I 
118TH CONGRESS 
1ST SESSION 
H. R. 209 
To improve the permitting process for mining on Federal land, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2023 
Mr. STAUBER (for himself, Mr. NEWHOUSE, Mr. CRENSHAW, Mrs. BOEBERT, 
Mr. GRAVES of Louisiana, Mr. CALVERT, Mr. FINSTAD, Mr. OWENS, Mr. 
MCCLINTOCK, Mrs. FISCHBACH, Mr. STEWART, Ms. TENNEY, Mr. 
OBERNOLTE, Mr. BENTZ, Mr. RESCHENTHALER, Mr. FULCHER, and Mr. 
EMMER) introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To improve the permitting process for mining on Federal 
land, 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 ‘‘Permitting for Mining 
Needs Act of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) BYPRODUCT.—The term ‘‘byproduct’’ has 
the meaning given such term in section 7002(a) of 
the Energy Act of 2020 (30 U.S.C. 1606(a)). 
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(3) MINERAL.—The term ‘‘mineral’’ means any 
mineral of a kind that is locatable (including, but 
not limited to, such minerals located on ‘‘lands ac-
quired by the United States’’, as such term is de-
fined in section 2 of the Mineral Leasing Act for Ac-
quired Lands) under the Act of May 10, 1872 
(Chapter 152; 17 Stat. 91). 
(4) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of the In-
terior. 
(5) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; and 
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(G) the United States Virgin Islands. 
SEC. 3. MINERALS SUPPLY CHAIN AND RELIABILITY. 
Section 40206 of the Infrastructure Investment and 
Jobs Act (30 U.S.C. 1607) is amended— 
(1) in the section heading, by striking ‘‘CRIT-
ICAL MINERALS’’ and inserting ‘‘MINERALS’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) LEAD AGENCY.—The term ‘lead agency’ 
means the Federal agency with primary responsi-
bility for issuing a mineral exploration or mine per-
mit or lease for a mineral project. 
‘‘(2) MINERAL.—The term ‘mineral’ has the 
meaning given such term in section 2 of the Permit-
ting for Mining Needs Act of 2023. 
‘‘(3) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘mineral exploration or mine permit’ 
means— 
‘‘(A) an authorization of the Bureau of 
Land Management or the Forest Service, as ap-
plicable, for exploration for minerals that re-
quires analysis under the National Environ-
mental Policy Act of 1969; 
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‘‘(B) a plan of operations for a mineral 
project approved by the Bureau of Land Man-
agement or the Forest Service; or 
‘‘(C) any other Federal permit or author-
ization for a mineral project. 
‘‘(4) MINERAL
PROJECT.—The term ‘mineral 
project’ means a project— 
‘‘(A) located on— 
‘‘(i) a mining claim, millsite claim, or 
tunnel site claim for any mineral; 
‘‘(ii) lands open to mineral entry; or 
‘‘(iii) a Federal mineral lease; and 
‘‘(B) for the purposes of exploring for or 
producing minerals.’’; 
(3) in subsection (b), by striking ‘‘critical’’ each 
place such term appears; 
(4) in subsection (c)— 
(A) by striking ‘‘critical mineral production 
on Federal land’’ and inserting ‘‘mineral 
projects’’; 
(B) by inserting ‘‘, and in accordance with 
subsection (h)’’ after ‘‘to the maximum extent 
practicable’’; 
(C) by striking ‘‘shall complete the’’ and 
inserting ‘‘shall complete such’’; 
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(D) in paragraph (1), by striking ‘‘critical 
mineral-related activities on Federal land’’ and 
inserting ‘‘mineral projects’’; 
(E) in paragraph (8), by striking the 
‘‘and’’ at the end; 
(F) in paragraph (9), by striking ‘‘proce-
dures.’’ and inserting ‘‘procedures; and’’; and 
(G) by adding at the end the following: 
‘‘(10) deferring to and relying on baseline data, 
analyses, and reviews performed by State agencies 
with jurisdiction over the environmental or reclama-
tion permits for the proposed mineral project.’’; 
(5) in subsection (d)— 
(A) by striking ‘‘critical’’ each place such 
term appears; and 
(B) in paragraph (3), by striking ‘‘mineral- 
related activities on Federal land’’ and inserting 
‘‘mineral projects’’; 
(6) in subsection (e), by striking ‘‘critical’’; 
(7) in subsection (f), by striking ‘‘critical’’ each 
place such term appears; 
(8) in subsection (g), by striking ‘‘critical’’ each 
place such term appears; and 
(9) by adding at the end the following: 
‘‘(h) OTHER REQUIREMENTS.— 
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‘‘(1) MEMORANDUM OF AGREEMENT.—For pur-
poses of maximizing efficiency and effectiveness of 
the Federal permitting and review processes de-
scribed under subsection (c), the lead agency in the 
Federal permitting and review processes of a min-
eral project shall (in consultation with any other 
Federal agency involved in such Federal permitting 
and review processes, and upon request of the 
project applicant, an affected State government, 
local government, or an Indian Tribe, or other entity 
such lead agency determines appropriate) enter into 
a memorandum of agreement with a project appli-
cant where requested by applicant to carry out the 
activities described in subsection (c). 
‘‘(2) TIMELINES
AND
SCHEDULES
FOR
NEPA 
REVIEWS.— 
‘‘(A) 
DEADLINES.—Any 
timelines 
or 
schedules established under subsection (c)(1) 
relating to a review under section 102(2)(C) of 
the National Environmental Policy Act of 1969 
shall require that the review process not ex-
ceed— 
‘‘(i) 12 months for an environmental 
assessment; and 
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‘‘(ii) 24 months for an environmental 
impact statement. 
‘‘(B) EXTENSION.—A project applicant 
may enter into 1 or more agreements with a 
lead agency to extend the deadlines described in 
clauses (i) and (ii) of subparagraph (A) by, 
with respect to each such agreement, not more 
than 6 months. 
‘‘(C) ADJUSTMENT OF TIMELINES.—At the 
request of a project applicant, the lead agency 
and any other entity which is a signatory to a 
memorandum of agreement under paragraph 
(1) may, by unanimous agreement, adjust— 
‘‘(i) any deadlines described in sub-
paragraph (A); and 
‘‘(ii) any deadlines extended under 
subparagraph (B). 
‘‘(3) DOCUMENT PREPARED BY PROJECT APPLI-
CANT.—The lead agency with respect to a mineral 
project may adopt an environmental impact state-
ment or environmental assessment prepared by or 
for a project applicant with respect to such project 
if such document fulfills the requirements of section 
102(2)(C) of the National Environmental Policy Act 
of 1969. 
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‘‘(4) EFFECT
ON
PENDING
APPLICATIONS.— 
Upon a written request by a project applicant, the 
requirements of this subsection shall apply to any 
application for a mineral exploration or mine permit 
or mineral lease that was submitted before the date 
of the enactment of the Permitting for Mining 
Needs Act of 2023.’’. 
SEC. 4. FEDERAL REGISTER PROCESS IMPROVEMENT. 
Section 7002(f) of the Energy Act of 2020 (30 
U.S.C. 1606(f)) is amended— 
(1) in paragraph (2), by striking ‘‘critical’’ both 
places such term appears; and 
(2) by striking paragraph (4). 
SEC. 5. DESIGNATION OF MINING AS A COVERED SECTOR 
FOR FEDERAL PERMITTING IMPROVEMENT 
PURPOSES. 
Section 41001(6)(A) of the FAST Act (42 U.S.C. 
4370m(6)(A)) is amended by inserting ‘‘minerals produc-
tion,’’ before ‘‘or any other sector’’. 
SEC. 6. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 
DETERMINATION 2022–11 FOR FEDERAL PER-
MITTING IMPROVEMENT PURPOSES. 
(a) IN GENERAL.—Except as provided by subsection 
(c), an action described in subsection (b) shall be— 
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(1) treated as a covered project, as defined in 
section 41001(6) of the Fixing America’s Surface 
Transportation Act (42 U.S.C. 4370m(6)), without 
regard to the requirements of that section; and 
(2) included in the Permitting Dashboard main-
tained pursuant to section 41003(b) of that Act (42 
13 U.S.C. 4370m–2(b)). 
(b) ACTIONS DESCRIBED.—An action described in 
this subsection is an action taken by the Secretary of De-
fense pursuant to Presidential Determination 2022–11 
(87 Fed. Reg. 19775; relating to certain actions under 
section 303 of the Defense Production Act of 1950) to 
create, maintain, protect, expand, or restore sustainable 
and 
responsible 
domestic 
production 
capabilities 
through— 
(1) supporting feasibility studies for mature 
mining, beneficiation, and value-added processing 
projects; 
(2) byproduct and co-product production at ex-
isting mining, mine waste reclamation, and other in-
dustrial facilities; 
(3) modernization of mining, beneficiation, and 
value-added processing to increase productivity, envi-
ronmental sustainability, and workforce safety; or 
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(4) any other activity authorized under section 
303(a)(1) of the Defense Production Act of 1950 15 
(50 U.S.C. 4533(a)(1)). 
(c) EXCEPTION.—An action described in subsection 
(b) may not be treated as a covered project or be included 
in the Permitting Dashboard under subsection (a) if the 
project sponsor (as defined in section 41001(18) of the 
Fixing America’s Surface Transportation Act (42 U.S.C. 
4370m(18))) requests that the action not be treated as 
a covered project. 
SEC. 7. MINERAL EXPLORATION ACTIVITIES WITH LIMITED 
SURFACE DISTURBANCE. 
Notwithstanding any other provision of law, not later 
than 15 calendar days after receiving a notice in such 
time, place, and manner as the applicable Secretary deter-
mines appropriate describing the exploration activities and 
subsequent reclamation activities, the Secretary of the In-
terior with respect to lands administered by the Secretary, 
and the Secretary of Agriculture with respect to National 
Forest System lands, shall— 
(1) review and determine completeness of the 
notice; and 
(2) allow mineral exploration activities other 
than casual use to proceed if— 
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(A) the surface disturbance on Federal 
land will not exceed 5 acres; 
(B) the Secretary determines that the no-
tice is complete; and 
(C) financial assurance is provided. 
SEC. 8. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI-
TIES. 
Section 10101 of the Omnibus Budget Reconciliation 
Act of 1993 (30 U.S.C. 28f) is amended by adding at the 
end the following: 
‘‘(e) SECURITY OF TENURE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—A claimant shall have 
the right to use, occupy, and conduct operations 
on public land, with or without the discovery of 
a valuable mineral deposit, if— 
‘‘(i) such claimant makes a timely 
payment of the location fee required by 
section 10102 and the claim maintenance 
fee required by subsection (a); or 
‘‘(ii) in the case of a claimant who 
qualifies for a waiver under subsection (d), 
such claimant makes a timely payment of 
the location fee and complies with the re-
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quired assessment work under the general 
mining laws. 
‘‘(B) OPERATIONS
DEFINED.—For the 
purposes of this paragraph, the term ‘oper-
ations’ means— 
‘‘(i) any activity or work carried out 
in connection with prospecting, exploration, 
processing, discovery and assessment, de-
velopment, or extraction with respect to a 
locatable mineral; 
‘‘(ii) the reclamation of an area dis-
turbed by an activity described in subpara-
graph (A); and 
‘‘(iii) any activity reasonably incident 
to an activity described in subparagraphs 
(A) or (B), whether on a mining claim or 
not, including the construction and mainte-
nance of facilities, roads, transmission 
lines, pipelines, and any other necessary 
infrastructure or means of access on public 
land. 
‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY 
AND
MANAGEMENT
ACT.—A claimant that fulfills 
the requirements of this section and section 10102 
shall be deemed to satisfy the requirements of any 
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provision of the Federal Land Policy and Manage-
ment Act that requires the payment of fair market 
value to the United States for use of public lands 
and resources relating to use of such lands and re-
sources authorized by the general mining laws. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
section may be construed to diminish— 
‘‘(A) the rights of entry, use, and occu-
pancy of a claimant under the general mining 
laws; or 
‘‘(B) the rights of a claimant under the 
general mining laws.’’. 
SEC. 9. ENSURING CONSIDERATION OF URANIUM AS A 
CRITICAL MINERAL. 
(a) IN GENERAL.—Section 7002(a)(3)(B)(i) of the 
Energy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is 
amended to read as follows: 
‘‘(i) oil, oil shale, coal, or natural 
gas;’’. 
(b) UPDATE.—Not later than 60 days after the date 
of the enactment of this section, the Secretary, acting 
through the Director of the United States Geological Sur-
vey, shall publish in the Federal Register an update to 
the final list established in section 7002(c)(3) of the En-
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ergy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance 
with subsection (a) of this section. 
SEC. 10. LIMITATION ON JUDICIAL REVIEW. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim arising under Federal law seeking ju-
dicial review of a permit, license, or approval issued by 
a Federal lead agency for a mining project shall be barred 
unless it is filed not later than 120 days after the permit, 
license, or approval is final pursuant to the law under 
which the agency action is taken, unless a shorter time 
is specified in the Federal law pursuant to which judicial 
review is allowed. 
(b) SAVINGS CLAUSE.—Nothing in this section shall 
create a right to judicial review or place any limit on filing 
a claim that a person has violated the terms of a permit, 
license, or approval. 
Æ 
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