LABRADOR, Mr. STEWART, Mr. CHAFFETZ, Mr. SALMON, 
Mr. SIMPSON, Mr. GOHMERT, Mr. PEARCE, and Mr. LUETKEMEYER) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources, and in addition to the Committee on the Judiciary, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
JULY 8, 2013 
Additional sponsors: Mr. COFFMAN, Mr. AUSTIN SCOTT of Georgia, Mr. 
MCCLINTOCK, Mr. FINCHER, Mr. GRAVES of Georgia, Mrs. LUMMIS, Mr. 
SOUTHERLAND, Mr. SCHOCK, Mr. FLORES, Mr. HARRIS, Mr. CRAMER, 
Mr. GRIMM, Mrs. BACHMANN, Mr. BUCSHON, Mr. DUNCAN of South 
Carolina, Mr. NUNNELEE, Mr. WEBER of Texas, Mr. ROGERS of Michi-
gan, Mr. ROSS, Mr. KLINE, Mrs. MCMORRIS RODGERS, Mr. LONG, Mr. 
MEADOWS, Mr. RADEL, Mr. WESTMORELAND, Mr. THOMPSON of Penn-
sylvania, Mr. DIAZ-BALART, Mrs. MILLER of Michigan, and Mr. ROHR-
ABACHER 
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JULY 8, 2013 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 8, 2013 
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 
[For text of introduced bill, see copy of bill as introduced on February 15, 2013] 
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 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 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 exemplified 
by China’s reduction in exports of rare-earth elements 
necessary for telecommunications, military tech-
nologies, healthcare technologies, and conventional 
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 significantly to 
the economic well-being, security and general welfare 
of the Nation. 
(4) The United States has vast mineral re-
sources, but is becoming increasingly dependent upon 
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foreign sources of these mineral materials, as dem-
onstrated 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 Nation’s require-
ments, and for another 16 commodities 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. 
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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, ag-
riculture, 
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 PERMIT.— 
The term ‘‘mineral exploration or mine permit’’ in-
cludes plans of operation issued by the Bureau of 
Land Management and the Forest Service pursuant 
to 43 C.F.R. 3809 and 36 C.F.R. 228A or the au-
thorities listed in 43 C.F.R. 3503.13, respectively. 
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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 critical 
minerals shall be considered an ‘‘infrastructure project’’ as 
described in Presidential Order ‘‘Improving Performance of 
Federal Permitting and Review of Infrastructure Projects’’ 
dated March 22, 2012. 
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY. 
(a) IN GENERAL.—The lead agency with responsibility 
for issuing a mineral exploration or mine permit shall ap-
point a project lead who shall coordinate and consult with 
cooperating agencies and any other agency involved 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 applies 
to any mineral exploration or mine permit, the lead agency 
with responsibility for issuing a mineral exploration or 
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mine permit shall determine that the action to approve the 
exploration or mine permit does not constitute a major Fed-
eral action significantly affecting the quality of the human 
environment within the meaning of the National Environ-
mental 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 con-
currently rather than sequentially to the extent prac-
ticable and when such concurrent review will expedite 
rather than delay a decision. 
(d) SCHEDULE FOR PERMITTING PROCESS.—At the 
request of a project proponent, the lead agency, cooperating 
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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 the fol-
lowing: 
(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. 
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(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 subsection 
(d) exceed 30 months unless agreed to by the signatories 
of the agreement. 
(f) LIMITATION
ON
ADDRESSING
PUBLIC
COM-
MENTS.—The lead agency is not required to address agency 
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 de-
termine the amount of financial assurance for reclamation 
of a mineral exploration or mining site, which must cover 
the estimated cost if the lead agency were to contract with 
a third party to reclaim the operations according 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 
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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 application 
within 30 days after receiving such written request. 
(i) STRATEGIC AND CRITICAL MINERALS WITHIN NA-
TIONAL FORESTS.—With respect to strategic and critical 
minerals within a federally administered unit of the Na-
tional 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 pro-
cedures detailed at and all rules promulgated under 
part 294 of title 36, Code for Federal Regulations; 
(2) apply such exemption to all additional routes 
and areas that the lead agency finds necessary to fa-
cilitate the construction, operation, maintenance, 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 
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maximize the development of the mineral resource, while 
mitigating environmental impacts, so that more of the min-
eral 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 organi-
zation 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 ac-
tion shall be originated and transmitted to the Federal Reg-
ister from the office where documents are held, meetings are 
held, or the activity is initiated. 
(b) DEPARTMENTAL REVIEW OF FEDERAL REGISTER 
NOTICES
FOR
MINERAL
EXPLORATION
AND
MINING 
PROJECTS.—Absent any extraordinary circumstance or ex-
cept as otherwise required by any Act of Congress, each Fed-
eral Register notice described in subsection (a) shall under-
go any required reviews within the Department of the Inte-
rior or the Department of Agriculture and be published in 
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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, re-
garding 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 holder 
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 nec-
essary to correct the violation of a legal requirement, and 
is the least intrusive means necessary to correct that viola-
tion. 
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 
action receive payment from the Federal Government for 
their attorneys’ fees, expenses, and other court costs. 
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