I 
116TH CONGRESS 
1ST SESSION H. R. 2531 
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 7, 2019 
Mr. AMODEI (for himself, Mr. GOHMERT, Mr. JOHNSON of Ohio, Mr. YOUNG, 
Mr. WESTERMAN, Mr. HICE of Georgia, Mr. COOK, Mr. GOSAR, Mrs. 
RODGERS of Washington, Mr. LAMBORN, Mr. TIPTON, Mr. LAMALFA, 
Mr. MOONEY of West Virginia, Mr. STAUBER, Mr. STEWART, Mr. 
MCCLINTOCK, Mr. HAGEDORN, and Mr. GIANFORTE) 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Strategic and 
Critical Minerals Production Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(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 ma-
terials 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 significantly to 
the economic well-being, security, and general wel-
fare of the United States; and 
(5) the United States has vast mineral re-
sources but is becoming increasingly dependent on 
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foreign sources of mineral resources, as dem-
onstrated by the fact that— 
(A) 25 years ago, the United States was 
dependent on foreign sources for 45 nonfuel 
mineral materials, of which— 
(i) 8 were imported by the United 
States to fulfill 100 percent of the require-
ments of the United States for those 
nonfuel mineral materials; and 
(ii) 19 were imported by the United 
States to fulfill greater than 50 percent of 
the requirements of the United States for 
those nonfuel mineral materials; 
(B) by 2015 the import dependence of the 
United States for nonfuel mineral materials in-
creased from dependence on the import of 45 
nonfuel mineral materials to dependence on the 
import of 47 nonfuel mineral materials, of 
which— 
(i) 19 were imported by the United 
States to fulfill 100 percent of the require-
ments of the United States for those 
nonfuel mineral materials; and 
(ii) 22 were imported by the United 
States to fulfill greater than 50 percent of 
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the requirements of the United States for 
those nonfuel mineral materials; 
(C) according to the Department of En-
ergy, the United States imports greater than 50 
percent of the 41 metals and minerals key to 
clean energy applications; 
(D) the United States share of worldwide 
mineral exploration dollars was 7 percent in 
2015, down from 19 percent in the early 1990s; 
(E) the 2014 Ranking of Countries for 
Mining Investment, which ranks 25 major min-
ing countries, found that 7- to 10-year permit-
ting delays are the most significant risk to min-
ing projects in the United States; and 
(F) in late 2016, the Government Account-
ability Office found that— 
(i) ‘‘the Federal government’s ap-
proach to addressing critical materials sup-
ply issues has not been consistent with se-
lected key practices for interagency col-
laboration, such as ensuring that agencies’ 
roles and responsibilities are clearly de-
fined’’; and 
(ii) ‘‘the Federal critical materials ap-
proach faces other limitations, including 
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data limitations and a focus on only a sub-
set of critical materials, a limited focus on 
domestic production of critical materials, 
and limited engagement with industry’’. 
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 
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an environmental impact statement or similar 
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) in conjunction with any Federal min-
eral (other than coal and oil shale) that is 
leased under— 
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(i) the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.); or 
(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 
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(5) for the economic security of, and balance of 
trade in, the United States. 
(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, as described in Executive Order 13807. 
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 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 that 
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Act shall be considered to have been procedurally 
and substantively satisfied if the lead agency deter-
mines that any 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) That public participation will occur 
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; 
(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.— 
(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-
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rently rather than sequentially if the concurrent 
consultation or review would expedite the proc-
ess. 
(3) MEMORANDUM OF AGENCY AGREEMENT.— 
If requested at any time by a State or local planning 
agency, the lead agency, in consultation with other 
Federal agencies with relevant jurisdiction in the en-
vironmental review process, may establish memo-
randa of agreement with the project sponsor, State 
and local governments, and other appropriate enti-
ties to accomplish the coordination activities de-
scribed in this subsection. 
(d) SCHEDULE FOR PERMITTING PROCESS.— 
(1) IN GENERAL.—For any project for which 
the lead agency cannot make the determination de-
scribed subsection (b), at the request of a project 
proponent, the lead agency, cooperating agencies, 
and any other agencies involved with the mineral ex-
ploration 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-
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ysis required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) a determination of the scope of any en-
vironmental impact statement or similar anal-
ysis required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
(C) the scope of, and schedule for, the 
baseline studies required to prepare an environ-
mental impact statement or similar analysis re-
quired under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
(D) preparation of any draft environmental 
impact statement or similar analysis required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(E) preparation of a final environmental 
impact statement or similar analysis required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(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 
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(I) any final or interim decisions. 
(2) TIME LIMIT FOR PERMITTING PROCESS.— 
Except if extended by mutual agreement of the 
project proponent and the lead agency, the time pe-
riod for the total review process described in para-
graph (1) shall not exceed 30 months. 
(e) LIMITATION
ON
ADDRESSING
PUBLIC
COM-
MENTS.—The lead agency shall not be 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.—The lead agency shall 
determine the amount of financial assurance required for 
reclamation of a mineral exploration or mining site, on the 
condition that the financial assurance shall cover the esti-
mated cost if the lead agency were to contract with a third 
party to reclaim the operations according to the reclama-
tion plan, including construction and maintenance costs 
for any treatment facilities necessary to meet Federal, 
State, or tribal environmental standards. 
(g) PROJECTS WITHIN NATIONAL FORESTS.—With 
respect to projects on National Forest System land, 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 and areas that the 
lead agency determines necessary to facilitate 
the construction, operation, maintenance, and 
restoration of an area described in paragraph 
(1); 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.—This section applies to a 
mineral exploration or mine permit for which an ap-
plication was submitted before the date of enactment 
of this Act if the applicant for the permit submits 
a written request to the lead agency for the permit. 
(2) IMPLEMENTATION.—The lead agency shall 
begin implementing this section with respect to an 
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application described in paragraph (1) not later than 
30 days after the date on which the lead agency re-
ceives the written request for the permit. 
SEC. 6. FEDERAL REGISTER PROCESS FOR MINERAL EX-
PLORATION AND MINING PROJECTS. 
(a) DEPARTMENTAL REVIEW.—Absent any extraor-
dinary circumstances, as determined by the Secretary of 
the Interior or the Secretary of Agriculture, as applicable, 
and except as otherwise required by law, the Secretary of 
the Interior or the Secretary of Agriculture, as applicable, 
shall ensure that each Federal Register notice associated 
with the issuance of a mineral exploration or mine permit 
and required by law shall be— 
(1) subject to any required reviews within the 
Department of the Interior or the Department of 
Agriculture, as applicable; and 
(2) published in final form in the Federal Reg-
ister not later than 45 days after the date of initial 
preparation of the notice. 
(b) PREPARATION.—The preparation of any Federal 
Register notice described in subsection (a) shall be dele-
gated to the organizational level within the lead agency. 
(c) TRANSMISSION.—All Federal Register notices de-
scribed in subsection (a) regarding official document avail-
ability, announcements of meetings, or notices of intent 
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to undertake an action shall originate in, and be trans-
mitted to the Federal Register from, the office in which, 
as applicable— 
(1) the documents or meetings are held; or 
(2) the activity is initiated. 
SEC. 7. 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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